Monday, July 02, 2012

MILLER: SWAT rampage destroys Iraq vet's home over guns

While Army Sgt. Matthew Corrigan was sound asleep inside his Northwest D.C. home, the Metropolitan Police Department (MPD) was preparing to launch a full-scale invasion of his home. SWAT and explosive ordnance disposal (EOD) teams spent four hours readying the assault on the English basement apartment in the middle of the snowstorm of the century.

(This is part two of a four part series on Sgt. Corrigan's case. Click here to read the first story.)

The police arrested the veteran of the Iraq war and searched his house without a warrant, not to protect the public from a terrorist or stop a crime in progress, but to rouse a sleeping man the police thought might have an unregistered gun in his home.

It all started a few hours earlier on Feb. 2, 2010, when Sgt. Corrigan called the National Veterans Crisis Hotline for advice on sleeping because of nightmares from his year training Iraqi soldiers to look for IEDs in Fallujah. Without his permission, the operator, Beth, called 911 and reported Sgt. Corrigan “has a gun and wants to kill himself.”

According to a transcript of the 911 recording, Beth told the cops that, “The gun’s actually on his lap.” The drill sergeant told me he said nothing of the kind, and his two pistols and rifle were hidden under clothes and in closets, to avoid theft.

So around midnight, the police arrived at the row house at 2408 N. Capitol Street. Over the next two hours, several emergency response team units were called to the scene, calling in many cops from home.

Police memos from that night describe the situation as involving a man who is, “threatening to shoot himself,” but “doesn’t want to hurt anybody.”

None of the cops’ documents indicate a threat that warranted a “barricade” and the closure of several streets to create “an outer perimeter that prohibited both traffic and pedestrian access.” With dozens of cops on the scene, they created a “staging area” two blocks away.

‘Rambo’

Around 1 a.m., the police knocked on the door of Tammie Sommons, the upstairs neighbor in the row house. Ms. Sommons had lived there since 2008 with her three roommates and, in that time, had become a close friend of Sgt. Corrigan. She had a key to his apartment and often walked his dog Matrix.

“I opened the door to this scene with three cops with guns pointed at Matt’s door,” she recalled in an interview this week. “One officer told me that Matt called a suicide hotline and was about to kill himself. I said that was impossible, he wasn’t that kind of guy. I told the police I see him every day and would know if he was suicidal.”

Over the next hour, Ms. Sommons repeatedly told the police she was sure that Sgt. Corrigan was merely sleeping. She knew he took prescription sleeping pills because of repeated nightmares from his year in Iraq. The cops wouldn’t listen to her.

“I said to the police, ‘You guys are making a big mistake. He’s not what you think,’” recalled Ms. Sommons. She offered to go downstairs and clear up the situation, but the police would not let her.

The officers asked her whether Sgt. Corrigan owned any guns. “I said, of course he has guns, he’s in the military,” she replied. Ms. Sommons had never seen the sergeant’s guns, but she is from a military family, in which gun ownership was the norm. She was truthful with the police because she was not aware the District requires registration of every gun.

This month, the U.S. House passed a nonbinding amendment, sponsored by Rep. Phil Gingrey, that said active military living in or stationed in D.C. should not be bound by the stringent firearm laws. Were such a law in place two years ago, Sgt. Corrigan would not have been targeted by the police.

MPD told Ms. Sommons that someone had reported that there was the smell of gas coming from Sgt. Corrigan’s apartment. “I told them that there was no gas in his apartment -- it was all electric,” she recalled. “I said if they smelled something, it’s just my roommate who was cooking chicken parmesan.”

Still, the police refused to accept the simpler explanation. “The cops said we needed to leave our house because Matt was going to shoot through the ceiling,” Ms. Sommons said. “They painted this picture like Rambo was downstairs and ready to blow up the place.”

At 3 a.m., the police called in an EOD unit -- the bomb squad. They brought in negotiators. They had the gas company turn off the gas line to the house. A few minutes before 4 a.m., they started calling Sgt. Corrigan’s cell phone, but they got no answer because he turned it off before going to bed. They woke him up by calling his name on a bullhorn. He then turned on the phone and was told to surrender outside.

Arrested Without Cause

When the police wouldn’t accept Sgt. Corrigan’s word that he was fine, he was forced to leave his home and surrender. When he stepped outside, he faced assault teams with rifles pointed at his chest. He immediately dropped to his knees, with his hands over his head.

Officers in full protective gear zip-tied Sgt. Corrigan's hands behind his back and pulled him up from his knees, forcing him into a large tactical command center called the “BEAR” which was parked at the staging area.

