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Texas Officer Shot Leading SWAT Drug Raid Dies

A Killeen police officer died Sunday, two days after being shot during a pre-dawn SWAT drug raid. Detective Charles "Chuck" Dinwiddie becomes the 16th person to die in US domestic drug law enforcement operations so far this year.

According to KDHN News, members of the Killeen Police Department SWAT team had begun breaking through a window as they served a drug search warrant at 5:30 a.m Friday, when someone inside opened fire on the intruders, wounding four officers.

Dinwiddie was shot in the face and spent two days in critical condition before dying of his wounds Sunday afternoon.

The three other officers wounded all survived. Police said two of them were saved by their protective gear, while the third was shot in the thigh.

Police identified the shooter as apartment resident Marvin Louis Guy, 49. He faces three counts of attempted murder. Authorities are likely to try to upgrade one of those to capital murder.

But in the last case of a Texas police officer killed breaking into someone's home in a SWAT drug raid, the grand jury refused to indict the shooter for the death. That was just four months ago.

Killeen, TX
United States

Alabama Man Killed After Cops Interrupt Drug Deal

A Jefferson County sheriff's deputy shot and killed a man who attempted to drive off in his vehicle after deputies broke up a drug deal in progress Friday night. The as yet unidentified 21-year-old Birmingham man becomes the 15th person to die in US domestic drug law enforcement operations so far this year.

[Editor's Note: The man remains unidentified as of May 14.]

According to Al.com, citing Jefferson County Chief Deputy Randy Christian, when deputies came across a drug deal in progress near the Walmart on Parkway East, one of the suspects "tried to run the deputy over with a car."

The deputy then shot the man in self-defense, Christian said. He was pronounced dead at the hospital.

A substance believed to be heroin was recovered at the scene.

"The drug business always seems to end in tragedy or prison," Christian said. "There is no third option I'm aware of. I wish our young people could grasp that and just stay away from it."

[Ed: We wish that officials including Deputy Christian could grasp, or would allow themselves to grasp, why the drug business ends in tragedy or incarceration as often as it does. It's because of prohibition. -DB]

Birmingham, AL
United States

Chronicle AM -- May 1, 2014

Asset forfeiture gone wild is in the news, so is a Delaware drug lab scandal, there's a major report on imprisonment from the National Academy of Sciences, Silk Road is back, and more. Let's get to it:

Silk Road is back and as busy as ever.
Marijuana Policy

Colorado Bill to Seal Old Marijuana Convictions Wins Committee Vote. The Senate Judiciary Committee passed a bipartisan sponsored bill that would allow someone to have their marijuana conviction sealed, if the conviction is now legal under Amendment 64. The committee heard nearly two hours of public comment before approving the measure, Senate Bill 14-218. The bill passed on a 3-2 vote and is now headed to the Committee on Appropriations.

Medical Marijuana

Louisiana Medical Marijuana Bill Dies in Committee. There will be no medical marijuana legislation passing through the Louisiana legislature this year. Senate Bill 541, sponsored by Sen. Fred Mills (R-New Iberia) was defeated in the Senate Health and Welfare Committee on a vote of 6-2.

Iowa Limited CBD Medical Marijuana Bill Passes Senate. The Iowa Senate on Thursday approved a narrow opening for Iowa parents with children suffering from severe epilepsy to be able to access cannabis oil as a treatment option. After an emotion-charged debate, senators voted 36-12 to pass Senate File 2360, a bill that legalizes the possession and medical use under certain conditions of cannabidiol, a non-psychoactive component of marijuana that backers say possesses a wide range of therapeutic benefits. Ten Republicans joined 26 Democrats in passing the bill. Sen. Joe Bolkcom (D-Iowa City) is the sponsor.

US House Narrowly Defeats Amendment to Allow VA Docs to Recommend Medical Marijuana. Nearly 200 members of Congress, including 22 Republicans, voted in favor of an amendment Wednesday intended to allow physicians within the Veterans Affairs system to recommend medical marijuana to veterans in states that allow it. The bipartisan-sponsored amendment failed 195-222. The amendment, sponsored by Congressmen Earl Blumenauer (D-OR), Sam Farr (D-CA), Dana Rohrabacher (R-CA), and Jared Polis (D-CO), was the first of its kind to be introduced on the House floor. It would have become part of House Resolution 4486, the Military Construction and Veterans Affairs and Related Agencies Appropriations Act.

