Melbourne man hurt as police hit wrong residence-UPDATE

This is a discussion on Melbourne man hurt as police hit wrong residence-UPDATE within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; http://www.floridatoday.com/apps/pbcs.dll/frontpage Man hurt as police hit wrong residence Melbourne SWAT raid under review BY J.D. GALLOP • FLORIDA TODAY • May 7, 2009 MELBOURNE -- ...

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Thread: Melbourne man hurt as police hit wrong residence-UPDATE

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    VIP Member Array miklcolt45's Avatar
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    Melbourne man hurt as police hit wrong residence-UPDATE

    http://www.floridatoday.com/apps/pbcs.dll/frontpage

    Man hurt as police hit wrong residence
    Melbourne SWAT raid under review

    BY J.D. GALLOP • FLORIDA TODAY • May 7, 2009

    MELBOURNE -- Andre Moody was resting in his apartment when he heard the back door crash in, then a loud explosion.

    Within moments, the disabled 57-year-old Army veteran said he was pinned to the floor, a black boot pressed against his back as uniformed men with weapons shouted, "Get down, get down!"

    "I was petrified, scared," Moody said Wednesday as he stood in the doorway of his small Kenwood Apartment residence in the 800 block of University Boulevard. "But the police came in here, and they had the wrong apartment."

    News of the botched daytime raid by the Melbourne Police Department's SWAT team prompted Chief Don Carey to order an internal review of the April 29 operation that targeted the wrong apartment with a search warrant.

    "We went into the wrong location. The target was right next door, and neither was marked," Carey said Wednesday.

    Carey praised the department's tactical team. The team trains to capture or subdue potentially armed suspects.

    "I looked at the briefing material, and everything was done well, but I want us to step back and interview witnesses, retrace our steps and fix any problems. We want to figure out what went wrong," Carey said.

    "They're well-trained, professional and dedicated," he said of the SWAT team.

    Moody said his elbow was broken during the raid. Police said Moody refused medical treatment on the night of the raid and that they were not informed of his subsequent injury claim.

    "I'm still in pain, but I understand that the police were just doing their job," he said. "They had a lieutenant call and apologize."

    The raid was one of dozens of paramilitary-style tactical operations typically carried out by Brevard County law enforcement agencies each year. But civil libertarians often cite reports of rough treatment, even as officers say they must protect themselves from dangerous suspects.

    Last year, there were at least 10 cases nationwide in which police accidentally targeted the wrong location, according to a study by the Cato Institute, a think tank in Washington, D.C. Melbourne officials said the incident was their first case in which SWAT team members raided the wrong residence.

    In Moody's case, SWAT team members quickly determined that they had the wrong apartment and went next door.

    Because the case is under internal investigation, details about exactly what happened are being withheld, officials said. But public records show that SWAT team members found Niya McMullin, 29, on a patio after Moody's apartment was stormed. Police smelled marijuana emanating from her apartment, the reports show.

    Inside McMullin's apartment, police found more than 200 grams of the illegal drug in a purse that had been stashed under the kitchen sink, reports show.

    McMullin was charged with the possession of cannabis and the possession of a controlled substance and was taken to the Brevard County Detention Center in Sharpes, reports show.

    City maintenance crews later repaired the damage at Moody's apartment. Inside the apartment, a black stain from an explosive device still scars the kitchen floor.

    Moody, who has a plate in his head because of a 2005 brain injury, said he is seeing VA doctors for his broken elbow.

    "I think something will be done about it," Moody said, his left arm in a sling.

    "I would tell them that if you do something like this, plan it good. . . . Make sure you have the right apartment, the right number."

    The findings of the investigation will be presented to the chief within a 180-day period, Carey said.
    It sounds like they are being pretty transparent. Hopefully that will help ease the upset these incidents cause. Also, hopefully a review will help prevent this from happening again.

    Tough situation for all involved.
    Last edited by miklcolt45; May 7th, 2009 at 09:47 AM. Reason: add link and page 2
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    Distinguished Member Array Bunny's Avatar
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    Agreed. As a side note, I wonder about this 10 cases thing. 10 cases out of how many? I would think the percentages were so minuscule that the newspaper had to report "10 cases" to make it seem like a bigger number than, oh... something like .003 percent. (Just a made-up number on my part.)
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    Senior Member Array lance22's Avatar
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    It goes to show how well they stake out these houses: Not at all.
    It goes to show how much they know about the occupants: Nothing.

    In MN last year we had a few of these. On one they claimed that there was six months of research shared by two local and two Federal agencies. They made their move. Wrong house.

    Basically, I'm calling them liars. If they staked out real criminals they'd know where they live. If they staked out the wrong house (the ones they raided) then they would have no criminal activity to report. Either way it's bogus. And that's why I think their "research" is code-speak for "we don't know what we are doing".

    One of the botched raids in MN last year was due to an anonymous tip ... which of course is another means of "solid research".

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    VIP Member Array Janq's Avatar
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    The Lt. should not have called to apologize.

