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This Week's Corrupt Cops Stories

A lying Philly narc gets pretrial diversion after prosecutors admit it's hard to convict a cop, and a trio of sticky-fingered cops gets caught with their hands in various cookie jars. Let's get to it:

In Philadelphia, a Philadelphia narcotics officer agreed to enter a pretrial diversion program last Tuesday after he admitted perjuring himself during trial testimony. Officer Christopher Hulmes also agreed to leave the force and never try to rejoin it. Prosecutors said they reached the unusual agreement with Hulmes because the recent acquittals of other officers accused of misconduct demonstrated convictions of cops were hard to come by. Hulmes had admitted lying in a drug case in order, he said, to protect a snitch's identify. He was originally charged with perjury, obstruction of justice, and related counts for falsifying paperwork used to justify drug arrests.

In Shelbyville, Kentucky, a Simpsonville police officer was arrested last Tuesday on charges he stole $30,000 worth of guns and drugs from his own department. Terry Putnam is charged with theft, criminal mischief, and official misconduct, and has a trial date set for January.

In Shreveport, Louisiana, a Shreveport police officer was arrested last Tuesday for stealing guns and possessing drugs. Officer Bernice Lefeat, a 6-year-veteran, is charged with possession of Schedule II drugs, possession of a legend drug without a prescription, malfeasance in office, and two counts of theft of a firearm. The arrest came a week after he was placed on unpaid administrative leave following allegations of policy violations.

In New Bern, North Carolina, a former New Bern police officer was arrested last Tuesday for allegedly stealing property from a couple during a drug raid. Bradley Williams, 23, is accused of pocketing mechanical pencils and a piece of jewelry during the April raid. He resigned as a police officer when an investigation into the incident began. He is charged with obstruction of justice and misdemeanor larceny.

Chronicle AM: Sanders Endorses CA Init, Congress Moves to Help Vets Get MedMJ, More... (5/19/16)

Marijuana activists prepare to march on the White House, Congress moves on medical marijuana for veterans, Bernie Sanders endorses California's AUMA legalization initiative, and more.

The Democratic contender endorses California's AUMA legalization initiative. (senate.gov)
Marijuana Policy

Marijuana Legalizers, Veterans to Protest at White House Friday. A demonstration headed by the DC Cannabis Campaign and Weed for Warriors is set for the White House Friday after the Obama administration failed to respond to the groups' requests for "higher level consultations" following an initial meeting with White House staffers last month. Organizers are saying the event won't be a smoke-in, but it will come close. "This will be an unpermitted event with mass cannabis consumption and escalated civil disobedience," demonstration promotional materials say.

Bernie Sanders Endorses California's Legalization Initiative. Democratic presidential contender Sen. Bernie Sanders endorsed the Adult Use of Marijuana Act (AUMA) legalization initiative at a rally in Vallejo Wednesday. "I do not live in California," the Vermont senator told supporters. "But if I lived in California, I would vote 'yes' to legalize marijuana." Sanders has previously supported legalization in general, but hadn't taken a stand on the AUMA.

Illinois House Passes Decriminalization Bill. The House voted Wednesday to approve Senate Bill 2228, which would decriminalize the possession of up to 10 grams of marijuana. Offenders would be hit with fines of between $100 and $200. Currently, possession is a misdemeanor punishable by up to six months in jail.

Medical Marijuana

Congress Moves to Allow VA Physicians to Recommend Medical Marijuana to Veterans. The House and Senate on Thursday approved amendments to the Military Construction and Veterans Affairs appropriations bill that should ease access to medical marijuana for veterans suffering from Post-Traumatic Stress Disorder (PTSD), serious wounds, and other debilitating conditions. The measure would bar the spending of federal funds to enforce a Veterans Health Administration policy that prohibits VA physicians from recommending medical marijuana, even in states where it is legal. Once the measure becomes law, VA docs would no longer face penalties for discussing medical marijuana with patients or for providing recommendations for patients to participate in state-legal medical marijuana programs.The House and Senate versions of the appropriations bill have to be reconciled by a conference committee and passed again by both chambers. The medical marijuana amendments passed 233-189 in the House and 89-8 in the Senate.

Louisiana Governor Signs CBD Cannabis Oil Bill. Gov. John Bel Edwards (D) Wednesday signed into law Senate Bill 271, which expands the state's existing cannabis oil program and expands the number of qualifying conditions. The bill also includes provisions for manufacturing cannabis oil in the state. Under the old law, there was no legal means of obtaining cannabis oil in Louisiana.

DEA Raids Montana's Largest Dispensary. The DEA, assisted by local law enforcement, has raided Montana Buds, the state's largest dispensary. Witnesses reported agents removing items from the dispensary. One woman was seen sitting hand-cuffed in front of the building. Agents had no comment other than to say that "this is now a federal investigation." The state Supreme Court ruled in February that dispensaries were illegal, but that ruling doesn't take effect until August. Earlier this week, state medical marijuana interests asked the US Supreme Court to overturn the state Supreme Court ruling.

