{"id":15554,"date":"2021-02-02T15:41:14","date_gmt":"2021-02-02T20:41:14","guid":{"rendered":"https:\/\/jimbovard.com\/blog\/?p=15554"},"modified":"2021-02-08T16:22:06","modified_gmt":"2021-02-08T21:22:06","slug":"usa-today-death-of-maryland-man-shows-continued-out-of-control-nature-of-swat-no-knock-raids","status":"publish","type":"post","link":"https:\/\/jimbovard.com\/blog\/2021\/02\/02\/usa-today-death-of-maryland-man-shows-continued-out-of-control-nature-of-swat-no-knock-raids\/","title":{"rendered":"USA Today: Death of Maryland man shows continued out-of-control nature of SWAT, no-knock raids"},"content":{"rendered":"
USA TODAY, February 2, 2021 POLICING THE USA<\/a><\/div>\n
\n

Death of Maryland man shows continued out-of-control nature of SWAT, no-knock raids<\/a><\/h1>\n

When police officers shattered his window and used a battering ram to enter his home, Duncan Lemp’s worst fears had come true.<\/h3>\n
James Bovard<\/div>\n
Opinion columnist<\/div>\n<\/article>\n
\n
\n

One of the most positive developments from last year’s political strife was a stronger focus on police abuses and no-knock raids. Some states and cities have imposed new restrictions, others are working toward greater transparency when it comes to police shootings. Unfortunately, Maryland, a state that has wrestled with some of the most egregious SWAT and no-knock cases in the country, remains mired in controversy.<\/p>\n

The state has a long record of SWAT debacles. After police wrongfully raided a mayor\u2019s house and killed his dogs in 2008<\/a>, Maryland required police to report every SWAT raid. Between 2010 and 2014, police in Maryland conducted more than 8,000 raids, killing nine people and injuring almost a hundred civilians<\/a>.<\/p>\n

Despite controversies, statistics were no longer collected<\/a> after 2014. Strong police unions have blocked numerous efforts at legislative reform. As a result, Marylanders continue to be vexed by the same kind of deadly no-knock debacles that killed Breonna Taylor last March in Louisville, Kentucky.<\/p>\n

Duncan Lemp is one of Maryland’s latest victims.<\/p>\n

On New Year\u2019s Eve, Montgomery County’s state\u00a0attorney\u00a0office issued<\/a> an official report absolving police<\/a>\u00a0for the killing of the 21-year-old gun owner after he was awakened during a no-knock raid on March 12. The report proffered a nothing-to-see-here-move-along verdict.<\/p>\n

\"Duncan<\/p>\n
<\/div>\n<\/figure>\n

Lemp lived with his parents in a sedate neighborhood in Potomac, Maryland. According to the county report, a no-knock raid was justified <\/a>\u201cdue to Lemp being \u2018anti-government,\u2019 \u2018anti-police,\u2019 currently in possession of body armor, and an active member of the Three Percenters,\u201d a far-right paramilitary group that discussed government resistance.<\/p>\n

Belonging to a group is not illegal. And while the group spoke out against actions by white supremacists<\/a> during the 2017 deadly riots in Charlottesville, Virginia, they were also known to show up at protests to push back against efforts by Black Lives Matter. Many of those efforts focused on saving the lives of people caught in confrontations with police\u00a0\u2014 similar to the situation Lemp found himself in.<\/p>\n

Lemp’s views on gun ownership and the fear of tyranny seem to have driven his activism. One of his last tweets<\/a> declared, \u201cThe Constitution is dead.\u201d A little over two months later, police killed him.<\/p>\n

COLUMN:<\/strong>Better policing begins with accountability and an end to qualified immunity<\/a><\/em><\/p>\n

According to his mother and his lawyer, Lemp had no history of violence (though he had a juvenile record).The police were tipped off by a \u201cconfidential source\u201d<\/a> that Lemp possessed firearms and \u201chad made \u2018anti-police\u2019 statements in the past.\u201d They had been surveilling Lemp and his family residence well before they launched the SWAT raid.<\/p>\n

Lemp family lawyer Rene Sandler told me that\u00a0police \u201cwould have seen him taking his girlfriend to a doctor\u2019s appointment or going to a store. They could have detained him during a traffic stop while (other police)\u00a0secured the home.\u201d<\/p>\n

The report provides chilling details on how police attacked the Lemp home from two sides at about 4:30 a.m. Members of the raid team did a “break and rake\u201d<\/a> on Lemp\u2019s first-floor bedroom window. Standing outside the house, one officer “used a fireman\u2019s pike tool to break the bedroom window closest to the bed where Lemp and (pregnant girlfriend Kasey)\u00a0Robinson were sleeping.The tool also has a hook that is used to grab a hold of and pull away the blinds so that officers would have an unobstructed view inside the bedroom. Once the window was broken and the shades pulled out of the way, one officer ducked below the window line as he was unarmed. A second officer (the shooting officer) who was armed with a rifle, then stepped up to the window and looked inside to locate Lemp as soon as possible and prevent him from having time to access any weapons that could be used against the SWAT officers.\u201d Another team of SWAT cops used a battering ram to smash in the front door of the Lemp home.\u00a0Lemp was killed by five shots from a policeman shooting through his bedroom window.<\/p>\n

At the same time the bedroom window was being smashed in, the report notes that \u201cother members of the SWAT team were tasked with deploying \u2018flashbangs\u2019<\/a> outside the residence to disorient the senses of the occupants of the house as to what was happening.\u201d<\/p>\n

