Man claims self defense for shooting DEA agent in no knock raid
Well, if someone is busting in my door at zero dark thirty, they’re probably getting shot. The State:
A criminal trial expected to be closely watched by law enforcement and gun owners around South Carolina opens Monday in federal court in Columbia.
At issue: whether Joel Robinson, 32, is guilty of a crime for shootinga DEA agent in the first few seconds of a surprise federal law enforcement raid last October at his Orangeburg house.
Agents expected to find a cache of drugs, but a search of the premises found nothing but a small amount of marijuana for recreational use, according to legal records in the case.
Robinson is expected to claim self-defense, saying he did what any citizen would have in assuming he was the target of a home invasion – grabbing a gun and firing a half-dozen shots in the direction of those he assumed were home invaders.
But the person struck by a Robinson bullet was DEA agent Barry Wilson, one of more than a dozen law officers surrounding the house. The bullet broke bones in Wilson’s right elbow and forearm. His recovery likely will take more than a year and he is expected to lose some use of that arm, according to testimony in a pretrial hearing.
February 8th, 2015 at 2:55 pm
The Feds are expected to argue that the Sirens and blue lights should have alerted them to the Police Presence..
That just leaves one Question… WHY WAS IT A KNOW KNOCK RAID THEN??? Sirens and lights defeat the purpose of a no knock raid..
February 8th, 2015 at 4:35 pm
Were the sirens and blue lights displayed AFTER the raid, or after they broke in the door, or just when?
If they were turned on right as the door was busted open or later then one does not have time to know if the lights and sounds are cops or not.
February 8th, 2015 at 9:59 pm
I have a straightforward view with regard to no knock raids and warrants in general. I start with the Fourth Amendment:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
For those interested in the Second Amendment that fall back on “shall not be infringed”, I go to the Fourth Amendment for “shall not be violated”.
For me, a properly executed and presented warrant is the only exception to the general principle of “shoot the home invaders”.
I accept the possibility that there may be circumstances that warrant a no-knock assault. If I’m on the jury considering the situation, however, the police will have to have done all the preparation correct: no wrong addresses, executed when the critical suspects are in place, and all their justifications for the no-knock had better pan out. Otherwise, if one of them gets shot, I’m going to have to look to the Fourth Amendment for guidance, and let the shooter off because Mister Bad Ass SWAT’s-so-cool Sleuthing’s-too-hard Law Enforcement Officer forgot the Fourth Amendment was part of the supreme law of the land and must be enforced and complied with before every other exigency.
February 8th, 2015 at 11:01 pm
Yeah, I’m with the civilisation-hating anarchist, Tirno. Ain’t he special though, with his Constitution and all.
“Just careful police work”: I don’t want to be bandying about cutting-edge technology that might have been Inside Baseball 20 years ago, but it is insanely simple to get the address right for a raid. It does require about a half-day’s advance planning though, and letting someone else in on a teensy bit of input information, someone else who is also a government employee with a clearance and who won’t really know what you’re up to, other than you want to verify what house this is.
Seems like every jumped-up desk sergeant thinks he’s all NSA n’shit nowadays. They get warrants, or the modern-day equivalent permission slip, for these missions, right? It’s about time for the guy whose signature is on that paper to stand up under the hot hearing-room lights over his failure to monitor its execution (term used advisedly).
Both citizens and front-line cops are dying for this arrogant managerial stupidity. An old boss of mine used to say, in a sort of street-talking “encourager les autres”:
“Wanna impress ’em? Pop one.”
February 8th, 2015 at 11:24 pm
I am with Tirno 100 percent. We had a case in nearby Chesapeake, VA where a police officer was killed during a dynamic entry. The subject of the search went to work every morning and a couple of officers with a warrant could have intercepted him on the way to his car and served a search warrant. Instead, on the word of a person with zero credibility, they did a no knock in the wee hours. When his dog went ballistic and the door crashed in, he fired a shot which tragically killed a policeman. Virtually nothing ( and none of the hundreds of plants being cultivated ) was found. Said subject is in prison for a very log time.
February 9th, 2015 at 1:59 am
Same here, 100% agree with Tirno!
February 9th, 2015 at 4:33 am
Notice that the government wants to seize the suspect’s house in addition to the guns, even though they didn’t find anything to suggest he was anything other than a recreational smoker. Asset forfeiture at work. It’s all about the money.
February 9th, 2015 at 11:21 am
Interesting that one of his lawyers is Dick Harpootlian, best known for being a bigshot in the South Carolina Democratic Party and getting in the press around presidential primary time for saying politically incorrect things.
February 9th, 2015 at 1:09 pm
We’ll see how this plays out. I do hope we can get away from no-knock raids at wrong addresses — and an awareness, by the police, that if they bust down the wrong door, they will be treated as home invaders if they act like home invaders. (I honestly don’t see why this needs to be complicated. If the police feel they must bust the door down and come in with overwhelming force, so be it — but is it too much to ask that one of the officers on the scene HAVE THE WARRANT, and be prepared to display it, on request, to the homeowners? Is it too much to ask that the police identify themselves as such, complete with name and rank and badge number, so that Officers of the Peace can be distinguished from mob assassins?)
In the meantime, Joel Robinson is very lucky to be alive. I wish him well.
February 9th, 2015 at 6:02 pm
Even if the lights and siren were on BEFORE they broke down the door, how was the resident supposed to determine, in the dark, that they weren’t criminals fleeing from the police, and possibly looking for hostages?
February 9th, 2015 at 6:53 pm
I have to say… “shall not be violated” is pretty clear, like “shall not be infringed”.
Just cause some bad guys might destroy evidence does not mean they can volatile the Constitution.
February 10th, 2015 at 12:55 pm
If I’m on that jury… Not Guilty by reason of Self Defense.
In my state that also means that the State pays all his legal fees.
February 10th, 2015 at 6:21 pm
Of course, there surely are NO cases where criminals have shouted “POLICE!!!” right before smashing their way into a residence.
Happiness is a dead pig. And it’s time for their families to enjoy the fruits of their labors under their very own Rules of Engagement.
February 10th, 2015 at 7:02 pm
All this over drugs. These aren’t even police. There wasn’t even the assertioon of a rights violation, i.e. there wasn’t even a crime. They’re chemical cops. Prohibition enforcers. They have no constitutional grounds for anything they do.
So you go in armed, and bust a door in someone’s home because you suspect some guy has chemicals that some other guys say are “morally wrong” or something? You’re a criminal, and should be dealt with accordingly. The fact that you get a federal paycheck doesn’t change the situation– You’re still a God damned, scum-sucking criminal.
February 10th, 2015 at 7:15 pm
Besides; anyone can employ flashing blue lights, and flash a fake badge. Flashing blue lights and fake badges are easy to come by. Doesn’t make you any less of a violent criminal. You bust my door in, you’re getting hot lead. You can plead your stupid-shit case later, if you live through it.
If you actually do have legitimate business, you’ll knock, politely announce yourself, and present any warrants, just like a real cop. Don’t like it? Then why the fuck are you pretending to be a cop? Fuck off and get some other job.
February 11th, 2015 at 10:56 am
That, Right Wing Wacko, is while you will NOT ever be on such a jury. Unless, of course, it is a jury for a pig who has murdered a Mere Citizen. In those cases, such jurors are the ONLY ones they want.
This country’s “Legal” system is every bit as foul and corrupt as its “Law Enforcement”. If you shoot one of the maggots, kill EVERY ONE OF THEM. And then see if any carried ID with them. If so, then go kill their whores. THAT will send an appropriate message to the rest of their Brothers in Blue…