Asset Forfeiture

Federal Bill to Reform Civil Asset Forfeiture Introduced. A bipartisan group of legislators Thursday introduced the Due Process Act, which would require that authorities in civil asset forfeiture cases prove there was "a substantial connection" between the property being seized and any criminal activity. Under current federal law, the burden of proof is on the owners of asset to show they are not derived from crime. The bill has not yet been assigned a number.

Harm Reduction

DC Expands Opioid Overdose Reversal Drug Access. The DC Department of Health has launched a pilot program to expand access to naloxone (Narcan), the overdose reversal drug. Previously, the drug had only been available at a single location in the city, but under the new plan, the drug will be available at two more locations, and harm reductionists will be handing them out at various other locations.

(This article was prepared by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also pays the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Chronicle AM: NH Decrim Back From the Dead, 4/20 MJ Sales Topped $37.5 Million, More... (4/27/16)

Americans spent a lot of money on weed for 4/20, Dana Rohrabacher endorses California's AUMU pot legalization initiative, New Hampshire decrim rises from the dead, and more.

Marijuana Policy

4/20 Pot Sales Hit $37.5 Million. Americans spent more than $37.5 million on legal marijuana purchases on the 4/20 stoner holiday, according to MJ Freeway, a global cannabis business seed-to-sale tracking software provider. That's up by more than 30% over 2015.

Conservative GOP Congressman Endorses California's AUMA Legalization Initiative. Rep. Dana Rohrabacher (R-Costa Mesa) has announced his support for the Adult Use of Marijuana Act (AUMA) legalization initiative. "As a Republican who believes in individual freedom, limited government and states' rights, I believe that it's time for California to lead the nation and create a safe, legal system for the responsible adult use of marijuana," said Rohrabacher. He is the second California congressman to endorse the initiative. Rep. Ted Lieu (D-Torrance) announced his support last week.

Michigan House Approves Marijuana Drugged Driving Study Bill. The House voted 107-1 Tuesday to approve House Bill 5024, which would create a commission to research and recommend a threshold for THC that would establish evidence of impaired driving. The bill now goes to the Senate.

New Hampshire Decriminalization Reemerges. The decriminalization bill had been killed, but the House Criminal Justice and Public Safety Committee voted 12-7 Tuesday to bring decrim back to life. The committee voted to amend Senate Bill 498, which deals with discretion in sentencing, to make possession of up to a quarter ounce of marijuana a civil infraction instead of a misdemeanor. The bill will come before the House next month.

Medical Marijuana

Utah Poll Finds Strong Support for Medical Marijuana. A new Utah Policy poll has two out of three (66%) of Utahns in favor of medical marijuana, with only 28% opposed. The poll comes after the legislature failed to pass a medical marijuana bill this year. If the legislators are listening to their constituents, they will pass it next year.

Law Enforcement

Family of Florida Man Slain in Marijuana Raid Awarded $500,000. The family of Derek Cruice, who was shot in the face and killed during a small-time marijuana raid in Deltona, Florida, in March 2015, will receive $500,000 in a settlement from Volusia County. Cruice was unarmed when he was shot in his living room by a Deltona police officer. The officer was never charged with a crime.

International

Israeli Police Won't Stop Busting People for Marijuana. Even though a former police commissioner has called for the country's police to reexamine their approach to marijuana in the face of increasing acceptance of its use, police aren't taking up the suggestion. Instead, police have decided that "enforcement policies should continue as they are." One police officer said he needed to be able to bust drug users in order to get at dealers.

Drug War Idiocy: One Indiana Deputy Killed, Another Wounded in Midnight Drug Raid Over a Syringe

Howard County Sheriff's Deputy Carl A. Koontz, 27, was shot and killed and Sgt. Jordan F. Buckley, 35, was shot and wounded in a midnight drug raid gone wrong Sunday night in Russiaville, Indiana. The target of the raid, Evan Dorsey, 25, was later found dead of a self-inflicted gunshot wound inside the mobile home that was raided.

According to Drug War Chronicle, which has been tallying deaths directly related to domestic drug law enforcement activities since 2011, the killings bring this year's total to nine. Over the past five years, drug war deaths have occurred at a pace of roughly one a week, and this year so far is right on track.

In this case, they died over a syringe. That's right -- as the Indianapolis Star reported, the deputies were serving an arrest warrant on Dorsey for failure to appear in court over possession of a syringe.

The deputies went to the mobile home where Dorsey was staying shortly after midnight Sunday. According to Howard County Sheriff Steven Rogers, they were part of a team that included sheriff's deputies, Kokomo police officers, and the Russiaville town marshal.

Rogers said officers knocked on the door and announced their presence, but got no answer. He said the deputies "were shot as they entered the home."

Roger's account (or the Star's reporting) doesn't make clear just exactly how officers "entered the home." No one answered the door, so they either just opened it and entered or broke it down and entered. In either case, there were now armed intruders in the residence in the middle of the night. They were met with gunfire from Dorsey.

