Police Reportedly Demand To Use Home As Stake Out Despite Refusal of Family, Bash In Door, Shoot Homeowner with Pepperballs, and Arrest Him And His Father

images-1jchronisterRemember that whole business in the Third Amendment about not having quarter soldiers in private homes without the owner’s consent or that stuff in the Fifth Amendment about takings of property or that other stuff in the Fourth Amendment on unreasonable searches and seizures. It does not appear to apply to police in Henderson Nevada. The City of Henderson is being sued with its police chief Police Chief Jutta Chambers (left) as well as the City of North Las Vegas and its Police Chief Joseph Chronister (right) for a bizarre takeover of a home for a stakeout. Anthony Mitchell says that he was told that police needed to occupy his home to get a “tactical advantage” on the occupant of a neighboring house. When Mitchell refused, the police ultimately, according to his complaint, busted through his door, hit him with pepper balls, and put him into custody. The lawsuit also names Officers Garret Poiner, Ronald Feola, Ramona Walls, Angela Walker, and Christopher Worley.

Mitchell says that the ordeal began with a call from Officer Worley demanding access to his home. He refused to allow the police to do so and the call ended.

The complaint states that Officer David Cawthorn laid out the following plan in a report: “It was determined to move to 367 Evening Side and attempt to contact Mitchell. If Mitchell answered the door he would be asked to leave. If he refused to leave he would be arrested for Obstructing a Police Officer. If Mitchell refused to answer the door, force entry would be made and Mitchell would be arrested.’” Ultimately, when Mitchell did not open the door, the police bashed it in, shot him with “pepperball” rounds, searched the house, and set up a lookout point in the house. He says that they then went to his father’s house, a few doors away, and made a similar “request.” They took the father to the Henderson police station, and when he tried to leave, they arrested him. When his wife Linda opened the door, they used the house as planned. Both Mitchell and his father were booked them for obstructing an officer.

If these allegations are true, it is unclear why the police chiefs or the responsible prosecutors are still employed. Chief Chambers retired with a large buyout from the city.

All of the charges were later dismissed, a pattern we have seen in police abuse cases where victims are hit with charges and later offered pleas bargains or settlements. In this case, the charges were dropped but what prosecutor prepared the charges to begin with?

What I find most troubling about this case is that it seems to be following a trend. After the Boston bombing, I wrote a column expressing concern over how the Boston police effectively searched every home in a huge area — forcing families into the street under some general claim of exigency. It turned out that the suspect was not in the area. Police seem to be using exigency or “tactical” claims to circumvent constitutional protections.

I am eager to hear the response of these departments because, if true, these allegations constitute a chilling case of police abuse. If police can simply proclaim a “tactical” need as the basis for entering any home, the fourth amendment would become a purely discretionary rule. In my view, Mitchell had every right to refuse the use of his home. This was not some hot pursuit of a suspect or a need to protect officers from an imminent threat or harm. It was the forced occupation of a home — a poignant case to read on the Fourth of July weekend. We previously broke away from a guy named George who liked to do stuff like this.

Source: Courthouse News
Kudos: Andre Campos

114 thoughts on “Police Reportedly Demand To Use Home As Stake Out Despite Refusal of Family, Bash In Door, Shoot Homeowner with Pepperballs, and Arrest Him And His Father”

  1. Oh and let me add that the DCI during Jonestown and Afghanistan-Russia War was STANSFIELD TURNER. He is very outspoken as to what happened at Jonestown and the McGill University angle. I believe he was the one to expose the “burn-bag” incident of by a DCI before him (Richard Helms) of classified documents about the once secret CIA unethical neurophysiological experiments being performed to create remorseless assassins. The Bush Family is implicated in that too (see Henry Lee Lucas death-sentence commutation via Dubya Bush) – King Tin-Hat (LOL)

  2. BTW – HW Bush had just left DCI a year before Jonestown. It appears that sometime under Carter Administration (during Jonestown) many strange things were underway by a group of neoconservatives (i.e. recruiting UBL out of college to take over “the database” or “the base” (aka al-Qeada) during the Afghan anti-Russian Mujahedin operation (Research: Charles Wilson’s War for clues). That same neocon group had plans in place that allegedly led to what happen decades later and blamed on UBL and his CIA-inspired-database. They were Bush, Cheney, Wolfawitz, Pearl, etc.

    No I am NOT a Bush Family fan. Too much M&M (murder and mayhem) in their past (i.e. Even in-law Laura Bush was not immune to M&M…)

  3. Gee, Son, you sure the Jews didn’t do it? Oh, I’m sorry. The present conspiracy “code” is Israel did it via the Mossad. Or, is that just reserved for 9/11? Have you hopped on the Cynthia McKinney wagon on the involvement of the Bush family, as well as various shadowy groups [the Jews].

