Interdiction

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Venezuela to Shoot Down Drug Planes

Venezuelan President Nicolas Maduro warned last week this his government will shoot down planes using Venezuelan air space to smuggle drugs. The National Assembly passed a law allowing for such actions in May, but it did not go into effect until this month.

"Let drug traffickers know that starting today any plane that enters Venezuela (to smuggle drugs) will be forced to land in peace, or else it will by shot down by our Sukhoi, our F-16s and the entire Venezuelan Air Force," Maduro said in a speech last Wednesday. "I will begin applying this law immediately in coordination with our armed forces," he added.

While Venezuela is not a drug-producing country, it has become a key transit route for cocaine produced in neighboring Colombia, only this year displaced by Peru as the world's leading coca and cocaine producer. The US government has placed Venezuela and its South American ally Bolivia on its annual list of countries not complying with US drug war objectives, a charge both countries categorically rejected. (Oddly enough, neither Colombia nor Peru are on that list, nor Mexico, the country from which the most drugs are imported to the US.)

The drug plane shoot-down law, known officially as the Law of Control for the Integral Defense of Airspace, was originally proposed in 2011 by the late President Hugo Chavez. After Chavez's death last December, the law was approved by the National Assembly.

While an apparent violation of international civil aviation law, the shooting down of civilian planes suspected of drug running led to the downing of at least 30 planes by Peruvian authorities in the 1990s. The US suspended its cooperation with Peru in that effort after Peruvian fighter jets working with CIA spotters blasted a plane carrying American missionaries out of the sky in 2001, resulting in the deaths of Veronica Bowers and her infant child. Brazil also has had such a policy in place since 2004.

Caracas
Venezuela

Peru Retakes Spot as World's #1 Coca Producer

And the wheel turns. Twenty years ago, Peru produced about 60% of the world's coca crop, from which cocaine is derived. But crop disease and aggressive anti-trafficking efforts in Peru hurt output there even as cultivation blossomed in Colombia, which took first place honors by the turn of the century.

coca leaf statues in Peruvian village (Phillip Smith)
But now, according to the UN Office on Drugs and Crime (UNODC), Peru has regained its status as the number one producer. In a report issued last week, UNODC estimated that Peru had 151,000 acres of land devoted to coca production, compared to 125,000 acres in second place Colombia and about 63,000 acres in third place Bolivia.

Just as aggressive eradication and interdiction campaigns in Peru -- including a US-aided policy of shooting down suspected drug trafficking planes -- reduced the coca supply there in the 1990s, the massive US aid program known as Plan Colombia, with its aerial fumigation and aggressive eradication programs, has managed to shrink production in Colombia.

At its peak in 2000, Colombia accounted for 90% of the world's cocaine, with about 400,000 acres planted with coca. Since then, that figure has shrunk by about one third.

But in a clear example of "the balloon effect," Peru has taken up the slack, and has been well-situated to take advantage of growing Brazilian and European demand for cocaine. Peru's reemergence as the global coca leader comes despite renewed efforts by President Ollanta Humala to crack down on coca cultivation, as well as the trafficking and armed rebel groups -- remnants of the feared Shining Path insurgency of the 1980s -- who protect and profit from it.

Peru actually managed to decrease cultivation this year by about 4,000 acres, or 3.4%, according to UNODC. But given continuing declines in Colombia and stable, lower-level production in Bolivia, the country retakes first place even with the decline.

Unlike Colombia, both Peru and Bolivia have long histories of indigenous coca use, and both countries have large legal coca markets. But according to the UNODC, of Peru's estimated 129,000 tons of dried coca leaves, only 9,000 tons were destined for the legal market. That leaves 120,000 tons of leaves ready to be turned into cocaine hydrochloride and snorted up noses in Rio de Janeiro, Rome, and Riyadh.

Peru

Chronicle Book Review: Smuggler Nation

Smuggler Nation: How Illicit Trade Made America, by Peter Andreas (2013, Oxford University Press, 454 pp., $29.95 HB)

Wow. With Smuggler Nation, Brown University political science professor Peter Andreas has hit the ball out of the park -- or over the border. This book should be required reading for not only for people interested in we got to our current mess in the war on drugs, but also for anyone interested in American history in general, and the twinned growth of illicit commerce and the ever-increasing policing resources designed to thwart it in particular.

What makes Smuggler Nation so essential for people primarily interested in drug policy is the manner in which it situates drug prohibition and efforts to suppress the drug trade within the larger historical context of state efforts to control -- or prohibit -- trade. The war on drugs (or at least its interdiction component) didn't drop on us out of the sky, but was built upon already existing national-level efforts to enforce proscriptions on free trade, dating back to Jefferson's abortive ban on US ships trading with any foreign nations, the more successful, but still long-lasting and highly contentious effort to ban the slave trade, and Prohibition-era border enforcement.

Andreas shows that, going back to colonial times, smuggling and illicit commerce played a crucial role in the creation and expansion of the American economy, and, indeed, in the anti-British sentiment that led the way to the American Revolution in the first place. Whether it was enriching Providence and Boston merchants in the triangular slave trade, stealing intellectual property from England at the start of the Industrial Age, selling American cattle to hungry British troops stationed in Canada during the War of 1812, allying with the smuggler-pirate Jean Lafitte in the Battle of New Orleans in that same war, selling contraband whiskey to Indians, smuggling guns into Mexico (in the 1840s, in addition to now) -- the list goes on and on -- smuggling and illicit commerce was, and continues to be, part and parcel of the American story.

