In their first interview since learning the police officers involved in the botched drug raid that disfigured their 19-month-old son would not face criminal charges, parents Bounkham and Alecia Phonesavanh say the Habersham County grand jury sidestepped justice in favor of protecting their own.
“It does feel like (grand jurors) would much rather side with people that they know, even knowing that the criminal negligence is clear on their behalf, compared to an innocent family that was taking care of its kids,” said Alecia Phonesavanh, whose son Bounkham, or “Bou Bou,” suffered severe wounds to his face and chest and possible brain damage after a flash-bang grenade, tossed by a Habersham SWAT officer executing a no-knock warrant, landed in his playpen.
The decision by the grand jury not to prosecute the officers involved in the planning and execution of the raid was roundly criticized by some legal observers who noted the ruling seemed to contradict their findings. Jurors called the drug investigation by the recently disbanded Mountain Judicial Narcotics Criminal Investigation and Suppression Team "hurried and sloppy," singling out the case agent who secured the no-knock warrant while also calling for better training and enhanced supervision.
But The Atlanta Journal-Constitution has learned that the agent — who resigned under pressure and surrendered her Peace Officer Certification, prohibiting her from writing warrants or making arrests again — may still face criminal charges from federal prosecutors.
Davis will meet Tuesday with U.S. Attorney Sally Quillian Yates, who said in a statement last week that federal authorities have been following the investigation by state and local authorities and “will review the matter for possible federal charges.”
Sources close to the investigation tell the AJC that the case agent, whose name is being withheld due to death threats she has received, is likely to be charged with civil rights violations. She 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 grand jury, in their presentment, wrote that the case agent’s dismissal “was ultimately more fitting of the circumstance and more appropriate than criminal charges and potential jail time.”
“We’re angry and sad and hurt and can’t really do anything about it,” Bounkham Phonesavanh said.
Their disappointment was compounded by the jurors’ claim that their four children “were in danger from the moment they moved into the residence,” adding that the Phonesavanhs “had some degree of knowledge concerning family members involved in criminal activity that came in and out of the residence.”
But the Phonesavanhs, who moved in with Bounkham’s sister in Cornelia six weeks earlier after a fire gutted their home in Janesville, Wisconsin, said they rarely saw Thonetheva and didn’t suspect he was engaging in illegal activity until the day before the raid. They were planning to return to Wisconsin that week and had just rented a U-Haul, their attorney said.
“(Thonetheva) didn’t live there,” Alecia Phonesavanh said. “His mom had made it clear to us he wasn’t allowed over there because he had stolen some of her stuff before.”
“It was not a drug house. That’s why they didn’t find anything,” she said.
Now back in Wisconsin, the family is struggling to survive financially. Bou Bou’s medical bills have already topped $1 million and he still faces surgeries every two years until his body stops developing to repair damaged nerve endings in his chest and face, according to his mother. It’s still too soon to determine the extent of any brain damage.
Her three daughters, ages 3 through 8, still have nightmares routinely and are undergoing counseling, said Alecia Phonesavanh, a nurse who works with the developmentally disabled. Her husband is unable to work due to a torn rotator cuff he said he suffered after being placed in a choke-hold by one of the SWAT officers.
“Nobody in this house ever sleeps,” she said.
About the Author