Although police did not read Sgt. Corrigan his Miranda rights, they questioned him inside the tactical truck. They asked the Iraq veteran basic questions about his life from various angles to get him to admit to owning guns. He remained silent about his two handguns and one rifle, which he had not registered after moving into the city.

Suddenly a police commander jumped in the truck and demanded to know where Sgt. Corrigan put his house key. He refused.

“I’m not giving you the key. I’m not giving consent to enter my house,” Sgt. Corrigan recalled saying in an interview with me last week at D.C. Superior Court after the city dropped all 10 charges against him.

“Then the cop said to me, ‘I don’t have time to play this constitutional bullshit with you. We’re going to break your door in, and you’re going to have to pay for a new door.’”

“‘Looks like I’m buying a new door,’” Sgt. Corrigan responded. “He was riffed”

Realizing quickly that his house would get raided without his permission, he asked for one thing from the police. “I said, ‘Please don’t hurt my dog. He’s friendly. He’s a good dog. Please don’t hurt him.’ They said they wouldn’t.”

The police then took Sgt. Corrigan to the VA hospital, still with his hands restrained. He didn’t want to be put in the hospital against his will, so he was okay with being left there temporarily. He signed himself in for help.

“After having all those guns at me, I was broken,” he said, pointing again at his chest, where he’d seen the rifle red laser dots. “I hadn’t slept in days, I just wanted to sleep.”

The reservist spent three nights in the hospital. When he got out, the police were waiting to arrest him for the unregistered guns found when they raided his home, without a warrant.

Search, Seizure, but no Warrant

Since Sgt. Corrigan refused to permit a search of his house, the police had to break down his door. The cops, however, didn’t bother to wait for a search warrant before doing so. “They were all keyed up because they had been there and ready to go all night,” surmised Sgt. Corrgian’s attorney, Richard Gardiner.

The first to enter the supposedly dangerous apartment was the Emergency Response Team, which secured the dog Matrix and gave him over to animal control, according to police reports. Only then did the EOD personnel enter to search using portable x-ray equipment.

During the “explosive threat clearing efforts,” police reported finding the sergeant’s “hazardous materials,” which included two pistols and a rifle, binoculars and ammunition. The report also details how it took the combined efforts of the police, EOD and the D.C. Fire Department to seize the “military ammunition can that contained numerous fireworks type devices.” These were fireworks left over from the Fourth of July.

Also taken into evidence was what the police described as a “military smoke grenade” and “military whistler device.” This smoke-screen canister and trip wire were put in Sgt. Corrigan’s rucksack in 1996 by his squad leader and had long been forgotten over the years. EOD took custody of the smoke grenade and whistle. The rest of the the materials were handed over to the crime scene search department at 7:30 a.m.

Police Lt. R.T. Glover was pleased with the seven hour operation that resulted in finding three unregistered guns in D.C. In his report to Police Chief Cathy L. Lanier, he concluded that, “as a result of this barricade incident, there are no recommendations for improvement with respect to overall tactical operations.”

Police Destruction

The dry after-action notes from the police following the operation give no clue to the property damage done to Sgt. Corrigan’s home. They tore apart the 900 square foot place.

Instead of unzipping luggage, the police used knives to cut through and destroy the bags. They dumped over the bookshelves, emptied closets, threw the clothes on the floor.

In the process, they knocked over the feeding mechanism for the tropical fish in the sergeant’s six-foot long aquarium. When he was finally released from jail two weeks later, all of his expensive pet fish were dead in the tank.

The guns were seized, along with the locked cases, leaving only broken latches behind. The ammunition, hidden under a sleeping bag in the utility closet, was taken. They broke Sgt. Corrigan’s eyeglasses and left them on the floor. The police turned on the electric stove and never turned it off and left without securing the broken door.

When Ms. Sommons came back to her home the next day, she looked into Sgt. Corrigan’s apartment. “I was really upset because it was ransacked. It made me lose respect for the police officers involved,” she said, the stepdaughter of a correctional officer.

“Here was Matt, who spent a year fighting for our country in Iraq -- where these police would never set foot in -- and they treat him like trash off the street.”

In February, Sgt. Corrigan filed a civil suit against the District asking for a minimum of $500,000 in damages for violating his Fourth Amendment right to be free from unreasonable searches and seizures. His attorney, Mr. Gardiner, intends to add some of the individual officers to the suit when they are identified in discovery.

NEXT IN PART THREE OF THE STORY: Iraq Vet Jailed Two Weeks for Guns

WashingtonTimes

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