Daniel Castillo, Jr.
Radley Balko | February 15, 2007, 11:55pm
As I posted earlier, the 17-year-old Houston resident was shot to death Tuesday by a police SWAT team during a drug raid on his family's home. It's increasingly looking like yet another paramilitary drug raid gone horribly wrong.
The father of a 17-year-old killed by a police officer who was looking for drugs at his home said the shooting was unprovoked.
[...]
The elder Castillo said his son was awakened by the pleas of his 20-year-old sister, Ashley. When the younger Castillo turned toward Falks, he said, the officer shot him in the face.
"My son heard her say, 'Don't shoot.' He got up to see what was going on," the elder Castillo said.
The teen's sister was with her 1-year-old when Falks burst into the bedroom, the elder Castillo said.
[...]
Castillo said his son had no criminal record and was not selling drugs and that he fears the shooting will be ignored.
It's not online, but another version of the story from the Houston Chronicle accessed through Lexis contains the following passage:
Meanwhile, the state director of the League of United Latin American Citizens said Wednesday he will ask the FBI to investigate. Rick Dovalina said he spent Wednesday with the family and officials in Wharton to discuss the shooting.
Dovalina said he obtained a probable cause affidavit for the search warrant issued by Wharton County Justice of the Peace Jeanette Krenek. He said the task force seized no weapons or drugs at the scene.
Authorities aren't commenting.
Gray Ghost | February 16, 2007, 12:55pm | #
I am adding to the idea that I read Larry A. pointing out, in a much earlier thread
A policeman can make a mistake with a weapon that would earn us a long prison sentence, and suffer little to no consequence other than guilt. For a newspaper article in my area, Houston Texas, illustrating the trend, see http://www.chron.com/disp/story.mpl/special/04/shootings/2701187.html and
http://www.chron.com/disp/story.mpl/special/04/shootings/2698952.html
& my personal favorite, where an officer shot an unarmed 14-year in the back of the head while cuffing him, see http://www.talkleft.com/story/2005/01/21/999/89613
The officer was found guilty of negligent homicide, the jury recommended probation, the judge sentenced the officer to the maximum of 6 months in jail. You or I make that kind of mistake with a weapon, say while securing a burglar in your home, and I doubt the punishment would be as lenient. Frankly, living in Harris County, I was surprised to find that he was even indicted, much less convicted.
The leniency towards these negligent discharges is appalling. It provides little incentive to minimize risk to the general public. It encourages these very dangerous tactical raids, by the idea that the only things that matter in serving a warrant are the safety of the individual officers and the incremental greater likelihood of preserving evidence. (despite the numerous incidents of friendly fire during these raids.) Aside, have the ballistics reports come back in the Kathryn Johnson shooting in Atlanta? Have the police explained how one 92-yr old woman caused three wounds from one pistol shot, or as is more likely, did it turn out that the officers ended up shooting each other?
It perverts the ordinary idea in tort liability that we hold experts to a higher standard than the layperson. The only way these raids will stop happening so frequently is if they are either too expensive politically or financially. Radley is doing his best as far as the first goes. The rest of us, I think, can do more. Where I live, the District Attorney is an elected position. Send them a letter with your views. Let other candidates know that this is important to you, etc...
As far as the second goes, it won't change until cities and their police officers start feeling the damage in the pocketbook.
Look, I want the police to able to do the job that we and our legislators have given them. (Which actions should be crimes and therefore part of the police's job to restrict, is another topic entirely)
I just think that they can largely do it without having to kick in doors on scanty evidence and shoot unarmed people.
(Things to do today: learn html tagging...)