Two people break down your door, enter your house brandishing weapons, and yell "police! get on the ground!"
Do you believe them?
Does anyone know of a case
The joint task force of ATFD and county police attempted to carry out raids on two apartments in the same building while retaining the element of surprise: this raised the sense of urgency. The raid team wore "street clothes" to blend in with the "high crime" neighborhood.
In Apt. 102 the raid team found only two minor children present (a small child and a slightly older babysitter); the agents left a note for James Russell Thomas.
The raid on Apt. 2 was conducted at 8:30pm. The apartment had a solid metal door that opened onto a utility corridor that led to the apartment complex laundry room; Ballew kept that door blocked with furniture. Apt. 2 also had a glass door that Ballew used to enter and exit his apartment. The glass door allowed visitors to identify themselves and their purpose for admission. The raid team entered the utility corridor by a service entrance and approached the solid door to avoid being identified by the occupants.
ATFD agent William H. Seals claimed he knocked on the door, announced "Federal officers with a search warrant, open up." No one opened the door but by placing his ear to the door, Seals heard indistinct sounds of movement inside. ATFD agent Marcus J. Davis decided the occupants had heard the knock and call-out and had been allowed enough time to open the door. Davis ordered the team to breach the door with a battering ram.
Saraluise McNeil claimed that Ken Ballew was in the bath and that she was half-dressed in the bedroom. When the battering ram was first applied to the door, McNeil panicked. Ballew then got out of the bathroom and grabbed an 1847 Colt Walker revolver. McNeil claimed that they believed burglars were invading their home and that she armed herself with her own revolver based on that belief. The door was designed to defeat burglary attempts and took six blows to break open.
ATFD agent William H. Seals in civilian clothes (but wearing a badge) came through the door first and saw a nude man in the hallway aiming a revolver at him. Seals yelled to the county officers behind him "He's got a gun!", drew his own pistol from his holster, fired a shot and moved to the left.
In the corridor, County Police Officer Royce R. Hibbs heard the warning "He's got a gun!" followed by a gunshot; Hibbs came through the door next, ducked to the right, firing several shots as he moved.
Officer Louis Ciamillo was third through the door. Ciamillo took aim at Ballew and shot Ballew in the head. Ballew fell to the floor. It was after Ballew was hit and falling that his antique handgun discharged a single round. Ballew's only shot struck the wall at an angle to the hallway at floor level in a downward direction.
After the assault, the officers quickly began justifying their actions. "They [the BATF officers] went outside, still dressed as hippies with beards and in scruffy clothes, and at which time they first put on their BATF armbands to show that they were law enforcement officers engaged in proper exercise of their legal authority, and that they had given proper warning to the individual of their authority which, in fact, they had not."
No trials and no convictions resulted from the raids on Apt. 102 and Apt. 2 at 1014 Quebec Terrace on 7 June 1971. Ballew survived his head wound but suffered brain damage. Ballew filed a tort suit against the United States.
Ballew's attorney pointed out exculpatory evidence ignored by the ATFD. Ballew was a former US Air Force (USAF) security policeman with a clean military record. At the time of the raid Ballew was gainfully employed as a printing pressman at the Washington Post newspaper and was a Boy Scout troop leader. He was a member of the National Rifle Association (NRA) and owned a collection of legal firearms, mostly Civil War era reproductions.