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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsSheriff’s Office Claims Infant at Fault for SWAT Team Blowing His Face Apart with Grenade
Habersham County Sheriff, Joey Terrell, has allegedly given the most asinine defense about why a SWAT team blew a babies face off. The defense was allegedly used in a federal lawsuit on behalf of an infant hit with a grenade by SWAT during a botched raid in May of last year.
"The act of sleeping in a room about to be breached by a SWAT team constituted criminal conduct on the part of the infant. At the very least, the infant was fully liable for the nearly fatal injuries inflicted on him when Habersham County Sheriffs Deputy Charles Long blindly heaved a flash-bang grenade a destructive device, as described by the ATF, that when detonated burns at 2,000-3,500 degrees Fahrenheit into the crib.
Merely by being in that room, Bou-Bou had assumed the risk of coming under attack by a SWAT team. By impeding the trajectory of that grenade, rather than fleeing from his crib, Bou-Bou failed to avoid the consequences of that attack.
In any case, Bou-Bou, along with his parents and his siblings, are fully and exclusively to blame for the injuries that nearly killed the child and left the family with more than one million dollars in medical bills. The SWAT team that invaded the home in Cornelia, Georgia on the basis of a bogus anonymous tip that a $50 drug transaction had occurred there is legally blameless.
absolutely disgusting
http://thefreethoughtproject.com/infant-responsible-grenade-thrown-face/#pecZPzBq6bydkUIp.99
Vincardog
(20,234 posts)Garion_55
(1,915 posts)Vincardog
(20,234 posts)Enthusiast
(50,983 posts)lark
(23,099 posts)rapists, racists and facists aka police in our country. Yeah, those are tough words, but when an infant in said to be criminally responsible for the assholes nearly killing her, that's beyond the pale. These jerks are out of control and need to be stopped.
ybbor
(1,554 posts)Fucking disgusting!
May they all rot in Hell!
chillfactor
(7,575 posts)the baby was responsible? Who thought up that bucket of s***?
arcane1
(38,613 posts)dgauss
(882 posts)Here is where he gets them from:
This is the defense presented by Haberham County Sheriff Joey Terrell and his comrades in their reply to a federal lawsuit filed last February on behalf of Bou-Bou Phonesavanh and his family.
It's 36 pages and mostly goes like this:
40.
Responding to the allegations contained in paragraph 40 of plaintiffs'complaint, these defendants admit only that defendant Charles Long deployed adiversionary device into the subject residence pursuant to the pre-operational plan.These defendants deny the remaining allegations contained in paragraph 40 of plaintiffs' complaint.
41.
Responding to the allegations contained in paragraph 41 of plaintiffs'complaint, these defendants admit only that plaintiff Bounkham "Bou Bou"Phonesavanh sustained injuries from the noise flash diversionary device. These defendants deny the remaining allegations contained in paragraph 41 of plaintiffs'complaint
.....
48.
These defendants deny the allegations contained in paragraph 48 of plaintiffs' complaint.
49.
These defendants deny the allegations contained in paragraph 49 of plaintiffs' complaint.
50.
These defendants deny the allegations contained in paragraph 50 of plaintiffs' complaint
But then you get to this in the last few pages:
FIFTHDEFENSE
Plaintiffs' damages, if any, resulted solely from the voluntary and intentional conduct of plaintiffs or others and not from any conduct of these defendants or those over whom these defendants had any control.
SIXTH DEFENSE
Plaintiffs' damages, if any, were caused by the independent acts and decisions of persons and entities other than these defendants or those over whom these defendants had some legal right of control.
SEVENTH DEFENSE
To the extent as may be shown by the evidence through discovery, these defendants show that plaintiffs' damages, if any, were directly and proximately caused by the contributory and comparative negligence of plaintiffs and their failure to exercise ordinary care.
arcane1
(38,613 posts)That definitely reads like some kind of "if you weren't suspicious of drugs this would never have happened" crap.
To paraphrase Gore Vidal, the presence of a flushsable toilet nullifies the 4th amendment.
dgauss
(882 posts)It's your own fault we suspected you.
It's your own fault we chose to throw an incendiary device through your window.
It's your own fault our throwing an incendiary device through your window resulted in your baby's face getting blown up.
But in legalese.
bravenak
(34,648 posts)Rolando
(88 posts)n2doc
(47,953 posts)Pigs act the same in all states
truedelphi
(32,324 posts)When a gas line ruptured and totally blew up 19 homes, partially did damage to other homes, and killed people.
Never mind that the state had GIVEN PG & E the $ 50 million bucks it needed to replace the pipeline - they had other things to do rather than spend perfectly good money on replacing a worn out pipeline.
So although I grieve and feel awful when I hear about things like this, I am not shocked.
