Three Former Atlanta Police Officers Sentenced to Federal Prison in Fatal Shooting of Elderly Atlanta Woman

David E. Nahmias, United States Attorney for the Northern District of Georgia; Loretta King, Acting Assistant Attorney General, Civil Rights Division, U.S. Department of Justice; and Gregory Jones, Special Agent in Charge, Federal Bureau of Investigation, announced that three former Atlanta Police Department (APD) officers were sentenced to prison today by Chief United States District Judge Julie E. Carnes on a charge of conspiracy to violate civil rights resulting in death, arising from the fatal police shooting of Kathryn Johnston, a 92-year old Atlanta woman, at her home during the execution of a search warrant obtained by the defendants based upon false information on November 21, 2006.

JASON R. SMITH, 36, of Oxford, Georgia, was sentenced to 10 years in federal prison. GREGG JUNNIER, 42, of Woodstock, Georgia, was sentenced to six years in federal prison. ARTHUR TESLER, 42, of Acworth, Georgia was sentenced to five years in federal prison. There is no parole in the federal system. Each defendant was also sentenced to serve three years of supervised release following his prison term, and collectively to pay $8,180 in restitution for the costs of Ms. Johnston’s funeral and burial.

In a brief news conference after the sentencing hearings, United States Attorney David E. Nahmias said in part, “As Atlanta police narcotics officers, these three defendants repeatedly failed to follow proper procedures and then lied under oath to obtain search warrants. Their routine violations of the Fourth Amendment led to the death of an innocent citizen. The death of Kathryn Johnson in a police shooting was a terrible tragedy for a law-abiding elderly woman, her family, and friends and our entire community. But as her family and others hoped, from this tragedy have come two positive results. First, it has led the Atlanta Police Department to implement useful reforms in training and supervision and to entirely revamp its Narcotics Unit, reducing the possibility of a similar tragedy in the future. Second, the significant prison sentences imposed by the Court today should send a strong message to other law enforcement officers who may be tempted to lie under oath or otherwise violate the law. Officers who think, as these defendants once did, that the ends justify the means or that ‘taking shortcuts' and telling lies will not be discovered and punished should realize that they are risking their careers and their liberty. And officers who try to obstruct justice when their misconduct faces exposure, rather than cooperating in the investigation, should realize that they will face even more severe punishment.”

In Washington D.C., Acting Assistant Attorney General Loretta King said, “The Justice Department is committed to vigorously prosecuting law enforcement officers who willfully disregard the Constitution and abuse their authority to violate the rights of others. This sort of unlawful behavior, resulting in Ms. Johnston's tragic death, undermines the efforts of law enforcement officers who honorably perform their duties.”

Gregory Jones, Special Agent in Charge, FBI Atlanta, said, “This is a sad day in the law enforcement community. Few crimes are as reprehensible as those committed by police officers who violate the very laws they have sworn to uphold. Our thoughts and prayers are with the Johnston family, and we hope today's sentencing helps bring closure to this tragedy. Further, we want the public to know the FBI will continue to pursue and bring to justice those who violate their oaths of office and the civil rights of others.”

JUNNIER and SMITH pleaded guilty to the federal civil rights conspiracy charge, as well as voluntary manslaughter and related state charges in Fulton County ( Georgia) Superior Court, on April 26, 2007. Pursuant to their plea agreements, they are scheduled to be sentenced in state court on March 5, 2009, to the same sentence imposed in federal court, with the sentences to be served concurrently. TESLER initially declined to plead guilty and was indicted in state court on charges of violation of oath of office by a public officer, false imprisonment and false statements. In 2008, TESLER was convicted at trial in state court on the false statement charges, but that conviction has been reversed on appeal. Following the state trial, federal authorities re-evaluated TESLER’S case, conducted further investigation, and determined that federal prosecution of TESLER was appropriate. TESLER pleaded guilty to the federal charge on October 30, 2008.

