Clayton County Police Officer Charged with Federal Corruption, Narcotics, and Firearms Violations and Stealing from Motorists

JONATHAN S. CALLAHAN, 27, of Atlanta, a patrol officer with the Clayton County Police Department, has been indicted by a federal grand jury on charges of accepting money to use his law enforcement position to protect illegal drug transactions, possessing a stolen firearm, and stealing personal property from drivers during traffic stops. CALLAHAN made an initial appearance today before United States Magistrate Judge C. Christopher Hagy.

United States Attorney Sally Quillian Yates said, “As a police officer, Officer Callahan took an oath to serve and protect the public. Instead, he abandoned that oath and used his position to protect drug dealers and steal from the citizens he was sworn to protect. Fortunately, thousands of dedicated law enforcement officers in Northern Georgia work tirelessly and honorably to keep us safe. We owe it to each of them to vigorously prosecute those who violate their oath and break the law.”

FBI Atlanta Special Agent in Charge Brian D. Lamkin said, “The egregious acts such as those alleged in the indictment of Officer Callahan can often erode the public’s trust in its law enforcement officers, noting that law enforcement officers are expected to serve and protect the public, not prey on them. It is for this reason that the FBI places a high priority on such investigations. The FBI asks that anyone with information regarding public corruption matters contact its Atlanta FBI Office at (404) 679-9000.”

Clayton County Police Department Interim Chief Timothy R. Robinson said, “When I was named Interim Chief, I was tasked with bringing leadership and direction to the department in order to achieve and maintain organizational discipline and professionalism. The actions alleged in this indictment are despicable. Officer Callahan was sworn to uphold the law, not break it. This case serves as a reminder that no one is above the law. I have no tolerance for officer misconduct and will continue to hold all members of the Clayton County Police Department to the highest standards. Simply stated, officer misconduct will not be tolerated.”

According to United States Attorney Yates, the indictment and information presented in court: On three separate occasions between August 6-13, 2010, CALLAHAN, while on duty, was paid to aid and abet others in possessing with intent to distribute at least 500 grams of cocaine. The indictment further charges that on July 15, 2010, CALLAHAN, while on duty as a patrol officer, allegedly stole two firearms from a motorist CALLAHAN had stopped for a traffic violation. The next day, again while on duty, CALLAHAN stole United States currency from another driver who was also stopped for a traffic violation. The indictment alleges that both thefts violated the drivers’ constitutional right to be free from an unreasonable seizure by a police officer. The indictment also charges that on August 17, 2010, CALLAHAN was in possession of a stolen firearm.

Each charge of attempting to aid and abet others in possessing with intent to distribute at least 500 grams of cocaine carries a maximum penalty of 40 years in prison, a mandatory minimum sentence of five years in prison, and a fine of up to $250,000. Each charge of accepting money to use his law enforcement position to protect illegal drug transactions carries a maximum penalty of 20 years in prison and a fine of up to 250,000. The charge of possession of a stolen firearm carries a maximum sentence of five years in prison and a fine of up to $250,000. Each charge of deprivation of civil rights by stealing property from a driver carries a maximum penalty of one year in prison and a fine of up to $100,000.

Members of the public are reminded that an indictment contains only allegations. A defendant is presumed innocent of the charges and it will be the government's burden to prove the defendant's guilt beyond a reasonable doubt at trial.

This case is being investigated by the Federal Bureau of Investigation with assistance from the Clayton County Police Department.

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Three Former Atlanta Police Officers Sentenced to Federal Prison in Fatal Shooting of Elderly Atlanta Woman

David E. Nahmias, United States Attorney for the Northern District of Georgia; Loretta King, Acting Assistant Attorney General, Civil Rights Division, U.S. Department of Justice; and Gregory Jones, Special Agent in Charge, Federal Bureau of Investigation, announced that three former Atlanta Police Department (APD) officers were sentenced to prison today by Chief United States District Judge Julie E. Carnes on a charge of conspiracy to violate civil rights resulting in death, arising from the fatal police shooting of Kathryn Johnston, a 92-year old Atlanta woman, at her home during the execution of a search warrant obtained by the defendants based upon false information on November 21, 2006.

