Que
06-23-2004, 06:42 AM
NORTH RICHLAND HILLS - A state appeals court threw out search and arrest warrant affidavits used in a December 1999 drug raid that left the son of true-crime writer Barbara Davis dead.
The ruling, released Thursday, states that the no-knock warrants failed to show an informant was reliable, and it states that North Richland Hills police Sgt. Andy Wallace did not corroborate many of the facts passed along by the informant.
The ruling was the result of an appeal by Davis, who pleaded guilty to possession of GHB, a designer drug, found after the raid. Her plea agreement included the right to appeal.
The case could be retried or dismissed, or prosecutors could appeal.
The ruling by the three-judge Court of Appeals 2nd Judicial District of Texas in Fort Worth could also affect a wrongful-death lawsuit filed by the Davis family.
The city has maintained that police had probable cause to burst into the house without knocking to search for marijuana plants because Troy Davis, the author's son, was considered armed and dangerous. Barbara Davis was also in the house at the time.
Story (http://www.dfw.com/mld/startelegram/news/local/states/texas/northeast/8983675.htm?1c&ERIGHTS=5301261884685893193dfw::countguydelavalden e@yahoo.com&KRD_RM=4olmomsnpmkqrlqkkkkkkkklqr|Billy|Y&is_rd=Y)
It's too bad that these killings will continue until jail time is given to the offenders as well as payouts to the victims.
The ruling, released Thursday, states that the no-knock warrants failed to show an informant was reliable, and it states that North Richland Hills police Sgt. Andy Wallace did not corroborate many of the facts passed along by the informant.
The ruling was the result of an appeal by Davis, who pleaded guilty to possession of GHB, a designer drug, found after the raid. Her plea agreement included the right to appeal.
The case could be retried or dismissed, or prosecutors could appeal.
The ruling by the three-judge Court of Appeals 2nd Judicial District of Texas in Fort Worth could also affect a wrongful-death lawsuit filed by the Davis family.
The city has maintained that police had probable cause to burst into the house without knocking to search for marijuana plants because Troy Davis, the author's son, was considered armed and dangerous. Barbara Davis was also in the house at the time.
Story (http://www.dfw.com/mld/startelegram/news/local/states/texas/northeast/8983675.htm?1c&ERIGHTS=5301261884685893193dfw::countguydelavalden e@yahoo.com&KRD_RM=4olmomsnpmkqrlqkkkkkkkklqr|Billy|Y&is_rd=Y)
It's too bad that these killings will continue until jail time is given to the offenders as well as payouts to the victims.