Asset Forfeiture

Florida Sheriff on Asset Forfeiture Rampage. Marion County Sheriff Chris Blair is seizing criminal suspects' assets like never before, according to this report from The Ocala Star Banner. Prior to Blair taking office in 2012, asset forfeiture cases averaged 38 a year, but jumped to 57 last year, and there are already 33 so far this year. Now, Blair is expanding the practice beyond drug cases to include common crimes. Suspects face being stripped of their property after being arrested by officers for DUI, shoplifting, burglary, armed robbery, resisting arrest, driving with a suspended or revoked license, or grand theft. One woman had her 2008 Chevy seized after being caught with a few oxycodone pills. Here's the money quote (so to speak), as Blair's office explains the increase in seizures: "It shows the difference between a sheriff with 35 years of law enforcement experience and a sheriff who came from the business world," Chief Deputy Fred LaTorre explained. The whole article is worth the read; click the link.

Class Action Lawsuit Coming Over Nevada County's Highway Robbery Asset Forfeiture Program. Humboldt County already had to give back the money it stole from driver Tan Nguyen under the guise of its highway asset forfeiture program -- and pay his lawyer's fees -- but now the county faces a class action lawsuit from other victims of its overzealous law enforcement practices. After Ngyuen won his case against the Humboldt County Sherff's Department, 20 more people have come forward to say that they too had been stopped in Humboldt County and forced to give up money without any charges or even being accused of a crime. In many cases, they weren't even slapped with a speeding ticket. "What they're doing is profiling. They think they're stopping people who are on their way to California to buy drugs, and then bring them back to the Midwest or the Eastern states, and then sell them," said John Ohlson, he attorney for the cash seizure victims.

Drugged Driving

"Impaired" Driving Bill Wins Vermont Senate Committee Vote. The Senate Judiciary Committee Wednesday approved a drugged driving bill, House Bill 501, but not before amending it to remove the zero tolerance language in the version passed by the House. Instead, the Senate version now says the amount of drugs in your system has to actually impair your ability to drive. While the distinction between the two bills seems small, it may be a tough fight to hammer out a compromise by next Friday, when the session adjourns. The version of the bill cited here is the original; the amended version is not yet available.

Law Enforcement

Delaware Drug Lab Scandal Could See Thousands of Drug Cases Thrown Out. The Delaware Public Defender's Office on Wednesday filed "the first wave" of legal challenges to try and overturn 9,500 drug convictions because of tampering and thefts at the state's drug testing lab. This is on top of the more than 3,700 pending drug prosecutions in Delaware courts that are at risk of being dismissed due to the scandal at the Controlled Substances Lab inside the Delaware Medical Examiner's Office. And on the same day that public defenders delivered five archive boxes containing 112 motions for post-conviction relief to prosecutors and the court, state officials revealed that an employee at the Medical Examiner's Office has been suspended with pay as an investigation into the missing drug evidence continues. Click on the link for all the sleazy details.

Georgia Narc Denied Immunity in Killing of Innocent Pastor in Drug Investigation. A narcotics officer who fatally shot a Baptist pastor in Georgia persuaded a federal judge to partly reduce the jury-imposed $2.3 million verdict, but failed in his bid to claim qualified immunity because he was acting in his capacity as a law enforcement officer. Billy Shane Harrison shot and killed Pastor Jonathan Ayers after Ayers attempted to flee in his car from undercover officers attempting to question him in a drug investigation. The judge in the case ruled that "defendant could not have reasonably believed that Ayers posed an imminent threat of serious harm or that deadly force was necessary to prevent his escape," the 11-page ruling states. "And because it is clearly established that it is unreasonable for a police officer to use deadly force under such circumstances, defendant's motion for judgment as a matter of law based on qualified immunity is denied." No criminal charges were ever filed against Harrison for the killing.

Maine Governor Says He Found Money to Pay for More Drug War. Gov. Paul LePage (R) announced Wednesday that his administration has found $2.5 million to pay for a drug enforcement bill that would add agents, judges and prosecutors and increase funding for addiction treatment programs. The bill was enacted with broad bipartisan support, but the Legislature's budget committee did not fund it. On Wednesday, the LePage administration said it has found a projected surplus in the state's unclaimed-property fund, which is overseen by the State Treasurer's Office and consists of money and personal assets that are considered lost or abandoned. The governor said he will propose emergency legislation today to allocate the surplus to the drug enforcement initiative. But it's unclear whether the Legislature will consider it. The ACLU of Maine, which has consistently opposed the bill, urged lawmakers to reject LePage's proposal. "The governor continues to push a proposal that would scale up an already bloated criminal justice system while giving a back seat to more effective treatment programs," the group said. "Plenty has been said about the need for a balanced approach, but this proposal is nothing of the sort... A truly balanced approach would mean scaling back law enforcement while increasing treatment and prevention."