    But was Mossad working with the CIA is wiring those buildings for demolition? And don’t forget: we all know the fires were not hot enough to melt the steel supports.

    And on Jonestown. I’m not sure I’d want my whole conspiracy theory hanging on a coroner in Guyana. Though, I’m sure coroners in Guyana are some of the best in the world. Hell, this guy probably went to J. Hopkins!

    First my friends here call me SOTB. I like the implied play on words that makes me sound like a “sot” or drunk. I like it…

    I would NEVER blame the JEWS for anything (hear that MikeS???). Not even Jesus’ execution 2ky ago. That was the Italians (Romans) at the behest of the Sanhedrin. Jesus was a Jew too. I have Ashkenazim ancestors from UK too. Now if you want to NARROW that down a bit to the LIKUD PARTY of the Israeli Knesset then I will join in with you with Conspiracy Theories.

    The Mossad is actually called Ha-Mossad which means “The Institute” started by David Ben-Gurion. Yes they work with CIA since their inception in 1949. James Jesus Angelton (Ku-Mother/Kingfisher), CIA Counterintelligence, was tasked to help teach them counter-espionage trade-craft techniques in the early days. Now the Mossad has their own section offices at Langley VA CIA HQ (IMO not a desirable situation by many US spooks) – IMO that is.

    No I don’t blame any of them for 9/11. However, I also don’t blame a tall sick very rich Saudi man on dialysis in Abbotabad Pakistan for it either (i.e. UBL). I I were to blame anyone I would not look directly at CIA nor Israel. However, according to ex-Mossad agent (katsa) Victor John Ostrovsky, sayanims (sympathiezers) and katsas routinely work within the American intelligence community. Who else could have pulled off such a coordinated operation? Who else knew about the War Games scheduled for 9/11? Who else could fake those airborne cell phone calls on the Pennsylvania part of the plot? Who else could pull off a fake attack on the Pentagon (per US Army Major-General Albert “Bert” Newton Stubblebine III)? My GUESS? SAYANIMS (and their Katsas) working off-the-clock from alphabet-soup-ville. Why? “to point the blame at their enemies – ARABIC MUSLIMS)”. It seems to have worked…

    Cynthia McKinney is a jerk. She attacked a Capitol Police Officer over the most silliest thing. She forgot here badge one day and went ballistic when the LEO challenged her. Her research on the Bush Family is insufficient. I have gone much deeper and have noticed that not only was Grandpaw Prescott Bush trafficking Chinese Opium to USA with other rich families of the time, grandpaw tried to get rifles to Adolph Hitler before WW2, he also was the co-conspirator in the Business Plot in where they tried unsuccessfully to get Major-General Smedley Butler (equiv to JCoS today) to do a A coup d’état against the FDR White House.

    The Bush Family still maintains financial interest in Eli Lily in Indianapolis (USA) a drug company and according to DEA agent Michael Levine The Bush Family was up to their neck in Cocaine trafficking (even today) in USA and directly in line with the plausible accusation that CIA was involved with Cocaine trafficking to fund black ops. HW Bush was DCI once.

    The Guyanese Coroner was Dr. Leslie C. Mootoo. Where he was educated is moot. He is recognized by a government as being a professional and his opinion is valued by many who need closure on mysterious deaths in Guyana. Dr. Mootoo says that over 100 people at Jonestown met their fate by the hands of other people not suicide. I read the FOIA FBI report on the incident and was horrified to see that the murderers are STILL free! They were teenagers then but are now grown up. It is alleged they were part of that once “secret” neurophysiological experiment at McGill University in Montreal. But that would really be a conspiracy theory now wouldn’t it? (LOL)

  4. Gee, Son, you sure the Jews didn’t do it? Oh, I’m sorry. The present conspiracy “code” is Israel did it via the Mossad. Or, is that just reserved for 9/11? Have you hopped on the Cynthia McKinney wagon on the involvement of the Bush family, as well as various shadowy groups [the Jews].

    But was Mossad working with the CIA is wiring those buildings for demolition? And don’t forget: we all know the fires were not hot enough to melt the steel supports.

    And on Jonestown. I’m not sure I’d want my whole conspiracy theory hanging on a coroner in Guyana. Though, I’m sure coroners in Guyana are some of the best in the world. Hell, this guy probably went to J. Hopkins!

  5. @OS – Hello my old friend! Good to hear from you again!