Andreas also show that those efforts to control unsanctioned commerce led directly -- and continue to lead directly -- to ever larger, more expansive, more expensive, and  more unintended consequence-generating law enforcement efforts to suppress it. We saw it with the early growth of the US Navy to combat tax evading smugglers, and how those efforts rerouted, but did not defeat, illicit trade. We saw it with the expansion of drug war interdiction efforts in the 1980s, where blockading the Caribbean route for Colombian cocaine rerouted, but did not defeat, illicit trade, and helped provoke the metastasis of what had been largely low-key, local Mexican smuggling networks into the Frankenstein monster drug cartels of today.

We can see that at work today in the current debate over the immigration reform bill working its way through Congress. House Majority Leader Boehner thought he could sell the bill to his conservative caucus by agreeing to expansive provisions to "regain control of the border" or "secure the border" by spending billions of dollars and adding 20,000 more federal agents along the Mexican border. (Nevermind that even that's not likely to be enough to satisfy Boehner's caucus, some of whom might support the bill but others of which have charmingly compared Mexican immigrants to dogs and asserted that those DREAM Act kids are mostly drug mules.)

There were 3,000 border agents in the early 1990s, 7,000 by the late 1990s, and there are 20,000 right now. The immigration bill would double that number again. As Andreas, relying on the historical record, notes, that is unlikely to stop drug smuggling or people-smuggling (there are much deeper driving forces to such phenomenon than law enforcement), but merely to divert it or reroute it, to corrupt enforcers, and to inspire the smugglers to come up with new technologies to get around it and gain entrée into Fortress America.

Andreas also makes an important point about "the threat" of transnational organized crime. That's pretty much just a fancy way of saying smuggling, he asserts, and it is nothing new. As he shows throughout Smuggler Nation, trade in contraband has been part of global trade since, well, forever. And now, given the rapid expansion of global commerce in recent decades, it would be surprising if contraband trade isn't expanding, too. It is, he argues, but possibly at a slower rate than the expansion of licit global trade. All of the hulaballoo over "the menace" of illicit trade is overdone, he dares to suggest.

Andreas is an academic who specialized in the US-Mexico border in his early career, and his publisher, Oxford University Press, is an academic press, but his writing is quite accessible to the lay reader. Smuggler Nation is chock full of great lost stories from American history, stories that hold serious lessons for us today as we struggle against the behemoth that our prohibition industry has become. Smuggler Nation will help explain how we got here, and you'll learn plenty and have lots of fun along the way.  This book needs to be on your bookshelf, and well-worn at that.

In Profit-Sharing Scheme, Oklahoma DA Used Contractor for Highway Drug Stops

An asset forfeiture scheme that utilized a private security contractor to stop vehicles on Interstate 40 in Caddo County, Oklahoma, has been shut down after garnering strong criticism. Caddo County District Attorney Jason Hicks suspended the stops earlier this month after getting a tongue-lashing from a local judge.

highway drug interdiction search (ncjtc.org)
Hicks got the bright idea of hiring the private security contractor Desert Snow LLC to do on-site training with his local drug task force. Desert Snow claims to have trained more than 30,000 police across the country in interdiction techniques. "Providing criminal and terrorist interdiction training since 1989,"it boasts on its web site, and "20+ years of high quality 'no nonsense' instruction in the pursuit of America's worst criminals."

But beyond paying the private operators to train police, the contract DA Hicks agreed to in January gave Desert Snow 25% of all assets seized during training days and 10% of all assets seized even on days the contractors were not present.

Hicks told The Oklahoman he hired the contractors "because his drug task force had little success on drug stops" and because "he hoped to make money for his office from the drug stops because of a loss of federal funds."

Stops were made on a stretch of I-40 in Caddo County, and on some occasions, no drug were found and no one was arrested, but police seized money anyway after claiming that a drug-sniffing dog had alerted. Desert Snow had earned $40,000 so far this year from its share of seizures and was in line to receive another $212,000 from an $850,000 seizure before the program blew up in its face.

Under Oklahoma law, asset forfeiture funds are to be split among law enforcement agencies that took part in the operation. But in the deal brokered with Desert Snow, the private contractor gets its cut off the top.

The sweet deal came to an end earlier this month at a hearing where a local judge learned that Desert Snow owner Joe David had pulled over a pregnant driver on I-40 and questioned her even though he is not a state-certified law enforcement officer. David was wearing a gun and possibly a shirt that said "POLICE" on the back, according to his testimony. The stop was one of 400 conducted over a five-day period with Desert Snow in February.

"I'm shocked," said Caddo County Special Judge David Stephens at a July 2 hearing. "For people to pull over people on I-40 without that license is shocking to me."

Stephens urged David not to do it again. "If you do, I hope to see you soon, wearing orange," he said, referring to the color of jail uniforms in Caddo County.

The pregnant woman and her passengers were found to be carrying 25 pound of pot, but the criminal charges against her have been dismissed. Her attorney, Al Hoch, called for reform of the state's asset forfeiture laws, saying seized money should go to the state general fund instead of directly to law enforcement.

