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March 21, 2006
Cops and robbers alleged drug dealers
When I was younger (i.e. still in high school and college), I used to instinctively defend police officers and departments against their critics. After all, the police are the "good guys," and second-guessing or criticizing them seemed like siding with criminals. Now that I've looked more extensivly into cases of police misconduct and questionable practices--and had a few minor personal experiences with cops whose attitude was somewhat short of "to protect and serve"--I'd say I have a healthy skepticism of police actions. (I also used to think gun control was a good idea when I was in high school...my worldview has become rather more libertarian in the last 10 years of my life.)
Libertarian blogger Radley Balko has spent a good deal of his time over the past several months on a tragic and disturbing case of a police action which led to the fatal shooting of a police officer. Balko quickly came to the conclusion that Cory Maye (the man who shot the officer) was unjustly convicted of capital murder. His advocacy for Maye's case has led to him making a personal visit to Maye's family in Mississippi as research for a magazine article.
The basic sequence of events was this. Police had search warrants to raid Maye's apartment and that of his neighbor (two halves of a duplex) on suspicion of possession and dealing of drugs. The neighbor complied and allowed police to enter. Maye did not respond when police arrived at his apartment, so they forced their way through his back door. When an officer entered the apartment, Maye fired three shots, one of which struck and killed the officer.
The details of the events, of course, differ significantly. Here is Maye's account (taken from Balko, who got it from a TalkLeft blog post, which apparently excerpted it from a local newspaper):
Cory Maye, 23, said he was asleep on a chair in the living room of his Prentiss apartment as his 14-month-old daughter slept in the bedroom when he heard a loud crash at his front door. "I immediately ran to my daughter's room, got a pistol, put in a magazine and chambered a round," said Maye, who is on trial for capital murder in Marion County. "As I laid on the floor by the bed, I heard kicks at the back door. I was frightened, I thought someone was trying to break in on me and my daughter."
Maye testified that it was dark in his apartment when he heard someone breaking into the back door, which was located in the bedroom. "That's when I fired the shots," Maye said. "After I fired the shots, I heard them yell 'police! police!' Once I heard them, I put the weapon down and slid it away. I did not know they were police officers."
Here is prosecuter Claiborne "Buddy" McDonald's version of the events:
The warrants were served at the same time by two teams. The testimony was that there were several announcements that they were the police and that they had a search warrant. The occupants in the apartment next to Maye's allowed entry after announcement and there was no resistance. Maye did not. Porch lights were on in the front of Maye's apartment and the uniformed officers and marked cars visible in the front yard and on the porch. The officers announced at the front door and then at the back door. The officer who killed was at the front door initially and then went around the back to the back door before entry was made.
Obviously, a great deal hinges on whether the police announced themselves and allowed Maye enough time to respond peacefully. Balko is very skeptical of the surviving officers' claims that they announced themselves. I'm a little more skeptical of Maye's version of the events, although it's certainly possible that the truth has been obscured due to the tension and confusion of the situation. Even if Maye did not knowingly kill a police officer, I think he had the responsibility to warn a perceived intruder that he was armed before firing. (I also wonder what those who are defending Maye think about the Amadou Diallo case, wherein officers testified they believed Diallo was threatening their lives by reaching for a weapon in his jacket.)
What I do agree with Balko on, however, is that insufficient evidence was obtained to justify a late-night raid on Maye's apartment. Balko is working on a paper about "paramilitary-style" police raids where police gain the element of surprise against suspects by giving little or no warning before bursting into a residence. It's not clear to me whether Balko thinks such raids are ever warranted. I think there are cases where they are, but there must be convincing proof that the targeted residence is a base of illegal activity and that there is no other feasible way to apprehend the suspects and preserve evidence.
Here, again, is the link to the category page that contains all of Balko's writing about the Maye case.
Posted by Eric Seymour at March 21, 2006 06:40 PM
Posted by: Joshua Claybourn at March 21, 2006 07:08 PM | permalink
"Balko is working on a paper about "paramilitary-style" police raids where police gain the element of surprise against suspects by giving little or no warning before bursting into a residence. It's not clear to me whether Balko thinks such raids are ever warranted."
I'll never forget that horrifying video of ATF "SWAT" Officers being slaughtered in the Branch Davidian raid because they, as one commentator put it, didn't seem to understand the difference between cover and concealment - it sounds like this might have been a similar situation. I would hope that officers doing this type of raid (at least the first ones in) are trained to wear sufficient body armor that death from handgun injuries is extremely unlikely, that an assailant who can't see you can still shoot you, and that the people in the venue being raided may not believe that you really are police officers (in fact raids like this should operate on that assumption).
Posted by: J at March 22, 2006 02:10 PM | permalink