Police Raids (STDW)
Chronicle AM: GOP Rep. Tackles Forfeiture, OR Measure 91 Support, CA Dispensary Troubles, More (10/24/14)
James Sensenbrenner is on the asset forfeiture case, Oregon's Measure 91 picks up some big name endorsements, dispensaries get shut down in San Diego and raided by the DEA in LA, fallout continues in the case of the missing Mexican student teachers, and more. Let's get to it:
[image:1 align:left caption:true]Asset Forfeiture
Key GOP Lawmaker Questions Asset Forfeiture Seizures. US Rep. James Sensenbrenner (R-WI), chair of the House Subcommittee on Crime, Terrorism, Homeland Security, and Investigations, today sent a letter to Attorney General Eric Holder asking him to provide documents and data related to the Justice Department's role in more than 60,000 cash and property seizures under the department's Equitable Sharing Program with state and local law enforcement agencies. "While we must ensure law enforcement is properly equipped, they should not be funded by slush funds accrued by violating Americans' civil liberties," Sensenbrenner said in a statement today. "The implications on civil liberties are dire," he said in the letter. "The right to own property is a fundamental right implicitly recognized in the Fourth, Fifth and Fourteenth Amendments. I also believe that it is a human right." Sensenbrenner sent similar letters to the DEA and Department of Homeland Security last week, after a Washington Post investigation that found that 61,998 cash seizures of more than $2.5 billion have been made since 9/11 without search warrants or indictments through Equitable Sharing.
Marijuana Policy Expert Mark Kleiman Says Yes on Oregon's Measure 91. He grumbled, but in the end, academic marijuana policy expert and Washington state legalization implementation maven Mark Kleiman has come down in favor of Oregon's Measure 91 marijuana legalization initiative. Even though he says the initiative doesn't reflect "a sophisticated understanding of the problems of illegal markets or a nuanced view about substance abuse disorder" and says that claims that legalization will reduce youth access to marijuana don't pass "the giggle test," "the choice Oregon voters face isn't between what's on the ballot and some perfectly designed cannabis policy; it's between what's on the ballot and continued prohibition at the state level, until and unless a better initiative can be crafted, put before the voters, and passed into law." Bottom line? "It's not an easy choice; as a Californian, I'm glad I don't have to make one like it (yet). But if I had to vote in Oregon, I'd vote 'Yes.'" Click on the link to read the whole piece.
Oregon US Senator Jeff Merkley Says He Will Probably Vote Yes on Measure 91. US Sen. Jeff Merkley (D-OR) has said he is inclined vote in favor of the Measure 91 marijuana legalization initiative. "I think folks on both sides of the argument make a good case," Merkley said. "And there is concern about a series of new products -- and we don't have a real track record from Colorado and Washington. But I feel on balance that we spend a lot of money on our criminal justice system in the wrong places and I lean in favor of this ballot measure." If he does vote yes, he will become the first US senator to support legalizing marijuana in his home state.
Four San Diego Dispensaries Shut Down By Court Order. San Diego authorities won court orders earlier this week to close four dispensaries they said were operating illegally in the city. All four had closed their doors by Wednesday. The city has just adopted a permitting process for dispensaries and the first permit was handed out recently, but a number of dispensaries are operating in the city without permits. The city has shut down more than 200 unpermitted dispensaries since 2009, the city attorney's office said.
DEA Raids Two Los Angeles Dispensaries. DEA agents Thursday raided two Los Angeles dispensaries that staffers claim were fully compliant with state laws. Raiders hit two locations of The Farmacy, one in West Hollywood and one in Westwood, seizing cash, computers, and medical marijuana. No arrests were made. The Farmacy's Venice Beach location wasn't hit, but staffers said they thought that was because it had recently moved and the DEA couldn't find it.
