Two Cops Plead Guilty to Manslaughter

Hours after the release of an indictment that charged them with felony murder, two Atlanta police officers pleaded guilty to manslaughter and other charges in the death of a 92-year-old woman last November. A third officer indicted on lesser charges in the case did not plead guilty.

Recently retired Officer Greg Junnier, 40, faced 33 years in prison if convicted of the charges in the indictment, which was released Thursday. Instead, Junnier made a plea deal which will likely send him to prison for 10 years. As part of the agreement, he pleaded guilty to charges of voluntary manslaughter, violation of his oath of office, criminal solicitation, and making false statements.

Officer J.R. Smith, 35, faced 43 years in prison if convicted, but entered guilty pleas to charges of voluntary manslaughter, violation of his oath of office, making false statements, criminal solicitation, and perjury. He is expected to receive a 12-year prison sentence.

The third officer, Arthur Tesler, refused to make a plea deal and is expected to go to trial on lesser charges of making false statements, false imprisonment and violating his oath of office (read the charges in the indictment).

During a hearing in a Fulton County courtroom Thursday afternoon, assistant district attorney Pete Johnson outlined the events that took place before the fatal shooting of Kathryn Johnston. According to the prosecutor, the officers arrested a man in Johnston's neighborhood who was threatened with going to jail unless he told the officers where drugs were sold in the neighborhood. The suspect pointed to Johnston's house at 933 Neal Street.

Typically, the officers would have a confidential informant go to the house and make a buy but they did not. Instead, Officer Smith went to a magistrate judge and, in order to get a no-knock warrant, lied by claiming that an informant had made a buy and that surveillance cameras were positioned outside the Johnston home.

When the officers went up to the house after dark, it took them about two minutes to pry the burglar bars off the front door. By the time they got inside, Johnston had a .38 revolver which she fired one time at the officers. The bullet did not strike any of the officers, as had been previously reported, and was found in the roof outside the house.

After that single shot was fired, the officers returned 39 rounds. Five or six of them hit Kathryn Johnston, who died from the bullet that struck her in the chest. Junnier, who was reported to have been shot by Johnston, was actually injured by shrapnel that resulted from a fellow officer's gunfire.

After the shooting, Smith and Junnier met and concocted the story that the informant bought cocaine at the house. They also told the informant to lie to investigators, but he later admitted that he never bought drugs at 933 Neal Street.

A grand jury returned murder indictments Wednesday against the three officers but the indictments were sealed until their release Thursday morning. Junnier and Officer Jason R. Smith, 35, were charged with multiple counts of felony murder.

Tesler, who maintains that he was in the back of the house during the raid, refused to make a deal and was indicted on the least serious charges.

"There were some mistakes made, but Officer Tesler was the low man on the totem pole. He was the junior officer and he was following the instructions of his senior officers," said his attorney, Bill McKenny.

Tesler had been on the force just eight months when the drug raid took place. Tesler was one of two officers to make a statement to the grand jury as they considered the case Wednesday. His attorney said he believes that statement is the reason the grand jury indicted his client on lesser charges.

"I guess you know his wife is pregnant. They cried, they hugged and they're just trying to calm down now. Again, the pressure's gonna build up because obviously there's an indictment but the big pressure has been released a little bit," said McKenny. While Junnier retired in January, Smith and Tesler were placed on administrative leave.

In federal court on Thursday afternoon, Junnier and Smith both pleaded guilty to charges of conspiracy to violate civil rights resulting in death the death of Johnston. The grand jury recommended that Junnier be sentenced to 10 years, one month; Smith to 12 years, seven months. No date has been set yet for sentencing on the federal charges.

Speaking for Johnston's family, the Rev. Markel Hutchins said the woman's closest relatives were pleased with the indictments. Hutchins said Johnston should be viewed as a hero for exposing corruption in the police department.

"This was a time bomb waiting to explode. It exploded and ended in the death of Kathryn Johnston and this community, in fact this nation, owes a great debt of gratitude to Kathryn Johnston so one of the things that we're going to continue to call for is that the city of Atlanta will honor her because she really is, she really is a hero, even in death," said Rev. Hutchins.

In a news conference Thursday, Hutchins said the family was not interested in vengeance in the case -- only that justice be served.

"They have never sought vengeance. They have only sought justice," he said.

Hutchins wants a memorial to Johnston expanded into a park for children in her neighborhood to play.

Atlanta Police Chief Richard Pennington said that the entire episode "has been a very painful five months for the police department."