Anotrer SWAT OP gone astray? How will trhis cookie crumble in federal court?


PDA






alan
August 13, 2006, 12:04 AM
Family of slain Dundalk woman sues Baltimore County police

Luke Broadwater, The Examiner
Aug 10, 2006 5:00 AM (2 days ago)


BALTIMORE - The police never knocked on her door.


They threw a flash-bang grenade and used a battering ram instead.

Then they shot the startled 44-year-old Dundalk mother to death in her bedroom without reason.

That’s the argument laid out in a federal wrongful death lawsuit filed Wednesday by family members of Cheryl Noel, 44, whom police shot and killed during a Jan. 19, 2005 SWAT team raid of her residence.

The 11-page lawsuit seeks compensatory and punitive damages for the family in connection with the loss of Noel’s life and the “companionship” and “care” she provided to her husband, mother and two sons.

“This was a tragedy that should never have happened,” said Terrell Roberts III, an attorney for the Noel family.

Roberts claims in a suit filed in U.S. District Court in Baltimore that five police officers and Baltimore County violated Noel’s constitutional rights by killing her.

Officer Carlos Artson “made an unreasonable seizure of the person of Cheryl Lynn Noel by shooting and killing her, violating her rights under the Fourth and Fourteenth Amendments of the United States Constitution ...” the suit states.

At 4:30 a.m. on Jan. 21, 2005, Noel and her husband, Charles, were asleep in the master bedroom of their row house when the heavily-armed Baltimore County SWAT team stormed through her home. According to the suit, officers had found “trace amounts of drugs” in trash cans outside of the home.

Cheryl Noel feared criminal intruders had broken into her home and grabbed a lawfully registered gun and held it pointed at the floor, the suit states.

Artson kicked in her bedroom door with his boot and, without identifying himself or telling Noel to drop her weapon, shot her three times, including once after she already had slumped to the floor, according to the suit.

“The use of a SWAT team to execute a routine drug warrant was excessive and overkill,” Roberts said. “The woman never knew the police had entered her home. She was doing everything that could be expected of a law-abiding citizen to protect her own life. She was shot and killed without any warning that the police were present or to drop her gun.”

Roberts said his clients “vigorously dispute” arguments that Noel was pointing her gun at the police officer when the officer shot her.

“Clearly, a third shot was wholly unnecessary and grossly excessive,” he said.

Baltimore County Police spokesman William Toohey said police did nothing wrong and the Baltimore County State’s Attorney’s backs the officers.

“The State’s Attorney’s Office ruled that the shooting was justified,” he said.

lbroadwater@baltimoreexaminer.com

Examiner

If you enjoyed reading about "Anotrer SWAT OP gone astray? How will trhis cookie crumble in federal court?" here in TheHighRoad.org archive, you'll LOVE our community. Come join TheHighRoad.org today for the full version!
MrZ
August 13, 2006, 12:24 AM
A drug dealer out of this world?

Justified imo...

the 22 junkie
August 13, 2006, 12:27 AM
Justified? Are you kidding me? Kicking down doors without identifying yourself and shooting american citizens in the name of the war on drugs is NOT justified.
What planet are you living on? :fire: :cuss:

SomeKid
August 13, 2006, 12:38 AM
Baltimore County Police spokesman William Toohey said police did nothing wrong and the Baltimore County State’s Attorney’s backs the officers.

“The State’s Attorney’s Office ruled that the shooting was justified,” he said.

Huh. So, home invasion and murder is legal in MD?

Third_Rail
August 13, 2006, 12:55 AM
I hope the murderers (that's what they are, folks; trivial laws broken or not, storming into a house and shooting people to death is murder) get life in prison.


The entire "War on (some) Drugs" is a sham to allow this kind of abuse.

cassandrasdaddy
August 13, 2006, 01:02 AM
for misdemeanor possesion. and trying to play her as a pothead is a nonstarter they drug test where she works. they shot the lady who lead the lunchtime bible study and i wanna see if its true that the 3rd short was extra after she was down.

carebear
August 13, 2006, 01:02 AM
A drug dealer out of this world?

Justified imo...

Make that "suspected" drug dealer. Unless you are aware of this woman having been convicted of dealing in this case, prior to being made dead.

And, I might add, apparently "suspected" due solely of some residue on a trashcan out in a public place. No (published anyway) documented UC buy, no corroberating witnesses, not even any report that any dope was found after the fact.