A SWAT team was called to the scene, but got no response from Dorsey. Two hours later, the SWAT team entered the home and found Dorsey dead of a gunshot wound. An autopsy released Monday described the wound as self-inflicted.

The death of a sheriff's deputy and a citizen in this incident should call into question the decision-making that led to the fatal encounter. Is failure to appear in court for possession of a syringe such a serious offense that it requires a midnight drug raid? In a nation where owning guns is seen as an inalienable right, should police be risking their lives breaking into homes in the night when they could reasonably assume an armed resident might mistake them for intruders? And above all, in retrospect, was it worth it?

While some states have legalized the possession of syringes without a prescription, many continue to criminalize their possession through drug paraphernalia laws. In Indiana, possession of a syringe is a violation of the paraphernalia law, and possession of a syringe with any detectable amount of an illicit drug exposes carriers to drug possession charges.

Russiaville, IN
United States

Medical Marijuana Update

Michigan dispensaries get raided, a CBD cannabis oil bill comes back to life in Georgia, a CBD cannabis oil bill dies in Utah, Pennsylvania is just a couple of votes away from medical marijuana, and more.

California

On Monday, an appeals court upheld LA's ban on medical marijuana deliveries A three-judge appellate court panel upheld a lower court's decision to temporarily ban Nestdrop, an app that allowed people in the city to have marijuana delivered to their door. But the decision will have an impact beyond Nestdrop; the justices held that under the city's zoning law, Proposition D, all delivery services are barred from operating in the city.

Georgia

On Monday, the CBD cannabis oil bill wa revived. Supporters of House Bill 722, which would expand access to CBD cannabis oil, have resurrected the measure by attaching its language to an old Senate bill. It could go to a House vote as early as today. The bill would expand conditions that qualify for CBD cannabis oil and allow companies outside the state to ship it in. Language that would have allowed in-state marijuana cultivation to produce the oil was stripped out earlier in the House.

Michigan

On Sunday, dispensary raids sparked protests. Nearly a hundred people took to the streets outside the Michigan State Police Gaylord Post Sunday to protest raids against 12 Oswego County dispensaries two days earlier. The Straits Area Narcotic Enforcement (SANE) team led the raids, which were the second such law enforcement assault on patient access in the area in the past year.

On Tuesday, more raids were revealed. The West Michigan Enforcement Team (WEMET) has raided four dispensaries for allegedly selling medical marijuana to cardholders who were not their registered patients. Two were in Saugatuck, one in Allegan City, and one in Pullman. Twelve other Northern Michigan dispensaries were raided last week.

Nebraska

On Monday, a state medical marijuana political party was formed. Cornhusker activists tired of waiting for the legislature to act have formed a political party, Legal Marijuana Now Nebraska, and are preparing a signature drive to put medical marijuana to the voters. The will need to gather 6,500 valid voter signatures by August 1 to qualify for the November ballot.

Ohio

On Tuesday, the medical marijuana initiative campaign resubmitted initiative language. That didn't take long. Last Friday, Attorney General Mike DeWine (R) rejected the Ohioans for Medical Marijuana initiative because of deficiencies in its summary. On Tuesday, the campaign submitted revised language. After 20 days of review by state officials, the campaign will then have until July to gather 306,000 valid voter signatures to qualify for the November ballot. Pennsylvania

 

Last Thursday, a key House member said he would allow a vote on the medical marijuana bill this week. Ten months after the Senate approved Sen. Mike Folmer's Senate Bill 3, the House will finally vote on it this week. On Monday, the bill began to move. The House Monday night passed an amended version of Sen. Mike Folmer's Senate Bill 3. The vote comes 10 months after the bill passed the Senate. The bill still faces a final House vote and then must return to the Senate for its approval of the amended version. South Dakota Last Wednesday, the House killed a CBD cannabis oil bill. A bill that would have allowed for the use of CBD cannabis oil was killed in the House Wednesday on a 25-43 vote, with one "no" voter suggesting parents who lobbied for it should move to another state. The measure, Senate Bill 171, had already passed the Senate, and Republican Gov. Dennis Daugard had suggested he would sign it. Rep. Kristin Conzet (R-Rapid City) told people suffering seizure disorders they should move elsewhere. "I don’t like the road that we’re going down at this time," she said. "This is not a bill for South Dakota." 

Utah

Last Thursday, the legislative killed a CBD cannabis oil bill. First, lawmakers killed an actual medical marijuana, Senate Bill 73, and then, a watered-down substitute, Senate Bill 89 died as lawmakers could not come to agreement on late amendments on the last day of the session. The stage is now set for a medical marijuana initiative drive by patients and supporters frustrated with the legislature's inaction.

 

[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]

Chronicle AM: "Baby Bou Bou" Wins $3.6 Million Settlement, Pill Testing Battle Looms Down Under, More... (2/29/16)

Justice at last for Baby Bou Bou, Minneapolis decriminalizes, Ohio lawmakers resort to more drug war, Iran executes all the males in a village for drugs, Australian harm reductionists pledge to open a pill testing center at festivals despite government opposition, and more.

