Pubdate: Fri, 19 Jun 2009
Source: Augusta Chronicle, The (GA)
Copyright: 2009 The Augusta Chronicle
Contact: http://chronicle.augusta.com/talk/letters/
Website: http://chronicle.augusta.com/
Details: http://www.mapinc.org/media/31
Author: Greg Bluestein, Associated Press

EX-COP SENTENCED TO PRISON FOR BREAK-IN

ATLANTA -- A former Atlanta police sergeant was sentenced Friday to 18
months in federal prison for breaking into and searching an apartment
without a warrant in a case that grew out of the federal probe of the
fatal police shooting of a 92-year-old woman.

Wilbert Stallings, 45, also was sentenced to two years of supervised
release after pleading guilty last year to a federal charge of
conspiracy to violate civil rights.

Stallings and other officers used a warrant to raid an apartment in
October 2005. Then, after finding drugs in nearby bushes, they decided
to break down the door of an adjoining apartment they did not have a
warrant to search, prosecutors said.

When they found no drugs in the adjoining apartment either, Stallings
told the officers to shut the apartment's door in hopes that the
resident would assume it was a break-in, according to court documents.

"Today's sentence should send a message that police officers are sworn
not just to enforce the law but, like all citizens, to obey it," said
U.S. Attorney David Nahmias.

Prosecutors say the crime was part of a larger pattern of misconduct
by Stallings and his team that was uncovered during the investigation
into the shooting of Kathryn Johnston during a 2006 botched raid at
her home.

After receiving an incorrect tip from a known drug dealer, police used
a "no-knock" warrant to enter Johnston's house to look for drugs. As
they tried to break in, Johnston fired a single shot through the door
with a rusty revolver and the officers fired 39 bullets in return.

The shooting prompted an investigation of the Atlanta Police
Department and closer scrutiny on no-knock warrants, which are usually
used to search for drugs and weapons. The department tightened its
warrant requirements and shook up its narcotics unit.

Federal prosecutors say the misconduct didn't stop at the illegal
break-in. They say Stallings allowed his team to get paid on the side
by working "extra jobs" and they were allowed to pad payment vouchers.

The officers also used unregistered drug informants as "confidential
and reliable" sources to sway judges to give them search warrants,
according to court documents.

The investigation has yielded federal prison sentences for three other
former Atlanta police officers -- Jason R. Smith, Gregg Junnier and
Arthur Tesler. The three, who were involved in the Johnston raid,
received sentences ranging from five years to 10 years in February.

Nahmias said, "Sergeant Stallings should feel fortunate that the
resident in this case was not home and not armed, or this civil-rights
conspiracy could have had the same tragic end as the one that took the
life of Kathryn Johnston the following year."
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