    I agree with you on this alcohol being dangerous thing. In my posting I implied that “not drinking alcohol in moderation” CAN be dangerous to brain and liver. When you said Reitan got “sloshed” would imply that Reitan was NOT using moderation. In American English colloquialism “sloshed” means “drunk”. Drunk is not a moderate behavior.

    I drink but I try to never get sloshed. I am a social drinker. I am also a non-Fundamentalist Judeo-Christian. I have no problem with alcohol. However, I tried MJ ONCE (did inhale) never tried it again. I used to smoke for 5 years too. But stopped cold turkey about 40 years ago.

  6. Nick Spinelli – I don’t think the Prohibition was an experiment. I think that the POTUSes were under great pressure from fundamentalist religious groups (i.e. christian temperance movements) to do this. They seem to have forgotten how (from the Bible) Noah, Jesus, and Paul all openly approved of moderate alcohol consumption. However, when WW1 broke out in 1914, later in 1918, before the ratification of the Eighteenth Amendment, the United States Congress passed the temporary Wartime Prohibition Act to save grain for the war effort – by 1918 was too late as the war was over. The rest is history.

    Later they were shocked to see how organized crime took advantage of the Prohibition ban on alcohol. The illegal production, trafficking, toxicity, murders, etc. was just too over the top! Legalizing MJ (other than medical MJ) would offer society no great benefits. The reason why our DEA/FBI/etc are so ineffective against the ongoing drug war is due to high-power political interference from rich American families who have been dealing successfully unabated in illegal narco-trafficking since the 19th century! (i.e. Bush Family?) – King Tin-Hat

  7. SOTB:
    Alcohol is NOT a temporary impairment. Famed neuropsychologist Dr. Ralph Reitan, who was known to imbibe from time to time was horrified when he discovered at least 100K brain cells died every time you get sloshed. Ralph almost completely quit drinking after that.

    Look up Korsakoff’s Dementia.

  8. OK – the Guyana incident in 1978 is being referred to in the misinformed quip “drank the koolaid”. Jim Jones’ victims are being posthumously insulted in saying that they were too stupid to NOT drink cyanide-laced kool-aid (an American soft drink powder mix), just based on midlessly following a charismatic leader. I’m saying that NO ONE there did that. The Guyanese Coroner documented that all of the murders were committed by forced cyanide injection in the neck, gurating, blunt-force trauma, and archery & gunshot wounds.

    So in summary it’s not fair to insult their memory with that quip. If your going to do that invent another quip that does not insult those poor people who got sucked into an elaborate CIA plot to assassinate a sitting US Congressman (Leo Ryan) who was trying to follow through on JFK’s threat to break them up and cast them into the wind as JFK said while in office. Also Senator Frank Church was more successful in anti-CIA work. Church really put CIA in check with his Church Committee and also tried to warn us in 1975 about the NSA after his committee uncovered the early Echelon work no one even knew about, but NOW do under other names (per Edward Snowden):

    “That capability at any time could be turned around on the American people, and no American would have any privacy left, such is the capability to monitor everything: telephone conversations, telegrams, it doesn’t matter. There would be no place to hide… I don’t want to see this country ever go across the bridge… I know the capacity that is there to make tyranny total in America, and we must see to it that this agency and all agencies that possess this technology operate within the law and under proper supervision, so that we never cross over that abyss. That is the abyss from which there is no return.” – Frank Church 1975

    Conspiracy Theory? Well yes I am the King Tin-Hat (i.e. King Rat?) – LOL

    Marijuana is dangerous because of the THC. Also any inhalant that can cause DNA re-sequencing in the lungs the way tobacco does is even more dangerous than alcohol. We were not designed to inhale any particulate matter other than air (especially heavy metals). Anything else stresses our Cilium and can lead to cancerous growths over time – even when done in moderation. Alcohol stresses our Liver only when not done in moderation and can lead to Cirrhosis .

    The brain is impacted by both. However, alcohol is a temporary impairment, even after a bender. THC has been shown to cause serotonin reuptake problems (i.e. GABA or neurotransmitter problems) much the way nicotine and cocaine does too. Also THC has more long term short-term memory impairment. Continued use makes it even worse. You don’t notice it? Why? Think about it – Duh!!!

    FYI – I get paid for being a King Tin-Hat… Much like Snowden but without the alphabet soup… He did it for Booz Allen. I do it for [redacted]… (LOL)

  9. Nick: I think it’s a subject upon which reasonable minds can disagree.

  10. Skip, We’re just going to have to disagree on this one. But for the record, I do not believe alcohol=cannabis. I believe alcohol is much worse than cannabis.

