Pubdate: Wed, 15 Oct 2014
Source: Atlanta Journal-Constitution (GA)
Copyright: 2014 The Atlanta Journal-Constitution
Contact:  http://www.ajc.com/
Details: http://www.mapinc.org/media/28
Author: Christian Boone
Bookmark: Article was in Wed Print edition

FEDS EYE OFFICERS IN BOTCHED DRUG RAID, BUT CHALLENGES REMAIN

Federal prosecutors on Tuesday indicated they were disappointed
criminal charges were not brought against any of the officers involved
in the botched drug raid that left a toddler disfigured.

But remedying that decision won't be easy for U.S. Attorney Sally
Quillian Yates, who faces a much higher threshold than that required
on the state and local level.

"You have to show the person knowingly or willfully did what they
did," said former assistant U.S. Attorney Buddy Parker. "You'd
essentially have to develop evidence that these were rogue cops at
work."

Proving gross negligence or reckless conduct is not enough, Parker
said.

Nineteen-month-old Bounkham "Bou Bou" Phonesavanh sustained severe
injuries to his face and chest, along with possible brain damage,
after a stun grenade deployed during the May raid landed in his
playpen. A Habersham grand jury criticized the drug investigation,
calling it "hurried and sloppy," but ruled charges were unnecessary
since three of the principal figures had either resigned or been demoted.

Mawuli Davis, lawyer for Bou Bou's parents, Bounkham and Alecia
Phonesavanh, met with Yates Tuesday and emerged hopeful but realistic
about the possibility federal civil rights violations would be brought
against any of the officers.

"We were given no timetable, just reassurance that they are looking
into it," said Davis, adding she told him she was disappointed with
the grand jury's decision.

Robert Page, spokesman for the U.S. Attorney, declined
comment.

The Atlanta Journal-Constitution has learned federal prosecutors are
focusing on the case agent who had warned the SWAT team that executed
the raid to expect armed guards, a cache of weapons and drugs in the
home of a relative where the Phonesavanhs were staying. Deputies found
neither guns, narcotics or the suspect, Wanis Thonetheva, who was
arrested later the day without incident.

The case agent, whose name is being withheld due to death threats she
has received, has since resigned.

State Sen. Vincent Fort, D-Atlanta, who attended Tuesday's meeting
with Yates, said the U.S. Attorney needs to send a message.

"If this office doesn't [prosecute], it's more likely something like
this will happen again," Fort said.
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