"Law enforcement is supposed to be a public service function, not a for-profit enterprise," he said.

Those remarks were echoed by well-known Oklahoma defense attorney Irven Box, who is representing a Colorado man charged with marijuana possession after he was pulled over for a cracked windshield. Private companies shouldn't be getting paid with funds from drug stops they are involved in, he said.

"That at least gives the appearance that these seizures are done for profit and not to protect the citizens," Box said.

Anadarko, OK
United States

Spending Cuts Hurting Cocaine Interdiction, Admiral Says

Spending cuts imposed by sequestration are devastating efforts to block the flow of cocaine into the US, the director of the Joint Interagency Task Force told the Defense Writers Group in Washington Wednesday. Some 38 metric tons of cocaine that otherwise would have been interdicted will make it to US shores, claimed Coast Guard Rear Admiral Charles Michel.

Some, including the analysts who wrote a major report on drug policy for the Organization of American States (OAS) last week, wonder if it even matters.

Joint Interagency Task Force South headquarters, Key West, Florida (jiatfs.southcom.mil)
Three South American nations -- Bolivia, Colombia, and Peru -- produce the world's coca and cocaine supply, creating about 1,200 metric tons a year of the marching powder. About 500 tons of that are estimated to head for the US.

Michel said the joint command interdicted or disrupted about a third of cocaine shipments to the US last year, but that he expected that figure to drop to between 20% and 25% this year. Both figures are unusually high; the heuristic is that interdiction normally accounts for about 10% of drug trafficking.

"It breaks my heart to see multi-metric-ton cocaine shipments go by that we know are there and we don't have a ship to target it," Michel said. "Once it gets on land, it becomes almost impossible to police up."

Michel blamed not only sequestration, but also a history of declining support within the Defense Department. The task force depends on the US Southern Command for support, and even though that has "always been an economy-of-force theater," more ships and aircraft were devoted to the mission in the past.

"With sequestration, as well as other Department of Defense cuts, those resources become scarcer," he said. At his interagency group based in Key West, Fla., resources have been on a "multi-, multiyear downward trend," Michel said,"particularly for aircraft and vessels. There is more intelligence out there on the movement of cocaine than there are surface vessels to interdict this product," Michel said.

The task force covers an areas 12 times the size of the continental US, but only has a handful of assets, Michel complained.

"Right now… on any given day, I’d estimate that for US capital ships I have about three or four" and a like number of major aircraft assets such as P-3 Orions, he said. "Go back 20 years and we would have multiple times the number of ships and aircraft. It is difficult to resource this mission set, and sequestration has been devastating to it," he said.

Not everyone sees interdiction as a panacea. In last week's OAS report, The Drug Problem in the Americas, while analysts noted that interdiction successfully stopped some drugs from making it to consumer markets, producer countries were more likely to want to use their limited resources elsewhere. They also scoffed at the resort to interdiction in general.

"Interdiction is a joke. At most it will net you 5% of the drug flows, and this is seen by the traffickers as just a cost of doing business," they say in an unattributed quote include in the scenarios section of the report. "They will find another route. It's like just stopping up one mouse hole -- there are not enough resources to stop all routes. "

Washington, DC
United States

White House 2013 National Drug Strategy Released

The White House Office of National Drug Control Policy (ONDCP -- the drug czar's office) released its 2013 National Drug Control Strategy Wednesday. The strategy is being billed as a "21st Century Approach" to drug use and trafficking, but despite some rhetorical softening maintains the US hard-line approach to the issue.

"The president has outlined his vision of an America built to last -- where an educated, skilled workforce has the knowledge, energy and expertise to compete in the global marketplace. Yet -- for far too many Americans -- that vision is limited by drug use, which not only diminishes the potential of the individual, but jeopardizes families, communities and neighborhoods," ONDCP wrote on a blog post announcing the strategy's release and touting reductions in cocaine and prescription drug abuse as progress made.

"Today we are releasing a science-driven plan for drug policy reform in America to build upon this progress," ONDCP continued. "This 21st century drug policy outlines a series of evidence-based reforms that treat our nation's drug problem as a public health issue, not just a criminal justice issue. This policy underscores what we all know to be true: we cannot arrest or incarcerate our way out of the drug problem."

The strategy emphasizes treatment and prevention, but despite the rhetoric, the Fiscal Year 2014 federal drug budget it accompanies continues to be imbalanced, with 58% of federal anti-drug spending directed at law enforcement and interdiction efforts. That figure does mark a decline from previous years, but only a marginal one.

And even its emphasis on treatment also includes punitive criminal justice elements, such as its embrace of the drug court system, where drug-addicted people are subjected to legal sanctions for such addiction-related behaviors as failing a drug test or missing an appointment. That has some drug reformers calling foul.

"The administration says drug use is a health issue but then advocates for policies that put people in the criminal justice system," said Bill Piper, director of national affairs for the Drug Policy Alliance. "Until the drug czar says it is time to stop arresting people for drug use, he is not treating drug use as a health issue no matter what he says. I know of no other health issue in which people are thrown in jail if they don't get better."