Key West Job Offer Drug Test Case to Go to Jury. A Florida woman who sued the city of Key West for rescinding a job offer after she refused to take a pre-employment drug test will have to seek damages before a jury, a federal judge has ruled. Karen Voss had sued, arguing that all suspicionless, pre-employment drug tests were unconstitutional, and she won a summary judgment holding the city liable. She then filed a second motion seeking financial relief for her losses. US District Judge James Lawrence King ruled that a jury must determine what damages, if any, will be awarded, but he did not address whether mandatory, pre-employment drug testing was constitutional.
Irish Report Finds Drug Law Enforcement Has Little Impact on Drug Availability. In a study commissioned by the Irish government's drug advisory body, the National Committee on Drugs and Alcohol, researchers have found that the availability of drugs is "largely unaffected" by law enforcement anti-drug operations and recommended that police focus on drug markets causing the most community harm. Both police and dealers agreed that police operations had "no impact on availability" other than temporary reductions because of stiff competition, massive profits, and a steady demand for drugs. The 328-page report is Illicit Drug Markets in Ireland.
Mexico Missing Student Teacher Scandal Forces Guerrero's Governor to Resign. Guerrero Gov. Angel Aguirre Thursday said he was taking a leave of absence. He is not expected to return to office. Aguirre becomes the highest ranking politician yet to fall victim to the festering scandal over the case of 43 radical student teachers missing for more than a month after being seized by local police forces and Guerreros Unidos drug gang members working hand-in-hand with them. The mayor of Iguala, the city where they were seized, and his wife, also face arrest, but they have fled. Several mass graves have been found in the search for the students, but the bodies in them don't appear to be the students. The case has seen mass protests in Mexico City, as well as violent protests in the Iguala and Chilpancingo, the capital of the state.
Texas will see marijuana reform legislation next year, "Brownie Mary" Democratic Clubs come to California's East Bay, Utah will consider drug defelonization, Afghan poppy fiasco, and more. Let's get to it:
[image:1 align:left caption:true]Marijuana Policy
Marijuana Policy Project Takes Aim at Texas. The Marijuana Policy Project is working with legislators in Austin to craft a trio of marijuana reform bills to be pre-filed next month. One would decriminalize pot possession, one would allow medical marijuana, and one would be a tax and regulate legalization bill. Click on the title for more details.
California "Brownie Mary" Democratic Clubs Spread to East Bay. Pro-marijuana legalization Democrats have organized the first "Brownie Mary" Democratic Club in the East Bay area. "Brownie Mary" Rathbun was a pioneering medical marijuana activist in San Francisco in the days before Prop 215, and the clubs are a means to articulate a marijuana reform agenda in Democratic Party circles. Now, Alameda County has one. There are others in Los Angeles, Riverside, Sacramento, San Bernardino, and San Francisco counties.
Utah Could Defelonize Drug Possession, Make Other Sentencing Reforms. The Utah Commission on Criminal and Juvenile Justice Wednesday unveiled a sweeping series of proposed criminal justice reforms, including reducing simple drug possession from a felony to a misdemeanor. Other proposals would make drug sales the lowest degree felony and rework "drug free zone" statutes to focus on crimes where children are present. The proposals are expected to go before the legislature in January.
A Tale of Two Texas SWAT Drug Raids Where Officers Were Killed. Mother Jones magazine examines the results in two recent Texas SWAT drug raids that left police officers dead. In one case, the shooter was a white marijuana grower. In the other, the shooter was a black man who had a glass pipe. Guess which one got charged with murder and which one didn't. A good, provocative read; check it out at the link.
US Spent $7.6 Billion to Fight Afghan Opium Poppy Cultivation, But It's Now at An All-Time High. The US special inspector general for Afghanistan reconstruction has called into question US drug policy there after finding that, despite the US spending $7.6 billion to fight the opium trade since it invaded in 2001, the amount of land dedicated to poppy cultivation is at an all-time high of 523,000 acres. "In past years, surges in opium poppy cultivation have been met by a coordinated response from the US government and coalition partners, which has led to a temporary decline in levels of opium production," John Sopko said in a letter to Secretary of State John Kerry, Defense Secretary Chuck Hagel, and other top US officials. "The recent record-high level of poppy cultivation calls into question the long-term effectiveness and sustainability of those prior efforts,"he said on Tuesday. "With deteriorating security in many parts of Afghanistan and low levels of eradication of poppy fields, further increases in cultivation are likely in 2014," he added.