Sentencing

National Academy of Sciences Report Calls for Big Cuts in Imprisonment. A groundbreaking report released yesterday by the National Research Council, the principal operating arm of the National Academy of Sciences, documents the unprecedented and costly price of US incarceration rates. As the report points out, this unprecedented rate of incarceration is a relatively new phenomenon in US history. America's prison population exploded largely as a result of the failed drug war policies of the last 40 years. The report calls for a significant reduction in rates of imprisonment and says that the rise in the US prison population is "not serving the country well." It concludes that in order to significantly lower prison rates, the US should revise its drug enforcement and sentencing laws.

Sentencing Commission Submits Federal Sentencing Guideline Amendments to Cut Drug Sentences. On Wednesday, the US Sentencing Commission submitted its proposed amendments to the federal sentencing guidelines to Congress. In addition to recommending reductions in some drug sentences, the Commission is also seeking public comment on the issue of whether to apply the amendment to the drug quantity table retroactively. Comments can be made through July 7 and can be emailed to public_comment@ussc.gov.

Federal Judge Calls for Clemency for Convicted Cocaine Dealer. In an opinion issued Tuesday, US District Court Judge Paul Friedman urged President Obama to commute the sentence of Byron McDade, who was convicted following a jury trial in 2002 of conspiracy to distribute more than five kilograms of cocaine. Friedman sentenced McDade to 27 years in prison, the shortest sentence possible under federal sentencing guidelines, which were mandatory at the time. Prior to his conviction in the drug case, McDade had only a single misdemeanor on his record, for which he paid a $10 fine. "The sentence this Court was required to impose on Mr. McDade was unjust at the time and is 'out of line' with and disproportionate to those that would be imposed under similar facts today," Friedman wrote in his opinion dismissing McDade's latest bid to overturn his conviction. "While the Court is powerless to reduce the sentence it was required by then-existing law to impose, the President is not. The Court urges Mr. McDade's appointed counsel to pursue executive clemency on Mr. McDade's behalf so that justice may be done in this case." The administration recently called on federal drug prisoners to seek clemency.

International

Silk Road Internet Drug Sales Web Site Still As Busy As Ever. Eight months after federal agents brought down the man alleged to be running an underground Web site called Silk Road that had become a thriving venue for drug trafficking, not only is the site up and running again but the new version is more vibrant than ever. Busted Not Broken, a report from watchdog group the Digital Citizens Alliance claims the "online black market economy has done a complete somersault in the six months since the fall of the original Silk Road. New players have arisen, including a second incarnation of 'Dread Pirate Roberts' and a revived Silk Road (which seems to be thriving, even after law enforcement arrested and charged some of the new site's prominent figures) has replaced the original."

Jakarta Drug Crackdown An Exercise in Futility. The vice governor of Jakarta, commonly known as Ahok, has announced a crackdown on drugs in the Indonesian capital, but a thoughtful analysis from asiancorrespondent.com's Patrick Tibke shows how it is in exercise in both futility and hypocrisy. Click on the link; the read is worth it.

Lebanese Druse Leader Walid Jumblatt Says Legalize Marijuana. Walid Jumblatt, stalwart of the Lebanon's Druse community and leader of the Progressive Socialist Party, said Thursday he supported marijuana legalization, for both medical and economic reasons. "Never in my life have I smoked marijuana, but I support growing cannabis for medical use and to improve the living conditions of farmers in north and the Bekaa Valley," Jumblatt told Al-Jadeed TV. "Let's legalize cannabis and regulate its cultivation," the politician said. Crop substitution programs in the Bekaa Valley, which once saw a multi-billion marijuana trade, have been a failure, he added.

Police Kill Wisconsin Man in "No Knock" Drug Raid

A Red Cedar, Wisconsin, was shot and killed by police during a February drug raid. Although we didn't catch the story at the time, Dennis Grohn, 32, becomes the 13th person to die in US domestic drug law enforcement operations so far this year.

[Editor's Note: We only saw this story when a new story about Grohn's autopsy results came out. We strive to catch every drug war-related death in the US, but we're only as good as our Google news searches, so we once again implore readers to send us any news of drug war deaths they come across. We may have seen them already, but we may not have, either, and we appreciate your input in our bid to be as comprehensive as possible.]

According to The St. Paul Pioneer Press, citing police sources, members of the Dunn County sheriff's office, the West Central Drug Task Force and Eau Claire County Regional Tactical Team hit Grohn's home with a "no knock" search warrant at 2:00am on February 12.

The details of what happened next are sketchy, but Grohn ended up shot and fatally wounded shortly thereafter. He was pronounced dead in the emergency room of the Mayo Health Clinic.