JUNNIER began cooperating truthfully with authorities shortly after the federal investigation began and provided valuable assistance in the investigation and prosecution of SMITH and TESLER. Additionally, JUNNIER’S cooperation led to guilty pleas to federal charges by two additional APD officers, including a separate civil rights offense committed by the sergeant who commanded the narcotics team involved in the shooting. SMITH cooperated to a more limited extent. Both former officers provided information relevant to a broader FBI investigation of misconduct by APD narcotics and other officers, which culminated in a report provided by the FBI to APD Chief Richard Pennington in October 2008 for consideration of potential administrative discipline against other APD officers. As a result of their cooperation, the Court reduced JUNNIER’s sentence by 40 percent and SMITH’s sentence by 20 percent. TESLER did not provide substantial assistance in the investigation and received no sentence reduction on that ground, although his sentence was reduced based on his lesser role in the conspiracy.

The facts and other details regarding the case are set forth in the government’s Sentencing Memorandum attached to this release. (NEWS MEDIA NOTE: additional copies of the Sentencing Memorandum are available upon request.)

This case was investigated by special agents of the Federal Bureau of Investigation.

Assistant United States Attorney Jon-Peter Kelly, United States Attorney David E. Nahmias, and Department of Justice Civil Rights Division Special Litigation Counsel Paige M. Fitzgerald prosecuted the case.

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UGA Law Professor Says O.J. Simpson Sentence is Fair

According to nationally-recognized trial law expert and University of Georgia law professor Ronald L. Carlson, after today’s sentencing in the kidnapping and armed robbery case in Las Vegas, many will say that O.J. Simpson’s punishment was excessive, as a make-up for his earlier homicide acquittal.

“Simpson’s defense team says the justice system is punishing him for the Los Angeles murders. Nothing could be further from the truth.

“[Clark County District Court] Judge [Jackie] Glass undercut the recommendation which had been made by the court’s parole service, a recommendation of 18 years. Doubtless, those parole officials were moved to advocate a stiff sentence by what Judge Glass described as O.J.’s arrogance. The lack of remorse for an armed attack on hotel room occupants understandably undermines a plea for leniency.

“O.J.’s professed sorrow apparently first surfaced at the sentencing hearing earlier today.

“Appeals will be next but, for the moment, it appears justice was done.

“When O.J. maintained there were no guns displayed in the retrieval of property at the Palace Station Hotel, a denial which was rebutted when several witnesses saw the weapons, his credibility was hopelessly comprised.”

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Black Mafia Family Sentencing

A federal judge has sentenced 10 of the 16 defendants indicted for their participation in the cocaine distribution activities of the “Black Mafia Family” (BMF), a violent drug gang that has been the focus of federal prosecution in Atlanta, Detroit, Los Angeles, Louisville, Orlando, and elsewhere.

United States Attorney David E. Nahmias said, “These sentencings help bring to a close the Justice Department’s successful dismantling of the Black Mafia Family, a coast-to-coast drug empire once so brash and powerful that it purchased freeway billboards proclaiming that the world was theirs. Their ‘world’ – one built on illegal drugs and gun violence – has crumbled, thanks to the hard work of many law enforcement agents and prosecutors. Now all that is left for the BMF criminals is prison time.”

SAC Rodney G. Benson of the DEA Atlanta Field Division said, “The government has successfully dismantled a violent and notorious drug trafficking organization. The Black Mafia Family wreaked havoc from coast to coast by distributing cocaine and leaving a destructive path of violence along the way without regard for public safety. Their bold image once propelled them into the media spotlight. Today they are again in the spotlight, this time for the right reason. These defendants are deserving of the sentences that were handed down today. Through the concerted efforts of our federal, state and local law enforcement counterparts, we were able to successfully investigate, prosecute and remove these violent criminals from the street.”

The defendants sentenced yesterday and today, and their terms of incarceration, are:

•DIONNE E. BEVERLY, 36, of Hurricane, West Virginia, 10 years in federal prison, to be followed by 5 years of supervised release;

•LAMAR K. FIELDS, 40, of Atlanta, 5 years, 10 months in federal prison to be followed by 5 years of supervised release;

•DERON HALL, 32, of St. Louis, Missouri, 7 years, 6 months in federal prison to be followed by 5 years of supervised release;

•VICTOR D. HAMMONDS, 44, of Conyers, Georgia, 4 years in federal prison to be followed by 5 years of supervised release;

•BARIMA P. McKNIGHT, 30, of Las Vegas, Nevada, 5 years, 4 months in federal prison to be followed by 5 years of supervised release;

•JAMAL S. MITCHELL, 39, of East Orange, New Jersey, 5 years, 3 months in federal prison to be followed by 5 years of supervised release;

•FRANKLIN D. NASH, 57, of Decatur, Georgia, 6 months to be served in a halfway house; •DERREK Q. PITTS, 34, of East Orange, New Jersey 16 years, 8 months in federal prison to be followed by 5 years of supervised release;

•BRYANT SHAW, 28, of Atlanta 10 years in federal prison to be followed by 5 years of supervised release; and

•DARRYL C. TAYLOR, 48, of Rex, Georgia, 7 years, 3 months in federal prison to be followed by 5 years of supervised release.