"Baby Bou Bou" before and after a Georgia SWAT team raided his home. (Family photos)
Marijuana Policy

North Dakota Legalization Activists Hand In Revised Initiative. Organizers of a marijuana legalization initiative that was earlier rejected by state officials resubmitted their proposal last Friday. The secretary of state now has about one month to review the petition and draft a summary that could be used during the signature gathering process.

Minneapolis Softens Pot Penalties. The city council voted last Friday to reducing small-time pot possession from a misdemeanor to a petty misdemeanor. Petty misdemeanors are not crimes under state law because they are not punishable by jail time. The move is more symbolic than anything, since pot possession is already a petty misdemeanor under state law.

Medical Marijuana

Georgia House Approves CBD Cannabis Oil Expansion, But Still No Legal Source. The House Monday approved House Bill 722, adding seven new conditions to the list of those qualifying to use CBD cannabis oil. But much to the dismay of bill sponsor Rep. Allen Peake (R-Macon), the bill does not allow for cannabis cultivation in the state. To obtain their medicine, patients must thus resort to violating federal law by importing the medicine. The bill now goes to the Senate.

Maryland House Approves Medical Marijuana Expansion Bill. The House last Friday approved House Bill 104, filed by Del. Dan Morhaim (D-Baltimore County). The bill would allow midwives, nurses, podiatrists, and dentists to certify patients for medical marijuana. The bill has no immediate practical implications because there are not yet any dispensaries open in the state. The bill now heads to the Senate.

New Mexico Reveals Names, Addresses of Medical Marijuana Growers, Sellers. The state Health Department has posted on its website the names and addresses of non-profits licensed to grow and sell medical marijuana in the state. The move is in response to a Freedom of Information Act request in a lawsuit brought by a reporter and a public interest group.

Law Enforcement

Family of Infant Injured in Georgia Drug Raid Wins $3.6 Million Settlement. The family of "Baby Bou Bou" Phonesavanh, who was burned by a flash bang grenade during a misbegotten, failed drug raid in Cornelia in May 2014, has been awarded $3.6 million in damages. No police were charged in the raid, which hit the wrong home. The infant's medical bills are estimated at $1 million. The Georgia county where the raid took place refused to pay them.

Sentencing

Ohio Bill to Heighten Punishments for Drug Dealers is Moving. The measure, House Bill 171, would lower the threshold for labeling someone "a major drug offender" from 250 grams of heroin to 100 grams. It passed the House last year and is currently in Senate committee hearings. The Office of the Ohio Public Defender and the ACLU of Ohio are opposing the measure, arguing that is just another criminalizing response to what should be viewed as a public health and safety issue.

International

Poll Finds Strong Majority of Canadians Support Pot Legalization. A new Globe & Mail poll has support for legalization at 68% nationwide, with majority support (55%) even in the conservative-leaning prairie provinces. Liberal Prime Minister Justin Trudeau has promised to legalize it and has called on former Toronto Police Chief Bill Blair to come up with the best model for legalization. The poll found Canadians split on home cultivation, with 49% in favor and 48% opposed.

Iran Executed Every Adult Male on Drug Charges in One Village. Iranian Vice President for Women and Family Affairs Shahindokht Molaverdi told the semi-official Mehr news agency last week that every adult male drug crimes were rampant in some areas, including "a village in Sistan and Baluchistan province where every single man was executed." Molaverdi pointed to the executions as an example of the government failing to deal with drug trafficking in its southern regions and said Tehran needs to better support the families of those executed. "Their children are potential drug traffickers as they would want to seek revenge and provide money for their families,” she said. "There is no support for these people. We believe if we do not support these people, they will be prone to crime."

Australian Festival Pill Testing Battle Heightens. Harm reductionists seeking to reduce deaths and injury among music festival goers are planning an unsanctioned pill testing scheme and will result to civil disobedience if necessary. The New South Wales government today reaffirmed its opposition to the pill testing pilot project, but activists said they will go ahead with a van staffed with toxicologists and shielded from police by barriers of supporters who will risk arrest to protect the testers from prosecution. The project is still months away from being implemented, though. 

The Most Outrageous Drug War Deaths of 2015 [FEATURE]

An as yet unnamed man killed by police in Rawlins, Wyoming, on December 30, after they were called to a convenience store about a person believed to be selling drugs in the parking lot, and Burlington, Vermont, resident Kenneth Stephens, 56, shot and killed by a state trooper and a DEA agent on December 22 when he met them with a rifle as they raided his apartment, were the last two people to make the Drug War Chronicle's drug war death toll tally, bringing it to 56 for the year.

This is the fifth year the Drug War Chronicle has tallied drug war deaths. There were 54 in 2011, 63 in 2012, 41 in 2013, and 39 in 2014. That's an average of just a hair under one a week during the past five years.