Chronicle AM: CA Decrim Report, Afroman's Back, Pill ODs Drop, Colombia Synthetic Drug Trade, More (10/15/14)
A report on decriminalization in California has good news, state-level marijuana legalization could be an impetus for the US to modify international drug treaties, pain pill deaths are down (but heroin deaths are up), New Zealand has a different take on employee drug testing, and more. Let's get to it:
[image:1 align:left caption:true]Marijuana Policy
Report: California Decriminalized, and Nothing Bad Happened. A new report from the Center on Juvenile and Criminal Justice examines California's experience with marijuana since decriminalization went into effect at the beginning of 2011. It finds that "marijuana decriminalization in California has not resulted in harmful consequences for teenagers, such as increased crime, drug overdose, driving under the influence, or school dropout. In fact, California teenagers showed improvements in all risk areas after reform." There's lots of good number-crunching and analysis. Click on the second link to read the whole thing.
Afroman Revised: Good Things Happened "Because I Got High." California rapper Afroman burned up the charts in 2001 with his catchy lamentation about the perils of being a stoned-out couch potato, but now, thanks to NORML and Weedmaps, he's back with a new version of "Because I Got High," and he's singing a different tune. He eased his glaucoma thanks to the "cannabis aroma" and he can deal with anxiety attacks without Xanax, he sings. The song's new lyrics praise the benefits of marijuana in a number of ways, all supported by scientific evidence, says NORML, which has been working with Afroman for several years. Click on the title link to view the video.
Massachusetts Patients Protest Over Medical Marijuana Implementation. Several dozen patients and advocates rallied outside the Department of Public Health in Boston Tuesday to call on the department and the governor to get the state's medical marijuana program moving. Voters legalized medical marijuana nearly two years ago, but: "We have zero cannabis plants in the ground to serve the patients," said Mickey Martin, a medical marijuana activist. "It's unacceptable to make patients wait." The protestors are calling for the state to immediately open up the program, get dispensaries up and running, and ease restrictions on "hardship cultivation" so more patients can grow their own.
Brookings Report Sees Marijuana Legalization as Chance to Update International Drug Treaties. A report from the Brookings Center for Effective Public Management, "Marijuana Legalization is an Opportunity to Modernize International Drug Treaties," says that the Obama administration's tolerance of legal marijuana in the states creates tension with international drug control treaties and that, as state-level legalization spreads, the US should consider "narrowly crafted treaty changes" to "create space within international law for conditional legalization." The US could, for now, argue that even allowing state-level legalization is compliant with the treaties, but that argument will not hold water if legalization spreads, the authors say. Click on the report link to read the whole thing.
Prescription Pain Reliever Deaths Drop for First Time in Years, But Heroin Deaths Up. For the first time since 1999, deaths from prescription opiates declined in 2012. The number of prescription opiate ODs quadrupled to nearly 17,000 by 2011, before dropping to 16,007 in 2012, a decline of 5%, according to data from the Centers for Disease Control and Prevention. Federal officials are crediting crackdowns on "over-prescribing" and the expansion of prescription drug monitoring programs. The decline in prescription opiate ODs follows a tapering off of the rate of increase that began in 2006. Before that, ODs had increased at a rate of 18% a year beginning in 1999; after that, the rate of increase declined to 3% through 2011. But with the crackdowns has come an apparent shift to heroin among some prescription opiates, and with that is a rising heroin OD death toll. Heroin ODs jumped 35% from 2011 to 2012, reaching 5.927 that year.
