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Kathryn Johnston's death
Ex-cop not guilty in fatal shootingTesler was found guilty of lying to investigators
The Atlanta Journal-Constitution
Published on: 05/20/08
Arthur Bruce Tesler's acquittal on two of three charges Tuesday may have spared him a long prison term for his role in the killing of a 92-year-old woman — but a spectator at his trial said the Almighty would have the last word.
"I put it all in God's hands," said Esther Woltz as she waited on the Fulton County jury's verdict for the Atlanta police detective.
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| Kathryn Johnston | |||||
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| Atlanta Det. Arthur Bruce Tesler | |||||
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The jury acquitted Tesler on two charges from the illegal 2006 narcotics raid in which officers shot and killed Kathryn Johnston in her northwest Atlanta home. It found him guilty of lying in an official investigation in the cover-up of police wrongdoing that followed the shooting.
"It is not like anyone intended to hurt her, but that's what came out of it," Woltz said. "Right will win out."
Tesler, 42, faces up to five years in prison when sentenced Thursday. If he had been convicted on all counts, he could have been sentenced to 20 years in prison.
The verdict came shortly after the jury reviewed a transcript of Tesler's defense testimony. He and his two partners were accused of lying to get the no-knock search warrant for Johnston's home on the mistaken belief it was the house of a drug dealer.
The Johnston killing shocked metro Atlanta and enraged many in the African-American community, who complained that shoddy or heavy-handed police work in the war on drugs was a source of repeated abuses.
After the verdict, state Sen. Vincent Fort (D-Atlanta) struggled to contain his anger. He contended Tesler — who was not charged with homicide — was as responsible for Johnston's death as his two partners, who both pleaded guilty to voluntary manslaughter.
"He has much blood on his hands, and he is now in custody where he ought to be," Fort said. "No matter how much time he spends in jail, he will have to live with himself."
Tesler's family declined to comment after the verdict.
Jury foreman Steve Burrows said jurors had worked diligently to reach verdicts on all three counts since Thursday, when they received the case.
"We were a panel of people who worked very hard to come to consensus," he said.
Tesler was charged with violating his oath of office, lying in an official investigation and falsely imprisoning Johnston, who was shot in her home after she fired a revolver at plainclothes officers as they burst into the house on Nov. 21, 2006.
His two partners, Gregg Junnier and Jason R. Smith, who were charged with murder in the case, pleaded guilty earlier to voluntary manslaughter and to federal civil rights violations. Unlike Smith and Junnier, Tesler was stationed at the rear of the house. Tesler testified that he fired no shots. Junnier and Smith, who entered plea bargains, face up to 10 and 12 years, respectively, on the state charges and on federal civil rights violations.
Tesler testified he did not know that Smith lied to a judge to get a no-knock search warrant for the house on Neal Street. The detectives said they had been told a kilo of cocaine was hidden in the house.
Instead, Smith planted drugs in the house after the officers killed Johnston, according to testimony.
Tesler, a new officer in the narcotics division, testified he participated in the cover-up of the illegal warrant because he feared for his safety from his partners and he feared being labeled a "rat" if he informed on them.
Tesler's lawyer, William McKenney, acknowledged the jury would have had trouble acquitting his client of charges he lied in an official investigation because Tesler had told the FBI an elaborate cover story in a taped interview.
"We admitted he did not tell the truth to the FBI," McKenney said. "The issue was whether they felt he was coerced into making a false statement."
The Rev. Markel Hutchins, who pushed for a federal investigation of the killing, said even the partial victory was distinctive because the jurors had decided to hold a police officer accountable.
"Police officers are typically not convicted by juries even when they kill innocent people," Hutchins said. "So we think this is some measure of justice."
District Attorney Paul Howard said the verdict showed the community wouldn't overlook police wrongdoing and expected police officers to follow the law when enforcing it.
"One of the things we hope that people in the community realize is that it doesn't make a difference if you commit a crime in Fulton County — whether you are a police officer or a citizen — you will be held accountable," Howard said.
Some Neal Street residents near Johnston's house expressed outrage at the verdict.
"There's a lot of people down here who have lost their respect for the police," said Marie Thomas, 36. "This verdict is a slap in the face. If they're going to get away with it this time, they'll do it again."
Police Chief Richard Pennington responded to the verdict at news conference announcing results of the new narcotics unit's first major operation since it was disbanded and rebuilt after the Johnston shooting.
"I think the jury has spoken," Pennington said. "He [Tesler] has been given an opportunity to go before his peers, in terms of a trial by jury."
Pennington said police had prepared for any outbreak of "civil unrest" that might erupt because of anger at the verdict. There appeared to be a heavy police presence in the Neal Street neighborhood Tuesday evening.
Pennington's absence at the trial was noted by spectators. "I'm surprised Pennington isn't here," Woltz said.
Atlanta Mayor Shirley Franklin was at a conference in Las Vegas on Tuesday and could not be reached for comment.
Hutchins, a spokesman for Johnston's family, said Atlanta has a better Police Department because of the case. He contended no-knock warrants aren't being issued so easily and that supervisors are being scrutinized to ensure they followed policies.
He said the superiors of the three officers also should have been held accountable. He noted testimony in the trial from Junnier, Tesler's partner, that the head of the narcotics division adopted a see-no-evil, hear-no-evil approach to supervision and the sergeant over the unit told the three men to adopt a story and stick to it after the botched raid.