    He should have driven over long with the Captain or Chief in tow to apologize in person to his face, and brought along with them a PO toward a replacement door.

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    Member Array Glock30SF's Avatar
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    These things make me ! I don't care how small the numbers are. If you or I happen to be in those numbers do you think we will care if it only happens .0003% of the time! Someone busts my door in and it is not going to be pretty. And if my wife and kids are home.....I don't even want to think about it. And some how I could just see if they killed me how they would be on the news saying it was my fault
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    Senior Member Array Gun Bunny's Avatar
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    I'm with all of you!

    Why do they need to go in all "tactical" over some pot? I can see if they are bank robbers, murderers, and anyone that possibly be threat to the public!

    I want our LEOs to be safe, but I've read reports that this has happened before, and over some pot plants growing in the back yard, and an officer died! Is it really worth it?

    If the "perps" are known to have guns (stake-outs would most likely confirm that), then yes! If not, there are other ways to catch them in the act!
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    Huh?

    ...retrace our steps and fix any problems. We want to figure out what went wrong...

    I hope that they can figure out that they wentintothewronghouse...how hard can that be?

    I still have trouble figuring out how someone who fires upon an unknown person entering their home without notice, who turns out to be LE, can be charged with a crime. Cops are good people, but so are lawful citizens...
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    Member Array dgraing's Avatar
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    Quote Originally Posted by retsupt99 View Post

    I still have trouble figuring out how someone who fires upon an unknown person entering their home without notice, who turns out to be LE, can be charged with a crime. Cops are good people, but so are lawful citizens...
    There's a serious double standard here. If I shoot a police officer (unknown to me that they are officers) when they wrongly break in to my house I'll get charged with Murder, no questions asked. If they shoot me on accident during a raid (regardless of whether I'm a criminal or not), it will be ruled an accident and that will be the end of it. My family might get some money but there won't be any charges pressed.

    It's unfortunate but that's the way it is.

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    And the intended target was found with 200 grams of pot. About 7 oz. Major drug dealer off the streets. So does SWAT go out and use forced entry to arrest people for misdemeanors now?

    If this woman was building a bomb or had a meth lab, I'd understand. But help me with the reason for SWAT and no knock warrant in this case.

    Think they used a flash bang grenade on the neighbor's apartment? ;-)

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    Distinguished Member Array P7fanatic's Avatar
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    Cool

    Quote Originally Posted by Bunny View Post
    Agreed. As a side note, I wonder about this 10 cases thing. 10 cases out of how many? I would think the percentages were so minuscule that the newspaper had to report "10 cases" to make it seem like a bigger number than, oh... something like .003 percent. (Just a made-up number on my part.)
    Irrelevent.
    Too many times the wrong residence has been hit by these SWAT teams and innocent people have died. Many of these 'home invasions' don't even require a SWAT team for what they are trying to accomplish. It's as though they use them for training actions sometimes. More preperation is needed for sue.
    And Janq, I agree with you. The Lt. should not have called. At the least he should have gone over in person with the Chief. My 2 cents.


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    Quote Originally Posted by dgraing View Post
    There's a serious double standard here. If I shoot a police officer (unknown to me that they are officers) when they wrongly break in to my house I'll get charged with Murder, no questions asked. If they shoot me on accident during a raid (regardless of whether I'm a criminal or not), it will be ruled an accident and that will be the end of it. My family might get some money but there won't be any charges pressed.

    It's unfortunate but that's the way it is.
    I believe it ws in Georgia a couple years ago the wrong house was hit. An old lady (80 years or so) was killed by the home invading SWAT team. Sad.
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    Member Array Holger's Avatar
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    Quote Originally Posted by P7fanatic View Post
    I believe it ws in Georgia a couple years ago the wrong house was hit. An old lady (80 years or so) was killed by the home invading SWAT team. Sad.
    No, that wasn't a SWAT team. It was three detectives who were subsequently charged with crimes.

    Ex-cops apologize for deadly drug raid ahead of sentencing - CNN.com

    No-knock raids should outlawed nation-wide. I've never done drugs, don't support legalization, and like cops. However, I despise the militarization of our police forces and think no-knock raids are senseless, pointless, dangerous as hell for all involved, and unconstitutional.

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    Distinguished Member Array P7fanatic's Avatar
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    Quote Originally Posted by Holger View Post
    No, that wasn't a SWAT team. It was three detectives who were subsequently charged with crimes.
    I sit corrected. I'm glad they were held accountable and it looks like it also served to correct deficiencies in the dept. Too bad the 92 yr old had to pay for it with her life.


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    Senior Member Array Phillep Harding's Avatar
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    Research "Fourth Generation War". Especially note the recommendations that arrests be made at night so there are no witnesses.

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    Ex Member Array JOHNSMITH's Avatar
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    The problem isn't in how many happen a year, because it only takes one, and in your home, for it to suddenly matter.

    What happens if you try to return fire or even grab a gun? They'll kill you instantly with overwhelming firepower - no questions asked. The media will make it seem like your fault for being some nutty gunowner, and suggest that you deserved to die anyway.

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