According to Nahmias, court records, and other publicly-available information: The defendants were members or associates of the Black Mafia Family, a nationwide gang that distributed thousands of kilograms of cocaine during 2002-2005. Federal authorities first struck a blow against the BMF in October 2005 with multi-defendant cocaine conspiracy indictments returned in Detroit, Louisville, and Orlando. Dozens of other defendants were subsequently arrested as a result of related BMF investigations in Los Angeles, St. Louis, and Greenville, South Carolina. In the Atlanta case, 16 defendants were indicted in July 2007. The lone Atlanta defendant who went to trial, FLEMING DANIELS, 36, of Roswell, Georgia, was convicted and is scheduled to be sentenced next month. One defendant in the case, VERNON M. COLEMAN a/k/a “Woo,” 32, of the Atlanta area, remains a fugitive.

At its peak during 2003-2004, the BMF was moving hundreds of kilograms of cocaine into Atlanta, Detroit, and other distribution hubs every month. The drugs would arrive in vehicles – often limousines – with secret compartments or “traps.” These same trap vehicles would then be filled with cash (the proceeds from drug sales) to be sent back to the Mexican sources of supply.

Along with these massive amounts of cocaine, the BMF brought violence to the streets of Atlanta. In one incident, Rashannibal Drummond, 23, was beaten, shot and killed in the parking lot of the Midtown club Velvet Room during the early morning hours of July 25, 2004. The murder was the culmination of a one-sided brawl that was alleged to have been precipitated when the unarmed Drummond slapped one of the BMF's prized luxury vehicles to alert its driver not to back over him. Defendant FLEMING DANIELS has been indicted in Fulton County for that murder.

DEMETRIUS FLENORY and much of the BMF fled Atlanta in late November 2004 after an expensive BMF drug stash house in northwest Atlanta was raided by Atlanta Police and DEA agents. Although no arrests occurred at the unoccupied house, officers discovered three firearms, fictitious identifications, BMF paraphernalia, and marijuana. They also confiscated two vehicles, including a 2003 Hummer H2 stretch limousine that was suspected to have been used by the BMF as a drug transport vehicle. A search of the limo produced no contraband; the vehicle was later forfeited and sold at public auction. Subsequently, agents received a tip that the Hummer limousine contained concealed compartments that had not been discovered during the previous search. In August 2008, agents re-located the limousine, which was then in the possession of its fourth innocent owner since its sale by the government in November 2005.

With federal search warrant in hand, agents again searched the limousine, finally discovering the compartments, or “traps,” and removing from them seven semi-automatic firearms and nearly $900,000 in cash, believed to be proceeds from one of the BMF's last major cocaine transactions.

DEMETRIUS FLENORY and his brother and co-leader of the BMF, TERRY LEE FLENORY, 38, were named in the cocaine and money laundering indictment issued in Detroit. Both were convicted and sentenced last month to 30-year prison terms.

This case was investigated by Special Agents from the Drug Enforcement Administration, assisted by the United States Marshals Service; the Internal Revenue Service; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Federal Bureau of Investigation; the Atlanta High Intensity Drug Trafficking Area Task Force; the Tennessee Department of Safety; the Atlanta Police Department; the DeKalb County Police Department; and the Henry County Police Department.

Assistant United States Attorneys Cassandra Schansman and Robert McBurney prosecuted the case.

The U.S. Attorney's Office in Atlanta recommends parents and children learn about the dangers of drugs at www.justthinktwice.com.

For further information please contact United States Attorney Nahmias, or Charysse L. Alexander, Executive Assistant United States Attorney, through Patrick Crosby, Public Affairs Officer, U.S. Attorney's Office, at (404) 581-6016. The Internet address for the home page for the U.S. Attorney's Office for the Northern District of Georgia is www.usdoj.gov/usao/gan.

