Case 1:08-cv-00007-MHS Document 112-4 Filed 12/16/09 Page 1 of 27

JUNNIER GUILTY PLEA

AN D PLEA AGREEMENT,

p.1,
UNITED S TA TES v. GREGG

JUNNIER. US D C
NOTHERN DI ST RI CT O F
GEORGIA. ATLANTA
DIVISION, CRIMINAL ND.
:07-CR-129
I

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GUILTY PLEA and PLEA AGREEMENT

United $taws Auorncy
Nanhcm strict of Georgiz

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

CRIMINAL NO . 1 :07-CR-129
GREGG J-IJNNCER, defendant, h aving received a copyof the above-numbered Criminal Informat ion
and having waived ind ictment, hereby pleads GUILTY to the Information . The defendant, h is
counsel, and the Un ited States Attorney for the Northern D istrict of Georgia and the Civil Rights
Div ision of the United States Department of Justice, as counsel for the Un ited States (and
collectively referred to here in as "the Government"), subject to approval by the Court , have agreed
upon a negotiated plea in this case, the terms of which are as follows :

DEFENDANT'S ADMISSION OF GUILT AND THE FACTUAL BASIS THEREFOR

The defendant admits that he is pleading guilty because he is in fact guilty of the crime

charged in the Criminal information, that is, Civil Rights Conspiracy Resulting in Death . The
defendant agrees that, r f this case proceeded to trial, the Government could prove the facts set forth
in the factual basis, attached hereto as Exhibit 1, which is incorporated herein by reference .

STATE GUILTY PLEA AND PLEA AGREEMENT

2 . The defendant agrees to plead guilty in the Fulton County Superior Court pursuant to the
State Plea Agreement, entered into with the Fulton County District Attorney (the "State"), attached
hereto as Exhibit 2, before entering his guilty plea in federal court . If the Fulton County Superior
Court declines to accept the State Plea Agreement, this federal Plea Agreement alone will control .

WAVER OF RIGHTS
3 . The defendant understands that by pleading guilty, he is giving up the right to plead not guilty
and the right to be tried by a jury . At a trial, the defendant would have the right to an attorney, and
if the defendant could not afford an attorney, the Court would appoint one to represent thedefendant .

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During the trial, the defendant would be presumed innocent and the Government would have the
burden of proving him guilty beyond a reasonable doubt . The defendant would have the right to
confront and cross-examine the witnesses against him . If the defendant wished, he could testify on
his own behalf and present evidence in his defense, and he could subpoena witnesses to testify on
his behalf. If, however, the defendant did not wish to testify, that fact could not be used against him .
If the defendant were found guilty after a trial, he would have the right to appeal the conviction . The
defendant understands that by pleading guilty, he is giving up all of these rights and there will not
be a trial of any kind . The defendant also understands that he ordinarily would have the right to
appeal his sentence and, under some circumstances, to attack the sentence in post-conviction
proceedings . By entering this Plea Agreement, the defendant may be waiving some or all of those
rights to appeal or collaterally attack his sentence, as specified below . Finally, the defendant
understands that, to plead guilty, he may have to answer questions posed to him by the Court
concerning the rights that he is giving up and the facts of this case, and the defendant's answers, if
untruthful, may later be used against him in a prosecution for perjury or false statements .

NO ADDITIONAL CHARGES
4, The United States Attorney For the Northern District of Georgia and the Civil Rights Division
of the United States Department of Justice agree not to bring further criminal charges against the
defendant related to the charge to which he is pleading guilty, except that the Government is free to
prosecute the defendant for any other past criminal conduct that (1) the defendant did not disclose
to the Government prior to the filing of this Plea Agreement with the Court and (2) resulted in the
death, permanent or life-threatening bodily injury, or serious bodily injury of any person . The
defendant understands that this provision does not bar prosecution by any other federal, state or local
jurisdiction, except as provided in Exhibit 2 .

BOND
5 . Upon entry of the defendant's guilty plea, the Government agrees to recommend that the
defendant be released on an unsecured bond, with appropriate conditions, for two months or until
the Government determines that his release is not useful for his cooperation under this Plea

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Agreement, whichever period is later . The defendant agrees that he will then consent to revocation
of his bond and detention in a federal facility pending sentencing,

STATUTORY MAXIMUM AND MANDATORY MINIMUM PENALTIES

6.

The defendant understands that, based on his offense of conviction, he is sub j ect to the

following maximum and mandatory minimum statutory penalties :

(a) Maximum term of imprisonment : life.
(b) Mandatory minimum term of imprisonment : none.
(c) Maximum Term of supervised release : 5 years .
(d) Maximum fine : X250,000 .00 .
(e) Full restitution to all victims of the offense and relevant conduct .
(fl Mandatory special assessment : $ 100 .

The defendant understands that, before imposing sentence in this case, the Court will be required to
consider, among other factors, the provisions of the United States Sentencing Guidelines .

BINDING SENTENCING GUIDELINE CALCULATIO NS

7 . The parties agree to the following application of the Sentencing Guidelines :

8.

Pursuant to U .S.S.G . 2HL 1(a)(1), the applicable offense guideline is U .S .S.G. 2A 1 .1(a),

which provides for a base offense level of 43 . Taking into account the unusual circumstances
presented in this specific case, however, pursuant to U .S .S .G, 5K2 .0, the appropriate base offense
level is 27,

9. Since the offense was committed under color of law, add 6 levels pursuant to U .S .S .G .
2H1 .1(b)(I) .

10 . Since the defendant obstructed justice, add 2 bevels pursuant to U .S .S .G . 3C 1 .1 .