There is no mention in either the initial accounts of the raid or in the autopsy story of Grohn having or brandishing a weapon. But according to the search warrant, police were looking for weapons, as well as methamphetamine, drug paraphernalia, and other indicia of drug sales at his home.

But Dunn County District Attorney James Peterson determined last month that the use of deadly force by the Eau Claire County Regional SWAT team was justified and offered up the following detail:

"According to an investigation done by the State Department of Criminal Investigation, a member of the SWAT team entered Grohn's garage and saw him sitting in a chair. The deputy says Grohn growled and charged him. The men collided, and the deputy shot Grohn once. The two then fell to the floor in a struggle. Another officer told investigators he saw Grohn's hand on the deputy's rifle and that he feared for his own, and the deputy's, life. He then fired one shot at Grohn, killing him. Prior to entering the home the swat team had been advised that this was considered a high risk entry. Grohn had a history of violence toward police officers, weighed 280 pounds, was suspected of having a shotgun and was likely under the influence of meth. Peterson says Grohn was also likely aware he was facing a lengthy prison sentence if he was caught selling meth."
 

The autopsy report on Grohn came out this week, and the Dunn County Medical Examiner's Office said he was "heavily under the influence of methamphetamine at the time of his death," and that the amount of meth in his blood was "near a toxic range." But it wasn't meth that killed Grohn, it was a policeman's gun shot.

Red Cedar, WI
United States

Chronicle AM -- March 31, 2014

Garden State municipal prosecutors say legalize it, an Arizona sheriff has to give back medical marijuana seized rom a patient, Colorado wants to crack down on high plant-count patients, Louisiana takes a resolutely last century approach to heroin, Uruguay is going to seriously track its legal weed, and more. Let's get to it:

This much heroin could get you a two-year mandatory minimum sentence under a bill being considered in Lousiana (wikimedia.org)
Marijuana Policy

New Jersey Prosecutors Say Legalize It. The New Jersey State Municipal Prosecutors Association has come out in favor of legalizing marijuana possession. The support of the prosecutors association comes as two bills were introduced this month in the legislature. The board of trustees of the municipal prosecutors association on February 21 voted to endorse legalization, said its president, Jon-Henry Barr, who is municipal prosecutor in Kenilworth and Clark.

Poll Shows Virginians Split on Legalization, Strongly Favor Medical Marijuana. A new Quinnipiac poll has Virginians narrowly opposed to legalization, with 46% in favor and 48% opposed. Medical marijuana fares much better, with support at 84%.

Wisconsin Decriminalization Bill Filed. Rep. Evan Goyke (D-Milwaukee) and 10 Democratic cosponsors have introduced a decriminalization bill, Assembly Bill 891. It has been referred to the Assembly Committee on Criminal Justice, but is not expected to go anywhere.

Wisconsin's Dane County (Madison) Votes Tomorrow on Legalization Advisory Referendum. Voters in Dane County, Wisconsin, will vote tomorrow on whether to approve an advisory referendum calling for marijuana legalization. The question was put on the ballot by County Board member Leland Pan.

Vermont Legislature Legalization Debate Killed. An effort to debate a proposal to study the impact of legalization on state revenues died in the state House. The effort came in an amendment to a miscellaneous tax bill from Rep. Kristina Michelsen (D-Hardwick), but was blocked when Rep. Thomas Koch (R-Barre Town) asked House Speaker Shap Smith to rule on whether it was germane. He ruled it wasn't.

Hundreds Rally for Marijuana Reform in Harrisburg. Supporters of medical marijuana, hemp, and decriminalization rallied by the hundreds at the Pennsylvania state capitol in Harrisburg Monday. They called it the Keystone Cannabis Reform Rally.

Medical Marijuana

US Supreme Court Denies Arizona County's Appeal; Sheriff Must Give Back Seized Medical Marijuana. The Supreme Court has refused to overturn Arizona court rulings ordering the Yuma County sheriff to return marijuana that was seized from a woman with a California medical marijuana authorization honored by Arizona.

Oregon Has Now Approved 22 Dispensaries. The Oregon Health Authority reported 14 more dispensaries had been approved by late Friday, on top of the eight approved the previous week.The agency has processed 102 of 301 applications submitted since March 3. A total of 41 applicants have been granted provisional licenses until their security systems are in place, and 39 applications have been denied. Reasons for denial include incomplete information or locations within 1,000 feet of a school or another dispensary.

Nevada Dispensary Rules Finalized. The Legislative Commission approved rules for growing, processing, and selling medical marijuana Friday. Nevada voters approved medical marijuana in 2000 but patients have had no legal way to acquire it other than to grow it. A law approved by the 2013 legislature and signed by Gov. Brian Sandoval set up a taxing and distribution system to make it accessible to patients. It could be late this year or early 2015 before medical pot is available for purchase.