"We will continue to push for criminal prosecution for those who turn their heads," he said. "We certainly hope that this is not over."
Lou Arcangeli, a former APD deputy chief, blamed the department for allowing lax or conniving supervisors for creating a culture where officers felt free to circumvent the law.
He said Johnston's death could have been avoided if the department had demanded that officers followed strict procedures in making arrests rather than reaching monthly arrest quotas. "Tesler has my sympathy, but he made some bad choices," said Arcangeli, who watched the verdict. "If he had a tough sergeant, would any of this have happened?"
Sgt. Scott Kreher, a police union leader, said the department has been waiting for the criminal case to be over to launch its internal investigation of supervisor culpability.
"Of course the administrative charges haven't been brought yet," Kreher said. "It will be interesting to see where those charges go."
Staff writers Eric Stirgus, Christian Boone, Tim Eberly and Ken Sugiura contributed to this article.
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Comments
By Ken Bradshaw
Aug 29, 2008 4:55 PM | Link to this
Lets not judge all, by a few, however, I personally know about the "Thin Blue Line" and it is real. Also there are qlicks in the Police Departments and the supervisors know this but still nothing is done to curb this type of activity...
By Blkshepherd
May 30, 2008 9:05 AM | Link to this
Karma is a &^!
My moms is now 94 she was the same age as Ms Johnston. Had that been my mother I will tell you now had that been my mother I would not give one ratz azz about what anyone has to say. OK. he got four or five years. How many other victims have died because of crooked police? Right now the city should be held liable and sued for millions which is exactly what the family should do so that it sends a clear message that You can not lie on people just to get an arrest for drugs.
Karma. each of all those involved it will come back in one form or another. Recently a sheriff deputy and her two daughters got taken out by guess who? her own son. Not saying that sheriff deputy got what she deserved but, hmm just perhaps some where in her 7yr-10 career..just maybe she did something to some one that wasnt warranted. Even if we ourselves dont get harmed, what about someone close to us that we love dearly. Think about it before you do wrong to anyone. It always always comes back.
By Old Lawman
May 23, 2008 1:42 PM | Link to this
As a long time APD Detective I can tell you this....Det. Tesler is deserving of prison time. And yes I think he did deserve a harsher sentence than the average citizen. But, the sentence of 4.5 years and 6 months on probation is the maximum sentence he could've gotten on the charge he was CONVICTED on. And yes he may still face Federal Civil Rights charges too.
Lest we forget. Didn't NFL player Ray Lewis get a short probation term for the same charge (Making False Statements) involving the killing of two people by friends of his in Buckhead?
By Karen
May 23, 2008 7:05 AM | Link to this
The jurors must live with their decision but I don't know how they will live with themselves for being so careless. I hope they nor their family ever has to live through this tragedy. Tesler took an oath and he willingly violated that oath yet this compasionate jury found him not guilty. SHAME ON THEM!
By lucy
May 22, 2008 7:02 AM | Link to this
Karen--you do encounter the need for police every day. One day without the APD would be complete chaos and anarchy. Just look at the looting that happens after a natural disaster, when the police are busy rescuing people from danger.
I agree that there are some police people that are cocky and on a power trip and there will always be a few corrupt officers. But that does not make them all bad. There are dedicated police officers that we could not live our relatively safe, peaceful and free lives without.
By Lucy
May 21, 2008 11:19 PM | Link to this
JD--re-read the first paragraph of my previous comment. I said that it was a very big deal and the officers were not doing there job--what they did was criminal and by the way, ND, there are 3 people doing time for Kathryn Johnson's death, so you can remove that from your list.
DRH--do you mean police went into the wrong house in a nice nieghborhood? Was it a white neighborhood? Seems that would ruin your theory that these things only happen in black neighborhoods.
If black cops, as you say, are taught to profile blacks for crime, why do you think that is? Are blacks committing most of the crimes in certain areas? I guess that is more of the white man keeping the black man down.
By Karen
May 21, 2008 11:01 PM | Link to this
I'm afraid of all police officers--their race doesn't matter. I think the police departments attract bullies plus officers are under pressure to get results. All of this means an abuse of power toward citizens. May I never encounter or have a need for the police!
By ND
May 21, 2008 4:06 PM | Link to this
Kathryn Johnson, Timothy Stansberry, Sean Bell, Amadou Diallo, the list goes on... and nobody's serving time for those murders.
By DRH
May 21, 2008 3:57 PM | Link to this
And Boxer, it was ONE of YOUR people WHO LIED TO A JUDGE to get the WARRANT. Funny how everyone wants to play so ethical after the unethical event happens. This was not the first time APD lied to get a warrant or even went into the wrong house. One of the cases happened a nice neighborhood, check the AJC archives from 2007 for yourself. But then again you stupid hick, facts dont matter. Its's always the black mans fault. Sorry, it aint 1940 anymore bud.
By JD
May 21, 2008 3:56 PM | Link to this
Lucy..................You said all that and you haven't said much of anything. You talk as if the police were just doing there job when they barged in an old ladies home and shot her 39 times! Do not patronize our intelligence, because if the roles were reversed and that had been a 92 year old WHITE woman, those officers would be looking at hard time. You and the rest of society knows that there are two sets of laws in our country. White laws and black laws....and for your information black cops are instructed and trained to profile blacks all time, so it doesn't make a difference what color the officer is.
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