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Mexican Invasion
See other Mexican Invasion Articles

Title: Pity the Poor Stormtroopers: Baby Bou-Bou Ambushed Them
Source: Pro Libertate
URL Source: http://www.freedominourtime.blogspot.com/
Published: May 18, 2015
Author: William Norman Grigg
Post Date: 2015-05-20 05:20:07 by Deckard
Keywords: None
Views: 4937
Comments: 14

The truth in black and white -- but don't believe it:
Sheriff J
oey insists that this is the face of a criminal.



It was the baby’s fault that he was nearly burned to death in his own crib. 

Bou-Bou Phonesavanh was barely a year and a half old, just learning to walk, and unable to speak, but those limitations didn’t stop him from engaging in “deliberate, criminal conduct” that justified the 2:00 a.m. no-knock SWAT raid in which he was nearly killed

The act of sleeping in a room about to be breached by a SWAT team constituted “criminal” conduct on the part of the infant. At the very least, the infant was fully liable for the nearly fatal injuries inflicted on him when Habersham County Sheriff’s Deputy Charles Long blindly heaved a flash-bang grenade – a “destructive device,” as described by the ATF, that when detonated burns at 2,000-3,500 degrees Fahrenheit – into the crib. 

The detonation of a flash-bang grenade.
Merely by being in that room, Bou-Bou had assumed the risk of coming under attack by a SWAT team. By impeding the trajectory of that grenade, rather than fleeing from his crib, Bou-Bou failed to “avoid the consequences” of that attack. 

In any case, Bou-Bou, along with his parents and his siblings, are fully and exclusively to blame for the injuries that nearly killed the child and left the family with more than one million dollars in medical bills. The SWAT team that invaded the home in Cornelia, Georgia on the basis of a bogus anonymous tip that a $50 drug transaction had occurred there is legally blameless. 

This is the defense presented by Haberham County Sheriff Joey Terrell and his comrades in their reply to a federal lawsuit filed last February on behalf of Bou-Bou Phonesavanh and his family

A tax-subsidized settlement was reached about a month ago in which the National Fire Insurance Company will pay $964,000 to the family -- a little more than $538,000 for medical expenses, and multiple installments of $200,000 to the infant after he turns 18 in 2033. This arrangement will leave the family facing at least a half-million dollars in current medical expenses, a figure that will be matched or eclipsed by future costs incurred by Bou-Bou's ongoing medical treatment.

In familiar fashion, nobody responsible for this crime will be compelled to make restitution, or be held accountable for the nearly fatal injuries inflicted on the child – and the significant but non-life-threatening injury suffered by his father -- during the 2:00 a.m. home invasion that took place nearly a year ago.

Nearly every lawsuit begets a “defendant’s reply” disputing all of the factual allegations and legal claims presented by the plaintiffs. Where the defendants are law enforcement officers, the objective is to build a case that the actions of the officers were “reasonable” and in compliance with established “policies and procedures” – and thus protected by “qualified immunity.” From this perspective, the assailants are innocent of all liability even though they did everything wrong – and the victims are fully to blame even though they did nothing wrong. The reply filed on behalf of Sheriff Joey's deranged deputies will serve as a legal clinic for other departments involved in similar Soviet-grade atrocities in the future.

No evidence of any illegal conduct was found at the home as a result of the raid. The front yard and driveway of the residence abounded in evidence that children lived there – evidence so clear and compelling that even a police officer would have recognized it. The search and arrest warrant was issued at about 2:00 in the afternoon on May 27; this offered plenty of time for the vigilant and capable personnel of the Habersham County Sheriff’s Office to conduct surveillance of the targeted residence and even to arrest the suspect in more conventional fashion, assuming that this was necessary and justified. 


The subject of the warrant, Wanis Thonetheva, was not at the residence when the stormtroopers arrived. He was arrested on narcotics charges several hours later, in broad daylight and in unremarkable fashion, “at his actual place of residence, without any resistance and without the use of a flashbang stun grenade,” the lawsuit recalls.