Pennsylvania Prescription Drug Monitoring Bill Goes to Governor's Desk. A bill that would establish a prescription drug monitoring database has passed the House. Senate Bill 1180 already passed the Senate in May, and after a pro forma housekeeping vote there, goes to the desk of Gov. Tom Corbett (R), who has said he will sign it. The legislation would track all prescriptions for Schedule II through Schedule V drugs, which is a bit too far for the ACLU of Pennsylvania. The rights groups said it had privacy concerns, and that low abuse potential Schedule V drugs should not be tracked.
"Baby Bou Bou" SWAT Raid Protestors March to Atlanta Federal Courthouse. Supporters of Bounkham "Baby Bou Bou" Phonesevahn, the Georgia toddler severely burned by a flash bang grenade during a botched SWAT drug raid, marched to the federal courthouse in Atlanta Tuesday to press for federal action in the case. A local grand jury refused to indict any of the officers involved. The group, included a lawyer for the family, met with US Attorney Sally Quillian Yates to discuss possible federal charges. Yates' office said it is considering the case.
New Zealand Arbitrator Throws Out Positive Marijuana Test Firing. The Employment Relations Authority has overturned the firing of a man forced to take a drug test after an anonymous caller told his employer he had been smoking pot in a parking garage. The Authority held that the company was not entitled to force the man to take a drug test. The company was ordered to pay $14,000 in damages and lost wages.
Colombia Massacre Opens Window on Black Market Synthetic Drug Trade. Eight reported drug traffickers involved in trying to dominate the trade in synthetic stimulants were gunned down outside Cali recently, and TeleSur TVhas a lengthy and interesting report on what it reveals about the fragmented nature of the drug trade there and the role of the new synthetics in it. The new drugs, such as 2CB, known colloquially as "pink cocaine," are popular with elite youth, and are now apparently being produced in-country. The lucrative trade is leading to turf wars, with the Cali killings being the most evident example.
A suburban St. Louis cop spoils his department's first day in operation, a Minnesota jail guard gets charged with slinging meth, and Denver cops have to pay out big time for a bad drug raid. Let's get to it:
[image:1 align:left]In New Flordell Hills, Missouri, a New Flordell Hills police officer was arrested last Wednesday< on charges he was pilfering pills from the evidence room. Officer Jeremy admitted stealing the tranquilizer after he was involved in a crash the following day and the pills were found in his possession. He is charged with stealing and possessing a controlled substance, and has now resigned. It was the first day for the new suburban St. Louis police force.
In Minneapolis, a Hennepin County jail guard was indicted last Friday on charges he was part of a methamphetamine trafficking conspiracy. Guard Ashley Mariakas, 26, was one of 11 people indicted in the case, which involved the distribution of 26 pounds of meth. Mariakas is charged with one count of conspiracy to distribute meth and two counts of actual distribution. She is not accused of peddling meth at the jail.
In Denver, a jury awarded $1.8 million to a family in a wrongful prosecution case on September 26. The case stemmed from a 2009 raid on a home previously occupied by drug dealers and prostitutes, but into which a new family had moved. Denver Police entered the home without a warrant, then arrested the family on trumped up charges of interference with a police officer and misdemeanor assault. All the charges were later dropped.
Chronicle AM: Carl Sagan Pot Papers Released, Supreme Court Takes Up Highway Drug Dog Detentions, More (10/8/14)
The Library of Congress unveils writings on marijuana and drug reform from astronomer Carl Sagan, pot pops up in the Oklahoma Senate race, the Supreme Court will take up the issue of how long police can detain someone on the side of the road waiting for a drug dog, the "Baby Bou Bou" SWAT raid case isn't over yet, and more. Let's get to it:
[image:1 align:right caption:true]Marijuana Policy
Marijuana Policy Pops Up in Oklahoma US Senate Race. Even in Oklahoma, though that is not really a big surprise, given that Democratic contender state Sen. Constance Johnson is a leading Sooner advocate for legalization. At a debate in Stillwater with Republican contender US Rep. James Lankford, Johnson surprised no one by standing by her well-known position on pot. And Lankford surprised no one by opposing it. Click on the link to get some flavor.