California Federal Court Judge to Hear Motion on Declaring Unconstitutional Marijuana's Schedule I Classification. For the first time, a federal judge has granted a hearing on a motion to declare unconstitutional the continued classification of marijuana in Schedule I. The evidentiary hearing is currently set for June 2 before Federal District Court Judge Kimberly Mueller in Sacramento.

Colorado Health Officials Warn of Crackdown on High Plant-Count Patients. Beginning today, the state Health Department will send out letters to doctors who recommended that patients be allowed to grow elevated plant counts and the patients who benefit, requiring them to provide more documentation on the need for the extra plants. The department also unveiled a proposed bill that would strictly limit medical-marijuana caregivers -- people who grow cannabis for patients who can't grow for themselves -- to serving only five patients and growing no more than six plants per patient. Caregivers can currently apply for a waiver to serve more than five patients. The proposals did not go over well with medical marijuana supporters, with Health Department spokesmen being cursed at and called "fascists" in response.

Massachusetts Municipal Association Releases Report on State Medical Marijuana Law. The Massachusetts Municipal Association has released a report on the state's medical marijuana law, offering several suggestions for local officials trying to navigate it. The report, written by MMA legislative analyst J. Catherine Rollins, touches on the legal right cities and towns have to regulate medical marijuana dispensaries and grow centers. Municipalities, Rollins said, have the power to create zoning bylaws, ordinances, special permits or host community agreements.

Drug Testing

West Virginia Governor Signs Mining Industry Drug Test Reporting Bill. Gov. Earl Ray Tomblin (D) has approved a bill requiring employers in West Virginia's mining industry to report all positive drug and alcohol tests to the Office of Miners' Health, Safety and Training. Prior to this law, which takes effect immediately, mine industry employers were only required to submit test results to the state if a miner was fired. Employers must notify the administration within seven days if an employee tests positive, refuses a urine sample, or has submitted an adulterated sample. Suspect employees will be suspended from work until they appear before a board of appeals. New hires must submit to a pre-employment urine test.

Alabama's Jefferson County (Birmingham) Suspends Employee Drug Testing Program. Mandatory, suspicionless drug testing of all new hires in Jefferson County has been suspended pending an inquiry into whether the program is unconstitutional. Ronald Sims, the court appointed receiver in charge of the county's Human Resources Department, this month halted across-the-board drug tests and medical examinations for new county workers because, Sims said, the drug tests "likely violate individuals' rights to be free from unreasonable searches and seizures guaranteed by the Fourth Amendment to the United States Constitution."

Law Enforcement

Friends, Family of Unarmed Man Killed in Drug Raid Rally in Tulsa. Deandre Starks was shot and killed last week by Tulsa police serving a drug search warrant. On Friday, friends and family members rallied at city hall demanding answers. Starks' mother said she believed her son was murdered. Police said they fired at him after he made a threatening movement, but Vanesta Starks wasn't buying that. "But to know that my son was shot when his hands was up in the air, surrendered. He tripped over a rail and that was the body movement. I know the story. I just want to know if somebody will come tell me why," she said.

Lawsuit Charges "License Plate Profiling" by Idaho Troopers. A 70-year-old Washington man who was arrested and his car searched by an Idaho Highway Patrol trooper solely because he had Colorado plates has filed a federal lawsuit charging "license plate profiling." Both Colorado and Washington are legal marijuana states, while Idaho is one of the most reactionary on marijuana policy. Click on the link for all the tawdry details.

Sentencing

Louisiana Bill Would Jack Up Sentences for Heroin Possession, Sales. A bill moving in the legislature in Baton Rouge would drastically increase prison time for heroin users and dealers, including a mandatory minimum two-year sentence for simple possession. House Bill 332 easily passed out of the House Criminal Justice Committee last week and is attracting bipartisan support, even among lawmakers otherwise skeptical of the "tough-on-crime" policies that have been blamed for Louisiana's nation-leading incarceration rate. The bill would also double the mandatory minimum sentence for heroin distribution from five years to ten.

International

Colombia's FARC Calls for "Humanized" Approach to Drug Policy. Colombia's counterdrug policies must have "a humanized approach in the context of integral agrarian reform" negotiators for the Revolutionary Armed Forces of Colombia (FARC) said in Havana Friday. Forced crop eradication and aerial fumigation are repressive and ineffective, the guerrillas said during ongoing peace talks with the Colombian government. The FARC supports crop substation programs as long as they are "participatory, concerted, gradual, [and] environmentally sustainable."