While much of the strategy is little more than the same old same old, the strategy does call for expanded access to naloxone, a low-cost antidote that can reverse the effects of opioid overdoses. That is in response to the rapid growth in prescription drug overdose deaths in recent years.

"Director Kerlikowske should be applauded for taking steps to reduce drug overdose fatalities, but he's not doing much to reduce drug arrests or the many other problems associated with treating drug use through the criminal justice system," said Piper.

But while the drug strategy shows flexibility in its efforts to deal with fatal drug overdoses, it maintains a staunch opposition to marijuana reform and includes attacking outdoor and indoor marijuana cultivation as one of its key goals.

"The administration's continued opposition to marijuana law reform shows they're not serious about reforming US drug policy," said Piper. "At the very least they should stop getting in the way of states that are trying to improve public health and safety by regulating marijuana like alcohol."

Washington, DC
United States

Modest Changes in Obama's FY 2014 Drug Budget

The Obama administration released its Fiscal Year 2014 budget proposal Wednesday, including its 2014 federal drug budget. Pundits and politicians on both sides of the aisle quickly pronounced the Obama budget dead on arrival, but it does provide both a window into administration thinking on drug policy and a starting point for negotiations.

Obama's 2014 drug budget came out Wednesday. (whitehouse.gov)
There's not much new. The historic 2:1 ratio between law enforcement and interdiction spending and treatment and prevention spending, representing what critics have long called an over-reliance on enforcement, is slightly attenuated. The Obama 2014 drug budget allocates 58% of spending to enforcement vs. 42% to treatment and prevention. It is a slight improvement over the FY 2013 drug budget, where the figures were 62% and 38% -- starting to climb away from 2:1, if it continues, but not dramatically.

In a post on its web site, the Office of National Drug Control Policy's Rafael Lemaitre writes that treatment and prevention spending now tops domestic law enforcement spending, and "that's what a 21st Century approach to drug policy looks like," but that post does not include interdiction and international drug enforcement spending. When those are included, the Obama drug budget is clearly weighted on the side of law enforcement -- very much what a late 20th Century drug policy looked like.

Still, the budget calls for an 18% increase in treatment funding, and cuts in interdiction and international enforcement funding, as welling as reducing funding for the High Intensity Drug Trafficking Area (HIDTA) program, which generates ever more drug arrests working with state and local drug task forces. But spending for both the DEA and Bureau of Prisons is going up, and that raised the hackles of one drug reform activist.

"The administration deserves some credit for moving this ratio slightly in the right direction over the years, but a drug control budget that increases funding for the DEA and the Bureau of Prisons is simply not the kind of strategy we need in the 21st Century," said Tom Angell, spokesman for the Marijuana Majority. "At a time when a majority of Americans support legalizing marijuana, and states are moving to end prohibition, this president should be spending less of our money paying narcs to send people to prison, not more. If, as administration officials say, 'we can't arrest our way out of the drug problem,' then why are they continuing to devote so many resources to arresting people for drug problems?"

The administration also deserves "some credit" for reducing HIDTA funding, said Angell, but "still $193 million for the program is $193 million more than should be used to arrest people for drugs in the 21st Century."

Who Was Killed in America's Drug War Last Year? [FEATURE]

For the past two years, Drug War Chronicle has been tracking all the US deaths directly attributable to domestic drug law enforcement, including the border. You can view the 2011 deaths here and the 2012 deaths here.Soon, we will hand our findings out to criminal justice and other professionals and then issue a report seeking to identify ways to reduce the toll. In the meantime, we can look at the raw numbers from last year and identify some trends.

https://stopthedrugwar.org/files/wendell-allen-200px.jpg
A New Orleans police officer was indicted for killing Wendell Allen during a drug raid in March. (family photo)
Before we begin, though, it's important to note our resource and data limitations, as well as explaining what gets included and what doesn't. We depended largely on Google news alerts for "officer shoots" or "officer kills" and their variations (trooper shoots, deputy shoots, police shoot, etc.) We can't claim that the list is exhaustive -- some initial reports never mention drugs, although they were involved; some others may have slid through the cracks. (Our tally includes several cases where people collapsed and died during or immediately after being arrested; the drug link became apparent only weeks or months later when toxicology reports came back. We could have missed others.)

We also used fairly tight criteria for inclusion. These deaths had to have occurred during drug law enforcement activities. That means people whose deaths may be at least partially blamed more broadly on drug prohibition (overdoses, AIDS and Hepatitis C victims, for example) are not included. Neither are the deaths of people who may have been embittered by previous drug law enforcement operations who later decide to go out in a blaze of glory, nor the deaths of their victims.

It's only people who died because of drug law enforcement. And even that is something of a grey area. One example is traffic stops. Although they ostensibly are aimed at public safety, drug law enforcement is at least a secondary consideration and, sometimes, as in the case of "pretextual stops," the primary consideration, so we include those deaths when it looks appropriate. Another close call was the case of a Michigan father accused of smoking marijuana and reported to Child Protective Services by police. He was shot and killed in a confrontation with police over that issue. We included him even though it was not directly drug law enforcement that got him killed, but the enforcement of child custody orders related to marijuana use. It could be argued either way whether he should not have been included; we decided to include him.