Carl Sagan's Writings on Marijuana, Drug Policy in New Library of Congress Exhibit. The Library of Congress in Washington, DC, has made available to the public a huge trove of astronomer and PBS "Cosmos" host Carl Sagan's papers relating to marijuana and drug policy. Sagan was a proponent of marijuana and drug reform, and Tom Angell of Marijuana Majority has penned a nice piece about the collection and its release. Click on the title link to read it.
Pennsylvania Restrictive Medical Marijuana Bill Gets House Committee Assignment. The bill, Senate Bill 1182, passed the Senate last month, but is being slowed down by Republicans in the House. It was assigned to the House Judiciary Committee Tuesday, but Republican members said it would have to have at least two public hearings before going to a committee vote. With only four working days left in the legislative session, that isn't going to happen this year.
Supreme Court to Rule on Roadside Detention of Motorists While Cops Await Arrival of Drug Dogs. How long can police hold a driver on the side of the road while waiting for a drug dog to arrive to do a sniff (which the Supreme Court considers not a search)? The US Supreme Court agreed yesterday to take up a case that could decide that issue. In the case, a Nebraska man was stopped for an alleged traffic infraction and ticketed by the officer 21 minutes later. But he remained detained by the officer for another six minutes, until backup arrived. The officer then used the dog to sniff the car, the dog alerted, a search ensued, and methamphetamine was found. The man pleaded guilty, but appealed, saying his detention after the ticket was written amounted to an unreasonable search and seizure under the Fourth Amendment. Oral arguments will be presented early next year. The court opinion will likely be announced by June 2015.
Family of Toddler Burned in Georgia SWAT Drug Raid Seeks Federal Charges. After a Georgia grand jury declined to indict any police officers in the botched drug raid that left toddler Bounkham "Baby Bou Bou" severely injured when a SWAT officer through a flash-bang grenade in his play pen, his family is seeking a meeting this week with federal prosecutors in hopes of getting federal charges filed. While the local grand jury failed to indict, it was highly critical of law enforcement practices in the case. "There should be no such thing as an emergency narcotics investigation," the jurors wrote in their report. Georgia US Attorney Sally Quillian Yates said in a statement that her office is looking into it. "Federal authorities have been participating in the investigation of this terrible incident, and now that a state grand jury has declined to return an indictment. We will review the matter for possible federal charges," said Yates.
Bolivian Presidential Candidates on Drug Policy. The PanAm Post has a nice analysis of the drug policy positions of the various candidates in the Bolivian presidential elections set for Sunday. While sitting President Evo Morales has won kudos for his coca policies, he has not undertaken any broader reform initiatives, such as drug decriminalization or legalization. Neither have any of the other candidates. The candidates are united in their "prohibitionist insanity," the article notes. Morales is expected to be reelected.
El Chapo Guzman Indicted in New York for Murders. Mexico's imprisoned Sinaloa cartel leader, Joaquin "El Chapo" Guzman, has been indicted for 12 murders in an indictment issued by a federal grand jury in Brooklyn. He and his successor, Ismael "El Mayo" Zambada, were also charged with money-laundering more than $14 billion in drug profits. But don't look for him to be heading for New York any time soon; he faces numerous charges in Mexico, as well.
Mexican Drug Gang Hit Men Linked to Mass Murder of Student Teachers in Guerrero. The attorney general for the state of Guerrero said Tuesday that some of the 44 rural teachers' college students who went missing last week after clashing with police in the city of Iguala were probably executed by drug traffickers working with crooked police. Two men who identified themselves as members of the Guerreros Unidos drug gang have supposedly confessed to killing at least 17 of them. Authorities have found a mass grave containing 27 bodies. The state attorney general said it appeared local police arrested the students, then handed them over to the hit men. The students were said to be political radicals and had been protesting against local officials. This sort of repressive political violence is nothing new in Guerrero, but the mass murder is one of the largest in recent Mexican history.
