Cops Who Flash Banged Infant Are Blaming the Baby
Nearly a year has passed since a Habersham County SWAT team stormed into the Phonesavanh residence, and very nearly killed their 19 month old child. The no knock raid was prompted by an anonymous tip which suggested there were drugs in the house. As the officers forced their way into the home, they lobbed a flash grenade which wound up landing in the crib where baby “bou-bou” was sleeping. As it erupted, the infant suffered severe burns and had to be taken to the hospital, and placed in a medically induced coma.
To any sane person, the sheriff’s department would be responsible for the damage inflicted on this child. Not only were there no drugs in the house, but the suspect they were looking for was found elsewhere. And despite their claims that they had the house under surveillance for two days prior to the raid, somehow they had no idea that there were children who lived there.
Still, the family had to fight the county tooth and nail to have their $1 million in medical bills reimbursed. Last month they settled with the county, and received $964,000, half of which will be given to them now, and the rest will be given to baby after he turns 18. While it’s great to hear that the family is getting something out of this, it’s shocking to see how defiant the sheriff’s department was, right to the very end. They never once admitted culpability for their gross negligence, and in a bizarre twist, their defense statement in court basically blamed the infant for his own injuries.
William Norman Grigg from the Pro Libertate blog read through the lengthy document, and sifted through the legalese for our benefit. It’s almost unbelievable how far the sheriff’s department was willing to go to avoid paying the family whose child they burned alive.
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.
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.
Can you believe that? It gets much worse from here. When photographic evidence of the baby’s horrific injuries were shown in court, the defendants denied that the photograph “accurately depicts the injuries allegedly sustained.” The statement goes on to the blame the parents and the baby because the damages caused to the child were “directly and proximately caused by the contributory and comparative negligence of the plaintiffs and their failure to exercise ordinary care.”
And as a last-ditch effort to avoid paying the bill, the sheriff’s department invoked the principle of “laches,” which in the legal world, is a kind of use it or lose it statement. It basically means that you don’t have the right to sue, if you waited a long period of time in the hopes that future circumstances would favor your case. It doesn’t apply in this case at all because the family almost immediately filed a notice with the court after the incident.
The origins and usage of that obscure and archaic legal term do offer some insight about the way Bou-Bou’s would-be murderers see themselves, and their victim.
“Laches” is a term embodying the ancient legal maxim that “Equity favors the vigilant, and not those who have slumbered on their rights.” Defendants who appeal to this oft-cited and little-applied concept are accusing plaintiffs of subjecting them to a form of “legal ambush.”
What Sheriff Joey and his cornpone chekists are claiming, in effect, is that while he was sleeping, Baby Bou-Bou ambushed them.
How low can one police department go?
Delivered by The Daily Sheeple
Contributed by Joshua Krause of The Daily Sheeple.
Joshua Krause is a reporter, writer and researcher at The Daily Sheeple. He was born and raised in the Bay Area and is a freelance writer and author. You can follow Joshua’s reports at Facebook or on his personal Twitter. Joshua’s website is Strange Danger .
Source: http://www.thedailysheeple.com/cops-who-flash-banged-infant-are-blaming-the-baby_052015
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complete and unambiguous insanity on the part of the sheriff, he should immediately be taken into permanent protective custody for his and society’s safety!
They allow this man to own weapons??
“By impeding the trajectory of that grenade, rather than fleeing from his crib, Bou-Bou failed to “avoid the consequences” of that attack.”
But if you try to avoid the consequences of an attack – then they tase you and claim you were resisting arrest. Unless you happen to move even slightly in their direction. Then they just shoot you and claim you were assaulting them.
Wow, blaming the baby? The police sound like liberals.
No doubt there are some circumstances where the victim can be shown to be negligent in their conduct. However offering such a defense for your own negligence is inadvisable, because that would negate a claim you could make if you yourself happen to be the victim of a wrongdoing, for example “I didn’t assault the officer that threw the flash bang, he got in the way of my fist/ baseball bat.”, and “I’m not culpable for his bones being broken, if he had done his due diligence and replaced his skeleton with one made of titanium he wouldn’t be in hospital.”, you get the idea.
I suspect now that the case has been heard, the officer responsible will be suing the city for making him throw the flash bang into the baby’s crib.
The words baby and grenade don’t really belong in the same sentence.
Their alleged defense doesn’t absolve them of responsibility, it only makes them look like a bunch of idiots. I’m sure a lawyer was the author of this defense.
I only hope they realize how tired of this crap we’re getting. Don’t use a ridiculous defense like that, and not expect us to laugh you out of the room !