Because we are a small nonprofit with limited resources, we have been unable to follow-up on many of the cases. Every law enforcement-related death is investigated, but those findings are too often unpublished, and we (I) simply lack the resources to track down the results of those investigations. That leaves a lot of questions unanswered -- and some law enforcement agencies and their personnel, and maybe some others, off the hook.

We attempted to provide the date, name, age, race, and gender of each victim, but were unable to do so in every case. We also categorized the type of enforcement activity (search warrant service, traffic stops, undercover buy operations, suspicious activity reports, etc.), whether the victim was armed with a firearm, whether he brandished it, and whether he shot it, as well as whether there was another type of weapon involved (vehicle, knife, sword, etc.) and whether the victim was resisting arrest or attempting to flee. Again, we didn't get all the information in every case.

Here's what we found:

In 2012, 63 people died in the course of US domestic drug law enforcement operations, or one about every six days. Eight of the dead were law enforcement officers; 55 were civilians.

Law Enforcement Deaths

https://stopthedrugwar.org/files/officer-victor-soto-velez.jpg
Officer Victor Soto-Velez was ambushed in Camuy, Arecibo, Puerto Rico, in June.
Law enforcement deaths began and ended the year. The first drug war death, on January 4, was that of Ogden, Utah, police officer Jared Francom, who was serving on the Weber-Morgan Metro Narcotics Strike Force when he was shot and killed during a "knock and enter" SWAT-style raid on a suspected marijuana grower. Five other officers were also shot and wounded, as was the homeowner, Matthew Stewart, who is now charged with his killing and faces a death sentence if convicted.

The last drug war death of the year, on December 14, was that of Memphis police officer Martoiya Lang, who was shot and killed serving a "drug-related search warrant" as part of an organized crime task force. Another officer was wounded, and the shooter, Trevino Williams, has been charged with murder. The homeowner was charged with possession of marijuana with intent to distribute.

In between Francom and Lang, six other officers perished fighting the drug war. In February, Clay County (Florida) Sheriff's Detective David White was killed in a shootout at a meth lab that also left the suspect dead. In April, Greenland, New Hampshire, Police Chief Michael Maloney was shot in killed in a drug raid that also left four officers wounded. In that case, the shooter and a woman companion were later found dead inside the burnt out home.

In June, Puerto Rican narcotics officer Victor Soto Velez was shot and killed in an ambush as he sat in his car. Less than two months later, Puerto Rican police officer Wilfredo Ramos Nieves was shot and killed as he participated in a drug raid. The shooter was wounded and arrested, and faces murder charges.

Interdicting drugs at the border also proved hazardous. In October, Border Patrol Agent Nicholas Ivie was shot and killed in a friendly fire incident as he and other Border Patrol agents rushed to investigate a tripped sensor near the line. And early last month, Coast Guard Chief Petty Officer Terrell Horne III was killed when a Mexican marijuana smuggling boat rammed his off the Southern California coast. Charges are pending against the smugglers.

Civilian Deaths

Civilian deaths came in three categories: accidental, suicide, and shot by police. Of the 55 civilians who died during drug law enforcement operations, 43 were shot by police. One man committed suicide in a police car, one man committed suicide in his bedroom as police approached, and a man and a woman died in the aftermath of the Greenland, New Hampshire, drug raid mentioned above, either in a mutual suicide pact or as a murder-suicide.

Five people died in police custody after ingesting packages of drugs. They either choked to death or died of drug overdoses. One man died after falling from a balcony while fleeing from police. One man died in an auto accident fleeing police. One Louisville woman, Stephanie Melson, died when the vehicle she was driving was hit by a drug suspect fleeing police in a high-speed chase on city streets.

The Drug War and the Second Amendment

Americans love their guns, and people involved with drugs are no different. Of the 43 people shot and killed by police, 21 were in possession of firearms, and in two cases, it was not clear if they were armed or not. Of those 21, 17 brandished a weapon, or displayed it in a threatening manner. But only 10 people killed by police actually fired their weapon. Merely having a firearm increased the perceived danger to police and the danger of being killed by them.

In a handful of cases, police shot and killed people they thought were going for guns. Jacksonville, Florida, police shot and killed Davinian Williams after he made a "furtive movement" with his hands after being pulled over for driving in a "high drug activity area." A month later, police in Miami shot and killed Sergio Javier Azcuy after stopping the vehicle in which he was a passenger during a cocaine rip-off sting. They saw "a dark shiny object" in his hand. It was a cell phone. There are more examples in the list.

Several people were shot and killed as they confronted police with weapons in their own homes. Some may have been dangerous felons, some may have been homeowners who grabbed a gun when they heard someone breaking into their homes. The most likely case of the latter is that of an unnamed 66-year-old Georgia woman shot and killed by a local drug task doing a "no knock" drug raid at her home. In another case from Georgia, David John Thomas Hammett, 60, was shot and killed when police encountered him in a darkened hallway in his home holding "a black shiny object." It was a can of pepper spray. Neither victim appears to have been the target of police, but they're still dead.

Police have reason to be wary of guns. Of the eight law enforcement officers killed enforcing the drug laws last year, seven were killed by gunfire. But at least 22 unarmed civilians were shot and killed by police, and at least four more were killed despite not having brandished their weapons.

