CASE THROWN OUT

NEW YORK- A federal judge has thrown out a manslaughter case against a
Drug Enforcement Administration agent who fatally shot an unarmed drug
suspect in the back, calling it an "ill-advised prosecution."

The agent, Jude Tanella, "demonstrated restraint, sound judgement and
courage in the proper exercise of his sworn duty to protect the
public," U.S. District Judge Nickolas Garaufis wrote in a 35 page
decision issued Wednesday in Brooklyn.

The rare manslaughter case against a veteran agent had outraged DEA
officials, who said Tanella acted in self-defense while struggling
with a dangerous suspect on May 1. 2002. The suspect, Egbert Dewgard,
was carrying more than six pounds of cocaine before he was killed,
authorities said. The decision "says that agents who are sworn to
protect the public don't give up the right to protect themselves,"
said Tony Placido, head of the DEA's New York office.