} }, Since the defendant has accepted responsibility, subtract 3 levels pursuant to U .S .S .G.

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3E1 .1 . However, the Government will not be required to recommend an adjustment based on
acceptance of responsibility if, after entering this Plea Agreement, the defendant engages in conduct
inconsistent with accepting responsibility . Thus, by way of example only, should the defendant
falsely deny or falsely attempt to minimize his involvement in relevant offense conduct, give
conflicting statements about his involvement, fail to pay the special assessment, or participate in
additional criminal conduct, including unlawful personal use of a controlled substance, the
Government will not be required to recommend an adjustment for acceptance of responsibility .

12 . No other adjustments apply .

13 . The total offense level is 32,

14. The defendant's criminal history category is L If the defendant receives credit for acceptance
of responsibility, the resulting guideline range i s 121-151 months and the appropriate sentence is 121

month s.

15. If the defendant does not receive credit for acceptance of responsibility, the resulting
guideline range is 168-210 months, and the appropriate sentence would be a sentence within that
range .

16 .

Pursuant to Rules 1 l(c)(1)(C) and (d) of the Federal Rules of Criminal Procedure, should the

Court reject the foregoing guideline calculations, the defendant may withdraw his guilty plea . The
parties agree that this case would then be controlled solely by the terms of the State Plea Agreement .
The parties agree further that Rules I 1(c)(1)(C) and (d) do not apply to any provision of this
agreement other than those discussed in paragraphs 6 through 14 . Thus, the parties agree that,
should the Court reject any provision not discussed in paragraphs 6 through 14 of this agreement,
the defendant will not have the right to withdraw his guilty plea .

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COOPERATION
17 . The defendant agrees to cooperate truthfully and completely with the Government, including
being debriefed or interviewed in any forum and providing truthful testimony at any proceeding
resulting from or related to his cooperation . The defendant also agrees to disclose the existence of
and to produce to the Government any and all books, papers, documents, and other items of
evidentiary value that are in his actual or constructive possession . The defendant understands that
the Government and the State alone will determine what forms of cooperation to request from the
defendant, and the defendant agrees that he will not engage in any investigation or other cooperation
that is not specifically authorized by the Government or the State .

18 . The defendant and his counsel agree that Government attorneys and law enforcement agents
may contact the defendant without notifying and outside the presence of his counsel for purposes

relevant to the defendant's cooperation .

19 . Pursuant to Section 1131 .8 of the Sentencing Guidelines, the Government agrees that any selfincriminating information that was previously unknown to the Government and is provided to the
Government by the defendant in connection with his cooperation and as a result of this Plea
Agreement will not be used in determining the applicable Sentencing Guideline range, although such
information may be disclosed to the Probation Office and the Court . The Government also agrees
not to bring additional charges against the defendant based on any information provided by the
defendant in connection with his cooperation that was not known to the Government prior to the
cooperation, with the exception of charges based on criminal conduct that resulted in death,
pennanent or life-threatening bodily injury, or serious bodily injury of any person . However, if the
Government determines that the defendant has not been completely truthful and candid in his
cooperation with the Government, he may be subject to prosecution for perjury, false statements,
obstruction of justice, and any other appropriate charge, and all information he has provided may be
used against him in such a prosecution .

20. The Government agrees to make the extent of the defendant's cooperation known to the

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sentencing court . In addition, i f the cooperation is completed before sentencing and the Government
determines that such cooperation qualifies as "substantial assistance" pursuant to Title 18, United
States Code, Section 3553(e) and/or Section SKI .1 of the Sentencing Guidelines, the Government
will file a motion at sentencing recommending a downward departure fiarn the applicable guideline
range, as calculated in paragraphs 6 through 14 . If the cooperation is completed after sentencing and
the Government determines that such cooperation qualifies as "substantial assistance" pursuant to
Rule 35(b) of the Federal Rules of Criminal Procedure, the Government will file a motion for
reduction of sentence . Good-faith efforts by the defendant that do not substantially assist in the
investigation or prosecution of another person who has committed a crime will not result in either
a motion for downward departure or a Rule 35 motion . The defendant also understands that, should
the Government decide to file a motion pursuant to this paragraph, the Government may recommend
any specific sentence reduction, and the final decision as to what credit, if any, the defendant should
receive for his cooperation will be determined by the Court . If the defendant fails to cooperate
truthfully and completely, or if the defendant engages in additional criminal conductor other conduct
inconsistent with cooperation, he will not be entitled to any consideration whatsoever pursuant to
this paragraph .

21 . The Government agrees not to oppose any request by the defendant to seek placement in a
particular correctional facility, assuming such facility is of the appropriate security level for the type
of offense charged and the sentence imposed .

RIGHT TO STATE FACTS AND MAKE REC OMMEN DATIONS

22 . The Government reserves the right to inform the Court and the Probation Office of all facts
and circumstances regarding the defendant and this case, and to respond to any questions from the
Court and the Probation Office and to any misstatements of fact or law . Except as expressly stated
elsewhere in this Plea Agreement, the Government also reserves the right to make recommendations
regarding application of the Sentencing Guidelines .