  11. I don’t really buy the alcohol=marijuana scenario. I believe it to be naive, short-sighted and unrealistic.

    Let me first add that I absolutely agree that cannabis use should be at the traffic ticket level. But, that includes DUI’s, vehicular manslaughter, or any similar serious matter deserving felony status. In fact, because I believe a sort of quasi-legal status is necessary, there should be consideration of a reasonable sentence/status enhancement for, e.g., driving under the influence of MJ. None of this paying $5k to a “DUI attorney” and not even having a license suspended for some period of time.

    MJ’s status as “Medical marijuana” should be legal in every state (and I have some personal knowledge of that particular subject). There should never be police breaking in someone’s door because of an ounce or two of MJ. But, there must still be penalties, including felonies, for distribution and sale. I know its kind of, no, it is whacky, but its the best, most practical accommodation available.

    Let’s say, hypothetically, I know someone very well who has recently become familiar with the use of MJ for certain medical conditions. Also assume this person does not live in a state where medical marijuana use is legal. One thing I have been told is that the MJ of 2013 is far, far removed from that of, e.g. 1974. Or of the entire 75, ’76, ’77, etc. era. It is no longer a situation where 2 or 3 guys passed a bong and it took the entire first side of “Brain Salad Surgery” or “Bridge of Sighs” to get high. The potency and strength of today’s MJ is eons beyond that era. And, if you think about it, that makes perfect sense. Like almost any other consumer product, MJ has vastly “improved” over the Cheech and Chong days.

    I’ve never been much of a drinker, but I certainly know its possible to have half+ a glass of wine, or one can of beer and not be drunk (i.e., impaired). I do not believe an analogous situation exists with MJ. Asserting it does, is as inane as people who, in my day, said they actually drove better when they were high (they were “more careful”).

    Thus, I don’t believe it is possible to function properly after even a few tokes (or whatever the present term might be) of the weed. Alcohol being legal is not an excuse for legalising a drug that happens to bear some similarities. There are levels of all opioids at which the same similarities occur. Should we start marketing at the local 7-11 1mg. dosage pills of Percocet?

    Finally, any position premised or including the argument that legalising it would make money kind of disgusts me. Sure, the states & Feds can tax MJ, and there will be whole new jobs and companies. A lot of people will make a lot of money. It’s the “I want it controlled” argument I heard in… Oh yeah, The Godfather. It’s an amoral argument based solely on the almighty dollar. Don’t we still have the intelligence and decency to reject this type of argument?

  12. If you look at the LD50 numbers on alcohol versus cannabis, there is no question that alcohol is by far the more dangerous (and lethal) substance.

  13. sunof, I had read about that study and it was made CLEAR, it was not conclusive. Here’s the question? We know how “The great experiment” of Prohibition worked. Not only did it not succeed, on any level, it created an underworld that thrived on it. The same w/ cannabis. There are virtually no substance we ingest into our body w/o side effects. If we can’t agree that alcohol is MUCH more dangerous to individuals and society than cannabis, then we have nothing to discuss.

  14. Woman Sexually Assaulted in Court Gets Arrested for speaking up

  15. Uhhh, say what??:

    “… it shows they do not know the excruitaitng details of the incident and how the SAME federal agency mentioned above was totally involved up to it’neck. The truth be told NO ONE drank any cyanide-laced Kool-Aid that day. They were all murdered in OTHER methods. A very influential and outspoken US Congressman from California was assassinated there too (as well as others)”

    Murdered? Yes. Involvement of a federal agency? Conspiracy theories? Being killed by “other” means? PLEASE tell me you’re kidding!

    BTW: Of course the Third Amendment is about a privacy right, not merely the quartering of troops. Unless you want to take a strict constructionist, by the word approach. If you do so, however, you will find there is NO right of privacy in the Constitution.

    And, hate to let you in on it, but the Second Amendment is not just about firearms. It also deals with an individual citizen’s privacy right(s).

  16. @Skip – BTW the US 3rd Amendment is not really about privacy. It’s about US troops taking over your house for living quarters. Clearly that’s NOT what Henderson Police were trying to do with Anthony’s house.

    I truly believe SOMETHING happened that night with HPD wanting to get in Anthony’s house for something. And I believe he and the dog were pepper-sprayed and the door was rammed, etc. But I think there were extenuating circumstances somehow brought on by Anthony’s apparent criminal behavior or maybe even prior criminal record. I just don’t know yet. We need to hear Henderson Nevada’s side next. I think Mayor Andy A. Hafen needs to be interviewed by FOX News local TV station on this ALLEGED federal lawsuit filed against his town on 1-July-2013.

