Former Fulton County Sheriff's Deputy Sentenced to Prison for Corruption and Drug Charges

ANTHONY C. ATWATER, 33, of Atlanta, Georgia, was sentenced today (January 24) by United States District Judge J. Owen Forrester to serve six years in federal prison on corruption and drug charges.

United States Attorney Sally Quillian Yates said, "While dressed in his uniform, this former law enforcement officer sold out his badge to people he knew as drug dealers, and chose to protect them rather than the citizens. Any sworn officer who thinks they can abandon their oath and become a criminal in police clothing should know this: Your betrayal makes you a criminal ready for federal prison."

FBI Atlanta Special Agent in Charge Brian D. Lamkin said, "Having the public's trust is paramount in order for the criminal justice system to work effectively. It is for this reason that the FBI makes such public corruption matters a priority. While the public can be reassured that the vast majority of law enforcement personnel do uphold their sworn oaths of office with great vigor, those that choose to stray down a similar path as that of Atwater can expect a similar fate."

IRS-Criminal Investigation Special Agent in Charge Reginael D. McDaniel said of the case, "Public Safety Officers hold positions of trust in the eyes of the public and violation of this trust can send damaging ripple effects throughout the community. Today's sentencing demonstrates the government s determination to restore and ensure that trust."

ATWATER was sentenced to six years in prison to be followed by four years of supervised release, and ordered to perform 80 hours of community service. ATWATER pleaded guilty to the charges on July 21, 2010.

According to United States Attorney Yates, the charges and other information presented in court: On two occasions in 2010, ATWATER provided protection for what he believed to be multi-kilogram cocaine deals. For each deal, ATWATER agreed to protect the people he thought were drug dealers in exchange for $2,000. On both of those occasions, ATWATER was on duty, in uniform, and in his marked police vehicle when he provided the protection. ATWATER's participation in each of these two drug transactions forms the basis for both the corruption and the drug charges.

At today's sentencing hearing, prosecutors told the Court that after ATWATER's arrest, Special Agents with the Federal Bureau of Investigation investigated a report that ATWATER illegally searched the home of a Fulton County resident while driving a marked Fulton County Sheriff's Department vehicle and wearing a Fulton County Sheriff's Department uniform. ATWATER incorrectly told the resident that he had an arrest warrant for an individual inside of the residence. However, he refused to show the arrest warrant to the resident upon request. ATWATER then proceeded to enter and search the residence and again refused to show or leave a copy of the purported arrest warrant with the resident as he left the residence.

This case was investigated by Special Agents of Federal Bureau of Investigation and Internal Revenue Service-Criminal Investigation.

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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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