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LIMITED WAIVER OF APPEAL

23 . To the maximum extent permitted by federal law, the defendant voluntarily and expressly
waives the right to appeal the conviction and sentence and the right to collaterally attack his sentence
in any post-conviction proceeding on any ground, including a Section 2255 proceeding, except that
the defendant may file a direct appeal of a custodial sentence greater than 121 months, if the
defendant receives credit for acceptance of responsibility, or a custodial sentence greater than 210
months, if the defendant does not receive credit for acceptance of responsibility ; but in such an
appeal, the defendant will not challenge any guideline computation jointly recommended by the
Government and the defendant and adopted by the Court at sentencing . The defendant understands
that this Plea Agreement does not limit the Governments right to appeal, but if the Government
appeals the sentence imposed, the defendant may also file a direct appeal of his sentence .

FINE/RESTITUTION
24 . If the Court determines that the defendant is capable of paying a fine, and that a fine is
appropriate, the Government agrees to recommend a fine at the bottom of the applicable Guideline
range . The defendant agrees to pay any fine and/or restitution imposed by the Court to the Clerk of
Court for eventual disbursement to the appropriate account and/or victim s) . The defendant also
agrees that the full fine and/or restitution amount shall be considered due and payable immediately .
If the defendant cannot pay the full amount immediately and is placed in custody or under the
supervision of the Probation Office at any time, he agrees that the custodial agency and the Probation
Office will have the authority to establish payment schedules to ensure payment of the fine and/or
restitution . The defendant further agrees to cooperate fully in efforts to collect the fine and/or
restitution obligation by set-off of program payments, execution on non-exempt property, and any
other means the Government deems appropriate . Finally, the defendant and his counsel agree that
Government officials may contact the defendant regarding the collection of any fine and/or
restitution without notifying and outside the presence of his counsel .

SPECIAL ASS ESSMENT

25 .

The defendant agrees that, within 30 days of the gu i lty plea, he will pay a special assessment

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in the amount of $100 by money order or certified check made payable to the Clerk of Court, U .S .
District Court, 2211 U .S . Courthouse, 75 Spring Street, S .W ., Atlanta, Georgia 30303 . The
defendant agrees to provide proof of suet-, payment to the undersigned Assistant United States
Attorney within 30 days of the guilty plea .

BIOLOGICAL EVIDENCE
26 . The defendant states that, because he knows that he is actually guilty of the offense to which
he is entering pleas of guilty, he now knowingly waives the right to request DNA testing of any
evidence in this case in the current proceeding, in any post-conviction proceeding under ] $ USC
3600, and in any other type of proceeding in which DNA testing, may be requested . The defendant
fully understands that, as a result of this waiver of the right to DNA testing, he will never have
another opportunity to have the evidence in this case submitted for DNA testing or to employ the
results of D N A testing to support a claim that he is innocent of the offense to which he is pleading
guilty . Understanding those rights, the defendant hereby knowingly and voluntarily gives up the
right to request DNA testing .

VIOLATION OF PLEA AGREEMENT

27 . If the defendant fails in any way to fulfill each one of his obligations under this Plea
Agreement, including his obligation to cooperate fully and truthfully, the Government may elect to
be released from its commitments under this Plea Agreement and may recommend a sentence up to
and including 210 months' imprisonment . Alternatively, the Government may move the Court to
void the Plea Agreement and, if such motion is granted, the Government may then prosecute the
defendant for any and all Federal crimes that he has committed related to this case, and may
recommend to the Court any sentence permitted by statute and the Sentencing Guidelines . The
defendant expressly waives any statute of limitations defense and any constitutional or statutory
speedy trial defense to such a prosecution, except to the extent that such a defense exists as of the
date he signs this Plea Agreement . In addition, the defendant agrees that, in such a prosecution, all
admissions and other information that he has provided at any time, including all statements he has
made and all evidence he has produced during proffers, interviews, testimony, and otherwise, may

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be used against him, regardless of any constitutional provision, statute, rule, or agreement to the
contrary. Finally, the defendant understands that his violation of the terms of this Plea Agreement
would not entitle him to withdraw his guilty plea in this case .

NO OTHER AGREEMENTS
28. There are no other agreements, promises, representations, or understandings between the
defendant and the Government .

In Open Court this day of April, 2007.

YONETT SAM-BUCHANAN
Assistant United States Attorn y

JAN-PETER F . KELLY Assistant United States Attoi

SALLY O . YATES

First Assistant United States

*GE
MFTT ERALD,,Special Litigation Counsel, Criminal Section
Civil Rights Division

United States Department of Justice

K J . KAPPftH
Chief, Criminal Section
Civil Rights Division
United States Department of Justice

DATE

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U . S . DEPARTMENT OF JUSTICE
Statement of Special Assessment Account
This statement reflects your special assessment only . There may be other penalties imposed at
sentencing .

ACCOUNT INFORMATION
CRIlv1INAL ACTION NO . : t : o7-cx-z 29
DEFENDANT'S NAME :

GREGG JUNNIER

PAY THIS AMOUNT :

$1_00

INSTRUCTIONS :
PAYMENT MUST BE MADE BY CERTIFIED CHECK OR MONEY ORDER
PAYABLE TO :
CLERK OF COURT, U.S . DISTRICT COURT
* PERS O NAL CHECKS WILL N OT BE ACCEPTED *

2 . PAYMENT MUST REACH THE CLERK'S OFFICE WITHIN 30 DAYS OF THE

ENTRY OF YOUR GUILTY PLEA
3. PAYMENT SHOULD BE SENT OR HAND DELIVERED TO :
Clerk of Court, U .S . District Court
2211 U .S . Courthouse
75 Spring Street, S .W .
Atlanta, Georgia 30303
(Do not Send Cash)

4. INCLUDE DEFENDANT'S NAME ON CE RTIFI ED C HEC K OR M ONEY

ORDER
S. ENCLOSE THIS COUPON TO INSURE PROPER AND PROMPT APPLICATION
OF PAYMENT
6 . PROVIDE PROOF OF PAYMENT TO THE ABOVE-SIGNED AUSA WITHIN 30
DAYS OF THE GUILTY PLEA

11

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Exhibit 1
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DNISION

UNITED STATES OF AMERICA

CRIMINAL ACTIO N
V.