This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)
Chronicle AM: Dallas to Stop Marijuana Arrests, Rick Steves Campaigns, DEA Agent Makes Fake Facebook Page, More (10/7/14)
It's crunch time for those marijuana initiatives, Dallas will quit making small-time pot arrests, Colorado's governor disses the voters, Pennsylvania's medical marijuana bill is stalled, and more. Let's get to it:
[image:1 align:left]Marijuana Policy
Dallas to Quit Arresting People for Small-Time Marijuana Possession. Starting in January, police in Dallas County, Texas, will only ticket -- not arrest -- people caught in possession of two ounces or less of marijuana. But those cited will still face misdemeanor charges, a fine of up to $2,000 and up to six months in jail (though that is rarely the case). The state legislature in 2007 voted to allow jurisdictions to implement cite-and-release, but only a handful of locales in the state have exercised that option.
Legalization Initiative Campaign Kicks Off in Lewiston, Maine. The campaign to legalize marijuana locally through ballot initiatives in Lewiston and South Portland, Maine, kicked off its final month of electioneering with a rally today in Lewiston. The effort is led by the Marijuana Policy Project and is part of a plan to legalize the herb statewide in the near future. Portland, the state's largest city, passed a similar initiative last year.
Rick Steves Hits the Road for the Oregon Legalization Initiative. The charming and mild-mannered PBS travel show host is kicking off a 9-stop tour in support of Measure 91. Steves, who lives in next-door Washington state, also played a critical role in that state's successful 2012 legalization initiative.
DC Council Votes to Strengthen Law to Seal Records for Past Marijuana Arrests. The DC Council voted unanimously today in favor of a bill that would improve the process by which a person can seal criminal records pertaining to conduct that has since been decriminalized or legalized. The council is expected to take a final vote on the bill in late October and it will then go to Mayor Vincent Gray for his review. The council decriminalized marijuana possession earlier this year, and the Measure 71 possession and cultivation legalization initiative appears poised to pass in November.
Colorado Governor Says Voters Were "Reckless" to Legalize Marijuana. Gov. John Hickenlooper (D) said during a campaign debate with Republican challenger Bob Beauprez that Colorado voters were "reckless" for voting to legalize marijuana. "Any governor that looks at doing this before we see what the consequences are, I would view it as reckless," he said. But what about voters who voted for it? "I think for us to do that without having all the data, there is not enough data, and to a certain extent you could say it was reckless. I'm not saying it was reckless because I'll get quoted everywhere, but if it was up to me I wouldn't have done it, right. I opposed it from the very beginning. In matter of fact, all right, what the hell -- I'll say it was reckless." Hickenlooper may call voters "reckless," but he has overseen the good faith implementation of the voters' will. Beauprez opposes marijuana legalization.
Pennsylvania Medical Marijuana Bill Appears Stalled in House. The state Senate last month passed a restrictive medical marijuana bill, Senate Bill 1182, but even that appears to be too much for the Republican-controlled House. Spokesmen for House Majority Leader Mike Turzai (R-Allegheny County) said the body wants to carefully study the bill, including holding public hearings. That means there is virtually no chance it will come to a vote this session. But some Democrats have some legislative maneuvers planned, including trying to attach it to another bill, so stay tuned.
Grand Jury Fails to Indict Cops in "Baby Bou Bou" Georgia SWAT Raid. A grand jury in Habersharm County has decided against charging any police officers in a botched drug raid in which a toddler was severely injured by a flash-bang grenade thrown by a SWAT officer. "Baby Bou Bou" Phonesvanh's nose was nearly blown off his face and he spent weeks hospitalized after the raid, in which no drugs were found and no one was arrested. The county has also refused to pay the child's medical bills. Look for a civil suit to come.
