HABERSHAM COUNTY, Ga. — A federal grand jury has indicted a former Habersham County sheriff’s deputy in connection with a SWAT team raid that critically injured a toddler.
Bounkham Phonesavah, known as “Baby Bou Bou,” spent weeks in a burn unit after a SWAT team’s flash grenade landed in his play pen and exploded in his face.
Channel 2 Investigative Reporter Jodie Fleischer confirmed the federal indictment against former deputy Nikki Autry on Wednesday morning.
“Our criminal justice system depends upon our police officers’ sworn duty to present facts truthfully and accurately – there is no arrest that is worth selling out the integrity of our law enforcement officers,” said U.S. Attorney John Horn.
The indictment says Autry provided false information to a judge in order to obtain a search warrant and an arrest warrant for a drug dealer at that home.
Autry claimed a reliable informant bought drugs at the home and that law enforcement surveillance showed heavy traffic in and out of the home.
“Without her false statements, there was no probable cause to search the premises for drugs or to make the arrest. And in this case, the consequences of the unlawful search were tragic,” Horn said.
The raid happened on the morning of May 28, 2014 as authorities executed the search warrant for the drug suspect. That suspect later pleaded guilty to much of what the warrant alleged.
The Phonesavah’s attorney alleged at the time that an independent investigation showed authorities used faulty information to get the search warrant. The county later apologized and paid the family nearly $1 million, to help offset Bou Bou’s medical expenses.
“All of the officers involved in this case were very upset with what happened,” said Jeff Brickman, an attorney for Autry.
Brickman says Autry is also a mother, and is devastated by what happened, and the new charges she’s facing, four counts of violating the civil rights of Bou Bou, his parents, and others in the home.
“I think some mistakes were made in the investigation, but [Autry] did not intentionally mislead anybody,” said Brickman, who added that she did not intentionally lie to the judge.
A Habersham County grand jury agreed last Fall, clearing all of the officers and saying there was no criminal intent or criminal negligence. The grand jury did call the raid “sloppy and hurried” and “not in accordance with best practices.”
Autry gave up her state police certification, which that Habersham grand jury unanimously said was more appropriate than criminal charges.
“It was not her decision to use the flash bang, and that ultimately was the cause of this young child’s injury,” said Brickman.
Habersham District Attorney Brian Rickman says his grand jury heard the same evidence as the federal grand jury, but that the state charges they considered differ greatly from federal civil rights charges.
Brickman says Autry will vigorously fight these charges.
Autry has not been arrested yet, that will happen at her arraignment next week.
http://www.wsbtv.com/news/news/local/former-deputy-indicted-raid-critically-injured-tod/nm4mt/
A small fig leaf of justice. The entire SWAT team needs to be indicted. Let a jury decide their innocence or guilt. The Sheriff needs to be sentence to 20 years of mental evaluations for having found nothing wrong with the raid. (His statements on this issue are documented.) In fairness, give him a choice: the mental evaluations, or a firing squad.
How many persons who happen to have contact with authorities get a choice?
How many dogs have barked once too often at a cop and been given no choice, but to die?
If one can avoid authoritative contact in any way, that can become a way of life, a way of survival.
Whatever happened to the Andy Taylor and Barney Fife type?
Took long enough.
There needs to be a S.O.P. drawn up and followed religiously. In it needs to be how to protect individuals in the house that are not the target and how to protect them. from injury, innocent casualties are not allowable.
She lied to get a warrant?!? Say it isn’t so! She gave up her state police certification and that makes it hunky-dory?!? Bullshit! That lying bitch should be rotting in a jail cell! I love how they are now pointing fingers: “‘It was not her decision to use the flash bang, and that ultimately was the cause of this young child’s injury,’ said Brickman.” They are all scurrying away like cockroaches do when the lights are turned on.
They’re only indicting someone because there was public outcry over this incident, and they’re hoping this will end it.
When no one’s looking the pig will be found innocent, and he’ll go back to burning babies, after taking a nice vacation on the back pay that will be doled out to him.
“Our criminal justice system depends upon our police officers’ sworn duty to present facts truthfully and accurately…”
The ONLY truth in that statement being that the ‘justice system’ IS criminal.
“… there is no arrest that is worth selling out the integrity of our law enforcement officers,” said U.S. Attorney John Horn.”
Not to worry. Absolutely nothing TO sell out.
And btw, you’ll hang right along with the rest of POS communist traitors, scumbag.