NO.
GREGG JUNNIER

STATEMENT OF FACTS
The defendant admits that the Government could prove the following facts if the case
proceeded to trial :

Background
From in or about September 1988 until December 2006, when he resigned,
defendant GREGG JUNNT'iER was employed as a police officer with the Atlanta
Police Department ("A-PD") .
2 . At all relevant times, from about October 1998 through about December 2006,
JUNNTER worked in the narcotics unit of APD .
3 . While working as a narcotics officer, JUNNIER and other officers would make
false statements, in the form of sworn affidavits, to state magistrate judges in
order to procure search warrants for residences and other locations, where
JUNNIE R and the other officers believed illegal drugs would be found .
4 . To procure lawful search warrants from state magistrate judges, APD narcotics
officers often present information concerning drug purchases that have been made
by confidential, reliable informants ("CRT"s) . APD keeps a record of informants
who have provided useful information often enough that they can be certified as
"reliable ."
APD narcotics officers typically represent to state magistrate judges that certain
procedures have been followed in the use of CRIs so as to support a finding of
probable cause to believe that a crime has been committed and that illegal drugs
and other evidence will be found in the location to be searched . Specifically, in
the case of a drug purchase by a CRI, APD narcotics officers usually represent
that : (a) the officer searched the CRI immediately prior to the CRT's making the
purchase to ensure that the CRI did not possess any drugs beforehand ; (b) the

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officer personally observed the CRC make, or directed the CRY to make, the
purchase at the location ; and (c) the CRI provided the officer with the purchased
drugs immediately following the transaction and was searched again to ensure that
the CRI was not keeping any drugs .
6 . In some but not all cases, in an effort to procure search warrants, defendant
JUNNIER, along with other officers, would make false statements of the
following types : (a) false statements about purchases of drugs by CRIB that, in
fact, never took place ; (b) false statements representing that information was
provided by CPIs when, in fact, the information was provided by non-certified,
unreliable informants -- sometimes after officers threatened to attribute, falsely,
illegal drugs to such informants ; (c) false statements representing that they had
personally observed a purchase by a CItI when, in fact, they had not observed the
events described in the submitted affidavit ; (d) false statements representinb that
CRIB were searched before and after drug purchases when, in fact, the CRis were
not searched ; (e) false statements overstating the cost of drugs purchased by CRIB ;
and ( f) false statements representing that the occupants of the residence had
surveillance cameras, were armed with firearms, or were dangerous in other ways
in order to obtain "no-knock" warrants .
7 . In addition to false statements made to procure search warrants, defendant
JLTNNIER and other officers would also generate false documentation such as
payment vouchers for CRIB which would (a) reflect drug purchases that never
occurred ; (b) indicate payment to CRTs for work they had not performed ; or (c)
indicate that CRIs purchased more drugs, than they in fact purchased .
8.

Once a search warrant was unlawfully procured through such false statements,
defendant SUNNIER and other officers would execute the warrant. That is, the
defendant and others would enter the location armed, and would detain,
sometimes by force or physical restraint, any occupants . The officers would then
search the residence . If drugs were found, the occupants would be arrested and
charged with drug possession and/or distribution .

9.

If defendant SUNNIER or other officers uncovered any contraband, such as illegal

drugs, in the course of executing an unlawful search warrant, they would seize the
contraband and submit it to the APD Property Management department, where the
contraband would be maintained to be used as evidence in possible criminal

prosecutions .
10 . If ever asked about a search executed under a fraudulently procured warrant,
.iUNNIER and other officers would make statements consistent with whatever
false statements were given to procure the warrant in the first place .

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11 .

JUNNIER and other officers falsified affidavits for search warrants to be

considered productive officers and to meet APD's performance targets . They
believed that these ends justified their illegal "fluffing" or falsifying of search
warrant affidavits.

12 . Because they obtained search warrants based on unreliable and false information,
JUNNIER and other officers had on occasion searched residences where there
were no drugs and the occupants were not drug dealers .
The Killingof Kat n Johnston on November 21, 2006
13 . On November 21, 2006, defendant 1UNNIER, along with JASON R . S MITH and
Co-conspirator A, two fellow APD narcotics officers, committed and caused to be
committed the following overt acts, among others, in Fulton County, which is in the
Northern District of Georgia :
14 . At about 2 :00 p.m ., JLJNNIER, SMITH, and Co-conspirator A drove in a marked
patrol car to a set of apartments located at 350 Lamer Street, a "hot spot" where they
had recovered illegal drugs in the past . JUNNIER and Co-conspirator A entered the
apartments while SMITH checked the wooded area behind the apartments . SMITH
recovered three plastic sandwich bags in the wooded area ; each sandwich bag
contained smaller baggies, and each baggie contained marijuana . One bag contained
approximately forty to fifty blue baggier ; the second contained several baggier of
various colors ; and the third contained several clear baggies . SMITH placed all three
sandwich bags in the trunk of the patrol car .
15 . At about 3 ;30 p .m ., SMITH received a phone call fromm a Confidential Reliable
Informant ("Informant i") advising that there was a man in a gold-colored jacket
selling drugs in front of a store located on Simpson Road, JUNN IER, SMITH and
Co-conspirator Aproceeded to Simpson Road in the patrol car . Upon arrival, they
saw a man ("X" ) in a gold-colored jacket . Upon seeing the patrol car, X appeared to
put something in his mouth . Co-conspirator A leapt from the car and grabbed X by
the throat . In doing so, X's face struck against a fence, bloodying it .
16 .