At the time that arrest was being made, Bou-Bou’s parents were just absorbing the horror of what had been done to the infant by the assailants who had broken into their temporary home without cause and kidnapped the gravely wounded child. 

Bou-Bou’s father -- in agony from a torn rotator cuff that resulted from being assaulted, thrown to the floor, and shackled by one of the invaders -- noticed some blood in the empty crib. The screaming child had been seized by the berserkers and taken away. The frantic parents were not allowed access to the traumatized and bleeding child—“officer safety” uber alles, you know. To cover the abduction, one of the officers on the scene did what comes naturally to highly trained police officers: he hastily improvised a self-serving lie. 

“The parents were told by officers on the search team that their son had a tooth dislodged as a result of the search and that the blood that the parents saw in or about the area of the crib was due to the alleged tooth issue,” recounts the lawsuit. The parents “did not know the extent of their son’s injuries (and were not provided truthful information about them by the Defendants) until they were told at the Hospital where their son was taken that he was in a coma.”


Yes, it is possible that one of the infant’s newly-cut teeth had been “dislodged” by the stun grenade. What the people responsible for that act of abhorrent criminal violence did not mention was that the toddler also suffered “severe blast burn injuries to the face and chest; a complex laceration of the nose, upper lip and face, twenty percent of the right upper lip [was] missing; the external nose [was] separated from the underlying bone; and a large avulsion burn into the chest with a resulting left pulmonary contusion and sepsis.”


Sheriff Joey’s underlings told Bou-Bou’s parents that they had knocked out one of the baby’s teeth. They actually blew off his face and gouged a hole in his chest. Exhibit B in the lawsuit is an unbearable hospital photograph of the child in a medically induced coma immediately after the attack. The Defendant’s reply to that piece of evidence is a denial that the photograph “accurately depicts the injuries allegedly sustained” by the infant.

Even if that photograph is a reliable depiction of those injuries, the baby only had himself to blame, according to Sheriff Joey and his band of privileged cretins. 

Bounkham “Bou-Bou” Phonesavanh is the lead plaintiff in the lawsuit, with his parents listed as co-plaintiffs. When the defendants claim that the damages caused to the child, “if any,” were “directly and proximately caused by the contributory and comparative negligence of the plaintiffs and their failure to exercise ordinary care,” they are blaming the baby for not foreseeing the possibility that he would be attacked by a SWAT team at 2:00 a.m. and burned alive in his crib.

When the defendants seek to deflect blame by claiming that “the deliberate, criminal conduct of [the] plaintiffs … supersedes any and all negligence or liability, if any, on the part of these defendants,” they are pretending to believe that the 19-month-old child was part of a criminal conspiracy. 


In its “eleventh defense,” Sheriff Joey and his Brownshirts let everything fly, invoking the doctrines of “assumption of the risk, failure to avoid consequences, laches, failure to mitigate damages, last clear chance, and sudden emergency.” 

Reduced to its putrid essence, this compound defense amounts to a single claim: If you live anywhere within the claimed jurisdiction of a federally subsidized einsatzgruppe like the Mountain Judicial Circuit Narcotics Criminal Investigation and Suppression Team, then you are fair game for an after-midnight military raid, and you have only yourself to blame once it happens. 

It doesn’t matter that the raid is the product of a dishonestly obtained search warrant issued on the basis of an anonymous tip from a petty criminal, or that no evidence of illegal activity was ever discovered. If your home is torn apart and your infant is nearly killed, you alone are responsible, and the gallant agents of public order cannot be held liable. This is true even in cases like that of the Phonesavankh family, who sought a temporary home with a relative in Georgia after their house in Wisconsin was claimed by a fire. 

This is all covered by the “Sucks to be you” provision of the “If you’re not a cop, you’re little people” doctrine.
Looking for other babies to burn, deputy?
Bobbing like feculent flotsam in the puddle of sewage that is the defendants’ “eleventh defense” is the term “laches,” which refers to an impermissible delay by a plaintiff in bringing forward a claim for damages.