You are what we call "suspects" here in America aren't you? We call them "innocent people".

Soooooo, guess what I "suspect" you of?

<here's a tip, keep an eye on your trashcan for an "I'm with stupid" tshirt. :rolleyes: >

Old Fuff
August 13, 2006, 01:03 AM
Look for a large out-of-court settlement and no further fuss. This is not the kind of case they let get to a jury. :banghead:

MrZ
August 13, 2006, 01:10 AM
"Justified? Are you kidding me? Kicking down doors without identifying yourself and shooting american citizens in the name of the war on drugs is NOT justified."

I absolutely agree.

However, that is more than likely not the case in this example, and I am much more willing to take the word of our men in blue over that of a worthless drug dealer EVERY time. Until proven otherwise.

Yes, she was an "American citizen". WAS being the key word in that sentance...

"What planet are you living on? "

Earth.

I

gc70
August 13, 2006, 01:15 AM
I guess the Baltimore County Police never thought about taking the suspects down quietly and away from the residence. Nah, that would not have been as much fun as a dynamic entry and using some of their fancy training.

And who were the dangerous, big-time drug dealers that warranted a SWAT raid? Apparently the woman's husband and son and the son's girlfriend, who were charged with misdemeanor drug possession.

The whole SWAT-as-the-solution-for-everything mentality is way out of control.

Liberal Gun Nut
August 13, 2006, 01:22 AM
The shooter should be prosecuted for Murder 2 or maybe manslaughter. The PD should be cleaned out (bankrupted) for the wrongful death. And we should declare victory in the War on Drugs and stop it.

Frog48
August 13, 2006, 02:09 AM
I have a problem with SWAT raids, in general. The police is basically setting people up to get killed.

Think about it: if someone breaks through your door in the middle of the night, with a gun... your first thought would be that its a home invasion by a criminal. You'd likely grab your (weapon of choice) on your nightstand, because a reasonable person would believe that their home is being burglarized. At this point, a darkly dressed man in body armor would have already put a couple rounds in you before you had the opportunity to drop the weapon.

carebear
August 13, 2006, 02:13 AM
Grant, Grant, Grant...

You know they yelled "Police" a second or two before the ram hit don't you?

She should have heard it through her sleep and immediately known they were good guys. So it is kind of her fault for being armed when they came into the bedroom. :rolleyes:

beerslurpy
August 13, 2006, 03:51 AM
"Drug residue on garbage outside the home" does not make one a drug dealer. If she had actually been dealing drugs, I'm sure that would have been mentioned. For all we know, local addicts could have been tossing stuff in her garbage cans as they passed by. I still dont get how they would get from residue to "she must be a drug dealer" for the warrant. I'd love to see the affidavit. It would be funny if it wasnt so tragic.

Its sad that there are people intelligent enough to read and write but stupid enough to beleive these halfassed attempts to justify yet another horrible SWAT screw up.

Then again, the sadder problem is that it isnt really a screw up, because any use of SWAT justifies a bigger budget next year, and any raid can bring forfeiture and more money for the department. Why work for a living when you can just shoot people with guns and take their possessions on the flimsiest of pretenses? It's like highway robbery, only in the name of the King. I really have to register my amazement that people havent started to become fed up yet- is the mainstream media really that good at helping cover up?

cassandrasdaddy
August 13, 2006, 03:59 AM
it was based on an anonymous tip
wonder if tipster is a lil freaked out that he got a woman dead

WeedWhacker
August 13, 2006, 04:01 AM
However, that is more than likely not the case in this example, and I am much more willing to take the word of our men in blue over that of a worthless drug dealer EVERY time. Until proven otherwise.

It's going to be hard for Ms. Noel to defend her innocence, what with her being all ventilated and dead, because she reached for a weapon when her door was broken down at oh-dark-thirty. So much for just punishments...

brerrabbit
August 13, 2006, 04:34 AM
I bet the tipster is gonna be even more freaked out when his name comes out in the civil suit. Might be a good time to get out of dodge considering he probably has pretty much the victims family and the local law enforcement wanting to mess him up.

ilbob
August 13, 2006, 07:04 AM
I am sure one of the LE apologists will come up with some kind of justification for this action.

But the bottom line is why was the swat guy not prosecuted?