It's Not Just Guns; It's Cars, Too

In at least seven cases, police shot and killed people after their vehicles rammed police cars or as they dragged police officers down the street. It is difficult to believe that all of these people wanted to injure or kill police officers. Many if not most were probably just trying to escape. But police don't seem inclined to guess (which might be understandable if you're being dragged by a moving car.)

https://stopthedrugwar.org/files/danielle-willard-200px.jpg
Danielle Misha Willard, a relapsed heroin user, was shot by West Valley, UT police in a parking lot in November. (facebook.com)
Race and Gender

Getting killed in the drug war is mostly a guy thing. Of the 63 people killed, only six were women, including one police officer. One was the Georgia homeowner, another was the Louisville woman driver hit by a fleeing suspect, a third was the unnamed woman who died in the Greenland, New Hampshire raid. Other than the Memphis police officer, only two women were killed because of their drug-related activities.

Getting killed in the drug war is mostly a minority thing too. Of the 55 dead civilians, we do not have a racial identification on eight. Of the remaining 47, 23 were black, 14 were Hispanic, nine were white, and one was Asian. Roughly three out four drug war deaths were of minority members, a figure grossly disproportionate to their share of the population.

Bringing Police to Justice

Many drug war deaths go unnoticed and un-mourned. Others draw protests from friends and family members. Few stir up public outrage, and fewer yet end up with action being taken against police shooters. Of the 55 civilians who died during drug law enforcement activities, charges have been filed against the police shooters in only two particularly egregious cases. Both cases have generated significant public protest.

One is the case of Ramarley Graham, an 18-year-old black teenager from the Bronx. Graham was chased into his own apartment by undercover NYPD officers conducting drug busts on the street nearby. He ran into his bathroom, where he was apparently trying to flush drugs down the toilet, and was shot and killed by the police officer who followed him there. Graham was unarmed, police have conceded. A small amount of pot was found floating in the toilet bowl. Now, NYPD Officer Richard Haste, the shooter, has been indicted on first- and second-degree manslaughter charges, with trial set for this coming spring.

The other case is that of Wendell Allen, 20, a black New Orleans resident. Allen was shot and killed when he appeared on the staircase of a home that was being raided for marijuana sales by New Orleans police. He was unarmed and was not holding anything that could be mistaken for a weapon. Officer Jason Colclough, the shooter, was indicted on manslaughter charges in August after he refused a plea bargain on a negligent homicide charge. When he will go to trial is unclear.

Criminal prosecutions of police shooters, even in egregious cases, is rare. Winning a conviction is even less unlikely. When Lima, Ohio, police officer Joe Chavalia shot and killed unarmed Tanika Wilson, 26, and wounded the baby she was holding in her arms during a SWAT drug raid in 2008, he was the rare police officer to be indicted. But he walked at trial

It doesn't usually work out that way when the tables are turned. Ask Corey Maye, who was convicted of murder and sentenced to death for killing a police officer who mistakenly entered his duplex during a drug raid even though he argued credibly that he thought police were burglars and he acted in self defense. It took 10 years before Maye was able to first get his death sentence reduced to life, then get his charges reduced to manslaughter, allowing him to leave prison.

Or ask Ryan Frederick, who is currently sitting in prison in Virginia after being convicted of manslaughter in the 2008 death of Chesapeake Det. Jarrod Shivers. Three days after a police informant burglarized Frederick's home, Shivers led a a SWAT team on a no-knock raid. Frederick shot through the door as Shivers attempted to break through it, killing him. He argued that he was acting in self-defense, not knowing what home invaders were on the other side of the door, but in prison he sits.

Both the Graham and the Allen cases came early in the year. Late in 2012, two more cases that would appear to call out for criminal prosecutions of police occurred. No charges have been filed against police so far in either case.

On October 25, undocumented Guatemalan immigrants Marco Antonio Castro and Jose Leonardo Coj Cumar were shot and killed by a Texas Department of Public Safety trooper who shot from a helicopter at the pickup truck carrying them as it fled from an attempted traffic stop. Texas authorities said they thought the truck was carrying drugs, but it wasn't -- it was carrying undocumented Guatemalan immigrants who had just crossed the border. Authorities said they sought to disable the truck because it was "traveling at reckless speeds, endangering the public." But the truck was traveling down a dirt road surrounded by grassy fields in an unpopulated area. The Guatemalan consulate and the ACLU of Texas are among those calling for an investigation, and police use of force experts from around the country pronounced themselves stunned at the Texas policy of shooting at vehicles from helicopters. Stay tuned.

Two weeks later, undercover police in West Valley, Utah, shot and killed Danielle Misha Leonard, 21, in the parking lot of an apartment building. Leonard, a native of Vancouver, Washington, had been addicted to heroin and went to Utah to seek treatment. Perhaps it didn't take. Police have been extremely slow to release details on her killing, but she appears to have been unarmed. An undercover police vehicle had boxed her SUV into a parking spot, and the windshield and both side windows had been shattered by gunfire. Later in November, in their latest sparse information release on the case, police said only that she had been shot twice in the head and that they had been attempting to contact her in a drug investigation. Friends and family have set up a Justice for Danielle Willard Facebook page to press for action.

Now, it's a new year, and nobody has been killed in the drug war so far. But this is only day two.

