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Botched Raid Leads to Claim for $20 Million : Shooting: Poway executive was badly wounded when agents crashed into his home in search of drugs. None were found.

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TIMES STAFF WRITER

A Poway business executive shot by federal agents in August during a botched drug raid has filed $20 million in claims against the U.S. Customs Service, the U.S. Drug Enforcement Administration and San Diego County.

An attorney for Donald Lee Carlson, 41, filed the claims as a result of the Aug. 26 raid in which agents, acting on an informant’s tip that there was cocaine in the house, broke into Carlson’s home and shot him three times. Carlson, who returned fire, was hit in the leg, arm, back and chest.

Carlson was never charged in the shooting and no drugs were found. A federal grand jury was impaneled to look into allegations that agents relied on the word of a highly suspect informant, which led to two other unsuccessful raids.

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The informant, known only as Ron, told Carlson’s attorney, Raymond J. (Jerry) Coughlan Jr., that he never positively identified any house and was surprised to learn that agents carried through on the raids.

“The agents’ and their superiors’ conduct was, at best, negligent and, at worst, an intentional violation” of Carlson’s constitutional rights and a violation of federal and state laws, Coughlan wrote in the claims.

Although a search warrant was obtained for the raid on Carlson’s house, Coughlan said, there was no probable cause to believe that Carlson was involved in drug dealing or that the raid had to be conducted at night.

Agents banged on Carlson’s door shortly after midnight without identifying themselves, Coughlan said, and broke into the house. After Carlson was shot, agents arrested him, cuffed his hands and legs and left him bleeding on the floor, his attorney said.

Shortly after discovering their mistake, the agents and their supervisors lied about what they did that night, the claim states, “for the purpose of exonerating themselves.”

The claim describes a “conspiracy” in which an investigation into the events that night is being conducted to clear the agents rather than to find out what happened.

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In previous public statements, U.S. Atty. William Braniff said the grand jury investigation focuses on “drug violations” and on “false statements (made) to the government,” leading to speculation that the actions of the informant rather than the agents are more under scrutiny.

Carlson, who was shot in the right thigh, upper right arm and upper right back was treated in the critical care unit of Palomar Medical Center for about six weeks. His arm was in traction for seven weeks, and Carlson is still trying to regain the full use of the arm. He suffers from pain in his thigh after a bullet destroyed a vein.

Carlson’s diaphragm is paralyzed from the bullet that hit a lung and lodged near his spine. His lung capacity, Coughlan said, has been reduced by half.

Coughlan said Carlson’s medical expenses total about $350,000.

Times staff writer Alan Abrahamson contributed to this report.

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