The Chronicle's tally only include deaths directly related to US domestic drug law enforcement operations -- full-fledged, door-busting, pre-dawn SWAT raids, to traffic stops turned drug busts, to police buy-bust operations. Some of the deaths are by misadventure, not gunshot, including several people who died after ingesting drugs in a bid to avoid getting busted and two law enforcement officers who separately dropped dead while searching for marijuana fields.

The dead included three other police officers, two Hattiesburg, Mississippi, cops gunned down in a traffic stop turned drug search in May and a Memphis cop gunned down over a $20 pot deal in August.

But 90% of the drug war dead are civilians. While some of the deaths are accidental and some are clearly justifiable, as when people are actually shooting at police, others are more questionable. Were all those guys in vehicles who got killed because police "feared for their lives" really trying to run down and kill cops over a drug bust, or were they just trying to get away?

And some are just downright outrageous -- one might even say criminal, although local prosecutors generally seem to disagree. In only one of the cases listed below was the police officer arrested, and in that case, she walked. Here are the worst drug war killings of 2015:

1. In February, Hummelstown, Pennsylvania, Police Officer Lisa Mearkle shot and killed David Kassick, 59, after he fled a traffic stop. Kassick was a relapsed heroin user who had done time in federal prison for heroin sales, and was carrying a needle and a spoon with residue on him. Video from Mearkle's stun gun shows her repeatedly tazing Kassick as he lay on his belly in the snow and yelling at him to show his hands as they jerk around from the tazing before firing two shots into his back four seconds apart. Mearkle was arrested on murder charges in April, but acquitted of murder charges in November.

 

Zach Hammond. Gunned down over his passenger's pot deal.
2. In March, Volusia County, Florida, Sheriff's Deputy Todd Raible shot and killed Derek Cruice, 26, during a dawn SWAT raid aimed at a small-time marijuana sales operation. Cruice, who was unarmed, was shot in the face. Police claimed they were "met with resistance and a shooting occurred," but Cruice's roommates vehemently disagreed. "He had no weapons on him or in the house," roommate Steven Cochran told the Daytona Beach News Journal. "Nobody was making any kind of resistance or keeping them from doing their job." Cruice wasn't even wearing a shirt, he said. "It's kind of hard to conceal anything or hide anything when this is all you have on. They entered the house and fired." Another roommate bluntly called the deputy's action's "murder." A grand jury directed by State Attorney R.J Larizza disagreed. In Ocober, it failed to indict Raible on any charge. Cruice was a popular figure in the local community, and there were protests over his death. The cops scored half a pound of weed and some cash, but no weapons in the raid.

3. Also in March, also in Florida, Putnam County sheriff's deputies shot and killed Andrew Anthony Williams, 48, as he attempted to flee in his vehicle from a "reverse sting." That's where cops pose as drug dealers, sell unwary customers small amounts of drugs, then arrest them. Deputies had successfully sold drugs to and arrested 10 people, but when they identified themselves and tried to arrest Williams, who was number 11, he declined. News 4 Jax had it this way: "…when they tried to arrest Williams, he took off in a blue SUV and, swerving to avoid deputies, ran into a tree. Williams then backed up and tried to take off again toward deputies causing four of them to open fire on Williams SUV, hitting him an unknown number of times."

Williams' death stinks for two reasons, First, reverse drug stings are a controversial tactic, sometimes arguably justifiable at the higher echelons of the drug trade, where selling sizeable quantities of drugs to a player to see where they go help crack a drug ring, but that logic isn’t at work here, where the only result is to round up some street drug buyers and drag them into the criminal justice system. Is having deputies pretend to be drug dealers to bust small-time users really the county's best use of its law enforcement resources?

And then there's the no-witness "he was going to run me over" defense used by the police to justify the killing. It happens not infrequently. Williams may have decided that getting busted on a minor dope charge was worth trying to murder a group of police officers with his vehicle. But could it have been that he was just trying to get away?

4. In April, 73-year-old Tulsa, Oklahoma, sheriff's Reserve Officer Charles Robert Bates shot and killed meth and gun trafficking suspect Eric Harris when he mistakenly opened fire with his pistol instead of his Taser. The shooting occurred in the midst of a struggle as Harris had attempted to flee on foot and there is no evidence that Bates intended to kill Harris, but the killing led to scandal over Sheriff Stanley Glanz's relationship with Bates and how the retiree volunteer managed to get in the middle of a Violent Crimes Task Force operation. Glanz was forced to resign in October and was indicted on a misdemeanor records tampering charge over his failure to release Bates' personnel records. Those records indicate that even though top sheriff's officials knew Bates wasn’t well-trained enough, they pressured others to ignore it. Bates himself was indicted for second degree manslaughter and goes on trial in April.

