Pubdate: Thu, 23 Jul 2015
Source: Times, The (Gainesville, GA)
Copyright: 2015 Gainesville Times
Contact: http://www.gainesvilletimes.com/forms/editorletter/
Website: http://www.gainesvilletimes.com/
Details: http://www.mapinc.org/media/2701

DEPUTY SHERIFF INDICTED IN NO-KNOCK WARRANT CASE THAT INJURED TODDLER

A federal grand jury has indicted a Habersham County deputy sheriff 
on charges of falsifying information to obtain and execute a 
"no-knock" search warrant for drugs last year that employed the use 
of a flash grenade and seriously injured a young child.

Nikki Autry, 29, of Clarkesville, a former special agent of the 
Mountain Judicial Circuit Criminal Investigation and Suppression 
Team, will be arraigned this week on charges of civil rights 
violations related to unreasonable searches and seizures and arrest 
without probable cause.

Officers raiding a home in Cornelia in May 2014 used a flash grenade, 
which creates a bright flash and loud bang to distract suspects, to 
enter the residence of an alleged methamphetamine dealer.

The grenade landed inside the playpen of a sleeping 18-month-old boy, 
Bounkham P. "Bou Bou" Phonesavanh, causing severe burns to his face 
requiring a medically-induced coma.

The Habersham County government reached a settlement agreement with 
the boy's family earlier this year.

The agreement totals $964,000 paid through the National Fire 
Insurance Co. policy for the Habersham County Sheriff's Office. More 
than $500,000 will go toward medical expenses.

The settlement ended the claims brought against the sheriff's office.

Now, federal investigators say the raid never should have happened in 
the first place.

According to the indictment, Autry, a 10-year veteran of the 
sheriff's office, and other members of the NCIS team were attempting 
to purchase narcotics during an undercover operation when an 
unofficial informant claimed to have bought methamphetamine from an 
unknown individual at the Cornelia home.

Though police surveillance was not adequate to verify the purchase, a 
judge signed off on the warrant based on information provided by 
Autry, according to the indictment.

"Without her false statements, there was no probable cause to search 
the premises for drugs or to make the arrest," John Horn, acting U.S. 
attorney for the Northern District of Georgia, said in a news release 
Wednesday. "And in this case, the consequences of the unlawful search 
were tragic."

Authorities say Autry knew the informant was not reliable and had not 
purchased any methamphetamine from anyone at the home.
- ---
MAP posted-by: Jay Bergstrom