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SAPD to probe storming of wrong house
san antonio news ^ | 11/22/2002 | Jesse Bogan and Elaine Aradillas

Posted on 11/23/2002 12:22:13 AM PST by freepatriot32

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Category: Metro and State

SAPD to probe storming of wrong house
 

Express-News Staff Writers

 

Web Posted : 11/22/2002 12:00 AM

 
San Antonio police, who continued to apologize Thursday for storming the wrong Southwest Side duplex, said they'll meet next week to review the foul-up that sent an innocent man to a hospital with minor injuries.

image
A police raid Wednesday night left a charred wall in the home of Marcos and Salvador Huerta. The raid was on the wrong house.
Kin Man Hui/Express-News
image
Cousins Salvador Huerta (left) and Marcos Huerta said they were injured when police stormed into their house Wednesday night by mistake. The two were recovering Thursday at home.

Officials said SWAT team members apparently were confused in the darkness Wednesday night by the cluster of look-alike dwellings in the 5900 block of Fairshire Road, even though officers spent two days watching a duplex there in an effort to serve a warrant on a man they suspected of dealing drugs.

"Everything was done by procedure," Deputy Police Chief Rudy Gonzales said of the SWAT unit that won state honors the past two years. "It was just an honest mistake made by SWAT officers at the location."

He said that if any recommendations resulted from his review, they would be forwarded to Chief Albert Ortiz.

The officers who mistakenly crashed through a rear sliding glass door will remain on duty while the incident is reviewed, he said.

Ortiz couldn't be reached for comment.

Mayor Ed Garza said Thursday that he hadn't spoken with Ortiz about the mix-up, but that he had asked for a full report.

"I am not ready to make any comments until I've seen the official report," he said.

It began about 8 p.m. Wednesday when a team of SWAT officers stormed through a glass door at a home on Fairshire Road without warning, said the three cousins who live there.

The cousins said officers shot out the door with soft bullets and threw in a concussion grenade that left a hole and a black scar on the wall.

The men, who work at a Mexican restaurant, said they were watching television when the officers stomped in, flinging punches, kicks and profanities. The cousins said they thought they were being robbed.

Marcos Huerta, 19, was taken to a hospital where doctors stitched a wound above a puffy eye. Salvador Huerta, 20, was left with a chipped front tooth and a bruised face. Both said they fell to the floor without resistance and covered their heads as officers hit them at least 20 times.

The third cousin, Vicente Huerta, 17, fled out the front door and was not harmed. An uncle, Jose Luis Alvarez, 40, said his nephews planned to contact an attorney.

"I think they should have investigated before they came in," he said in Spanish. "With pleasure, people are welcome to the house. Just knock on the door."

Not until after the Huerta cousins were handcuffed and sat down on the sofa did police realize that they had goofed.

Gonzales said the confusion occurred because in the dark alley, the duplexes all looked the same. He said SWAT officers were told to enter from the alley and to look for a red car in the rear driveway.

"The SWAT officer saw the red car and thought that was the residence where the warrant was to be served," Gonzales said.

Later, after the scuffle, Officer Darron Lyn Phillips and other officers went to the correct address two doors down, knocked on the door and arrested the suspect without incident.

When asked why officers hadn't knocked in the first place, Gonzales said police thought the suspect inside the house might have a gun tucked inside his waistband.

He said the element of surprise dissipated after people heard the commotion and began filling the street.

Police arrested Richard Anguiano, 21, of the 200 block of Refugio. He was charged with possession of cocaine with intent to deliver and possession of marijuana. He was being held in Bexar County Jail in lieu of posting $52,000 bond.

Inside the second duplex on Fairshire Road, police said they found 86 grams of marijuana, 40 grams of cocaine, drug paraphernalia, and several rounds of ammunition.

No weapons were found.

Will Harrell, executive director of the American Civil Liberties Union of Texas, said mistakes like this one are not uncommon. He said they are generally the result of an increased militarization by police.

"For the past decade or more, we've seen a shift from the notion of community-oriented police models to a militarized model, where the police operate with a siege mentality," he said.

jbogan@express-news.net

News Researcher Julie Domel contributed to this report.

 
11/22/2002

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TOPICS: Breaking News; Constitution/Conservatism; Crime/Corruption; Culture/Society; Front Page News; US: Texas
KEYWORDS: donutwatch; house; police; swat; team; wodlist; wrong
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this happens every day all across the country dont you all feel safer now knowing police have far more powers with the passage of the homeland security act ?
1 posted on 11/23/2002 12:22:13 AM PST by freepatriot32
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To: *Wod_list; *Donut watch
bump
2 posted on 11/23/2002 12:34:32 AM PST by The Obstinate Insomniac
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To: freepatriot32
aren't "no knock" warrants great.sadly it's all kinds of police work that have take on a more militant approach.I notice a big difference i attitude when dealing with officers 40 and up than with those 30 and under.
3 posted on 11/23/2002 12:44:26 AM PST by rednekelmo
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To: freepatriot32
this happens every day all across the country dont you all feel safer now knowing police have far more powers with the passage of the homeland security act ?

Just wait until the HS agents "come a knockin"...

4 posted on 11/23/2002 12:48:07 AM PST by FormerLurker
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To: freepatriot32
Later, after the scuffle, Officer Darron Lyn Phillips and other officers went to the correct address two doors down, knocked on the door and arrested the suspect without incident

Damn sure glad my car is gray and the truck is blue...