If you or I made a mistake and someone died because of it (assuming for the moment it was just a mistake), we certainly would be prosecuted.

strambo
August 13, 2006, 07:11 AM
Wow, all over drug residue found in a garbage can open to the public. You'd think that would provide PC to warrant further investigation...NOT skipping all reasonable steps and going straight to kick in the door. Just from a financial standpoint, even if they hadn't killed her, a week spent on further investigation is a lot cheaper than kicking in the door, finding nothing and getting sued. Of couse, it's tax-payer dollars and federal "war on drugs" grants probably paid for the flashbangs.

Spot77
August 13, 2006, 08:25 AM
Huh. So, home invasion and murder is legal in MD?



Yup. Just like self defense is the polar opposite.



"baaah", say the sheep of Maryland. :fire:

joab
August 13, 2006, 08:40 AM
You people realize that you are accepting and presenting as evidence the mere words of a trial lawyer right?

Spot77
August 13, 2006, 08:51 AM
You people realize that you are accepting and presenting as evidence the mere words of a trial lawyer right?



To some degree we are. However I've found The Examiner to be a rather unbiased paper with USUALLY well researched articles. It's a great alternative to the dribble that comes from the Baltimore Sun.

But besides that, the general consensus is that these midnight SWAT raids have become the norm for what most consider less than worthy crimes, and that the acceptance of these events by the American people is a crying shame.

strambo
August 13, 2006, 08:54 AM
Well, if the only justification for the warrant (and it will be public record right?) was "trace amounts of drugs" in the trash can...the rest doesn't matter. I am only discussing based on the article (it's all I have and this is a discusion board, not a jury). Yes, there is probably more to the story...I haven't called any cops murderers, but executing a no-knock based on residue is BS....unless they had a lot more, un-mentioned in the article, evidence.

Furthermore, even if they had lots more evidence...was there anything in the history of anyone in the household to indicate violent, or potentially violent, behavior? I mean they rammed the door in and tossed a flashbang like it was a hostage rescue op. Unless the Lawyer made up the flashbang part too...

1 old 0311
August 13, 2006, 09:07 AM
This is wrong on so many different levels. I hope the family cleans the city out, and those responsible ALL THE WAY TO THE TOP are fired. No NOBODY will see jail time. System don't work that way.

Hardware
August 13, 2006, 09:14 AM
Maybe they found coffee cans and dryer sheets in the trash can?

Baba Louie
August 13, 2006, 09:20 AM
We doing this... again?
Good.
While the SWAT officers were at the sharp end of the spear, do not forget that a judge had to sign said warrant based on someone's information and the whole shebang is due to some laws written and codified by local, state and federal elected persons.
So, you can blame one man (or woman) if you choose... if it makes you feel better. Question is... which one man? And why just him?

See? Another marijuana related death. Pot kills. So does stupidity. Like dealing drugs. Like making some drugs illegal.

What is ominous is the ease with which some people go from saying that they don't like something to saying that the government should forbid it. When you go down that road, don't expect freedom to survive very long. — Thomas Sowell

ilbob
August 13, 2006, 09:28 AM
Not that long ago, a judge signed a drug warrant around here based on "drug paraphernalia" and some kind of snitch "evidence".

Turned out the "drug paraphernalia" was some ziplock bags and a small electronic scale. Not a whole lot diffferent than the scale that every reloader has. Or the plastic bags in everyone's kitchen. IIRC, no drugs were found.

joab
August 13, 2006, 09:34 AM
To some degree we are. However I've found The Examiner to be a rather unbiased paper with USUALLY well researched articles. It's a great alternative to the dribble that comes from the Baltimore Sun.To some degree? How about to the full extent
I don't care how unbiased you think the newspaper is as a whole the entire article is a one sided version of events with absolutly no evidence presented or even hinted at to prove the case that account.

thereisnospoon
August 13, 2006, 09:41 AM
The increasing militarization of Law Enforcement (remember when they were called Peace Officers?) is the continuation of the slide down the slippery slope towards a Police State and the beginning of the end of the Republic.

In this example, a woman had the audacity to arm herself during what could have very well been a valid raid by Police. Since she had the audacity to defend herself, she was ventilated and made an example to the rest of us.

Resistance is futile...you will be assimilated...nothing to see hear....move along subj....er, citizen.

It really was a grand experiment.

NCBUSA
August 13, 2006, 09:53 AM
This is yet another example of a department eating up their homeland security (You feel secure don’t ya? :) ) dollars. Reminds me of the Melloncamp song, Aint that America....