Coast Guard Officer Killed By Drug Smugglers

A member of the US Coast Guard was killed in the line of duty early Sunday morning when his vessel was rammed by a panga boat carrying Mexican marijuana. Chief Petty Officer Terrell Horne III, 34, becomes the 60th person to die in US domestic drug law enforcement operations so far this year.

According to KABC TV in Los Angeles, citing a Coast Guard statement, a Coast Guard cutter intercepted two boats -- a pleasure craft and a panga boat -- near San Clemente Island about 1:00am Sunday. The Coast Guard found marijuana on the panga boat, which was being operated by Mexican nationals.

After taking the pleasure craft into custody and detaining two people on board, the Coast Guard cutter crew lowered its smaller boat into the water to take custody of those aboard the panga boat. As the Coast Guard craft approached the panga, its driver rammed it, driving over the top of the Coast Guard craft and knocking two officers into the water. One officer was recovered without serious injury, but Horne suffered head injuries and was pronounced dead when brought ashore.

"We are deeply saddened by the loss of our shipmate. Our thoughts and prayers go out to his family and friends, and his shipmates aboard Coast Guard Cutter Halibut," said Admiral Robert J. Papp, Coast Guard Commandant, in a statement.

The two people in the panga were later taken into custody, along with the two people in the pleasure craft. Their identities have not been released.

In recent years, as US authorities have concentrated on blocking traditional land smuggling routes, Mexican smugglers have increasingly taken to using the sea as a pipeline to the US. The number of smugglers and immigrants arrested at sea in 2010 was 867, more than double the number arrested in 2009.

San Clemente Island, CA
United States

Drug Policy in the 2012 Elections II: The Parties and the Presidential Race [FEATURE]

As the 2012 election campaign enters its final weeks, all eyes are turning to the top of the ticket. While, according to the latest polls and electoral college projections, President Obama appears well-positioned to win reelection, the race is by no means a done deal, and there's a chance that marijuana policy could play a role -- especially in one key swing state, Colorado, where the Campaign to Regulate Marijuana Like Alcohol is running a popular and well-funded campaign to pass Amendment 64.

President Obama (wikimedia.org)
But other than that, marijuana policy in particular and drug policy in general do not appear likely to be big issues, at least between Obama and his Republican challenger Mitt Romney. That's because both candidates hold similar positions:

Both oppose marijuana legalization, which will also be on the ballot in Oregon, and Washington. Obama, while at least paying lip service to patient access to medical marijuana, which will be on the ballot in Arkansas, Massachusetts, and Montana, has presided over a Justice Department crackdown on medical marijuana distribution, while Romney appears irritated and uncomfortable even discussing the issue.

"With Obama, we've all been disappointed with the backtracking, although he also needs credit for the original Ogden memo and opening the gates to a wider proliferation of medical marijuana around the country," said Drug Policy Action head Ethan Nadelmann. "For the people most disappointed with that, the paradox is that Romney offers very little of promise."

That was illustrated by GOP vice-presidential nominee Paul Ryan's brief flirtation with medical marijuana. Last Friday, Ryan said medical marijuana was a states' rights issue. The comments came in Colorado, where the issue is hot.

"My personal positions on this issue have been let the states decide what to do with these things," he said in an interview with a local TV reporter. "This is something that is not a high priority of ours as to whether or not we go down the road on this issue. What I've always believed is the states should decideI personally don't agree with it, but this is something Coloradans have to decide for themselves."

But Ryan, who has a previous voting record opposing states rights to medical marijuana, did half a backtrack the next day, when one of his spokesmen explained that Ryan "agrees with Mitt Romney that marijuana should never be legalized."

Obama as president has supported increased drug war funding to Mexico and Central America, and Romney as candidate supports it as well. But his views are malleable. When running for the nomination in 2008, Romney suggested that spending on interdiction was a waste, and the money would be better spent on prevention here at home. Again, that is not so different from the Obama position which, rhetorically if not budgetarily, emphasizes treatment and prevention over interdiction and law enforcement.

The relative quiet around drug policy in the two campaigns is reflected in the Democratic platform and the Republican platform. There are only a handful of mentions of drugs or drug policy in the Democratic platform -- and the word "marijuana" doesn't appear at all -- all of them having to do with either combating international organized crime or touting the Obama administration's baby steps toward a slightly more progressive drug policy.

One of those progressive measures was overturning the federal ban on needle exchange funding, but the platform makes no mention or that or of the words "harm reduction." It does urge "supporting local prison-to-work programs and other initiatives to reduce recidivism, making citizens safer and saving the taxpayers money" and says the Democrats "will continue to fight inequalities in our criminal justice system," pointing to the passage of the Fair Sentencing Act as "reducing racial disparities in sentencing for drug crimes." The act actually addresses only crack cocaine sentencing.

While emphasizing their tough on crime positions, the Republican platform also takes some baby steps toward a more progressive drug policy. It calls for rehabilitation of prisoners and for drug courts, supporting state efforts to divert drug offenders to treatment, and it criticizes the federalization of criminal offenses. But the single most dramatic change in the Republican platform is that has eliminated what was in previous platforms an entire section on the war on drugs.

Just as with the candidates, the platforms give drug policy little time or space. In an election driven by the economy and the fires burning in the Middle East, the issue is going to get short shrift, especially when there is little daylight between the candidates on the platforms on the issue.