The Supreme Court of North Carolina last year labeled flashbangs a \u201cweapon of mass death and destruction<\/a>,\u201d and criminal defense lawyer Clay Conrad commented that flashbangs are \u201cjust an assault. These things are designed to blind and deafen. … You’re intentionally injuring<\/a> people.”<\/p>\n

Unfortunately, Montgomery County police did not videotape the raid<\/a>\u00a0or the shooting. Police body cams have been one of the most significant reforms in curbing police misconduct. But, as family lawyer Sandler disclosed, Montgomery County allowed SWAT to \u201copt out of the truth and transparency by not being required to wear body camera or videotaping a no knock raid.\u201d<\/p>\n

The official report contains plenty of text messages between Lemp and his mother. Lemp wrote to his mother that he might be targeted by police<\/a> \u201cbecause I exercise my constitutional rights.\u201d<\/p>\n

The no-knock raid was justified in part because police believed that Lemp possessed an illegal assault weapon. How did they know this?<\/p>\n

Lemp posted photos of himself on Instagram with various firearms, and police concluded that one of the guns was an IWI Tavor X95 rifle, an assault weapon that the report notes is prohibited in Maryland<\/a>. However, as the official report later mentions, \u201cIt should be noted that upon further review and investigation … it was determined that it was not an assault rifle.\u201d The report asserts that Lemp\u2019s rifle \u201cwas a legal \u2018copycat\u2019 made to look exactly like the illegal version of the IWI Tavor X95.\u201d<\/p>\n

This should be a red flag against predawn attacks on private homes based, in part, on false interpretations of Instagram photos, but the report draws no such conclusion.<\/p>\n

Police also asserted that Lemp was prohibited from purchasing firearms due to a juvenile conviction<\/a> that meant he couldn’t purchase them until he was 30. The family denies this allegation, according to family lawyer Sandler, and the report failed to provide any details. Maryland has some of the nation\u2019s most onerous requirements for buying guns, and Lemp purchased at least one of his firearms from a licensed dealer in Rockville, Maryland.<\/p>\n

A grand jury examined the shooting last year, but all of the testimony and evidence presented remains confidential\u00a0\u2014 except for snippets that the county attorney\u2019s office<\/a> received permission from a judge to disclose in the report that exonerated the police.<\/p>\n

Lemp’s mother, Mercedes Lemp,commented: “I will always wonder whether the police intended to kill Duncan from the start\u00a0\u2014 there was never a search, never any regard for our family\u00a0\u2014 the way they conducted themselves seems as if they intended to kill him even before the raid began.” Ha<\/strong>ving surveilled Lemp and knowing his political views, his reaction at 4:42 a.m. was as predictable as the sun rising in the east.<\/p>\n

A New York Times investigation of SWAT raid killings<\/a> noted, \u201cAfter being awakened by the shattering of doors and the detonation of stun grenades, bleary suspects reach for nearby weapons \u2014 at times realizing it is the police, at others mistaking them for intruders \u2014 and the shooting begins.\u201d<\/p>\n

The report stated that Lemp\u2019s texts to his mother<\/a> \u201cgave insight into Lemp\u2019s mindset when police executed the no-knock warrant.\u201d Unfortunately, we have no insights into the mindsets of police chiefs and SWAT commanders who chose to unleash so much violence. Lemp’s mother lamented: \u201cThe police were the threat, they have never provided any evidence that Duncan was a threat.\u201d<\/p>\n

Montgomery County officials might be hoping that releasing the report on New Year\u2019s Eve will buttress their continual refusal to disclose key evidence. At this point, the only certainty about the case is that Lemp\u2019s fate confirms the old saying: Just because you\u2019re paranoid doesn\u2019t mean they aren\u2019t out to get you.<\/strong><\/p>\n

And that, in too many cities, SWAT continue to have a green light to exercise dangerous levels of power.<\/p>\n

James Bovard, author of “Attention Deficit Democracy<\/a>,” is a member of USA TODAY\u2019s Board of Contributors. Follow him on Twitter:\u00a0@JimBovard<\/a><\/em><\/p>\n<\/div>\n<\/article>\n","protected":false},"excerpt":{"rendered":"

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The Wall Street Journal called Bovard \"the roving inspector general of the modern state\" and Washington Post columnist George Will called him a \"one-man truth squad.\" His 1994 book, Lost Rights: The Destruction of American Liberty, received the Free Press Association\u2019s Mencken Award as Book of the Year. His Terrorism & Tyranny won the Lysander Spooner \"Best Book on Liberty in 2003\" award. He received the Thomas Szasz Award for Civil Liberties work, awarded by the Center for Independent Thought and the Freedom Fund Award from the Firearms Civil Rights Defense Fund of the National Rifle Association. Bovard\u2019s writings have been publicly denounced by FBI director Louis Freeh, the Secretary of Agriculture, the Secretary of Housing and Urban Development, the Postmaster General, and the chiefs of the U.S. International Trade Commission, the Drug Enforcement Administration, the Equal Employment Opportunity Commission, and the Federal Emergency Management Agency, as well as by many congressmen and other malcontents.","sameAs":["http:\/\/www.jimbovard.com","https:\/\/www.facebook.com\/jim.bovard","https:\/\/x.com\/jimbovard"],"url":"https:\/\/jimbovard.com\/blog\/author\/admin\/"}]}},"_links":{"self":[{"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/posts\/15554","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/comments?post=15554"}],"version-history":[{"count":3,"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/posts\/15554\/revisions"}],"predecessor-version":[{"id":15583,"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/posts\/15554\/revisions\/15583"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/media\/14565"}],"wp:attachment":[{"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/media?parent=15554"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/categories?post=15554"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/tags?post=15554"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}