I'm surprised there are not more LEOs sounding up here. I have friends in various rolls, lets say, and I cant imagine anyone of them behaving that way.

Going in after a couple of hard hitters, in some crack house known for violence, yes by all means. In fact, use a FB in every opening, being sure to wake up everybody (and get your precious 5 seconds)! Damn people...come on...This was a FAMILY.

I'm surprised the lady didn't shoot at least ONE of them. Looks like she might have hesitated, and thought...Shoot or Don’t Shoot? (which everyone should.) Sadly, seems the cop didn't ask ANY questions before squeezing a round off.

What about that third round? The make sure your down for the count round. That kind of crap flies when your dealing with ENEMY soldiers in IRAQ. But a LEO's charter deals with levels of force and the object is arrest, NOT elimination of the threat all together.


I'll stop now, but one last thing.

This kindly sharply contrasts the treatment of the boarder patrol officers recently. They were dealing with an ACTUAL drug dealer, not some Bible thumping pothead.




But then, I wasn’t there. But I can think for myself, cant I.


Chris

hammer4nc
August 13, 2006, 10:04 AM
As I understand it, the three other residents in this raid were cited for possession and released in their own recognizance.

The critical observer notes that law enforcement never misses an opportunity to demonize suspects/defendants in raid cases, to glorify their cases. How many times are drugs/weapons laid out on tarps in the front yard, with detailed descriptions of "anti government" literature, for the media? Kitchen cleaners called "bomb making ingredients", if they're really desperate? None of that seemed to have occurred here. In summary, SWAT called out for simple pot possession. Thinking citizens should be outraged. In light of the disparity of force vs. the suspected crime, murder charges are justified. Unfortunately, our legal system only allows vague "denial of civil rights" lawsuits that will drag out for years. The guilty won't be punished; taxpayers won't notice the extra $.02 on their tax bill.

Joab, do you have any information or insight to bring to this discussion, or do you just like to snipe at other member without ever taking a position? Man up or ..... ..

Thanks.

Byron Quick
August 13, 2006, 10:30 AM
Mr. Z,

Tell me, if some hophead tosses a used needle in your garbage, that's probable cause for the local SWAT to use a battering ram on your door without warning, shoot you if you have the unmitigated audacity to attempt to defend yourself and your family against the unknown home invaders, and for the membership here to label you a drug dealer?

Just curious as to your reasoning, friend.

How about giving your conclusions for this SWAT raid:

Aiken, South Carolina.

Intelligence that precipitated the raid: 14 year old informant, runaway with criminal charges pending alleges minors in possession of guns and drugs.

Result: SWAT raid with full nine yards of flash bangs, dynamic entry, submachine guns, etc. ad nauseum.

A flashbang was thrown through a broken window. It exploded next to a fourteen year old girl's ear resulting in permanent hearing loss.

The entry entered and held all participants at gunpoint.

A fiirearm was found in a bedroom. Bedroom belonged to a 21 year old and was found to be in his legal possession.

After no apparent illegal drugs were found, a gallon of red koolaid was seized in the desperate hope that it at least was spiked with alcohol. By this time, with an badly injured minor, SWAT was getting desperate to find something illegal somewhere on the premises.

Analysis at the crime lab returned the somber results that the red koolaid was ....red koolaid.

The City of Aiken lost a federal lawsuit and a judgement for 2/3 of a million dollars was assessed against the city.

The Chief of Police and the city government maintain that the raid was necessary and have refused to issue an apology.

The young girl is still deaf in one ear. The officers who deafened her-and his entire chain of command-is still on the job. Don't you feel safer?

Old Partner
August 13, 2006, 10:53 AM
SSIA

JohnBT
August 13, 2006, 11:09 AM
SSIA = So Sorry in Advance. I had to look it up.

Why do you absolutely detest cops? I know some of them try harder than others and some are smarter than others, but why detest all of them?

John

joab
August 13, 2006, 11:12 AM
Joab, do you have any information or insight to bring to this discussion, or do you just like to snipe at other member without ever taking a position? Man up or ..... ..You want my position
This board is becoming an embarrassment.
Members with a well documented agenda come to post one sided stories with absolutely no evidence presented to back it up and all the cop haters and conspiracy speculators take it as gospel.

Do you have any information to bring to the discussion? Didn't think so and I have seen what you consider insight.