  17. @Nick Spinelli – Are you supporting free use of Cannabis? You do know that in the U.K. scientists have discovered a link between Tetrahydrocannabinol (THC) or cannabis use and schizophrenia? So to say it’s an innocent recreational drug is really being uninformed and naive. Using if for glaucoma and cancer pain relief is acceptable due to the lesser of two evils scenario. The short-term memory loss is akin to having a mild form of Alzheimer’s. “Dude..,. I smoke plenty of weed and my memory is just… uhhh… uhhhh… you know…”

    1. Sonofthunder: Not peer-reviewed, sample group inadequate, crap science. I’d be super-curious as to who foot the bill on that mess.

  18. RE: Rogue LEO accountability and liability.

    I agree that new laws should be past to throw a rogue LEO “under the bus” (so to speak). The City/town should not have to suffer the financial liability for some idiot LEO having a bad day and taking it out on a law-abiding citizen.

    However, the Pentagon (via DARPA) is trying out some new technology that might help out. LEO’s already use a form of it already on their patrol cars. I think some US municipalities are doing proof-of-concept testing. It involves every LEO from FBI agent to local cop to wear a device called “wearable computing” or something like that.

    The device records video/audio/gps/ etc. and sends the data to a receiver in the car to be recorded or transmitted to HQ. This allows the LEO to have a full record of all actions while on duty. He/she can not shut it off, tamper with it, or throw it away as his supervisor will be notified. In that way we would not have to take Anthony Mitchell’s word as to what reeally happened that night. The devices would have made a undeniable multimedia documentation of the incident including any alleged profanity used by the LEO’s as Tony claims.

    SIDE NOTE:
    Correction: The flash-bang grenades were NOT used on Anthony Mitchell. They were used on the neighbor who held his wife and baby hostage at gunpoint. FBG are SOP for SWAT entry tools. They are used to disorient the gunman so he can be taken down by non-lethals (or worse).

  19. Skip 1, July 5, 2013 at 10:58 pm

    Sonofthunder… Pretty good hit on that Canadian syntax. I will only say that anyone choosing a few years of post-graduate study at the University of Toronto, quickly learns that U of T, not McGill, is clearly the best University in Canada. (I also like Univ. of Calgary, but its really, really cold up there).

    I’ve lost all respect for McGill for it’s ONGOING role in unethical neurophysiology research with major undocumented grants from a certain US federal agency.

    You have the kool-aid analysis wrong, though. I recall the incident very well, including questioning the mindset of a fraternity, where I went undergrad, that had a Jonestown themed party. Grain alcohol laced grape Kool-Aid. And this was just after the events in Guyana. (Never been to that country, although Surinam, a neighbour, is quite OK).

    Now that i think about it, the Kool-Aid saying is in rather poor taste (excuse the pun). However, it has become a good shorthand for certain situations, so I figure, go with it.

    The idea I was positing is that when someone invokes the “KOOLAID” quip it shows they do not know the excruitaitng details of the incident and how the SAME federal agency mentioned above was totally involved up to it’s neck. The truth be told NO ONE drank any cyanide-laced Kool-Aid that day. They were all murdered in OTHER methods. A very influential and outspoken US Congressman from California was assassinated there too (as well as others).

    I may lean libertarian, but not Republicrat. Other than a few stand-out kooks on each side (e.g., antisemites amongst the Dems; anti-abortion nuts amongst the Rep), they’re practically mirror images of each other. Consider, with all the liberal and Dem attacks on Bush II for being an authoritarian fascist, etc., good old B. Obama has outdone him. And it was predictable that he would do so. (You never really believed he would close Guantanamo, did you?)

    Comparing Bush II to BHO is like comparing apples to oranges. Mr. Obama wants to shutter Gitmo but the Democrats are opposing him. If he does do it thet means Gitmo goes back to (Raoul) Castro too. The solution for Gitmo is to reopen one of those shuttered SuperMax prisons in Michigan or NY and send those knuckleheads there. It can’t be any worse than the former inmates. Also the Netherlands has shuttered many of their supermaxes. We might be able to send them there too.

    The “media” doesn’t (w/some exceptions, like here) call Obama on his strongly authoritarian leanings, but the former Constitutional Law professor (which is B.S.) seems amongst those attorneys who never quite got around to thinking about the Bill of Rights. Or, maybe he has thought about it, which might be more frightening. Personally, I think the guy is a bit of an empty suit, but I’m glad the U.S. had the opportunity to twice elect a Black president. It was an incredibly important part of American History, although I did think that systems like Affirmative Action would be over by the end of his second term. Guess there is still a little time.

    Who’s an “empty suit” Mr. Obama? I don’t agree…

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