OFFICER IN FATAL '06 RAID GUILTY OF ONE CHARGE

Officer In Fatal '06 Raid Guilty Of One Charge

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.

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.