 

5. In July, Seneca, South Carolina, Police Officer Mark Tiller shot and killed 19-year-old Zachary Hammond. Hammond was behind the wheel of a car at fast food restaurant parking lot. He had driven there with a female passenger who was going to sell a small amount of marijuana to what turned out to be an undercover cop. Police said Hammond drove toward the officer, forcing him to fire, but that account was challenged by Eric Bland, an attorney representing Hammond's family. Bland said that the autopsy report showed that Hammond had been shot from behind and that the vehicle was not moving. The autopsy showed a first shot entering the teen's left rear shoulder and a second in his side five inches away that went through his heart and lungs before exiting his lower right side.

"It is clearly, clearly from the back," Bland said after viewing pictures of the bullet wounds at the coroner's office. "It is physically impossible for him to be trying to flee or run over the officer that shot him. This is a 19-year-old kid without a weapon in his car, clearly in the Hardee's parking lot on a date, and within five minutes he has two shots that appear to be in his back and his side, from an officer shooting him from the back -- and he's dead and this family needs answers."

The killing was egregious enough to spark a Justice Department investigation, which is still ongoing, but not enough to convince local prosecutors to go after Officer Tiller. In October, Solicitor Chrissy Adams declined to file criminal charges against Tiller. A federal wrongful death lawsuit filed by Hammond's family is pending.

 

 

Troy Goode. Authorities tried to blame his death on "LSD toxicity."
6. In September, a still unnamed member of an Akron, Ohio, SWAT team shot and killed Omar Ali, 27, during a raid on his hookah store. Police were investigating Ali for drug sales and domestic violence when they broke down the door to his business, then encountered him in the main room of his shop. Police said they ordered him to put his hands up, but he allegedly refused those commands and reached toward the back of his waistband. The unnamed SWAT officer then shot him. Police found no weapon in his waistband. What they did find was 2.8 grams of heroin and five doses of Suboxone hidden in his butt-crack.

7. In July, a group of police officers in Southhaven, Mississippi, arrested Troy Goode, 30, after he was behaving erratically under the influence of LSD he had ingested in anticipation of a Widespread Panic concert. His wife attempted to drive him home, but at some point, he got out of the car and began creating a disturbance. Police were called, and they chased and arrested him, hogtieing him face down on a stretcher. He was charged with resisting arrest, then taken in an ambulance to a hospital, where he died two hours later. In December, the State Medical Examiner ruled that Goode had died of "LSD toxicity," but given that there are no known cases of fatal LSD overdoses, that finding is hard to credit. Goode's family isn't buying it; they instead cite an,independent autopsy report that found Goode died after being hogtied and left prone for an extended period. That stress position caused him to have trouble breathing and, as his heart attempted to compensate, it went into cardiac arrhythmia. "He was suffocating. His heart increased into what is called tachycardia," family attorney Tim Edwards said. "There is no scientific basis to attribute his death to LSD. This was lethal force, putting someone in a prolonged hogtied position," Edwards said. "This was not a situation where a 300-pound man attacked a police officer in the dark. This was a science nerd." The family has asked the Justice Department to file a civil rights investigation and says it plans to file a lawsuit over Goode's death this month.

Three More Drug War Deaths This Month

A SWAT team member in Ohio shot and killed an unarmed businessman, and SWAT teams in South Carolina and Mississippi killed two more people in drug enforcement on the same day this week. There is also news on some past drug war killings.

This month's drug war killings bring the Drug War Chronicle's count of people killed in US domestic drug law enforcement operations so far this year to 49. The figure only includes people who died as a direct result of the drug war.

  • In Ohio, 27-year-old Omar Ali died October 5, two weeks after he was shot and wounded by a SWAT officer during a September raid on his Akron hookah store. Police were investigating Ali for drug sales when they broke down the door to his business, then encountered him in the main room of his shop. Police said they ordered him to put his hands up, but he allegedly refused those commands and reached toward the back of his waistband. The unnamed SWAT officer then shot him. Police found no weapon in his waistband. What they did find was 2.8 grams of heroin and five doses of Suboxone hidden in his butt-crack.
  • In Florida, a Jacksonville Sheriff's Office SWAT team shot and killed an armed drug suspect during a residential drug raid Wednesday afternoon. The dead man has not yet been named. Police said they were preparing to break down the door to the home when they encountered the man armed with a hand gun. He allegedly turned to confront them, and was then shot and killed by Officer Nicholas Rodgers. The dead suspect didn't fire a shot. Police said they found cocaine and more guns when they searched the residence.
  • In Mississippi, a drug suspect was killed and a deputy wounded during a Monroe County SWAT drug raid Wednesday morning. The dead man has not yet been identified. Sheriff Cecil Cantrell explained that it all began with a traffic stop: "Basically, we did a traffic stop on a vehicle and he had quite a bit of drugs in there, ice (crystal meth)," Cantrell said. "We talked to him and asked him where he got the drugs, and he told us where he bought them. And we got a search warrant and went down to this gentleman's house. When we got there the SWAT team went down to the house. When they got to the back door, he opened the door and started shooting, wounded one of my deputies. The deputies shot back. Those were seasoned deputies who were on that SWAT team, and they had no choice but to shoot back. And that person is deceased now."

