Man sentenced to prison for shooting cop in no-knock raid

[OFFascist]

https://thefreethoughtproject.com/man-sentenced-shooting-cop-no-knock-raid-over-weed/

When a SWAT team initiated a no-knock raid in search of cannabis, they were met with gunfire, and while the resident surrendered as soon as he realized his home was being raided by police, the fact that he opened fire on the intruders and shot one of them in the leg has resulted in a 13-year prison sentence.

When a SWAT team broke down the door and charged into the Harrell family’s house in the early morning hours of April 14, 2016, they claimed that the intrusive operation was justified, because they believed 18-year-old Tyler Harrell was running a drug ring out of his parents’ home.

When Tyler Harrell was woken up by what he believed were burglars breaking into his home, he did what many gun owners would do, and he grabbed his firearm and confronted the intruders. He used his legally-owned AK-47, and while he did not kill any of the officers, he did wound one officer by shooting him in the knee.

it was the testimony from Officer James Pittman that apparently pulled at the heartstrings of jury members. He was the only person injured by Harrell’s gunfire, and he said the bullet wound in his leg kept him from playing with his kids now and would force him to get knee replacement surgery one day.

Pittman also criticized the “Not Guilty” verdict from another Texas case in which a homeowner shot and wounded three police officers when they initiated a no-knock raid on his house. Ray Rosas spent nearly two years in jail awaiting his trial, and his actions were ruled justified based on the fact that he was acting in self-defense and did not know the intruders he was shooting were police officers.

Rosas was acquitted, despite the fact that 11 police officers testified against him. However, in the case of Tyler Harrell, his lawyer argued that the 18 SWAT team members who attended court in tactical gear to show their support for Officer Pittman, further demonized Harrell in the eyes of the jury.

The pressure worked, and while the jury determined that Tyler Harrell was not guilty of attempted capital murder or aggravated assault on a public servant, he was found guilty of aggravated assault and sentenced to 13 years and six months in prison, and a fine of $7,000.

All of that for this

When officers searched the home, they found one ounce of cannabis, which would justify a misdemeanor charge against Harrell.

This is a disappointing verdict and I hope he is able to appeal. I was pleased with other similar cases where a victim of a no-knock raid was acquitted for defending themselves from unknown attackers; defense of property should be taken seriously here in Texas. Due to their nature, no-knock raids should be reserved for the most serious of offenses like active hostage situations, not to raid someone merely for drugs.

 

[vmax]

This guy killed a deputy and walked away
It was a BS no knock on bad info
http://www.theeagle.com/news/local/...cle_549b0586-cefc-53a2-bd34-80a8f07816b4.html

 

[OFFascist]

This guy killed a deputy and walked away
It was a BS no knock on bad info
http://www.theeagle.com/news/local/...cle_549b0586-cefc-53a2-bd34-80a8f07816b4.html

There are two other cases I'm aware of that went to trial that were acquitted but neither were fatalities. The guy in Corpus mentioned in the article, and there was one in San Antonio but I don't think any officer was actually hit in that case.

 

[dapakattack]

With "Swatting" being in the news, stories like this are going to be more common and with a growing anti-gun sentiment out there, home owners, defending their loved ones and property, are going to get screwed. That is two years out of that man's life that he can not get back (whatever happened to a fair and speedy trial?)

 

[oldag]

Way too many no knock raids out there. Perhaps the DPS should have to approve no knock raids.

Some type of control to prevent local LEO's from abusing this.

 

[karlac]

Jury pools are now made of the same emotion ruled idiots who voted for Hillary ...

 

[AustinN4]

Jury pools are now made of the same emotion ruled idiots who voted for Hillary ...

This is very scary.

 

[Southpaw]

So what I gather is the possession of weed was probably what tanked him, no?

 

[AustinN4]

So what I gather is the possession of weed was probably what tanked him, no?

From the link in the OP:
"When a SWAT team broke down the door and charged into the Harrell family’s house in the early morning hours of April 14, 2016, they claimed that the intrusive operation was justified, because they believed 18-year-old Tyler Harrell was running a drug ring out of his parents’ home."