Uruguay to Track Marijuana from Seed to Stash With Genetic Markers, RTF Tags. Uruguay's drug czar says every legal marijuana plant in Uruguay will be registered and tracked using radio frequency tags, and that state-grown marijuana will be cloned to include genetic markers, making sure that what's grown there stays there. That's a much tougher tracking system than those imposed in Colorado and Washington, which recently legalized marijuana use. Unlike those US states, Uruguay wants authorities to be able to test the pot in any drug user's possession to determine if it came from a registered, legal source.

Jamaican Marijuana Growers Call on Government to Halt Crop Destruction. At a preparatory meeting of the Ganja Future Growers and Producers Association (GFGPA) in Kingston this weekend, some participants called for an immediate end to the destruction of marijuana crops. "Please, Mr. Government, ask you police and the army to stop digging down the world number one brand ganja," Ras Arthur Newland shouted out emphatically. "We believe the persecution and the lock-up for ganja must stop immediately." That's not the official position of the GFGPA, which said it is going to concentrate on winning decriminalization first.

Tulsa Man Killed in Drug Raid

A Tulsa, Oklahoma, man has died after being shot by police officers during at drug raid at his home. The as-yet-unnamed man becomes the 12th person to die in US domestic drug law enforcement operations so far this year.

According to The Tulsa World, citing police sources, the 27-year-old was shot Tuesday afternoon as Tulsa Police Department narcotics and gang squad officers were serving a drug-related search warrant in a predominantly black area of the city.

"When officers arrived, they entered the residence, there was five to six people inside the residence," Officer Leland Ashley said. "Officers gave commands to the individuals. At some point, in one of the bedrooms, officers confronted a subject... An officer was forced to use deadly force."

Officer Ashley did not specify whether or not the dead man was armed.

Several other people in the home were handcuffed and taken in for questioning, but it was not clear if they were charged with anything. Nor is it known what, if anything, police seized at the home.

Tulsa, OK
United States

New York Man Falls to Death in Drug Raid

A Yonkers, New York, man fell to his death attempting to escape police serving a drug search warrant Friday night. The as yet unnamed man becomes the 11th person to die in US domestic drug law enforcement operations so far this year.

According to The Lower Hudson Journal News, citing a police news release, the 45-year-old man attempted to flee through a third-floor window of an apartment as officers executed a drug search warrant.

Police then observed the man on the ground floor of the building with a head injury and summoned medical assistance. He was taken to a local hospital, where he was shortly pronounced dead.

In addition to the drug search warrant, police already had a drug arrest warrant for the man from New York City. Police said they found drugs, packaging materials, a scale, and an unspecified amount of money in the apartment.

The Yonkers Police Department Internal Affairs Division and the Westchester County District Attorney's Office are investigating the incident.

Yonkers, NY
United States

Suspect Killed, Four SWAT Officers Wounded in Indianapolis Drug Raid Shootout

A drug suspect was killed and four SWAT officers were wounded Wednesday night when police in Indianapolis raided a Near Eastside home on a drug warrant. Andrew Sizemore, 27, becomes the 10th person to die in US domestic drug law enforcement operations so far this year.

http://stopthedrugwar.org/files/andrew-sizemore-200px.jpg
Andrew Sizemore (IMPD)
According to The Indianapolis Star, citing police sources, SWAT officers were serving a search warrant on a suspected drug operation when they were met by gunfire. Police shot back, killing Sizemore.

None of the injured officers were seriously wounded, and three had been released from the hospital by early Thursday.

Police said they seized heroin, 13 guns, and $120,000 in cash inside the house. Five people inside the house were arrested. Three were arrested for "visiting a common nuisance," while one was arrested on drug dealing charges and another was detained with no charges specified. Police also confiscated four vehicles.

The house was protected by surveillance cameras, which could have alerted occupants to the raiders' presence.

"That put our officers at a disadvantage, but they overcame it," said Indianapolis Public Safety Director Troy Riggs said, adding that the shootout could be a harbinger of things to come as police go after criminals. "None of us want these things to happen," Riggs said, "but at the end of the day with the the aggressiveness with which your police department is going after those who are committing criminal acts, this is always a possibility."

In a follow-up story, The Star reported that as word of Sizemore's death spread Thursday, friends and family members created a small shrine in his honor, leaving stuffed animals, flowers, a can of energy drink, a snack cake, and a candle. One sign on the shrine said: "RIP, Drew. We Love and Miss You." Another read: "There was no reason for him to die."

Sizemore had no criminal record except for an arrest for trespassing when he was 19.

The Star also reported that some neighborhood residents "were leery to comment" and "some were even hostile to reporters seeking information about the neighborhood and the people who lived in the house."