Co-conspirator A placed X in the patrol car . JUNNIER called for "K-9" officers with
a drug-sniffing dog . SMITH planted under a nearby rock some of the marijuana
found at 350 Lanier Street . When two K-9 officers arrived, they found that marijuana
under a rock . Later, the K-9 officers found another plastic bag containing ten yellow
boggles of marijuana and at least two haggles of crack cocaine . SMITH gathered
both plastic bags and returned to the car .

17 . After the officers told X that he would be charged for the recovered drugs, he told
them that he could direct them to a house where he had observed illegal drugs --

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specifically, a kilogram of cocaine -- earlier that day. Although X did not state the
address, he had the officers drive him to the house, and pointed out the residence
located at 933 Neal Street . X claimed that he bought crack cocaine in that house
from a black male named "Sam," for whom he provided a physical description .

18 . Without having a CRt make a purchase of drugs at 933 Neal Street, which would
have confirmed that drugs were to be found at that location, and without checking
any property records or engaging in any other investigation to verify the identity of
any occupants of that house or otherwise try to corroborate what X had told them,
NNIVIER, SMITH and Co-conspirator A instead sought to procure a search warrant
from a state magistrate without a purchase's having been made .
19 . Before the three officers drove to the Fulton County Jail, where an affidavit in
support of a warrant could be submitted to a state magistrate, JUMVIER telephoned
a CFI, "Informant 2," at about 5 :05 p .m . However, JUNNIER did not instruct
informant 2 to proceed to 933 Neal Street . SUNNIER elephoned Informant 2 to find
out whether he was available to make a drug purchase, but Informant 2 advised that
he did not have transportation . The officers had made false attributions of drug
purchases to Informant 2 in the past .

20. Once the three officers and X arrived at the Fulton County Jail, the officers did not
book X into the jail, but instead kept him in the patrol car because they intended to
release X if they found drugs at 933 Neal Street, making no record of X's arrest .
21 . SMITH went inside the Jail and drafted an affidavit in support of a search warrant far
the residence located at 933 Neal Street . SMITH included in that affidavit several
material false statements, including : (a) that he and Co-conspirator A directed a CR7
to the residence at 933 Neal Street, Atlanta, Georgia, for the purpose ofbuying illegal
drugs ; (b) that the CRI was searched to ensure that he did not have any drugs on his
person before proceeding to the residence ; (c) that the CRI was provided with $50
in APD funds to purchase drugs ; (d) that the CRT went to the residence and was met
there by an individual on the front porch who identified himself as "Sam" ; (e) that
"Sam" briefly went in the house, then returned with an object and gave the CRI the
object in exchange for the money ; (f) that the CRI immediately returned to SMITH
and handed SMITH two bags of crack cocaine ; (g) that the CRI was searched again ;
(h) that the CRI told SMITH that he bought the crack cocaine from a black male
called "Sam" for $50 ; (1) that the CRi gave a physical description of "Sam" ; and (y )
that a "no-knock" warrant should be issued because the CRI stated that "Sam"

possessed electronic surveillance equipment in the house, which "Sam" carefully

monitored.
22 . SMITH presented the aforementioned false affidavit to a magistrate and falsely swore
to the truth of the statements contained in the affidavit . Based upon this false

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information, the magistrate issued a "no-knock"search warrant for 933 Neat Street
at 5 :53 p .m ., which authorized the narcotics officers to enter the residence by force
and with no prior identification of themselves as law enforcement officers . Had the
magistrate been advised of the falsity of the affidavit, the search warrant would not
have been issued .

23 .

After the search warrant was procured, Informant 2 called SUNNIER at about 6 :00
p.m. to inquire as to whether hewas still needed to make a purchase . J-UNWR told
Informant 2 not to worry about it -- that he was not needed .

24 . JUNNIER, SMITH and Co-conspirator A were then joined by other APD narcotics
officers at a staging area . At this time, the officers still had X in their custody .
SMITH gave a briefing to the other officers in which he recounted the false
statements that were contained in his affidavit as if they were true . JUN NIEIt and
Co-conspirator A were present for this briefing . JUNNIER and Co-conspirator A
were aware that the substance of SMITH's briefing was false, but they did not
express that fact to any of the other officers .
25 .

At approximately 6 :40 p .m., JUNNIER, SMITH and Co-conspirator A, along with

other APD officers, executed the search warrant, in violation of the Fourth
Amendment to the U .S . Constitution and JUNNIER and his co-conspirators' oath of
office as APD officers . The officers were all armed with service weapons .
JUNNIER, SMITH and other officers approached the front door of the residence .
Co-conspirator A was stationed at the back door of the residence . SMITH and
another officer were responsible for breaching the front door . They first had to pry
metal burglar bars off a screen door, which took more than a minute . As they
rammed open the wooden front door, Kathryn Johnston, an elderly woman and the
lone resident of 933 Neal Street, fired a single shot from a .38-caliber revolver
through the front door . The shot fired by Ms . Johnston did not injure any of the
officers . RUNNIER, SMITH, and four other officers returned fire, with the initial
shots going through the wooden front door as it opened . Five or six shots struck Ms .
Johnston . One shot hit her in the chest and was fatal .