DEA Agent Set Up Fake Facebook Page in Woman's Name Without Her Consent. A DEA agent investigating a drug case took over a woman's identity, creating a fake Facebook page in her name and posting racy photos from her seized cell phone. The woman was a minor player in a drug case and didn't know her identity had been commandeered until friends asked her why she was posting racy photos. The woman hadn't even set up a Facebook page of her own. DEA Agent Timothy Sinnigen set up the fake page and used it to communicate with at least one drug suspect. Now, the Justice Department is arguing in federal court that it was perfectly okay for him to do so. Click on the link to read the whole sordid tale.
Ten Percent Drop in Federal Prison Sentences of a Year or More. The Transactional Records Access Clearinghouse (TRAC) at Syracuse University reports that the number of federal prison sentences of a year or more has dropped by 10% over the past five years. Only about one in four people convicted of federal crimes received sentences of greater than a year. Drug offenders accounted for nearly one-third (32.4%) of them. The TRAC data doesn't specify whether this figure has gone up or down in the past five years.This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)
A Georgia SWAT team shot and killed an armed homeowner during a September 24 drug raid sparked by the word of a self-confessed meth addict and burglar who had robbed the property the previous day. No drugs were found. David Hooks, 59, becomes the 34th person to die in US domestic drug law enforcement operations so far this year.
[image:1 align:left]According to WMAZ TV 13, Laurens County sheriff's deputies with the drug task force and special response team (SWAT team) conducted a no-knock search on Hooks' home in East Dublin on the evening of the 24th. When the raiders burst through the back door of the residence, they encountered Hooks carrying a shotgun. Multiple deputies opened fire, shooting and killing Hooks.
According to his family, Hooks was not a drug user or seller, but was a successful businessman who ran a construction company that, among other things, did work on US military bases. Hooks had passed background checks and had a security clearance.
The search warrant to raid Hooks' home came about after a local meth addict named Rodney Garrett came onto the property two nights earlier and stole one of Hooks' vehicles. Garrett claimed that before he stole the vehicle, he broke into another vehicle on the property and stole a plastic bag. Garrett claimed he thought the bag contained money, but when he later examined it and discovered it contained 20 grams of meth and a digital scale, he "became scared for his safety" and turned himself in to the sheriff's office.
Hooks' family, however, said that Garrett had been identified as the burglar and a warrant issued for his arrest the day after the burglary. He was arrested the following day; the raid happened that same night.
Garrett's claims were the primary basis for the search warrant. But investigators also claimed they were familiar with the address from a 2009 investigation in which a suspect claimed he had supplied ounces of meth to Hooks, who resold it. Nothing apparently ever came of that investigation, but the five-year-old uncorroborated tip made it into the search warrant application.
And it was enough to get a search warrant from a compliant magistrate. Hooks family attorney Mitchell Shook said that even though the warrant was not a no-knock warrant, the Laurens County SWAT team did not announce its presence, but just broke down the back door of the residence.
Shook said David Hooks' wife, Teresa, looked outside and saw people with hoods on the evening of the raid and woke up her husband. Fearing the burglar or burglars who had struck two nights earlier had returned, Hooks armed himself.
"David and Teresa were under the impression that the burglars were back and that a home invasion was imminent," the family said in a statement. "David armed himself to protect his wife and his home. Despite the fact that the illegal search warrant did not have a 'no knock' clause, the Drug Task Force and SRT members broke down the back door of the family's home and entered firing in excess of 16 shots. These shots were from multiple firearms and from both 40 caliber handguns and assault rifles. Several shots were fired through a blind wall at David with the shooters not knowing who or what was on the other side of the wall. The trajectory of the shots, coupled with the number of shots infers a clear intent on behalf of the shooters to kill David Hooks."
"The task force and the SRT members broke down the back door of the family's home and entered, firing an excessive sixteen shots. There is no evidence that David Hooks ever fired a weapon" said Shook.
