Charges Dropped Against Man Who Shot Police Officers
Charges Dropped Against Man Who Shot Police Officers
No Officer Was Seriously Injured
POSTED: 11:58 a.m. EST January 7, 2003
UPDATED: 5:11 p.m. EST January 7, 2003
BALTIMORE -- Prosecutors are dropping charges against a man who shot four police officers in Baltimore during a drug raid.
Baltimore City State's Attorney Patricia Jessamy says that's because police didn't announce their police presence before the man's door was knocked down with a battering ram in November.
Jessamy says investigators have concluded that Lewis Cauthorne, 26, was acting in self-defense when he fired six shots from a .45-caliber handgun when officers entered his home.
"Statements taken from the officers, as well as evidence inside the house, led me to conclude Lewis Cauthorne was acting in self defense," Jessamy said.
An investigation found that members of the raid team were not wearing police uniforms or raid jackets that would have identified them as police officers.
In her announcement, Jessamy cited a 1995 U.S. Supreme Court case mandating that police must knock and announce their presence before making a forced entry on a search warrant.
But Baltimore City Acting Police Commissioner John McEntee said he strongly feels the case should have gone to a grand jury.
"Fortunately, none of those officers have sustained a life-threatening injury. Unfortunately, the state's attorney has made the decision not to pursue criminal charges in this matter," McEntee said.
He firmly believes his officers did knock and identify themselves before knocking down the door.
"I think that's in dispute. There are several officers who clearly have made statements contradictory to that and there are other officers who simply did not hear something, but do not dispute the statements made by other officers," McEntee said.
Jessamy stressed her decision to dismiss the Cauthorne case is intended to protect both the public and police.
"This is not singular message that we want people to start shooting at police officers if they [are] opposite. What we're saying to the citizens of Baltimore City is that we want you to be safe and secure in your homes. What we are saying to police officers is that we appreciate your efforts and we want to make sure that you to be safe also," Jessamy said.
Jessamy said her decision was based on a Supreme Court ruling that requires officers with a warrant to properly announce themselves and give people an opportunity to open the door -- particularly if officers have a what's called a no-knock warrant, WBAL-TV 11 NEWS reported.
Police were required to knock and announce their presence while they served a warrant to search Cauthorne's house for drugs. Several of the officers, involved, Jessamy says, told investigators that procedure wasn't followed.
McEntee said the police department has made improvements to raid situations following the Cauthorne case.
"There were some changes that were made the very next day [including] search warrants, raid jackets being warn [and] better identification of officers," McEntee said.
But the nylon jackets that have "police" in bold lettering were not worn by the police officers involved in this case, WBAL-TV 11 NEWS reported.
The procedure is spelled out in a 1995 Supreme Court decision that involved a drug raid in Arkansas. Prosecutors relied on that decision in the Cauthorne case, WBAL-TV 11 NEWS reported.
"Our reading of the facts here, the people inside weren't given an opportunity to open the door and allow the officers to come in," Jessamy said.
Jessamy says her decision was based solely on the law. Prosecutors say they are seeking Cauthorne's release.
Prosecutors say only traces of marijuana and cocaine were found in the house -- as well as a larger amount of a powder that's used as a cutting agent.
Stay with TheWBALChannel.com and 11 News for the latest news updates.
Previous Stories:
January 3, 2003: I-Team: Accused Cop-Shooter's Case In Jeopardy
November 22, 2002: Police, Family Dispute Raid Actions
November 20, 2002: Confusion Could Be Cause For Shooting
November 20, 2002: Community Reacts To Shooting
November 20, 2002: Mayor Calls Officers Heroes
November 20, 2002: Four Baltimore City Police Officers Shot
Copyright 2003 by TheWBALChannel.com. The Associated Press contributed to this report. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
It seems this guy isn't exactly the most upstanding citizen around and he still got off, in Maryland to boot!