26 . According to ballistics evidence, approximately 39 shots were fired by the six

officers . Ballistics and other forensic analysis are unable to establish which of the
six officers fired the fatal shot, or the four or five other shots that struck Ms .
Johnston . Three officers, including JUNNIER, were injured by shots (or resultant
shrapnel and debris) fired by the other officers, but all three officers were released
from the hospital by the next morning .

The Attempted Cover-up

27 . After the shooting of Kathryn Johnston, officers initially searched the house, and

Case 1:08-cv-00007-MHS Document 112-4 Filed 12/16/09 Page 17 of 27

SMITH handcuffed Ms . Johnston . The officers found no other occupants and no

drugs .
28. SMITH then planted three baggies of marijuana in the basement of the house at 933
Neal Street . Other than the drugs that were planted by SMITH, no illegal drugs were
found at 933 Neal Street .
29 . Later that same evening, SMITH called Informant 2, the same CRl whom JUNNIER
had telephoned before procuring the warrant, and instructed Informant 2 to pretend
that the three officers had sent him earlier to purchase drugs at 933 Neal Street and
that he had purchased crack cocaine there . SMITH gave Informant 2 a description
of the house at 933 Neal Street, a description of "Sam," the alleged drug dealer
described in SMITH's false affidavit, and the details of the putative buy.
30 . On or about November 21, 2006, Co-conspirator A drafted and filed an APD Incident
Report which stated, falsely, that a purchase of crack cocaine had been made at 933
Neal Street that day .
31 . SMITH informed 1t1-1,,`NIER that he had told superior officers that JUNNIER and CoConspiratar A watched informant 2 make the controlled buy from the patrol car .
.tl.ll*INIER told SMITH I not to use those details and, instead, to say that SMITH and
Co-conspirator A watched the buy at 933 Neat Street from Informant 2's car .
32 . APD records reflect that on or about November 22, 2006, SMITH submitted two
bags containing crack cocaine to ADD Property Management, falsely indicating that
the drugs were bought by an informant at 933 Neal Street on November 21 .
33 . On or about November 22, 2006, lLTNN iER telephoned Informant 2 and told him
that he should not speak to another APD narcotics officer who worked with
Informant 2 .
34 . On or about November 22, 2006, ,IL7NNFER, SMITH, and Co-conspirator A, before
meeting with APD Homicide detectives, met to fabricate a story that would explain
the events leading up to the shooting of Kathryn Johnston at 933 Neal Street .
SMITH and Co-conspirator A agreed that, if asked, they would claim that the
following falsities, among others, were true : (a) they, SMITH and Co-conspirator A,
along with JLFNNTER, met with Informant 2 on November 21, 2006, at an abandoned
car wash for the purposes of arranging a controlled purchase of drugs ; (b) SMITH
and Co-conspirator A rode with Informant 2 in Informant 2's car from the car wash
to 933 Neat Street ; and (c) SMITH and Co-conspirator A observed Informant 2
approach the house at 933 Neal Street, and then return with two pieces of crack
cocaine .

Case 1:08-cv-00007-MHS Document 112-4 Filed 12/16/09 Page 18 of 27

35 . On November 22, 2006, SMITH gave a statement to APD Homicide detectives that
contained several false statements, including : (a) that, after a suspect identified 933
Neal Street as a location where a kilogram of cocaine could b e found, SMITH
contacted a CRI and instructed the CRI to make a controlled purchase at that address ;
(b) that SMITH witnessed the CR! approach the house ; (c) that the CRI completed
the transaction and reported back to SMITH with two pieces of crack cocaine, which
had cost $50 in city funds ; (d) that SMITH debriefed the CRI, at which time the CRI
advised that the supplier had entered the house and returned a short time later with
the crack cocaine ; and (e) that the CRT provided a description of the supplier, which
matched the description given by the suspect .
36 . On November 22, 2006, Co-conspirator A gave a statement to APD Homicide
detectives that only addressed the shooting at 933 Neal Street, but not the
procurement of the warrant .
37 . On November 22, 2006, JUNNIER gave a statement to A .PD Homicide detectives
that contained several false statements, including : (a) that, after a suspect had
identified 933 Neal Street as a house where a kilogram of cocaine could be found,
3U-NNIER contacted a CRI and set up a meeting to make a controlled purchase at that
address ; (b) that SMITH and Co-conspirator A met with the CRI to complete the
transaction ; and (c) that the transaction was completed .
38 . On or about November 23, 2006, SMITH met Informant 2 and paid him $30 .00 in
APD funds . SMITH filled out an APD payment voucher as a record of the payment,
in order to create the false impression that Informant 2 was being paid for a purchase
of drugs at 933 Neal Street on November 21 -- a purchase which had not occurred,
On that same date, SMITH took Informant 2 to a store at which JUNNIER worked
apart-time job so that the store owner could pay Informant 2 on .FLJNNIER's behalf .
SMITH took Informant 2 to the store and Informant 2 received $100 from the store

owner, to encourage Informant 2 to go along with the false story .

39 . On several occasions after the shooting, JC)NNIER, SMITH and Co-conspirator A
met at various locations to discuss and perfect the cover story and agreed that each
ofthem would make false statements when they were questioned bylaw enforcement
officials in order to conceal their criminal conduct . JUNNIER, SMITH and Coconspirator A also obtained and reviewed their own cell phone records of calls to
Informant 2 in order to try to make their story conform with those records .
40 . When questioned by federal agents in a proffer session on December 11, 2006,
defendant .SUNNIER admitted his role in the conspiracy rather than giving a false
statement pursuant to the cover story he had created with SMITH and Co-conspirator
A.