Nor was there any evidence he was involved in drugs. As Shook emphasized, after the shooting, the Georgia Bureau of Investigation conducted an intensive 44-hour search of the property and came up with not one item of contraband.
Hooks' family is called on the Laurens County district attorney to do its own investigation of the killing after he receives the GBI's report and "take whatever action the law and justice demands." It is also calling on Sheriff W.A. "Bill" Harrell to immediately suspend all the officers involved until the investigations and any prosecutions are settled.
Chronicle AM: CO MedMJ Crackdown, Heroin ODs Up, Mexican Soldiers Charged in Massacre, More (10/2/14)
A Colorado legislative panel wants to tighten up on medical marijuana, a South Carolina legislative panel studies medical marijuana, the CDC says heroin overdoses are up, a North Carolina county engages in more drug war same old-same old, and there's news from Mexico, too. Let's get to it:
[image:1 align:right caption:true]Medical Marijuana
Colorado Lawmakers Want to Crack Down on Medical Marijuana. A state legislative panel, the Marijuana Revenues Interim Committee, yesterday recommended filing legislation that would tighten up the medical marijuana caregiver system and clarify that local governments can collect taxes on recreational marijuana. The bill would require all primary caregivers to register with the state. Officials fear that their inability to track caregiver grows under the present system is helping the black market. The bill would limit caregivers to six plants per patient and limit patients to one caregiver. Medical marijuana supporters questioned why a committee charged with revenue issues was concerning itself with medical marijuana laws.
South Carolina Medical Marijuana Panel Meets Today. A joint legislative panel studying the uses of medical marijuana in the state is meeting at the Medical University of South Carolina today. It's the first of three meetings to be held around the state to gather information. The state last year approved a CBD cannabis oil bill; these meetings are designed to help lawmakers gather information and refine the state's marijuana and hemp laws.
Heroin and Prescription Opiates
CDC Report Says Heroin Overdose Death Rate Doubled. A new report from the Centers for Disease Control and Prevention finds that the heroin overdose death rate doubled between 2010 and 2012 in the 28 states covered in the report, but that twice as many people died from prescription opiate overdoses. The study says two things appear to be driving the increase in heroin overdoses: widespread exposure to prescription opiates and increasing rates of opiate addiction, and easier availability of heroin. Click on the link for more details.
Craven County, NC, Makes Penny-Ante Drug Roundup. After a "two-month investigation," the Craven County Narcotics Unit and the New Bern Police Narcotics Unit (CNET-the Coastal Narcotics Enforcement Team) rounded up 16 drug suspects this week, but the charges are less than impressive. Of the 16 people arrested in the big bust, five were charged only with possession of drug paraphernalia (which was also tacked onto nearly everyone else's charges, too), two were charged solely with failure to appear in court, and one was charged with possession of marijuana in jail. Five were charged with "possession with intent to sell" various drugs and one with "possession with intent to sell" marijuana. One person was charged with possession of meth precursors. Of the 16 arrested, only one was arrested on an actual drug trafficking charge.
Mexican Special Forces Grab Beltran-Leyva Cartel Head. Hector Beltran Leyva, head of the Beltran Leyva cartel since his brother Arturo was killed by Mexican marines in 2009, was captured at a San Miguel de Allende restaurant yesterday. It's another coup against the cartels for the government of President Enrique Pena Nieto, which has also captured Sinaloa cartel head Joaquin "El Chapo" Guzman and at least two leaders of the feared Zetas cartel.
Three Mexican Soldiers Charged With Murder in Massacre of 22. Mexican Attorney General Jesus Murillo Karam announced late Tuesday that three soldiers have been charged with homicide in the shooting deaths of 22 people killed in Mexico state on June 30. The military originally said they were cartel members who died in a shoot-out with troops, but witnesses described them being executed after surrendering. Just last week, the Defense Ministry had charged eight of the soldiers with crimes against military justice.