Indianapolis, IN
United States

Chronicle AM -- February 24, 2014

Marijuana politics continues to dominate the drug news, but meanwhile, the FDA has banned its first tobacco product, the DEA wants you to snitch out pain pill abusers, Delaware makes diverting a pain pill a felony -- and speaking of Delaware and diversion, someone has been diverting Oxycontin from the medical examiner's office, and more. Let's get to it:

Indian-style "bidi" cigarettes -- been banned by the FDA. (wikimedia.org)
Marijuana Policy

Bankers Still Leery Over Doing Marijuana Business. Although the federal government has issued new guidelines designed to ease their fears, financial institutions need to be convinced that they will not be prosecuted should they open accounts for marijuana businesses. "As it stands, possession or distribution of marijuana violates federal law, and banks that provide support for those activities face the risk of prosecution and assorted sanctions," said Frank Keating, president of the American Bankers Association. While he appreciates the effort by the feds, "that doesn't alter the underlying challenge for banks," he added.

Governors Not Too Keen on Legalization. The nation's governors gathered for the National Governors' Association meeting over the weekend, and they were generally not eager to follow Colorado and Washington down the path toward legalization. They worried about the kids and public safety, and Colorado Gov. John Hickenlooper (D) counseled them to go slow.

Zero Tolerance DUID Bill Introduced in California. Assemblymen Jim Frazier (D-Oakley) and Lou Correa (D-Santa Ana) have introduced a bill that would make it illegal to drive with any detectable amount of THC in one's blood. The bill is Assembly Bill 2500. Correa introduced a similar measure last year, but it was defeated.

Forty Maine Lawmakers Urge Consideration of Marijuana Legalization. On Friday, more than 40 state lawmakers in Maine co-signed a memo authored by State Representative Diane Russell that was delivered to the Appropriations & Financial Affairs Committee. The memo encouraged the committee to keep all options on the table in their upcoming financial deliberations, including potential tax revenue derived from an adult, non-medical market for marijuana. "All options should be on the table," Rep. Russell stated in the memo. "In this spirit, we propose committee members give serious consideration to the revenue options associated with legalizing, taxing and regulating cannabis for responsible adult use."

Marijuana Legalization Bill Filed in Florida. Rep. Randolph Bracy (D-Orange County) last Thursday introduced a legalization bill, House Bill 1039. No word yet on where it's headed.

Maryland Marijuana Reform Measures Get Hearings Tuesday. The Senate Judicial Proceedings Committee will hold hearings on a legalization bill and a decriminalization bill Tuesday. The legalization bill is Senate Bill 658, sponsored by Sen. Jamie Raskin (D-Montgomery). The decriminalization bill is Senate Bill 364, sponsored by Sen. Robert Zirkin (D-Baltimore).

Maryland Poll Has Plurality for Legalization. A new Washington Post poll has support for marijuana legalization at 49%, with 43% opposed. Of those opposed, 48% support decriminalization. That means support for decrim is over 70%.

Medical Marijuana

Big Majority for Medical Marijuana in Ohio. A new Quinnipiac poll has support for medical marijuana at 87% in the Buckeye State.

Utah CBD Medical Marijuana Bill Passes House Committee. A bill that would allow children with epilepsy to use high-CBD cannabis oil passed the House Law Enforcement Committee on an 8-2 vote last Thursday. House Bill 105 now heads to the House floor.

Prescription Drugs

Delaware Law Makes Taking Your Brother's Pain Pills a Felony. A bill drafted by state Attorney General Beau Biden in a bid to stop illegal prescription drug use makes it a felony for a family member or health care professional to divert prescription medications. Offenders will also be placed on a scarlet letter list, the Adult Abuse Registry. House Bill 154 was signed into law by Gov. Jack Markell (D) last week.

Law Enforcement

Missing Dope Scandal at Delaware Medical Examiner's Office. Drugs sent to the Medical Examiner's Office for testing between 2010 and 2012 have gone missing, sometimes replaced with fakes, investigators said Saturday. At least 15 drug cases have been flagged as having tainted or missing evidence, but that could just be the tip of the iceberg. Almost all of the cases involve Oxycontin. The Medical Examiner's Office has quit doing drug analysis for the time being as the investigation continues.

Jury Awards $2.3 Million to Family of Georgia Pastor Killed By Narcs. A federal jury has awarded $2.3 million to the wife of Jonathan Ayers, a Georgia pastor gunned down by plainclothes narcotics officers as he attempted to flee from them at a gas station. They were investigating a woman who had allegedly sold $50 worth of cocaine, and saw her in his car. The narcs jumped out at Ayers and he attempted to flee, slightly striking one of them. They then shot him nine times, killing him. Read Radley Balko's complete piece at the link above to get all the hideous details.