This is what happens inside a Totalitarian regime.
This is what happens inside a Totalitarian regime.
If we don't like it, we need to start organizing.
hifiguy
(33,688 posts)How the FUCK could any sane human being make that argument. Oh wait, it's kkkops, so sanity and humanity do not enter in to it.
AtomicKitten
(46,585 posts)lpbk2713
(42,757 posts)As the system sees it, they are not worthy of protection under the law.
democrank
(11,094 posts)BAM!
MarianJack
(10,237 posts)...making poo poo in the didey!
Let me guess. Fox "News" will agree.
PEACE!
WillyT
(72,631 posts)Joe the Revelator
(14,915 posts)...but geez, if I was that baby's father, I don't know what I'd do. Props to him for keeping his cool (assuming its the guy in the last picture). That makes me completely sick.
WillyT
(72,631 posts)I'm not violent either...
Yet that's just the thing to change that reality.
Joe the Revelator
(14,915 posts)I had heard of this 'incident' but never saw the photos. I'm going to hold my son a little closer tonight.
The war on drugs needs to end, the war on people by their own police force needs to end. Thanks for sharing that, because nobody should ever ever ever go through that.
WillyT
(72,631 posts)Give your son a hug from me... please ???
Joe the Revelator
(14,915 posts)irisblue
(32,973 posts)randys1
(16,286 posts)There is a limit though
pansypoo53219
(20,976 posts)packman
(16,296 posts)I hope I get on the jury. Reading this it is amazing they didn't arrest the baby - and over a $50 POSSIBLE drug transaction.
avebury
(10,952 posts)The only issue for me would be how much to make them pay the family. I don't see how they Sheriff's Dept. thinks that their defense will fly with a juror.
Noah331
(7 posts)People should join together to hire the best legal counsel to help this family and others that are battling the crazy government we have right now.
GeorgeGist
(25,321 posts)for sociopaths. Cops, lawyers, and judges.
Marrah_G
(28,581 posts)NYC_SKP
(68,644 posts)Merely by being in that room, Bou-Bou had assumed the risk of coming under attack by a SWAT team. By impeding the trajectory of that grenade, rather than fleeing from his crib, Bou-Bou failed to avoid the consequences of that attack.
In any case, Bou-Bou, along with his parents and his siblings, are fully and exclusively to blame for the injuries that nearly killed the child and left the family with more than one million dollars in medical bills. The SWAT team that invaded the home in Cornelia, Georgia on the basis of a bogus anonymous tip that a $50 drug transaction had occurred there is legally blameless.
Read more at http://thefreethoughtproject.com/infant-responsible-grenade-thrown-face/#XjghWhpKVVfTZkVE.99
Jackpine Radical
(45,274 posts)These passages are a (very) loose interpretation of what was actually in the document. The sheriff is actually more or less blaming the adults present for creating the situation in which the child was injured; they're not actually asserting that it was the child's fault per se.
Joe the Revelator
(14,915 posts)Jackpine Radical
(45,274 posts)I certainly hope that you didn't take my comment to imply anything but condemnation for those cops. I was just pointing out that the presentation of the story was flawed, that the author was misrepresenting the actual document. We do ourselves no favors by being associated with unreliable commentary.
Joe the Revelator
(14,915 posts):thumbsup
Jackpine Radical
(45,274 posts)Unfortunately, it was written in such a way as to invite Godwin's Law.
diabeticman
(3,121 posts)Someone lies about buying drugs at the house and the victims of the lie are responsible for the illegal action against them....
Joe the Revelator
(14,915 posts)...and the county of Habersham is hiding behind some bullshit immunity clause that GA has for its county Governments. I lived in that state for 5 years. Aside from the Braves, its really a worthless pit of ignorance. (on a governmental level)
dbackjon
(6,578 posts)I had one the other day threaten me with a nuclear weapon if I didn't give him his binky back.
Oh - and puppies. Dangerous.
valerief
(53,235 posts)gregcrawford
(2,382 posts)... who should have a flash-bang shoved where the Sun don't shine.
Schema Thing
(10,283 posts)those are quotes of an editorial, not quotes from court documents.
And I'm sure the defense will make shitty arguments to try and keep the county from having to pay. But now I'm curious what those arguments actually are.
Angry Dragon
(36,693 posts)questionseverything
(9,654 posts)this child is the perfectly innocent victim
FiveGoodMen
(20,018 posts)on the spot.
What have we become that we will stand by cooperatively while the 'baby had it coming' defense is being offered?
Dont call me Shirley
(10,998 posts)world wide wally
(21,743 posts)niyad
(113,302 posts)some people?
sulphurdunn
(6,891 posts)if the cop's lawyers spoke English.
Warren DeMontague
(80,708 posts)Another Drug War success story.