I won't fall lock step into your evil murdering police rants so I have to shut up, how typical of your sort.
A call for reason meets with a suggestion to shut up

ilbob
August 13, 2006, 11:30 AM
I think we all agree the cops have a tough job sometimes. It is made much tougher by their own boneheaded practice of whitewashing mistakes they make with transparent stories made up long after the fact.

Most of the time they get it right. They ought to be man enough to admit it when they make a mistake.

We hold US soldiers in a combat zone to a higher standard of conduct than we do our own LEOs.

In the end, it is not just the cops fault these things happen. It is the politicians that let it happen. If you want to stop the practice of using these type of tactics for arrests of run-of-the-mill non-violent offenders, bend your local politicians' ears. They control what LE is allowed to do, and can put a stop to it.

Or better yet, explain to your favorite politician that the war on drugs has been lost because LE elected to concentrate on non-violent low level offenders rather than serious dealers. Explain to them that the way to shift enforcement where it belongs is to decriminalize possession of small quantities of "illegal" drugs. Make it an offense similar to a traffic ticket with a fine of $10 for the first offense, and $15 for subsequent offenses.

gc70
August 13, 2006, 11:52 AM
Members with a well documented agenda come to post a one sided stories with absolutely no evidence presented to back it up and all the cop haters and conspiracy speculators take it as gospel. A woman is dead - shot by the police; The other people in the house were charged with misdemeanor possession and released on their own recognizance, and; The police have not claimed anyone in the house had a prior criminal history.Since anyone can google the above information from multiple sources, there does appear to be some evidence and a basis for discussion.

[afterthought] Speaking of evidence, I would love to get more information on why the husband was charged with two counts of possession of black powder.

hammer4nc
August 13, 2006, 12:15 PM
Sorry joab, if you misunderstood my post, "man up" means I thought you had some inside information on this case. Despite your last post, you are still invited to contribute...

In this thread, you've chosen to slur the lawyer and the newspaper, and by extension other forum members, prior to your ad hom on me (what, exactly, is "your sort"?); without offering any specifics.

You're certainly entitled to your opinions, as we all are.

IN response to your attack on THR, I'd stack this forum up against any other on the internet, as to content and discourse. Even those posts I disagree with are informative and revealing. I'm sorry you're embarrased, are you familiar with the forum glocktalk/coptalk? Might be more up your alley, for LE issues.;)

ilbob
August 13, 2006, 12:17 PM
I absolutely detest cops

Not all cops are bad. In fact, the overwhelming majority are good guys. Just like the overwhelming majority of our fellow citizens.

There are just way too many of them enforcing way too many laws. And only the politicians can deal with that problem.

If you must detest someone, detest the politicians for allowing this kind of behavior. Better yet, why waste your time detesting anyone. Work to improve the system.

ilbob
August 13, 2006, 12:19 PM
Speaking of evidence, I would love to get more information on why the husband was charged with two counts of possession of black powder.

I think MD requires some kind of permit to possess black powder.

I wonder if it was really black powder or pyrodex.

JasonMD85
August 13, 2006, 12:40 PM
ilbob, with what I have learned latley about MD laws, you are probably correct. HOWEVER, I have five friends that I know of, maybe more that I dont, that have muzzle loaders, muskets, and/or reload in their house. Non have ever mentioned that they needed a permit to have the black powder, even when they took me to a gun shop to look at muskets and muzzle loaders. We may have some screwed up laws, but I dont believe you need a permit to purchase black powder... although I have been wrong before. Norton or Spot77 probably can provide better insite into that question.

Edit: Im not 100% if they actually use black powder now that I think about it.. I know my one friend has Pyrodex, I assume for his muzzle loader, and I know other friends with muskets and muzzle loaders. I know pretty much nothing about those guns, I am simply assuming some sort of black powder is used in the barrel as a propelent.

Preacherman
August 13, 2006, 12:43 PM
Folks, this whole threadful of rants is ridiculous. We have very few facts to go on. When the rest of the facts come out in court, we can make a reasoned judgment as to whether or not the SWAT team acted appropriately. Until then, kindly stop with the knee-jerk reactions and the unjustified positions, and take several dozen chill pills.

If you enjoyed reading about "Anotrer SWAT OP gone astray? How will trhis cookie crumble in federal court?" here in TheHighRoad.org archive, you'll LOVE our community. Come join TheHighRoad.org today for the full version!