DEA Wants You to Rat Out Suspected Pain Pill Abusers. The DEA is rolling out a new text-messaging system to report illegal prescription drug use and sales. Pilot programs are underway in Philadelphia and Georgia. The federal agency is also distributing pamphlets to 1,200 Atlanta-area pharmacies to encourage the use of the reporting system.

Tobacco

FDA Bans First Tobacco Product. For the first time, the Food and Drug Administration (FDA) has used its regulatory powers to ban a tobacco product. The agency moved against "bidis," a style of cigarette from India. Banned are Sutra Bidis Red, Sutra Bidis Menthol, Sutra Bidis Red Cone, and Sutra Bidis Menthol Cone, which are manufactured by Jash International. FDA used its authority under the 2009 Family Smoking Prevention and Tobacco Control Act to ban them as "not substantially equivalent" to tobacco products sold as of February 15, 2007.

Harm Reduction

Georgia Harm Reduction Bills Moving. A 911 Good Samaritan bill (House Bill 965) and a naloxone access bill (House Bill 966) are moving in the legislature. The former passed out of the House Rules Committee Monday and is set for a floor vote tomorrow, while the later goes before the Rules Committee tomorrow. It's time to call your representatives, says Georgia Overdose Prevention.

Buffalo Police to Carry Opioid Overdose Reversal Drug. Police in Buffalo, New York, are the latest law enforcement personnel to begin carrying naloxone, the opioid overdose reversal drug, with them in a bid to reduce overdose deaths. "We've seen a nationwide epidemic of heroin overdoses. It's hitting Buffalo. It's hitting the suburbs," said Police Commissioner Daniel Derenda. "Basically, if somebody's overdosing, this could save their life."

International

Italian Harm Reductionists Call for Thorough Review of Drug Policies. The Italian Harm Reduction Association (ITARDD) issued an open letter Monday calling on politicians and the state to engage in a national dialogue about drug policy that includes harm reduction. The group also called for control over drug policy to be taken from the Anti-Drug Policy Department and be put in the hands of the health and welfare ministries.

Belgian Socialists Adopt Marijuana Legalization Plank. The Belgian socialist party SP.A (the Flemish socialist party) narrowly adopted a proposal by its Young Socialist section to legalize marijuana. The move came at the party's congress in Brussels, ahead of elections set for May 25.

Jamaica Governing Party Legislative Leader Hints Decriminalization is Coming. Leader of Government Business in the House of Representatives Phillip Paulwell signaled that decriminalization is coming to Jamaica this year. "It is my view that decriminalization of the weed will become a reality this (calendar) year, arising from the parliamentary debate and the support by the majority of the members, I believe it will be approved this year." But legalization is out of the question for now, he added.

Texas Man Not Indicted For Killing Cop in No-Knock Drug Raid

It happens on a regular basis. Police conducting no-knock drug raids shoot and kill residents, claim they feared for their lives, and walk away free. But now, the shoe is on the other foot.

A Central Texas grand jury has refused to return a murder indictment against a Burleson County man who shot and killed sheriff's Sgt. Adam Sowders as Sowders led a group of law enforcement raiders through the door of the man's mobile home in a no-knock, pre-dawn drug raid on December 19.

The raiders had a search warrant for the home of Henry Goedrich Magee and were looking for marijuana plants and guns. But when they burst through the door, Magee, who was sleeping with his girlfriend, feared a home invasion robbery, grabbed a gun from his bed side, and opened fire, killing Sowders.

"This was a terrible tragedy that a deputy sheriff was killed, but Hank Magee believed that he and his pregnant girlfriend were being robbed," Magee's lawyer, renowned Texas criminal defense attorney Dick DeGuerin told the Associated Press. "He did what a lot of people would have done. He defended himself and his girlfriend and his home."

DeGuerin added that he could not recall another instance of a Texas grand jury declining to indict a defendant in the death of an officer.

The grand jury did indict Magee for the possession of a small number of marijuana plants and for having a gun while growing the pot plants. That charge is possession of marijuana while in possession of a deadly weapon, a third-degree felony. Conviction on a third-degree felony charge is punishable by from two to 10 years in state prison.

Burleson County District Attorney Julie Renken said after the grand jury decision that she thought the shooting had "occurred in a matter of seconds amongst chaos" and she thought the sheriff's office had done things correctly, "There is not enough evidence that Mr. Magee knew that day that peace officers were entering his home," she conceded.

Renken vowed to "fully prosecute" the remaining case against Magee, who has been jailed without bond in nearby Washington County. DeGeurin said Magee will likely be released soon, since he faces only the marijuana and gun charge.

This was all over some pot plants.

Caldwell , TX
United States

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