Oops. Wrong House. Sorry!
Two Kauai police officers were sued in federal court yesterday for allegedly slamming two grandparents to the ground and putting guns to their head after wrongly suspecting they were marijuana dealers.
Officers Scott Kaui and Damien M. Mendiola, as well as Kauai County, are named as defendants in the suit brought by Sharon and William McCulley of Omao alleging violations of their constitutional rights, assault and infliction of emotional distress among others.
The police officers were tracking a box allegedly containing marijuana mailed from the mainland, and broke into the McCulleys' house March 15 because they thought the couple, who were at home watching their grandchildren, had the box, according to the suit.
Police entered the McCulley residence, thinking the McCulleys were holding the box.
According to the lawsuit, Mendiola grabbed Sharon McCulley and threw her to the ground, handcuffed her and pressed his gun into her head, leaving a mark, while her grandchild was forced to lie near her.
William McCulley, meanwhile, was thrown to the floor by Kaui, the suit alleges. McCulley, who suffers a nerve disorder and has an implanted electronic"shocking device" to his spine to alleviate pain, started flopping on the floor due to the shocks created by being thrown to the floor. He walks with the aid of a walker.
Police also searched another house without finding the box. Those people have made claims against the county but have yet to file a lawsuit. Police then went to a third house, where they found those with the box.
Well damn. Good thing they found the box. All that terrorizing and damn-near killing of people would have been for naught had police failed to find it.
But since they did find it, nearly scaring an elderly couple literally to death was worth it, right? I mean, it's the price we citizens have to pay in exchange for the government protecting us from the scourge of marijuana.
What drug warrior wants to volunteer his own grandparents for the next botched raid?
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Dan McNamara - 1/16/2009
Reading about this raid only makes me curious as to why people have become so self-righteous. Mistakes happen in any field, whether public or private. Surgeons aren't perfect, Charity workers aren't perfect, Police aren't perfect.
The main thing people lose sight of is the simple fact that each person has their own job to do and no one is perfect.
People have become so full of "Self worth" that in these modern times, they feel that "They" should never have to suffer misfortune.
People need to be more flexible, because we are only surrounded with other people and the numbers aren't shrinking.
If the police made a raid into the wrong home and the mistake was not intentional, then they are still doing a job in good faith.
If negligence is the cause then the task is to find the route of "Who done it". Take the steps necessary to ensure that it is corrected and call it complete.
We all have a responsibility to each other. I would prefer that their was as little crime in society as possible. So if I have to be inconvenienced by something like this raid "Mistake", then so be it.
By being flexible to such mistakes, I allow the police to do a more aggressive job of stopping crime.
I'd hardly call it corrupt that police went into the wrong location on good faith, the story would be different if it was determined to be an intentional act to punish or harass someone.
The fact that it was marijuana instead of crack cocaine is irrelevant. When marijuana becomes legal, then it won't be a crime in which a search warrant can be issued. Until then, stop judging enforcement actions...it's black or white not gray. Is marijuana still illegal in that state? If the answer is "Yes", then that defines the "Justice" of it. The law isn't based on someone's perception on whether or not the "Offense" is "Serious enough" to be enforced nor the severity of enforcement.
If someone things marijuana or any other crime should be legal, then gather signatures and take it to state and federal government officials. If there are more citizens that "Want" the crime legalized, then their signatures and votes will be the written word of the law. How do you think we got the laws to begin with?
Don't attack the messenger....attack the law. If there is an enforcement mistake, locate the mistake and remedy it. The inconvenience from the mistake is just that.....an inconvenience. A small price to pay to know that even the "Least significant crime" is being diligently enforced.
What infuriates me about society's constant "Quick to attack" attitude on law enforcement is the simple fact that they will complain all day long about their distaste for police, But if you heard people/a person breaking into your home with your wife and children present......who would you call for help?
The answer isn't Ghostbusters. Don't make law enforcement any more of a thankless job then it already is...because someday we as a society may vilify them so badly that when we do call for their help, the only response we'll receive is...
"I'm sorry, we don't have enough money or resources to assist you because were having difficulty recruiting police officers"
If police brutally beat a person without cause or intentionally break the law, then take action against them. If it's an honest mistake, have tolerance and compassion on them. Because when our lives are in danger, its their compassion and will to endanger themselves that repays us.
Thanks for listening.
Krstafer De Pinkerton - 4/27/2006
With regards to the blog I am responding to, When they finally did find the box, which was thrown over the cliff into a heavily vegetated valley, Nathan Prather was not at the residence. This is the person the box was addresssed to. It was me who brought in Nathan to the police department.
Nathan had called me asking for advice. He was reluctant to tell me the story and would not tell me the story over the phone. When I met up with him, the story was shocking. He asked for my advice. I gave it to him: "Turn your self in. Afterall the package was addressed to you"
With much hesitation, he agreed but was nervous so I brought him to discuss his involvement with Damien Mendiola, the Kauai Police Vice Officer named in the forementioned article.
In my plight of doing good works for the island of Kauai, I have been maliciously arrested and targeted on three occassions, thus the third arrest resulting in a fractured wrists and head injury rsulting in a concussion.
I have been handed inside documents from police sources who are aware of the conspiracy against me.
Audio files, police documents and police reports validify the claims I am making against the Kauai Police Officers involved in my case(s). There are over 10 Police Offciers involved in these malfeasences.
Read more: http://www.kpinkerton.com
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