Local civil rights leaders on Friday said nothing short of criminal prosecution will be acceptable for those who planned and carried out a botched drug raid that left a toddler in Habersham County seriously injured.
“It is obvious criminal charges are warranted in this case,” said State Sen. Vincent Fort (D-Atlanta).
The late May raid by a Habersham County Special Response Team, composed of sheriff’s deputies and Cornelia police officers, came after the alleged purchase of $50 worth of methamphetamine from Wanis Thonetheva. Officers said Thonetheva sold the drugs from his mother’s home. A no-knock warrant was obtained for the house and, before going inside, a flash grenade was lobbed through a window and accidentally into the playpen of 19-month old Bounkham “Bou Bou” Phonesavanh. The child sustained a brain injury and collapsed lung. His nose was also detached from his face when the device exploded.
Thonetheva — who has since pleaded guilty to selling the meth to an undercover officer — insists he did not live at the residence where the raid occurred and that the purchase was made in the driveway of the home, said Mawuli Davis, attorney for the Phonesavanh family. The Phonesavanhs and their four children were staying there temporarily after their home in Wisconsin was destroyed by fire.
Davis said the warrant, prepared by the Mountain Judicial Circuit Narcotics Criminal Investigation and Suppression Team, contained “material errors and false statements” that led the special response team to use excessive force.
According to the incident report, one of the deputies who participated in the raid said the decision to use the diversionary grenade was made in advance “due to the violent history of Wanis Thonetheva and the stated possibility of weapons on scene.” And in a briefing before the raid, deputies were advised to expect two armed guards to be stationed on the outside of the home and several adults — and no children — inside, according to the report.
“There were no weapons. There were no drugs inside that home,” Davis said. “That information formed the entire basis for this team to come in as they did.”
Last week, the GBI turned over its report on the incident to Brian Rickman, district attorney for the Mountain Judicial Circuit. A spokeswoman said the agency would have no comment on its findings.
“There are all sorts of scenarios,” Rickman told The Atlanta Journal-Constitution on Monday. “We have to see if there’s any evidence that there was a violation of Georgia law.”
He anticipated his review of the GBI report would take anywhere from four to eight weeks.
“Our position, in addition to the individual who threw the grenade without looking, is the individuals who made the false statements should also be prosecuted,” Davis said.
The sheriff’s office has declined comment, citing the ongoing investigation. The U.S. Attorney’s Office is also reviewing the raid but has yet to release its findings.
Bou Bou is back in Wisconsin with his family. Family spokesman Marcus Coleman said he needs numerous additional surgeries.
About the Author