This obviously doesn’t apply to the conduct of the Phonesavankh family in this case. They filed a timely notice of tort claim, and then proceeded to file the lawsuit after the Habersham County grand jury refused to hold the Sheriff and his minions accountable – and after the county government broke its promise to pay for Bou-Bou’s medical treatment.

The origins and usage of that obscure and archaic legal term do offer some insight about the way Bou-Bou’s would-be murderers see themselves, and their victim.

“Laches” is a term embodying the ancient legal maxim that “Equity favors the vigilant, and not those who have slumbered on their rights.” Defendants who appeal to this oft-cited and little-applied concept are accusing plaintiffs of subjecting them to a form of “legal ambush.”

 What Sheriff Joey and his cornpone chekists are claiming, in effect, is that while he was sleeping, Baby Bou-Bou ambushed them.

(This post has been updated to include details of the settlement.)
(7 images)

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#1. To: Deckard (#0)

These cops need to be personally liable.

They need to face serious prison time.

This was gross incompetence leading to near-fatal maiming of an infant and for no good reason at all.

I hope the feds roast them but I won't be holding my breath.

Tooconservative  posted on  2015-05-20   5:33:04 ET  Reply   Trace   Private Reply  


#2. To: Deckard (#0)

What Sheriff Joey and his cornpone chekists are claiming, in effect, is that while he was sleeping, Baby Bou-Bou ambushed them.

No surprise, the sheriff and his JBT team are Conspiracy Theory Ko0k$!


The D&R terrorists hate us because we're free, to vote second party

"We (government) need to do a lot less, a lot sooner" ~Ron Paul

Hondo68  posted on  2015-05-20   5:35:41 ET  Reply   Trace   Private Reply  


#3. To: Deckard (#0)

What Sheriff Joey and his cornpone chekists are claiming, in effect, is that while he was sleeping, Baby Bou-Bou ambushed them.

Would someone please explain to me how Joey and those men are still alive?

BobCeleste  posted on  2015-05-20   6:05:04 ET  Reply   Trace   Private Reply  


#4. To: Deckard (#0)

" What Sheriff Joey and his cornpone chekists are claiming, in effect, is that while he was sleeping, Baby Bou-Bou ambushed them. "

This story is truly disgusting!

I guess we will be told that this is "yellow journalism".

Si vis pacem, para bellum

Stoner  posted on  2015-05-20   9:07:37 ET  Reply   Trace   Private Reply  


#5. To: TooConservative (#1)

" These cops need to be personally liable.

They need to face serious prison time.

This was gross incompetence leading to near-fatal maiming of an infant and for no good reason at all. "

I completely agree!

Very well stated.

Si vis pacem, para bellum

Stoner  posted on  2015-05-20   9:10:44 ET  Reply   Trace   Private Reply  


#6. To: TooConservative (#1)

These cops need to be personally liable.

They need to face serious prison time.

This was gross incompetence leading to near-fatal maiming of an infant and for no good reason at all.

I couldn't agree more,but I would like to see the gavel fall the heaviest on the supervisors who approved this raid. We know the typical SWAT cop has the mind and personality of a 12 year old playing with video guns,but the supervisors that sign off on this crap are SUPPOSED to be adults with experience and judgement.

I hope the feds roast them but I won't be holding my breath.

Sadly,I agree with that,too. There is way too much "you scratch my back and I'll scratch yours" going on with LEO's and court systems.

Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012)

sneakypete  posted on  2015-05-20   18:28:02 ET  Reply   Trace   Private Reply  


#7. To: sneakypete (#6)

I couldn't agree more,but I would like to see the gavel fall the heaviest on the supervisors who approved this raid.

I really get that but courts aren't going to let you punish the supervisor more than the guy(s) who actually harmed the child so recklessly. The supervisor probably didn't order anyone to lob that flashbang grenade into the crib.

A cop is responsible for the weapons he uses.

