Sheriff’s Office Claims Infant at Fault for SWAT Team Blowing His Face Apart with Grenade

[Garion_55]

Habersham County Sheriff, Joey Terrell, has allegedly given the most asinine defense about why a SWAT team blew a babies face off. The defense was allegedly used in a federal lawsuit on behalf of an infant hit with a grenade by SWAT during a botched raid in May of last year.


"The act of sleeping in a room about to be breached by a SWAT team constituted “criminal” conduct on the part of the infant. At the very least, the infant was fully liable for the nearly fatal injuries inflicted on him when Habersham County Sheriff’s Deputy Charles Long blindly heaved a flash-bang grenade – a “destructive device,” as described by the ATF, that when detonated burns at 2,000-3,500 degrees Fahrenheit – into the crib.




Merely by being in that room, Bou-Bou had assumed the risk of coming under attack by a SWAT team. By impeding the trajectory of that grenade, rather than fleeing from his crib, Bou-Bou failed to “avoid the consequences” of that attack.

In any case, Bou-Bou, along with his parents and his siblings, are fully and exclusively to blame for the injuries that nearly killed the child and left the family with more than one million dollars in medical bills. The SWAT team that invaded the home in Cornelia, Georgia on the basis of a bogus anonymous tip that a $50 drug transaction had occurred there is legally blameless.”




absolutely disgusting

http://thefreethoughtproject.com/infant-responsible-grenade-thrown-face/#pecZPzBq6bydkUIp.99

[Vincardog]

1. absolutely disgusting

[Garion_55]

7. blaming the victim. isnt that what rapists do?

[Vincardog]

13. Rapists and FASCISTS

[Enthusiast]

43. +1!

[lark]

44. Murderers

rapists, racists and facists aka police in our country. Yeah, those are tough words, but when an infant in said to be criminally responsible for the assholes nearly killing her, that's beyond the pale. These jerks are out of control and need to be stopped.

[ybbor]

26. More like...

Fucking disgusting!

May they all rot in Hell!

[chillfactor]

2. most asinine defense I ever heard...

the baby was responsible? Who thought up that bucket of s***?

[arcane1]

3. For clarity, those quotes come from a blogger, not the asshole sherrif

The blog in question:
http://www.freedominourtime.blogspot.com/2015/05/pity-poor-stormtroopers-baby-bou-bou.html

[dgauss]

22. Right, those are quotes from the blogger not the actual defense.

Here is where he gets them from:

This is the defense presented by Haberham County Sheriff Joey Terrell and his comrades in their reply to a federal lawsuit filed last February on behalf of Bou-Bou Phonesavanh and his family.

It's 36 pages and mostly goes like this:

40.
Responding to the allegations contained in paragraph 40 of plaintiffs'complaint, these defendants admit only that defendant Charles Long deployed adiversionary device into the subject residence pursuant to the pre-operational plan.These defendants deny the remaining allegations contained in paragraph 40 of plaintiffs' complaint.


41.
Responding to the allegations contained in paragraph 41 of plaintiffs'complaint, these defendants admit only that plaintiff Bounkham "Bou Bou"Phonesavanh sustained injuries from the noise flash diversionary device. These defendants deny the remaining allegations contained in paragraph 41 of plaintiffs'complaint

.....

48.
These defendants deny the allegations contained in paragraph 48 of plaintiffs' complaint.
49.
These defendants deny the allegations contained in paragraph 49 of plaintiffs' complaint.
50.
These defendants deny the allegations contained in paragraph 50 of plaintiffs' complaint

But then you get to this in the last few pages:

FIFTHDEFENSE
Plaintiffs' damages, if any, resulted solely from the voluntary and intentional conduct of plaintiffs or others and not from any conduct of these defendants or those over whom these defendants had any control.

SIXTH DEFENSE
Plaintiffs' damages, if any, were caused by the independent acts and decisions of persons and entities other than these defendants or those over whom these defendants had some legal right of control.