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Former Clayton County Police Officer Sentenced for Sending Obscene Matter on the Internet

CASEY AUSTIN CARMICHAEL, 29, of Peachtree City, Georgia, was sentenced October 16, 2008, by United States District Judge Willis B. Hunt, Jr, on a charge of attempting to transfer obscene matter over the internet to a person under 16 years old.

United States Attorney David E. Nahmias said of today’s sentencing, “As a police officer, this defendant abused the public’s trust and his police computer to do the exact opposite of what he was supposed to do. Instead of fighting crime and arresting those who would do harm to our children and our community, he became a criminal and a threat to children.”

CARMICHAEL was sentenced to 2 years, 9 months in prison to be followed by 3 years of supervised release. There is no parole in the federal system. CARMICHAEL pleaded guilty to the charge on August 14, 2008.

According to United States Attorney Nahmias and the information presented in court: In September 2007, CARMICHAEL, while on duty as a Patrolman with the Clayton County Police Department, used his Department-issued computer to transfer obscene materials to a person CARMICHAEL believed to be girl under 16 years of age. CARMICHAEL had contacted her in a “chat room” on the Internet, and had conversations with her relating to obscene materials over several days while on duty as a Patrolman. The underage “girl” was actually an FBI Agent working undercover with the Safe Child Task Force. CARMICHAEL was dismissed from the Clayton County Police Department upon his indictment in this case.

This case was investigated by Special Agents of the FBI and its Safe Child Task Force.

Assistant United States Attorney David E. McClernan prosecuted the case.

This case was brought as part of Project Safe Childhood. In February 2006, the Attorney General launched Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney's Offices around the country, Project Safe Childhood marshals federal, state and local resources to apprehend and prosecute individuals who exploit children via the Internet. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

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Ron Sailor Jr Sentenced to Over 5 Years on Federal Charges

Walter Ronnie ("Ron") Sailor, Jr, 33, of Norcross, Georgia, was sentenced September 17, 2008, by United States District Judge Jack T. Camp on charges of money laundering and wire fraud.

Sailor was sentenced to 5 years, 3 months in federal prison, to be followed by 5 years of supervised release and also ordered to perform 240 hours of community service. Sailor also was ordered to forfeit all of the property involved and traceable to his crimes, at least $181,802.24.

Read the whole story.

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Two Men Sentenced for Making False Bomb Threat to CDC

QUANTAVIOUS GREENE, 28, of Jackson, Georgia, and ELIJAH CHANDLER, 21, of College Park, were sentenced today (July 16, 2008) by United States District Judge Orinda D. Evans on charges of aiding and abetting one another in using the telephone to call in a false bomb threat to the Atlanta-based Centers for Disease Control (CDC) and later making false statements to FBI agents regarding the call.

United States Attorney David E. Nahmias said of the case, “Bomb threats, whether real or false, cause untold costs to the community in terms of law enforcement response, lost working hours, and fear. Anyone who may be inclined to make a bomb threat on a whim should understand that we take those threats very seriously no matter the motivation. One of these defendants wanted to get off work early. Now he and his codefendant are going to federal prison.”

GREENE was sentenced to 4 months in federal prison to be followed by 3 years of supervised release. GREENE pleaded guilty to the charges on November 15, 2007. CHANDLER was sentenced to 6 months in federal prison to be followed by 3 years of supervised release. CHANDLER pleaded guilty to the charges on January 25, 2008.

According to United States Attorney Nahmias and the information presented in court: On April 14, 2006, the CDC Office in Atlanta received a telephone call from a blocked telephone number. The caller stated that a bomb had been placed in the building and identified himself using the name of a former employee of the CDC who had been fired. DeKalb County Police responded and searched the building, but did not find any explosive devices. On the date the call was made, ELIJAH CHANDLER was employed by the CDC as a contract worker. Through a lengthy investigation, FBI agents determined that the former employee whose name was given by the caller did not make the call. Ultimately, the investigation led to GREENE and CHANDLER, both of whom at first gave false statements to the agents about their knowledge of the telephone call and telephone number used. The false statements further impeded the investigation. GREENE later confessed to making the call, stating that CHANDLER urged him to do so so that CHANDLER could leave work early.

This case was investigated by Special Agents of the Federal Bureau of Investigation.

Assistant United States Attorney Katherine Monahan Hoffer prosecuted the case.