 

[OFFascist]

So what I gather is the possession of weed was probably what tanked him, no?

That is the justification that started this mess, ultimately the jury failed here as other juries in more conservative areas have acquitted under similar circumstances. I suppose like the author of the story stated, it was possible that the jury felt intimated in some way by the presence of the wounded officer's co-workers.

 

[Southpaw]

From the link in the OP:
"When a SWAT team broke down the door and charged into the Harrell family’s house in the early morning hours of April 14, 2016, they claimed that the intrusive operation was justified, because they believed 18-year-old Tyler Harrell was running a drug ring out of his parents’ home."

I read the article, but thanks.

What I wasn't sure of is if other cases involved something similar.

 

[Lunyfringe]

From the link in the OP:
"When a SWAT team broke down the door and charged into the Harrell family’s house in the early morning hours of April 14, 2016, they claimed that the intrusive operation was justified, because they believed 18-year-old Tyler Harrell was running a drug ring out of his parents’ home."

IMHO, that would in NO way deserve a no-knock warrant... but I'm not an activist judge.

There should be a clearly defined litmus test for a no-knock warrant... why did they need a no-knock for an ounce of weed? because they thought it would be flushed? Why not set him up and pick him up outside the home trying to sell, then serve a warrant on the home with him in custody.

This isn't a fuckin' war zone

ETA: perhaps he was not leaving the house, but dealers would come there to pick up- he's still got to leave sometime, right? no creativity in just treating it like a demilitarized zone.... endangers the officers (obviously), and the general public when they get it wrong.

 

[ZX9RCAM]

IMHO, that would in NO way deserve a no-knock warrant... but I'm not an activist judge.

There should be a clearly defined litmus test for a no-knock warrant... why did they need a no-knock for an ounce of weed? because they thought it would be flushed? Why not set him up and pick him up outside the home trying to sell, then serve a warrant on the home with him in custody.

This isn't a fuckin' war zone

Not disagreeing, but I figure they expected to find more than an ounce.
They thought he was a dealer evidently, dealers normally have quantities larger than an ounce.

 

[AustinN4]

IMHO, that would in NO way deserve a no-knock warrant... but I'm not an activist judge.

There should be a clearly defined litmus test for a no-knock warrant... why did they need a no-knock for an ounce of weed? because they thought it would be flushed? Why not set him up and pick him up outside the home trying to sell, then serve a warrant on the home with him in custody.

I am not defending NKWs at all. It seems to me they should only be used for violent felons.
But from the quote I posted above from the link in the OP it seems clear they were expecting more than an ounce.

 

[karlac]

The jury the lawyer's don't want me on is when the family dog gets shot immediately upon entry.

 

[TX OMFS]

I'm very pro-police but on the little I know I say not guilty. If someone storms my house how do I know who they are?

 

[AustinN4]

I'm very pro-police but on the little I know I say not guilty. If someone storms my house how do I know who they are?

Exactly!

 

[grasshopperglock]

Stay off the radar and there won't be problems.

Not disagreeing, but I figure they expected to find more than an ounce.
They thought he was a dealer evidently, dealers normally have quantities larger than an ounce.

Not exactly. Dealers are runners. They never keep more then the 2 ounce threshold on their person. Suppliers are the ones that have bulk. But you'll never see or hear of one.

It's supplier, buyer, and then the street level 'dealer'. The street level isn't privy to where the product comes from. Kinda like the lady at 7/11. She sells what's in inventory. She kinda knows where the product came from. No idea to who made it.

Anything found in a raid is the purpose of the raid. Be it cannabis, crack, or a couple vicodins not prescribed to you. The end justifies the means. The war on drugs continues.

 

[ZX9RCAM]

Well, things were different then when I was growing up.

 

[grasshopperglock]

Well, things were different then when I was growing up.

It's gotten more complex and things are more slippery. 20 years ago , you'd have to be holding someone hostage to get your door kicked in. Then 9/11 happened and every constitutional protection has been watered down to the point of nothing.

Today...You'll get your door kicked for the wrong Facebook post.

I don't like it either but they're the boss.