Atlanta cop in botched drug raid pleads guilty

Arthur Bruce Tesler is already serving four and a half years in prison

By BILL RANKIN

The Atlanta Journal-Constitution

Thursday, October 30, 2008

The federal investigation into the fatal shooting of 92-year-old Kathryn Johnston ended Thursday with the guilty plea of former Atlanta police Officer Arthur Bruce Tesler.

Against the advice of his lawyer, Tesler pleaded guilty to conspiring to violate civil rights, resulting in the Nov. 21, 2006, death of Johnston at her Neal Street home.

As part of a plea agreement, federal prosecutors will recommend a sentence of 10 years and one month in prison. Tesler, 42, is to sentenced in February.

Johnston’s killing shocked the nation. It also rocked the Atlanta police force with revelations that officers faked warrants to make drug cases.

“The killing of Kathryn Johnston by Atlanta police officers was a terrible and unnecessary tragedy,” U.S. Attorney David Nahmias said. “We are glad that today’s guilty plea brings another measure of justice to Ms. Johnston, her family and our community.”

The case prompted a revamping of the narcotics squad and extensive training, Nahmias added.

The federal investigation is now over. The FBI will hand over a report to Atlanta Police Chief Richard Pennington with recommendations that could lead to state prosecutions or administrative discipline of other officers, Nahmias said.

Greg Jones, FBI special agent in charge, said both he and Nahmias were pleased the federal probe did not uncover “systemic corruption” throughout the Atlanta Police Department.

Still, Jones said, he believed it was “inevitable” that misconduct by Atlanta narcotics officers taking illegal shortcuts to obtain warrants would result in a fatal shooting such as Johnston’s.

The federal probe already resulted in the guilty pleas of Jason R. Smith and Gregg Junnier, two of Tesler’s partners the night of Johnston’s death. Both pleaded guilty to a state charge of voluntary manslaughter and federal civil rights charges. They have yet to be sentenced.

Tesler, who did not fire shots on the evening of Johnston’s death, was stationed at the rear of the home when the shooting occurred.

The fatal incident started out as a planned arrest of a drug dealer, with officers believing a kilogram of cocaine was inside Johnston’s Neal Street home.

The officers lied to a judge, smashed in Johnston’s door and unloaded 39 shots at the elderly woman as she fired a shot at the invaders with an old revolver. One officer then handcuffed Johnston as she lay dying. Drugs were then planted in her basement.

In May, Tesler was convicted in Fulton County of lying in the investigation of the botched drug raid. He was sentenced to four years and six months in prison.

Nahmias said federal authorities did not believe Tesler’s state punishment was adequate.

Tesler’s plea almost didn’t occur. Hours before the hearing, his lawyer, William McKenney, said his client had yet to make up his mind. At the plea hearing, McKenney disclosed he thought Tesler should have fought the charges at trial.

“But he’s making a decision that’s only his to make,” the defense attorney told U.S. District Judge Julie Carnes.

When Assistant U.S. Attorney Jon-Peter Kelly read the “factual basis” of the case, Tesler waivered. Carnes then gave Tesler, wearing leg irons and an orange prison jumpsuit, time to read the prosecution’s account.

For the next 10 minutes, Tesler sat at the defense table reviewing it. McKenney then gave the document back to prosecutors, who made minor changes and returned it to Tesler for his review.

Tesler, finally satisfied, agreed to the changes another 10 minutes later and entered his plea.

State Sen. Vincent Fort (D-Atlanta), who attended the plea, said the two years since Johnston’s shooting have been “hellish” for the northwest Atlanta community. He called for a robustly funded citizen review board to investigate police misconduct and legislation outlawing no-knock warrants to protect both the public and the police.

“Hopefully, what happened today will be one step in a healing process, but we have a long way to go,” Fort said. “Do I think something like this can happen again? Yes, I do.”