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News (Media Awareness Project) - US GA: City to Pay Slain Woman's Family $4.9 Million
Title:US GA: City to Pay Slain Woman's Family $4.9 Million
Published On:2010-08-17
Source:Atlanta Journal-Constitution (GA)
Fetched On:2010-08-18 03:02:18
CITY TO PAY SLAIN WOMAN'S FAMILY $4.9 MILLION

One of the most divisive chapters in the history of the Atlanta
Police Department has come to a close.

Four years after rogue APD narcotics officers killed 92-year-old
Kathryn Johnston during an illegal raid of her home, Atlanta Mayor
Kasim Reed has offered her family a $4.9 million settlement.

Under the structure of the settlement the estate, represented by
Johnston's niece Sarah C. Dozier, will get $3 million immediately and
another $1.9 million in fiscal year 2012.

"Clearly a terrible wrong was committed in this tragic case. In the
end, the city was forced to step up and right this wrong, as well as
can be under our system of laws," said Nicholas Moraitakis, an
attorney for Dozier. "It is always gratifying to be on the side
seeking and receiving justice."

Markel Hutchins, a spokesman for the family, said he spoke with
Dozier on Monday, but added that she would not be commenting. Her
attorneys from The Cochran Firm confirmed that and held a press
conference Monday after the council voted 14-0 to settle the case.

Reed said the resolution of the case is an important healing step for
the city and the police department, which was nearly ripped apart
because of the shooting.

"As a result of the incident, several police officers were indicted
in federal and state court on charges and were later convicted and
sentenced for their actions," said Reed, adding that the Narcotics
Unit has been totally reorganized.

Johnston was killed in November 2006 when a police drug unit tried to
execute a "no-knock" warrant on her home, using information provided
by an informant who claimed he had purchased drugs at from the home.
After officers kicked in the door, the elderly Johnston reached for a
gun and fired one shot. Police returned fire, killing her. No drugs
were found, and officers planted drugs in the home that had been
recovered from a different raid.

After an extensive local and federal probe, three officers -- Arthur
Tessler, Gregg Junnier and Jason R. Smith -- pleaded guilty and were
sentenced to federal prison for conspiring to violate Johnston's civil rights.

In June 2009, a fourth officer, Wilbert Stallings, a former sergeant,
also pleaded guilty to conspiring to violate Johnson's civil rights
and was sentenced to 18 months in federal prison. A fifth officer,
Daniel Betts, pleaded guilty to taking payments from businesses in
exchange for extra police vigilance and was sentenced to probation.

This past June, two Atlanta police officers involved in the shooting
were fired by new police chief George Turner after an internal
investigation found they lied and falsified documents; another
officer resigned and six more were disciplined.

Turner, who was officially ratified as police chief Monday in a 13-0
council vote, said the settlement allows the department to focus on
rebuilding trust in high-crime neighborhoods where residents both
often distrust the police and need the most protection.

Councilwoman Felicia Moore told Turner Monday that she questioned
whether he could reform the department's culture of silence regarding
police wrongdoing that the Johnston case unveiled because he was a
product of that culture.

"That culture needs to change," she said.

Turner responded that he had had already began to reform the Office
of Professional Standards to make it more accountable.

"Since being in this role, I have terminated nine employees,
specifically those employees who have not lived up to the standards,"
Turner said during a committee on council meeting Monday morning.

In an interview with The Atlanta Journal-Constitution, Turner said
that complaints that arrest quotas drove the wrongdoing in the
Johnston case were invalid. He acknowledged that the department
evaluates officers in part on the number of arrests but said that was
only part of the evaluation.

"Quotas are against state law and federal law," he said. "People want
an police force that is accountable, that has high integrity and that
gives a good day's work.....You don't have to set quotas in a
community with the crime rate that we have in the city."

In a strange twist Monday at City Hall, just hours after Reed's
announcement four groups representing different aspects of the
English Avenue area were honored for the work they are doing in the community.

"The tragedy was a horrific tragedy that does call for a monetary
award of some significance," said John Gordon, the founder of Friends
of English. "My recommendation to our city fathers is that they avoid
similar awards in the future by fixing the inadequacies that we have
in the police department. We receive too many calls and get too many
complaints. The accountability is still not there yet."

The Rev. Anthony Motley, whose church Lindsay Street Baptist Church
became a rallying point in the wake of the Johnston shooting, called
her the "patron saint" of the community.

"No amount of money can ever be a satisfactory replacement for a
loved one. But, if it is a satisfactory representation for the
family, if it represents a dignified atonement for the death, then
that is all that matters," Motley said.

This is the second time in less than a month that the city has been
on the short end of a multi-million legal matter. In July, the city
lost a six-year legal battle over an airport advertising contract.

A federal jury awarded Corey Airport Services $8.5 million in
compensatory damages to be split among several defendants. Atlanta,
which is appealing the verdict would have to pay around $2.8 million.
If the city ultimately has to pay the Corey settlement the money
would come out of the airport's enterprise fund.

Acting city attorney Peter Andrews said the Johnston payment comes
from monies set aside in the general fund to address lawsuits.

As of Aug. 11, the city had 312 open legal matters it was dealing
with ranging from the Johnston suit to slip and falls.

"As a lawyer, I understand that lawsuits are going to happen. We just
have to be prepared to manage them," said City Council President
Ceasar Mitchell. "I am glad we have the opportunity to bring as much
to head and closure as possible, because litigations can linger and
become toxic. The fact that Corey went to trail and we settled this
shows a level of progress."
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