But on a serious note, I would most likely be dead, along with plenty of swat guys i would hope !!!

5 posted on 11/23/2002 1:09:49 AM PST by Gilbo_3
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To: freepatriot32
Today's Nazi Stormtroopers.

End No-Knock Warrant's NOW!
6 posted on 11/23/2002 1:34:58 AM PST by Gigantor
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To: Cap'n Crunch; harpseal; Joe Brower; Squantos; wardaddy; Blood of Tyrants; PatrioticAmerican; ...
Is there any difference between this type of tactic and what the Gestapo and KGB did in their day?

Is this any way for police to act in a free republic?

7 posted on 11/23/2002 1:35:13 AM PST by Travis McGee
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To: freepatriot32
I am waiting for the court test case where the mistake results in one or more dead officers.
8 posted on 11/23/2002 1:53:17 AM PST by Lion Den Dan
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To: Travis McGee
They're lucky they're not dead.

No and No, though one of the drug warriors will be along shortly to tell us why this is necessary.

The real problem is that we have legislators and judges that have created the legal environment that allows this to happen. I know you know this, but it needs to be said explicitly again and again, so people don't blame it only on the police. They're part of the problem, but only part.

9 posted on 11/23/2002 1:54:54 AM PST by FreedomPoster
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To: freepatriot32
Looks like the locals have taken up the FBI's keystone kops roll.
10 posted on 11/23/2002 4:46:03 AM PST by Texbob
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To: FreedomPoster
They're lucky they're not dead.

I probably would be dead.

If my sliding glass door were detroyed in the middle of the night, my first reaction would be to grab a weapon (shotgun, probably). Considering the habits of today's criminals (shouting "police" when they aren't), even if they identified themselves, I might still shoot (depends on if I get a good look as they enter the room... light levels, nerves, etc).

11 posted on 11/23/2002 4:57:22 AM PST by Teacher317
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To: freepatriot32
this happens every day all across the country dont you all feel safer now knowing police have far more powers with the passage of the homeland security act ?
Dope is poison so I'm happy whenever a dope dealer gets arrested. Major dope dealers need a bullet in the head after a swift trial. Meanwhile the pro-dopers here are for just legal marijuana one day, then legalization of all drugs the next. When I see this kind of shell game I just say keep all drugs illegal and execute the major pushers
12 posted on 11/23/2002 4:58:32 AM PST by dennisw
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To: freepatriot32
You'll be for homeland security 5 minutes after Al Qaeda flies a fuel laden airplane into your buddy's marijuana patch. Up in smoke baby!
13 posted on 11/23/2002 5:02:49 AM PST by dennisw
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To: freepatriot32
We were talking about this fiasco yesterday at work. If those dumbasses can't even find the right house to serve a warrant, what the hell are they doing on the swat team? I am no fan of law suits, but I hope this family sues the city for a bazillion dollars. I'm going to call the mayor's office and suggest that those "keystone cops" need to be fired, and I'll bet I won't be the only caller with that recommendation!
14 posted on 11/23/2002 5:11:51 AM PST by Texan5
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To: freepatriot32
Thanks for the update the story I posted (11/21/2002 11:47) SWAT Team Raids Wrong Home, Injures Man - Officers Searching For Drugs had scant details but was ahead of drudge at any rate :) Adding to the photos here is one from clickonsa:(though I have not seen a good update on their site yet for more photos)

Thanks for the update!

15 posted on 11/23/2002 5:18:42 AM PST by chance33_98
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To: Texbob
they spent 2 days watching the place and still got the wrong house....how in the world did they win state honors?? what does this say about the other swat teams?
16 posted on 11/23/2002 5:29:13 AM PST by cajun-jack
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To: freepatriot32
I think it 's important to note ----- the victims were beaten.
17 posted on 11/23/2002 5:32:32 AM PST by THEUPMAN
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To: THEUPMAN
Yep, they sure were, and the REAL drug dealers were arrested by the police knocking politely on their door instead of a military assult. Scary part is, if you kill a SWAT team member breaking into your home, YOU WILL BE CHARGED WITH MURDER.
All SWAT teams should be either disbanded, or their use tightly controlled.
Jack
18 posted on 11/23/2002 6:45:29 AM PST by btcusn
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To: dennisw
Dope is poison so I'm happy whenever a dope dealer gets arrested. You sir, are an (expletive deleted). Again, a story comes out of a no knock warrant injuring innocent folks, again, you don't address the issue. Your shell game, as well as the JBT boys... Kevin, Dane, Roscoe, CJ... should all be here soon too is getting to be too much.

Ok... lets repeat... they beat the snot out of the two wrong guys, then the guy they want, who hears all this commotion, answers his door later, when all they do is knock, and he goes peacefully with them.

You drug warrior types never learn. How about this for a whacky idea? Wait until the folks go to work... get a warrant... enter the place... search it, if ya find a stash, arrest them when they pull up at home.

That wouldn't be as much fun as using concussion grenades, breaking through sliding glass windows and beating people, but... we all have to sacrifice.

19 posted on 11/23/2002 6:49:31 AM PST by dogbyte12
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To: dogbyte12
Right you are sir! Execution must be the fate for the pusher_man. After a fair trial of course.
20 posted on 11/23/2002 6:57:56 AM PST by dennisw
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