JASON R. SMITH, 36, of Oxford, Georgia, was sentenced to 10 years in federal prison. GREGG JUNNIER, 42, of Woodstock, Georgia, was sentenced to six years in federal prison. ARTHUR TESLER, 42, of Acworth, Georgia was sentenced to five years in federal prison. There is no parole in the federal system. Each defendant was also sentenced to serve three years of supervised release following his prison term, and collectively to pay $8,180 in restitution for the costs of Ms. Johnston’s funeral and burial.

In a brief news conference after the sentencing hearings, United States Attorney David E. Nahmias said in part, “As Atlanta police narcotics officers, these three defendants repeatedly failed to follow proper procedures and then lied under oath to obtain search warrants. Their routine violations of the Fourth Amendment led to the death of an innocent citizen. The death of Kathryn Johnson in a police shooting was a terrible tragedy for a law-abiding elderly woman, her family, and friends and our entire community. But as her family and others hoped, from this tragedy have come two positive results. First, it has led the Atlanta Police Department to implement useful reforms in training and supervision and to entirely revamp its Narcotics Unit, reducing the possibility of a similar tragedy in the future. Second, the significant prison sentences imposed by the Court today should send a strong message to other law enforcement officers who may be tempted to lie under oath or otherwise violate the law. Officers who think, as these defendants once did, that the ends justify the means or that ‘taking shortcuts' and telling lies will not be discovered and punished should realize that they are risking their careers and their liberty. And officers who try to obstruct justice when their misconduct faces exposure, rather than cooperating in the investigation, should realize that they will face even more severe punishment.”

In Washington D.C., Acting Assistant Attorney General Loretta King said, “The Justice Department is committed to vigorously prosecuting law enforcement officers who willfully disregard the Constitution and abuse their authority to violate the rights of others. This sort of unlawful behavior, resulting in Ms. Johnston's tragic death, undermines the efforts of law enforcement officers who honorably perform their duties.”

Gregory Jones, Special Agent in Charge, FBI Atlanta, said, “This is a sad day in the law enforcement community. Few crimes are as reprehensible as those committed by police officers who violate the very laws they have sworn to uphold. Our thoughts and prayers are with the Johnston family, and we hope today's sentencing helps bring closure to this tragedy. Further, we want the public to know the FBI will continue to pursue and bring to justice those who violate their oaths of office and the civil rights of others.”

JUNNIER and SMITH pleaded guilty to the federal civil rights conspiracy charge, as well as voluntary manslaughter and related state charges in Fulton County ( Georgia) Superior Court, on April 26, 2007. Pursuant to their plea agreements, they are scheduled to be sentenced in state court on March 5, 2009, to the same sentence imposed in federal court, with the sentences to be served concurrently. TESLER initially declined to plead guilty and was indicted in state court on charges of violation of oath of office by a public officer, false imprisonment and false statements. In 2008, TESLER was convicted at trial in state court on the false statement charges, but that conviction has been reversed on appeal. Following the state trial, federal authorities re-evaluated TESLER’S case, conducted further investigation, and determined that federal prosecution of TESLER was appropriate. TESLER pleaded guilty to the federal charge on October 30, 2008.

JUNNIER began cooperating truthfully with authorities shortly after the federal investigation began and provided valuable assistance in the investigation and prosecution of SMITH and TESLER. Additionally, JUNNIER’S cooperation led to guilty pleas to federal charges by two additional APD officers, including a separate civil rights offense committed by the sergeant who commanded the narcotics team involved in the shooting. SMITH cooperated to a more limited extent. Both former officers provided information relevant to a broader FBI investigation of misconduct by APD narcotics and other officers, which culminated in a report provided by the FBI to APD Chief Richard Pennington in October 2008 for consideration of potential administrative discipline against other APD officers. As a result of their cooperation, the Court reduced JUNNIER’s sentence by 40 percent and SMITH’s sentence by 20 percent. TESLER did not provide substantial assistance in the investigation and received no sentence reduction on that ground, although his sentence was reduced based on his lesser role in the conspiracy.

The facts and other details regarding the case are set forth in the government’s Sentencing Memorandum attached to this release. (NEWS MEDIA NOTE: additional copies of the Sentencing Memorandum are available upon request.)

This case was investigated by special agents of the Federal Bureau of Investigation.

Assistant United States Attorney Jon-Peter Kelly, United States Attorney David E. Nahmias, and Department of Justice Civil Rights Division Special Litigation Counsel Paige M. Fitzgerald prosecuted the case.

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