Pubdate: Sun, 06 Feb 2000
Source: Denver Rocky Mountain News (CO)
Copyright: 2000 Denver Publishing Co.
Contact:  400 W. Colfax, Denver, CO 80204
Website: http://www.denver-rmn.com/
Authors: Hector Gutierrez and Ann Carnahan, Denver Rocky Mountain News
Staff Writers

2 ARRESTED, DRUGS FOUND DURING RAID ON HIGH ST. HOUSE

An innocent man is shot to death, a cop faces criminal charges, public
faith in the police has been rocked - and so far, the consequences are that
a 12-year-old has been arrested and a 24-year-old has received 18 months'
unsupervised probation.

The two were nabbed in December in another no-knock raid at a suspected
crack house at 3742 High St., next door to the home where police shot and
killed Ismael Mena on Sept. 29.

Police targeted the wrong house when they killed Mena, who lived at 3738
High St. They returned Dec. 7 and raided the home next door, where they
found drugs and made two arrests.

The 12-year-old, arrested on three drug charges, was released after his
mother posted $1,000 bail, Denver District Attorney Bill Ritter said
Saturday. The youth failed to appear at a hearing a few days later and
hasn't been seen since.

The 24-year-old, Robert Foster, pleaded guilty to a misdemeanor charge of
possession of marijuana and was sentenced to unsupervised probation and 24
hours of community service.

Robert M. Maes, the attorney for Mena's family, was stunned.

"If that's all the justice they're seeking on this war on drugs, they're
paying a pretty heavy price," Maes said. "They kill an innocent person,
raid two houses and they convict on a misdemeanor?"

Denver Safety Manager Butch Montoya did not return a message left at his
home Saturday to respond to Maes' comments.

Police Chief Tom Sanchez could not be reached for comment.

Ritter said police are still investigating the home at 3742 High St., which
is now boarded up.

SWAT officers entered it Dec. 7 a few hours after an undercover officer
bought $60 worth of crack cocaine there, according to the search warrant
affidavit.

They arrested Foster and the boy and confiscated 10 grams of crack cocaine
valued at $1,000.

Foster, who originally faced a felony drug charge, was allowed to plead
guilty to a reduced charge because of "very difficult proof issues."

"Obviously that's an extremely lenient disposition," Ritter said of 18
months unsupervised probation.

Police did not find cocaine in the room where Foster was, Ritter said,
although he did have a crack pipe. Foster, whose arrest record includes
charges of burglary, assault, harassment and violation of a restraining
order, told police he had lived at the home for a month, Ritter said.

Police raided the home a few hours after the boy sold crack cocaine to an
undercover officer through a window, according to the affidavit.

Officers saw about 30 people go to the window during a two-hour period on
that afternoon, the affidavit said.

No-knock raids typically are conducted when police believe there may be
weapons in the home. On Dec. 2, an anonymous person called 911 and said
that individuals as young as 11 and 12 were selling crack at 3742 High St.,
and that 9 mm handguns were in the crawl space of the home, the affidavit
said.

The caller also said people in the home "would go to war with the police."

Ritter was questioned about the wisdom of armed police barging into a home
where they know a 12-year-old lives.

"It isn't about a 12-year-old," Ritter said. "There may be information that
leads people to believe that weapons are in the house, or when the evidence
you are seeking is easily destructible."

Ritter did not know whether weapons were found at 3742 High St.

In this case, the house was the target, not Foster or the youngster, Ritter
said.

"The people who suffer when there's a crack house are the people in their
community," Ritter said. "Their quality of life is very much affected."

A warrant has been issued for the boy, Ritter said.

Contact Hector Gutierrez at (303) 892-5204  ---
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