SEVENTH DEFENSE
To the extent as may be shown by the evidence through discovery, these defendants show that plaintiffs' damages, if any, were directly and proximately caused by the contributory and comparative negligence of plaintiffs and their failure to exercise ordinary care.

[arcane1]

23. Thanks! They lost me at the upteenth "deny" and I didn't make it that far.

That definitely reads like some kind of "if you weren't suspicious of drugs this would never have happened" crap.

To paraphrase Gore Vidal, the presence of a flushsable toilet nullifies the 4th amendment.

[dgauss]

55. Kind of like...

It's your own fault we suspected you.
It's your own fault we chose to throw an incendiary device through your window.
It's your own fault our throwing an incendiary device through your window resulted in your baby's face getting blown up.

But in legalese.

[bravenak]

4. Not the Onion, then?

[Rolando]

5. It's Georgia

[n2doc]

6. Could be anywhere

Pigs act the same in all states

[truedelphi]

8. Pacific Gas and Electric sued the citizens of Burlingame Calif.

When a gas line ruptured and totally blew up 19 homes, partially did damage to other homes, and killed people.

Never mind that the state had GIVEN PG & E the $ 50 million bucks it needed to replace the pipeline - they had other things to do rather than spend perfectly good money on replacing a worn out pipeline.

So although I grieve and feel awful when I hear about things like this, I am not shocked.

This is what happens inside a Totalitarian regime.

This is what happens inside a Totalitarian regime.

If we don't like it, we need to start organizing.

[hifiguy]

9. Jayzus H. Baldheaded Keerist.

How the FUCK could any sane human being make that argument. Oh wait, it's kkkops, so sanity and humanity do not enter in to it.

[AtomicKitten]

10. Utter insanity. Disgraceful.

[lpbk2713]

11. This is the price the parents are paying for being poor non-caucasians.

As the system sees it, they are not worthy of protection under the law.

[democrank]

12. Just when I think I`ve heard it all......

BAM!

[MarianJack]

14. The only thing an infant can POSSIBLY be liable for is...

...making poo poo in the didey!

Let me guess. Fox "News" will agree.

PEACE!

[WillyT]

15. Meet Baby Bou Bou...

Justice for Baby Bou Bou Link: http://justiceforbabyboubou.com/

[Joe the Revelator]

27. I am not a violent man...

...but geez, if I was that baby's father, I don't know what I'd do. Props to him for keeping his cool (assuming its the guy in the last picture). That makes me completely sick.

[WillyT]

28. Um... It... Invites A Lot Of Questions On How We Deal With... The Authorities...

I'm not violent either...

Yet that's just the thing to change that reality.

[Joe the Revelator]

30. Seriously,thanks for sharing that link. That hit home.

I had heard of this 'incident' but never saw the photos. I'm going to hold my son a little closer tonight.

The war on drugs needs to end, the war on people by their own police force needs to end. Thanks for sharing that, because nobody should ever ever ever go through that.

[WillyT]

33. + 1,000,000,000 - That Just Made Me Cry...

Give your son a hug from me... please ???

[Joe the Revelator]

34. I'm feeding him in a half hour, it'll be my pleasure.nt

[irisblue]

39. a second hug from me as well please

[randys1]

51. We are all potentially violent. Just that most of us, liberals especially, are careful not to be

There is a limit though

[WillyT]

53. WORD !!!

[pansypoo53219]

16. saying OOPS is hard.

[packman]

17. If this ever goes to trial

I hope I get on the jury. Reading this it is amazing they didn't arrest the baby - and over a $50 POSSIBLE drug transaction.

[avebury]

18. Unbelievable. I would like to be on that jury.

The only issue for me would be how much to make them pay the family. I don't see how they Sheriff's Dept. thinks that their defense will fly with a juror.

[Noah331]

19. Legal go fund me

People should join together to hire the best legal counsel to help this family and others that are battling the crazy government we have right now.

[GeorgeGist]

20. Our legal system is often a sanctuary ...

for sociopaths. Cops, lawyers, and judges.