Please note that in all three cases, as in many other cases of drug war violence, the only account available is that from police.

Meanwhile, there is also news on a pair of earlier cases of drug war deaths.

  • In California, the El Centro Police and four named officers are being sued over the 2012 death of Charles Sampson during a drug investigation. A police body camera video picked up police threatening to arrest Sampson and his family members if he didn't tell them where he had hidden drugs. Police also said a drug dog had alerted on the residence, but they later revised that statement, and they didn't find any drugs in the house. Sampson became ill, apparently after ingesting methamphetamine, but when family members called 911 for an ambulance, police told the dispatcher to ignore all calls from the house because Sampson was "putting on a show." Only two hours later was Sampson taken to a hospital, and only because a police officer ignored instructions to take him to jail. The lawsuit goes to trial in May 2016.
  • And in South Carolina, prosecutors declined to file criminal charges against the police officer who shot and killed unarmed teenager Zachary Hammond during a pot bust in July. Hammond was the driver of a car parked at a fast food restaurant, and the girl in the passenger seat had just arranged a pot deal with a person who turned out to be an undercover cop. When the cops pulled up, Hammond began to attempt to drive away and was shot twice by Officer Mark Tiller. Tiller claimed self-defense, although video showed Hammond's car already passing Tiller when he opened fire. But Solicitor Chrissy Adams said Tiller would face no charges.

Double Standard? Marijuana or Hemp? DEA Indian Tribe Raid Raises Questions [FEATURE]

This article was produced in collaboration with AlterNet and will appear at http://www.alternet.org/drugs/.

Taking advantage of a 2014 Justice Department memo giving Indian tribes a green light to participate in marijuana commerce, as well as a 2014 congressional vote allowing for industrial hemp pilot programs, Wisconsin's Menominee Tribe earlier this year planted some 30,000 cannabis plants as part of a pilot project with the College of the Menominee Nation.

Last Friday, the DEA came and cut them all down.

The DEA says the plants were marijuana plants; the tribe says they were hemp plants. In either case, tribal officials and marijuana reform advocates don't understand why the grow was raided. Even if it were marijuana, it appears to be an operation well within Justice Department guidelines. And that's leading to some pointed questions about whether the feds have one standard for pot-legal states and another for the tribe-legal jurisdictions.

The memo that allows for marijuana commerce on the reservation includes eight potential enforcement triggers first formulated in a 2013 Justice Department memo (the Cole memo) advising federal prosecutors to lay off of recreational and medical marijuana operations in states where they are legal. Those triggers include diversion to other localities, money going to organized crime, and violence associated with the trade, among others.

The raid came after the tribe allowed a Bureau of Indian Affairs employee and local police to inspect the operation and take plant samples. And that visit came after a meeting between the BIA agent, the local cops, and an assistant US attorney.

According to the DEA affidavit for a search warrant, the samples tested positive for "marijuana," although there was no measurement of THC levels in the plants.

Industrial hemp is high in fiber, but low in THC, with levels at 0.3% or less. Pot produced for the recreational market, by contrast, typically has THC levels of 15% to 20% and beyond. There is a possibility some of the plants could exceed the 0.3% limit, but not by much.

The DEA affidavit also attempted to make a case that the hemp grow was violating those Justice Department triggers. The tribe had hired Colorado cannabis consultant Brian Goldstein to consult on its grow, and Goldstein, along with Tribal Chairwoman Ruth Wapoose, had in fact guided the feds and the local cops on their tour of the operation.

But Goldstein was "white," the affidavit noted, and several other people present appeared "non-native," and some vehicles had Colorado plates. This, the affidavit somewhat tortuously argued, violated the memo's provision about diversion from states where marijuana is legal to those where it is not. It seems to claim that hiring a cannabis consultant from a legal state is equivalent to importing pot from that state.

A field of hemp at sunrise. (votehemp.org)
The affidavit also stretched to assert the operation was setting off other enforcement triggers. The lack of ventilation in a drying room "is a health and safety concern for the community and the individuals associated with the operation, which is a violation of the enumerated priorities listed in the Cole memorandum regarding adverse public health concerns of marijuana cultivation," it argued.

But drying hemp stalks in closed barns is standard practice and is used by farmers around the country, including those who produced legal hemp crops this year in Colorado and Kentucky.

And security personnel guarding the property had guns, leading the BIA agent to question "the ability for the security team to have weapons for protection because it would violate the Cole memorandum."

Now, the grow has been destroyed, any decision on criminal prosecution is in the hands of federal prosecutors, and the tribe and other observers are wondering just what is going on. After all, the Menominee aren't the only tribe to take the Justice Department at its word, only to be raided down the road.

This past summer, the DEA hit two California tribes, the Pit River Tribe and the Alturas Indian Rancheria, seizing 12,000 plants. The feds alleged Cole memorandum violations including financing from a foreign entrepreneur and fears the marijuana would be distributed outside the reservations in ways that violated the state's medical marijuana law. And the US attorney in South Dakota a month earlier refused to agree to lift an injunction barring Oglala Sioux tribal member Alex White Plume from growing hemp, which the Oglala Sioux Nation has legalized.