Case 1:08-cv-00007-MHS Document 112-4 Filed 12/16/09 Page 19 of 27

Exhibit 2

G UILTY P LEA and PLEA AG REEMEN T

pish tcl Anomry
F u 3lon County, G earpia

SUPERIOR COURT
FULTON COUNTY, GEORGIA
INDICTMENT NO.
GREGG JUNNIER, defendant, having received a copy of the above-numbered criminal
indictment hereby pleads GUILTY to the reduced charge of voluntary manslaughter on
count one of the indictment, alleging felony murder for the shooting death of Kathryn
Johnston, as well as violation of oath by public officer : (count four), criminal solicitation
(count five) and false statements (count nine) of said indictment . The defendant, his
counsel, and the Fulton County District Attorney (referred to herein as "the State"), subject
to approval by the Court, have agreed upon a negotiated plea in this case, the terms of
which are as follows :

DEFENDANT'S ADMISSION OF GUILT

1, The defendant admits that he is pleading guilty because he is in fact guilty of the
reduced charge of voluntary manslaughter as to count one, violation of oath by public
officer (count four), criminal solicitation (count five) and false statements (count nine) of
said indictment . For the purposes of this plea, the defendant agrees that, if this case were
to go to trial, the State could prove the factual basis set forth in Exhibit 1, attached hereto
and incorporated herein by reference .

FEDERAL GUILTY PLEA AND PLEA AGREEMENT

2 . After entry of his guilty plea before this Court, the defendant Will enter a guilty plea in
the United States District Court for the Northern District-of Georgia, pursuant to the terms
set forth in the Federal Plea Agreement, entered into with the United States Attorney's
Office for the Northern District of Georgia and the Civil Rights Division of the United States
Department of Justice (collectively, the "Government"), attached hereto as Exhibit 2 .

Case 1:08-cv-00007-MHS Document 112-4 Filed 12/16/09 Page 20 of 27

TRIAL RIGHTS
3 . The defendant understands that by pleading guilty, he is giving up the right to plead
not guilty and the right to be tried by a jury . At a trial, the defendant would have the right to
an attorney, and if the defendant could not afford an attorney, the Court would appoint one
to represent the defendant . During the trial, the defendant would be presumed innocent
and the State would have the burden of proving him guilty beyond a reasonable doubt .
The defendant would have the right to confront and cross-examine the witnesses against
him . If the defendant wished, he could testify on his own behalf and present evidence in
his defense, and he could subpoena witnesses to testify on his behalf . If, however, the
defendant did not wish to testify, that fact could not be used against him . If the defendant
were found guilty after a trial, he would have the right to appeal the conviction . The
defendant understands that by pleading guilty, he is giving up all of these rights and there
will not be a trial of any kind . The defendant also understands that he ordinarily would
have the right to appeal his sentence and, under some circumstances, to attack the
sentence in post-conviction proceedings . Finally, the defendant understands that, to plead
guilty, he may have to answer questions posed to him by the Court concerning the rights
that he is giving up and the facts of this case, and the defendant's answers, if untruthful,
may later be used against him in a prosecution for perjury or false statements . The
defendant understands that if he is not a United States citizen, his immigration status may
be affected by his plea . The defendant also understands that he has four (4) years from
the date of the plea to file any habeas petitions . Additionally, the defendant understands
that if he receives any prison sentence in excess of twelve (12) years he may apply for
2

Case 1:08-cv-00007-MHS Document 112-4 Filed 12/16/09 Page 21 of 27

review of his sentence to Superior Courts Sentence Review Panel of Georgia .

NO ADDITIONAL CHARGES
4.

The Fulton Cou nty District Attorney 's Office agrees not to bring further crim inal

charges against the defendant reb ated to the charges to wh ich he is pleading gu ilty, except
that the State is free to prosecute the defendant for any other past crim i nal conduct that (1)
the defendant did not disclose to the State prior to the filing of this Plea Agreement with the
Court and (2) resulted in death, permanent or life-threatening bodily injury, or serious bodily
injury of any person . The defendant understands that this provision does not bar

prosecution by any other federal, state or local jurisdiction, except as provided in Exhibit 2 .

BOND
5.

Upon entry of his gu i lty plea, the State agrees to recommend that defendant be

released on a $50 , 000 bond (wh ich may be posted in property) with appropriate condit ions ,
pend ing se ntencing . The State w i ll provide u pdat e s to the Court every six months

concerning the status of the defendant 's cooperation .

STATUTORY MAXIMUM PENALTIES
6. The defendant understands that, based on his plea of guilty, he will be subject to the
following max imum and mandatory m inimum penalties:
(a) Maximum terms of imprisonment :

Count One (Felony Murder) - Life

(reduced to Voluntary Manslaughter - 20 years)
Count Four (Violation of Oath by Public Officer) - 5 years
Count Five (Criminal Solicitation) - 3 years
Count Nine (False Statements) - 5 years ;
(b)

Mandatory minimum term of imprisonment on all counts : 1 year .

BINDING
7.

The defendant unders tands that neither pa rty to this agreement can o fficially or

Case 1:08-cv-00007-MHS Document 112-4 Filed 12/16/09 Page 22 of 27

legally bind the Superior Court . However, in the event that the Superior Court rejects any or
all of the provisions of this agreement, or refuses to adopt any recommendation made by
the State pursuant hereto, the State will recommend that the defendant be allowed to
withdraw his plea . Should the defendant be permitted to withdraw his plea due to the
Court's rejection of any or all provisions of this plea agreement, the parties agree that this
case will be controlled solely by the terms of the Federal Plea Agreement . If neither Court
accepts the terms of the plea agreements, the provisions of Paragraph 11 shall apply .

