'Do Two Ounces of Marijuana Constitute a Death Warrant?'
Jacob Sullum | August 12, 2005, 11:22am
What would you do if masked, armed men burst into your home early in the morning? Anthony Diotaiuto, a 23-year-old bartender in Sunset*, Florida, ran to his bedroom and got his pistol, whereupon he was gunned down by two members of a SWAT team. Police had a search warrant alleging "drug-related activity." In addition to Diotaiuto's corpse, the search produced two ounces of pot, a scale, and some plastic bags.
Police, who knew Diotaiuto had a handgun permit, claim they announced their presence before invading the house. The neighbors say they didn't:
Next-door neighbor Rudy Strauss told the Sun-Sentinel he and his wife were awake when the raid occurred and heard the crash of Diotauito's door being smashed in, but heard no yelling announcing the presence of police. There were no words spoken outside, he said, adding that he and his wife watched the raid unfold from their window. "I heard this loud bang, and I saw a flash," Strauss said Tuesday. "I never heard them say 'Police.' If somebody were pounding on the door, I would definitely hear that, or if they yelled, 'Police, police!'"
Residents outraged by the raid attended a city council meeting this week. "Do two ounces of marijuana constitute a death warrant?" one of them asked. The Drug War Chronicle notes that the police say "they sent in the SWAT team to lessen the possibility of violence. They did not explain why they thought a surprise attack on the home of an unsuspecting but presumably armed man would produce a nonviolent result."
[*As ed points out, the city is Sunrise, not Sunset, although the latter seems more fitting.]
Jennifer | August 13, 2005, 1:48pm | #
For those who say the SWAT guys deserve some sympathy, I"m not buying it at all. I don't even care if they thought they were acting in good faith.
I don't remember where I read this, but a writer from a previous generation pointed out that when people cause great harm through action or inaction which they believed to be harmless, what matters is not the sincerity of their beliefs, but whether they had a RIGHT to those beliefs, based on the evidence available.
The writer gave the following example: It's 17th century England. A man owns a boat used to ferry colonists across the Atlantic to settle in the New World. Now it's an old boat, and it hasn't had any maintenance or overhaul work done in awhile, and when a group of colonists rents the boat to make the crossing the man thinks maybe he should have some work done on the boat first. But that would be awfully expensive. And the man figures the boat's made a hundred crossings already with no troubles at all (so there's no reason to just assume there will be trouble now), and besides, a merciful God would not allow anything to happen to a boat filled with pious, innocent families and children out to found a city in the sight of God, right?
So when the boat sets out on its journey and goes down at sea with the loss of everyone on board, the man was as shocked as anybody, and pocketed his insurance check with a clear conscience. But though he felt free of guilt, the facts of the matter showed he had no right to such a feeling.
Previous posters in this thread have pointed out that this case got almost NO mention in the media. Very few Americans are aware of it. But you can bet that a lot of cops are. I'm sure it's made the cop-message boards mentioned by another poster here, the message boards where the cops earnestly and sincerely explain why Amadou Diallo really brought his fate upon himself.
So the SWAT team members no doubt knew more than most of us here about the disastrous history of SWAT team drug raids--the people killed for tiny amounts of drugs; the people killed who had no drugs at all, but the SWAT team got the address wrong; the children killed while the cops shot at their suspect parents--all of that. And that's why I don't CARE how sincere these SWAT team guys were. Even if they thought they were doing the right thing, they had no right to think that, based upon the evidence already available to them.
The only way I'll sympathize with any of these killers is if, upon reflection, they not only feel remorse for their actions but make public statements to the fact, pointing out that the number of times this SWAT stuff has backfired suggests that maybe it's not a good practice, however reasonable it may sound in theory. But I bet they all either keep their mouths shut or scramble to explain why really, they bear no responsibility for anything bad.