Are the tribes being held to a different standard than states where it is legal? Has there been a policy shift at Justice? Are individual federal prosecutors going off the reservation?

Menominee Tribal Chairman Gary Besaw doesn't know, but he isn't happy about it.

"I am deeply disappointed that the Obama administration has made the decision to utilize the full force of the DEA to raid our Tribe," he said in a statement after the raid. "We offered to take any differences in the interpretation of the farm bill to federal court. Instead, the Obama administration sent agents to destroy our crop while allowing recreational marijuana in Colorado. I just wish the President would explain to tribes why we can't grow industrial hemp like the states, and even more importantly, why we don't deserve an opportunity to make our argument to a federal judge rather than having our community raided by the DEA?"

Neither was Eric Steenstra, head of the hemp industry advocacy organization Vote Hemp.

"The DEA action in this case is egregious, excessive and presents an unjust prejudice against Indian Country and the rights of sovereign tribal nations," he said. "The Menominee Indian Tribe cultivated their industrial hemp in accordance with Federal Law, per the legislation put forth in the Farm Bill. This is a step backward, at a time when great progress has otherwise been made toward legalizing and regulating industrial hemp cultivation."

In an interview with US News and World Report, tribal law expert Lance Morgan, a member of Nebraska's Winnebago tribe who has worked with tribal governments pondering marijuana operations, said the Cole memorandum guidelines are not being applied consistently and warned the Menominee raid would be remembered as a historic betrayal.

"How can you allow people to buy marijuana in a retail environment in some states and then raid an industrial hemp operation of a tribe? The only difference is that there is a tribe involved," he said. "This odd federal policy of encouraging investment and then raiding the new business sets us back a few decades in federal tribal trust and economic policy."

The raids against tribal pot operations will kill investment in such ventures, Morgan said.

"The new federal policy of 'sort of' allowing tribes to get into the marijuana business is especially cruel and unusual because it encourages investment, but after the investment is made the federal government comes and shuts it down and the investors lose all their money."

Tribal law expert and former head of New York's Seneca Nation Robert Odawi Porter agreed that there is at least the appearance of a double standard.

"This certainly suggests a real divergence in policy approach for Indian country," compared to the pot-legal states, which have been allowed to develop enormous marijuana industries, he said. "It increasingly looks like the Justice Department guidelines are not being interpreted in the same way as they were intended."

It seems like the Justice Department has some explaining and clarifying to do. Can the tribes participate in the new marijuana economy like that states, or not? And does the DEA accept the legal definition and status of hemp? If not, why?

Medical Marijuana Update

Last week's reservation raid in California reverberates, dispensaries move a step closer in Maryland, a medical marijuana bill advances in South Carolina, and more.

California

Last Friday, the Pinoleville Pomo Nation responded to a raid on its collective grow operation. The tribe said Mendocino County Sheriff Tom Allman "overstepped his authority, violated tribal sovereignty, and acted outside of his legal jurisdiction" in the raid last Tuesday, in which deputies "seized and destroyed property that belonged to the tribe's cannabis collective." Allman argued that the operation was illegal because it was for profit, but the tribe says it will "seek all legal remedies against the Mendocino County Sheriff's Office" for damages from the raid.

Maryland

Last Thursday, the attorney general's office clarified that counties cannot ban dispensaries. Faced with an effort by Anne Arundel County Executive Steve Schuh to ban medical marijuana facilities in the county, the office of the attorney general issued a non-binding legal opinion saying that while state law allows counties to decide where such facilities may locate, it does not allow them to ban them.

On Monday, the state began taking applications for medical marijuana businesses. The Maryland Medical Cannabis Commission is accepting applications for state licenses for growers, processors, and dispensaries. The commission will issue 15 licenses for growers, up to 92 for dispensaries, and an unlimited number for processors. The deadline for applications is November 6, and dispensaries could be stocked and open by next fall. Click on the commission link for more details.

Minnesota

Last Friday, lawmakers and regulators got an earful from patients at a hearing. The task force overseeing the state's medical marijuana program heard from patients and providers at a hearing last Friday, with complaints about high prices and logistical problems getting lots of attention. Click on the link for more details.

South Carolina

Last Thursday, a medical marijuana bill won a Senate panel vote. A Senate Medical Affairs Subcommittee today approved Senate Bill 672 a full-fledged medical marijuana bill. The vote was unanimous. The bill will head to the full committee early next year. The state approved a CBD cannabis oil bill last year.

Oregon

Beginning Thursday, some dispensaries will start selling to non-medical users. More than half of the state's 345 medical marijuana dispensaries have told the Health Authority they plan to sell recreational marijuana starting Thursday, October 1. Recreational marijuana has been legal in the state since July 1, but recreational pot shops won't be open until next year, so the state is allowing dispensaries to fill the void.

[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]

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