[Marrah_G]

21. wtf

[NYC_SKP]

24. Oh My God!

“The act of sleeping in a room about to be breached by a SWAT team constituted “criminal” conduct on the part of the infant. At the very least, the infant was fully liable for the nearly fatal injuries inflicted on him when Habersham County Sheriff’s Deputy Charles Long blindly heaved a flash-bang grenade – a “destructive device,” as described by the ATF, that when detonated burns at 2,000-3,500 degrees Fahrenheit – into the crib.

Merely by being in that room, Bou-Bou had assumed the risk of coming under attack by a SWAT team. By impeding the trajectory of that grenade, rather than fleeing from his crib, Bou-Bou failed to “avoid the consequences” of that attack.

In any case, Bou-Bou, along with his parents and his siblings, are fully and exclusively to blame for the injuries that nearly killed the child and left the family with more than one million dollars in medical bills. The SWAT team that invaded the home in Cornelia, Georgia on the basis of a bogus anonymous tip that a $50 drug transaction had occurred there is legally blameless.”

Read more at http://thefreethoughtproject.com/infant-responsible-grenade-thrown-face/#XjghWhpKVVfTZkVE.99

[Jackpine Radical]

25. Whooo--Slow down a sec, SKP.

These passages are a (very) loose interpretation of what was actually in the document. The sheriff is actually more or less blaming the adults present for creating the situation in which the child was injured; they're not actually asserting that it was the child's fault per se.

[Joe the Revelator]

31. Even so, no drugs were found, it was a completely bullshit entry into that home

[Jackpine Radical]

35. Absolutely. It was another criminal police action against civilians.

I certainly hope that you didn't take my comment to imply anything but condemnation for those cops. I was just pointing out that the presentation of the story was flawed, that the author was misrepresenting the actual document. We do ourselves no favors by being associated with unreliable commentary.

[Joe the Revelator]

36. Agreed. It was a satiric attempt at translating the legalese. nt.

:thumbsup

[Jackpine Radical]

37. That's a good way to put it.

Unfortunately, it was written in such a way as to invite Godwin's Law.

[diabeticman]

29. Please! Lie to me and tell me this is a VERY Lame attempt at satire.

Someone lies about buying drugs at the house and the victims of the lie are responsible for the illegal action against them....

[Joe the Revelator]

32. Just collateral damage in the war on drugs. 1M in medical bills....

...and the county of Habersham is hiding behind some bullshit immunity clause that GA has for its county Governments. I lived in that state for 5 years. Aside from the Braves, its really a worthless pit of ignorance. (on a governmental level)

[dbackjon]

38. Makes perfect sense - Babies are violent thugs capable of inflicting greivous harm

I had one the other day threaten me with a nuclear weapon if I didn't give him his binky back.



Oh - and puppies. Dangerous.

[valerief]

40. Makes one feel hopeless reading this shit, doesn't it? nt

[gregcrawford]

41. Terrell is an evil bag of rat excrement...

... who should have a flash-bang shoved where the Sun don't shine.

[Schema Thing]

42. This was a shitty act with shitty motives - BUT, the above is an editorialization

those are quotes of an editorial, not quotes from court documents.


And I'm sure the defense will make shitty arguments to try and keep the county from having to pay. But now I'm curious what those arguments actually are.

[Angry Dragon]

45. We now live in a Police State and it will only get worse

[questionseverything]

46. honestly i think this is the case that the nation should be rallying around

this child is the perfectly innocent victim

[FiveGoodMen]

47. I say it condemns the whole human race that the nearest bystanders didn't beat him to death

on the spot.

What have we become that we will stand by cooperatively while the 'baby had it coming' defense is being offered?

[Dont call me Shirley]

48. Totalitarian Authoritarian Jerks!

[world wide wally]

49. The asshole hasn't been fired yet?

[niyad]

50. I was hoping that this was from the Onion. dear goddess, what the **** is wrong with

some people?

[sulphurdunn]

52. It would be easier to understand the defense

if the cop's lawyers spoke English.

[Warren DeMontague]

54. That story was fucking HORRIBLE. Poor Baby Bou-Bou.

Another Drug War success story.