Pubdate: Mon, 13 Sep 1999 Source: San Jose Mercury News (CA) Copyright: 1999 Mercury Center Contact: http://www.sjmercury.com/ Author: Joanne Jacobs, Mercury News editorial board Note: Ms. Jacobs may be contacted at 750 Ridder Park Dr., San Jose, CA 95190, or e-mail to articles on the killing of Esequiel Hernandez are available at http://www.mapinc.org/dpft/hernandez/ MILITARY TACTICS ON DOMESTIC SOIL HAVE DEADLY RESULTS Citizens Are Getting Caught In The Cross-Fire LATE at night, armed men shot their way into the home, set off a "flash-bang" grenade, then ran into a bedroom where a man and his wife had been sleeping. One of the gunmen shot Mario Paz, a 64-year-old grandfather, in the back twice. Paz, head of a hard-working, law-abiding Compton family, was killed on Aug. 9 by a police officer from El Monte who says he thought the retiree might be reaching for a gun. The SWAT team was looking for evidence against a former next-door neighbor, a suspected drug dealer who occasionally used the Paz mailing address. Police had no evidence against anyone in the household and found none during the raid. Nobody in the family has a criminal record. Despite that, they launched a military-style raid, shot a man for looking like he might be trying to defend himself against violent intruders and then handcuffed the survivors, including the victim's wife, and took them to a police station for questioning. Police found three guns and a rifle, purchased for self-defense in a crime-ridden neighborhood, the family said. The weapons were not in reach when Paz was shot, his widow told the Los Angeles Times. Maria Luisa Paz said he was trying to give money to the gunmen, assuming they were robbers. Police seized $10,000 in cash, hoping to keep it as drug profits. Mrs. Paz produced a withdrawal slip showing her husband had withdrawn the money -- his life savings -- from his bank account that day. He was afraid of Y2K. No drugs were found in the search. The El Monte police and the Los Angeles County Sheriff's Department are investigating the raid. Federal authorities are checking to see if Paz's civil rights were violated. Naturally, the survivors are suing. But, despite excellent reporting by the Los Angeles Times, there's been little outcry about the police invasion of the Paz home. We expect people to die in drug raids, including the occasional unarmed grandfather. It's what happens when a heavily armed SWAT team breaks into a home, primed to shoot not to "protect and serve." When police treat citizens as the enemy, operate in communities they don't know and rely on overwhelming firepower, they are soldiers of an invading army. Mario Paz is just another casualty in the drug war. The drug war has militarized law enforcement. Collateral damage includes the 80 or so Branch Davidians -- nobody knows the exact number -- who died in the flames of Waco in 1993. In its war with David Koresh's religious sect, the FBI used military helicopters, tanks, armored personnel carriers and weapons -- apparently including pyrotechnic military tear-gas grenades. The gas grenades were lobbed into the cultists' compound before the fatal fire broke out. Just two grenades shot off hours too early to be a factor in the fire, says the FBI. But after six years of claiming that no pyrotechnics were used at any time, noway nohow, the FBI has no credibility. Attorney General Janet Reno, who "took responsibility" after the assault, says she was clueless, and therefore bears no responsibility. So John Danforth, a former Republican senator, has been named to investigate "whether there was a cover-up and whether the government killed people," as he put it last week. Danforth also will investigate whether there "was any illegal use of the armed forces," Reno said. More than a month before the final assault, Delta Force commandos were sent to observe the siege, advise the FBI and report back to the Defense secretary and Joint Chiefs of Staff, according to documents released to the New York Times. If Delta Force commandos participated in the Waco assault, that's a no-no. The military isn't supposed to make war on U.S. soil. Except to fight the drug war. A Marine anti-drug patrol shot and killed a Texas teenager two years ago. Reno's Justice Department found the civil rights of Esequiel Hernandez Jr., 18, had not been violated. Nobody was held accountable for his death. Not the corporal who fired the shot. Not the drug warriors who sent the Marines to do a law enforcement job. Danforth said last week that his mission is to investigate bad acts, not to ask "dark questions" about bad judgment. He will not look at how the siege started, with a bloody, botched raid by Alcohol, Tobacco and Firearms agents. He will not ask if the government's aggressive tactics created a catastrophe. Republicans in Congress will wade in, but they're so eager to sink Reno they're likely to miss the deeper issue. When police officers play soldier and soldiers play police, Americans die. Joanne Jacobs is a member of the Mercury News editorial board. Her column appears on Mondays. Write to her at 750 Ridder Park Dr., San Jose, CA 95190, or e-mail to . - --- MAP posted-by: Thunder