2 officers plead guilty in death of 92-year-old

Two police officers pleaded guilty Thursday to fatally shooting a 92-year-old woman during a botched drug raid on her home, but prosecutors warned that an investigation into corruption in the Atlanta Police Department continued.

Gregg Junnier, 40, and Jason R. Smith, 35, pleaded guilty to voluntary manslaughter, violation of oath by a public officer, criminal solicitation, making false statements and civil rights conspiracy.

In exchange for cooperating with the federal corruption probe, the prosecutors dropped state murder charges against Smith and Junnier, meaning they will avoid life in prison. Sentences have not been set, but Junnier, who retired from the force in January, is expected to get about 10 years in prison; Smith, who is on administrative leave, is expected to be sentenced to about 12 years.

On the night of Nov. 21, plainclothes Atlanta police officers burst through the front door of Kathryn Johnston’s home after obtaining a no-knock warrant based on false information that drugs were sold there.

Johnston fired a single shot from a .38-caliber revolver, according to the Fulton County prosecutor. Ballistic evidence showed that she did not hit any of the six officers, but that they fired 39 shots, striking Johnston five or six times, including a fatal blow to her chest.

Assistant U.S. Atty. Yonette Sam-Buchanan said officers lied to a magistrate to get the no-knock warrant, claiming that a confidential informant had made a purchase at the address and that the house was fitted with electronic surveillance.

After the shooting, Smith allegedly planted three bags of marijuana in the basement of Johnston’s home and then called an informant to ask him to pretend the three officers had sent him to the address earlier to purchase drugs.

The next day, Smith and Junnier allegedly met to fabricate a story before meeting the department’s homicide detectives.

“I just want to express to court how regretful I am,” Smith said quietly in Fulton County Superior Court after pleading guilty to the state’s charges. “I’m sorry.”

U.S. Atty. David Nahmias said Junnier and Smith would help federal and local officials continue “our very active ongoing investigation into just how wide the culture of misconduct” proliferated within the Atlanta Police Department.

A third officer in the shooting, Arthur Tesler, 40, was charged with violation of oath by a public officer, false statements and false imprisonment. He has vowed to fight the charges.

“This is a sad day for the department, but justice has been observed,” Atlanta Police Chief Richard Pennington said Thursday after watching Smith and Junnier plead guilty to the federal charge of violating Johnston’s civil rights.

“I can’t explain why officers felt they had to make up a story,” Pennington said. “We don’t train our officers to lie.”

Representatives of Johnston’s family rejoiced as they filed out of the courthouse.

“The family always hoped some good would come out of this tragedy,” said the Rev. Markel Hutchins, a local civil rights activist who has acted as a spokesman for Johnston’s niece Sarah Dozier. “We hope this marks the beginning of weeding out corruption in the Atlanta Police Department.”

At a joint news conference of federal and state officials, Hutchins said he “prayed with mercy” for Atlanta’s police officers, who needed more support, compensation and training.

Yet others expressed concern that the plea agreement -- which reduced a murder charge to voluntary manslaughter and dropped burglary and assault charges -- was too lenient.

“We in this community are saying: What is the value of black life and what is the value of a grandmother?” said state Rep. “Able” Mable Thomas, a resident of Johnston’s largely poor black neighborhood. “We think these officers have done a big crime and they need to serve a big time. We love mercy in this community, but we want justice.”

The botched raid provoked criticism of the use of no-knock warrants in Atlanta.

After attending several stormy community meetings, Pennington asked the FBI to head a multi-agency investigation into the shooting. He has introduced some changes, such as mandating that supervisors sign off on narcotics operations and no-knock warrants, and requiring drug tests for officers.

Though prosecutors alleged that the officers falsified affidavits for search warrants to meet department performance targets, Pennington insisted the police force had no quotas.

Prosecutors said they had evidence that other Atlanta officers had made false statements to state magistrate judges to obtain search warrants.

Cases in which Smith and Junnier were involved could now be jeopardized.

Dist. Atty. Paul Howard said law enforcement officers were investigating hundreds of cases. At least 10, he said, involved people still behind bars.

jenny.jarvie@latimes.com