There are alternatives to the bipartisan drug policy consensus, but they remain on the margins. At least three third party candidates, Rocky Anderson of the Justice Party, Libertarian Party nominee Gary Johnson, and Green Party nominee Jill Stein, are calling for an end to the drug war and marijuana legalization, but they are all but shut out of presidential debates and media interest.

Mitt Romney (mittromney.com)
Since there is little substantive difference in the drug policy positions of the two front-runners and since their positions on marijuana legalization put them at odds with half the country -- 50% now support legalization, according to the most recent Gallup poll -- neither candidate has much incentive to open his mouth on the issue. And they may be able to get away with it.

"Can the campaigns get away with not talking about marijuana?" Drug Policy Action head Ethan Nadelmann asked rhetorically. "That depends. First, will the question get popped at one of the debates? I don't know how to influence that. The second possibility will be if the candidates are obliged to answer a question somewhere, but I don't know how much they're taking questions -- their handlers are trying to keep them on message. The third possibility is that they will say something at private events, but who knows what gets said there?" he mused.

"They are certainly going to try not to talk about it," said Morgan Fox, communications director for the Marijuana Policy Project. "Given Romney's anger at a reporter for bringing up the issue and Obama's reluctance to address questions about marijuana policy in public forums, one can expect them to continue this behavior until forced to answer questions by the media or the public."

That leaves voters for whom marijuana reform is an important issue hanging out to dry.

"Unless one of the candidates sees an opportunity for a large boost in support by changing his position on marijuana policy, voters will be forced to choose between either third party candidates or the major party option that they think will do the least amount of damage to reform efforts going forward," said Fox. "If we consider Obama's behavior so far and Romney's staunch anti-marijuana statements (as well as the fact that he has never used it) it becomes a really difficult choice for voters."

Nadelmann begged to differ on that point.

"Romney has been more hostile on this issue than McCain or Bush or any Democratic candidates since Bush the Elder," he said. "He is visibly uncomfortable and even hostile regarding even the most modest drug policy reforms. Romney said if you want to legalize marijuana, you should vote for the other guy. That's very telling, with over 50% of independents and even more than 30% of Republicans supporting marijuana legalization. Why would Romney say that? The Obama campaign would have a hard time running with this, but someone else could."

Still, the lack of space between the major party candidates on the issue may leave an opening for Anderson or Johnson or Stein, Fox said.

"These candidates are the only ones offering real solutions to the quagmire of marijuana prohibition, or even taking definitive stances on the issue. The more they continue to draw public attention to marijuana reform while the major players stay silent, the more we can expect voters to pay attention to them and take them seriously," he predicted. "We can also expect their vocal support for reform to draw the attention of the major candidates and possibly elicit some sort of positive response from one or both of them. Whether that response will be sincere or simply lip-service to prevent third-party candidates from siphoning votes in key elections remains to be seen. However, even the latter would be a sign that the message is getting out and that politicians are at least starting to realize where the public stands on marijuana."

The one place where marijuana policy discussion may be unavoidable and where marijuana policy positions could influence the statewide electoral outcome is Colorado. Marijuana is a big issue in the state, not only because Amendment 64 is on the ballot, but also because of the ongoing war of attrition waged against dispensaries there by the DEA and the US Attorney. (The Colorado Patient Voters Project tracks federal activity against medical marijuana in the state, as does our own Medical Marijuana Update series, accessible with other relevant reporting in our medical marijuana archive section.)

Gary Johnson (garyjohnson2012.com)
And it's a tight race where one third party candidate in particular, Gary Johnson, is making a strong run and exploiting his popular legalization position on marijuana. While the Real Clear Politics average of Colorado polls has Obama up 48.7% to Romney's 45.3%, the race tightens up when Johnson is included in the polls.

"I think Colorado is key," said Nadelmann. "It has the initiative and it's a swing state, and there is the possibility that Gary Johnson or the Green candidate could make a difference. The polling has been split, and the question with Gary Johnson is whether he draws more from Obama or Romney."

One recent poll may hold a clue. Among the polls included in the Real Clear Politics average is a new Public Policy Polling survey, which had Obama beating Romney 49% to 46%. But when the pollsters added Johnson to the mix, he got 5%, taking three points away from Obama, but only two from Romney, and leaving Obama with only a two-point lead, 46% to 44%.

This year's election results from Colorado could mark a historic point for the marijuana reform movement, and not just because of Amendment 64, said Fox.

"This is a state where we are really going to see the power of this issue as it relates to elections," he said. "This is possibly the first time that marijuana policy could affect the outcome of a presidential election. That just goes to show how far reformers have come in just a few short years. As public opinion in support of ending prohibition continues to grow, the paradigm is going to shift from politicians avoiding the issue at all cost or being knee-jerk reactionaries who want to appear 'tough on crime' to candidates addressing marijuana policy in a rational manner as a way to build support."

We'll see in a few weeks how this all shakes out, but before then, we'll be taking an in-depth look at pot politics in Colorado in the context of Amendment 64. Stay tuned.

Please read our last week's feature, overviewing the various state ballot initiatives: Drug Policy in the 2012 Elections I: The Initiatives.

(This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares 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.)

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