Tooconservative  posted on  2015-05-20   22:01:24 ET  Reply   Trace   Private Reply  


#8. To: TooConservative (#7)

I really get that but courts aren't going to let you punish the supervisor more than the guy(s) who actually harmed the child so recklessly. The supervisor probably didn't order anyone to lob that flashbang grenade into the crib.

No,but none of these raids would happen without the approval of the superiors.

A cop is responsible for the weapons he uses.

They should be held responsible,but it doesn't happen very often.

Why is democracy held in such high esteem when it’s the enemy of the minority and makes all rights relative to the dictates of the majority? (Ron Paul,2012)

sneakypete  posted on  2015-05-21   0:53:42 ET  Reply   Trace   Private Reply  


#9. To: Gatlin, misterwhite, Percy Misanthrope, Grand Island, Vinny, VxH (#0)

Deckard  posted on  2015-05-21   21:43:28 ET  Reply   Trace   Private Reply  


#10. To: Deckard, A K A Stone, misterwhite, Percy Misanthrope, Grand Island, Vinny, VxH (#9)

That's something the cop-suckers here would say.

This is what I will say here:

This happened in May of 2014, over a year ago, and you already posted a thread about this last year.
This is tragic and it never should have happened.
However, there is absolutely no need for you to regurgitate this story over and over again with the same message.
Don't page me when you feel like puking again.

Gatlin  posted on  2015-05-21   23:35:08 ET  Reply   Trace   Private Reply  


#11. To: GrandIsland (#10) (Edited)

Interesting:

There may be a reason grandparents repeat the same stories over and over again. According to a new study , older people are more likely than younger people to forget with whom they've shared information.

The study investigated two types of memory: source memory, or your recollection of who told you a piece of information; and destination memory, which is your recollection of which people you've informed. Not only were older people bad at remembering to whom they'd told information, they were very confident in their mistaken memories.

"Older adults are additionally highly confident, compared to younger adults, that they have never told people particular things when they actually had," study co-author Nigel Gopie, a cognitive scientist at the Rotman Research Institute in Toronto, said in a statement. "This over-confidence presumably causes older adults to repeat information to people."

Source.

Since Deckard is again posting a story that is over a year old, one he established a thread about last year…this has to mean that Deckard is a centenarian and the only poster on LF who now lives beyond the age of 100 years. It seems that he cannot remember anything correctly....but of course we knew that.

Gatlin  posted on  2015-05-21   23:48:33 ET  Reply   Trace   Private Reply  


#12. To: Stoner (#4) (Edited)

I guess we will be told that this is "yellow journalism".

Why do you guess that?

You looking for a yellow journalism story, the here it is:
http://libertysflame.com/cgi-bin/readart.cgi? ArtNum=39746&Disp=All,

Gatlin  posted on  2015-05-22   0:45:50 ET  Reply   Trace   Private Reply  


#13. To: Gatlin (#11) (Edited)

It's just more proof beyond any REASONABLE doubt, that Deckard isn't here to post facts or educate. He's here to indoctrinate the people that aren't REASONABLE THINKERS.

No other reason to post a lie... then post it again after Deckard was PROVEN its a lie a year ago and he waits until the UNREASONABLE thinking people forget about his exposure... and posts it again to indoctrinate his AGENDA.

Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy

GrandIsland  posted on  2015-05-22   8:17:30 ET  Reply   Trace   Private Reply  


#14. To: GrandIsland (#13)

It's just more proof beyond any REASONABLE doubt, that Deckard isn't here to post facts or educate.

Every one of the FACTS posted in this article have been DOCUMENTED!

“Truth is treason in the empire of lies.” - Ron Paul

In a Cop Culture, the Bill of Rights Doesn’t Amount to Much

Americans who have no experience with, or knowledge of, tyranny believe that only terrorists will experience the unchecked power of the state. They will believe this until it happens to them, or their children, or their friends.
Paul Craig Roberts

Deckard  posted on  2015-11-06   9:58:35 ET  Reply   Trace   Private Reply  


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