COOPERATION
8.

The defendant agrees to cooperate truthfully and completely with the State ,

including being debriefed in any forum and providing truthful testimony at any proceeding
resu lting from or related to his cooperat ion . This testimony may include , but is not limited
to, testifying before the Grand Jury , any subsequent trials in Superior Court , criminal
depos itions (if any) and in any proceeding in which the defendant has been subpoenaed b y the State to test ify. The defendant and his attorney agree that the defendant will make
himself available for subpoena service . The defendant also agrees to disclose the
existence of and to produce to the State any a nd all books , papers , documents, and other
items of evidentiary value that are in his actual or constructive possession . The defendant
understands that the State and the Government alone will determine what forms of
cooperation to request from the defendant , and the defendant agrees that he will not
engage in any investigation or other cooperation that is not specifically authorized by the
State or Government .

Case 1:08-cv-00007-MHS Document 112-4 Filed 12/16/09 Page 23 of 27

9 . The State agrees that any self-incriminating information that was previously
unknown to the State and is provided to the State by the defendant in connection with his
cooperation and as a result of this Plea Agreement will not be used in determining the
State's sentencing recommendation, although such information may be disclosed to the
Court . The State also agrees not to bring additional charges against the defendant based
on any information provided by the defendant in connection with his cooperation that was
not known to the State prior to the cooperation ; with the exception of charges based on
criminal conduct that resulted in death, permanent or life-threatening bodily injury, or
serious bodily injury to any person . However, if the State determines that the defendant
has not been completely truthful and candid in his cooperation with the State, he may be
subject to prosecution for perjury, false statements, and any other appropriate charge, and
all information he has provided may be used against him in such a prosecution .

10 .

The State agrees to make the extent of the defendant 's cooperation known to the

Court at sentencing and to recommend that the Court consider the nature and extent of the
defendant's cooperation in determining the appropriate sentence to be imposed . If the
defendant fails to cooperate fully and truthfully , or if the defendant engages in additional
criminal conduct or other conduct inconsistent w ith cooperation , he will not be entitled to
any consideration whatsoever pursuant to this paragraph .

STATE'S SENTENCING RECOMMENDATION

11 . The State agrees to recommend that this Court defer the imposition of sentence
until after the United States District Court has entered judgment and imposed its sentence
and after the trials of any and all co-defendants in this matter . The defendant agrees to be
sentenced by the Superior Court at that time . The parties agree that the Government's
recommendations as to the defendant's federal sentence will be determined by the terms
set forth in Exhibit 2 . The State agrees further to recommend that the Superior Court
sentence the defendant to a prison term equal to, and to run concurrent with, the sentence
imposed by the United States District Court pursuant to the federal sentencing guidelines .
In the event that the defendant's federal plea agreement is not accepted by the United

Case 1:08-cv-00007-MHS Document 112-4 Filed 12/16/09 Page 24 of 27

States District Court, and therefore no sentence is imposed by that court, the State agrees
to recommend the same prison sentence recommended by the Government pursuant to
the Federal Plea Agreement . In the event that neither the Fulton Superior Court or the
Northern District of Georgia accept the negotiated plea, as contemplated by this
agreement, the defendant understands that the State of Georgia will still have an active
and pursuable indictment against him and may fully pursue the indictment in accordance
with all applicable federal and state constitutional requirements and provisions .

12 . If either Court determines that the defendant has not cooperated fully and truthfully,
the State may recommend a sentence up to 20 years in prison, notwithstanding any other

provision of this agreement .

VIOLATION 01: PLEA AGREEEMENT

13 . If the defendant fails in any way to fulfill each one of his obligations under this plea
agreement, including his obligation to cooperate fully and truthfully, the State may elect to
be released from its commitments under this plea agreement and may chose to proceed
with the defendant's plea of guilty and may recommend a sentence up to and including 20
years imprisonment . In the alternative, the State may elect to void this plea agreement,
and the State may then prosecute the defendant under the original indictment for any and
all State crimes that he has committed related to this case, and may recommend to the
Court any sentence valid under Georgia law without regard to any statutes of limitations,
The defendant expressly waives any statute of limitations defense and any constitutional or
statutory speedy trial defense to such a prosecution, except to the extent that such a
defense exists as of the date he signs this plea agreement . In addition, the defendant
agrees that, in a prosecution resulting from a violation of this agreement, all admissions
and other information he has provided at any time, including all statements he has made
and all evidence he has produced during proffers, interviews, testimony, and otherwise,
may be used against him, regardless of any cortstitutionai provision, statute, rule or
agreement to the contrary . The defendant understands that his violation of the terms of this
plea agreement would not entitle him to withdraw his guilty plea in this case .
6

Case 1:08-cv-00007-MHS Document 112-4 Filed 12/16/09 Page 25 of 27

NO OTHER AGREEEMENTS
14.

The parties acknowledge that there are no other agreements , promises ,

representations , or unde rstandings between the defendant and the State .

In O en Court thist d~l y o f Ap ri l , 20 0 7 .

SHUKURA L
. INGRAM Senior Assistant District Attorney

Defendant

C
BAND

PAUL L. HOWARD , JR .

Fulton County District Attorney

Case 1:08-cv-00007-MHS Document 112-4 Filed 12/16/09 Page 26 of 27

DATE
have read the Criminal Indictment against me and have discussed it with my
attorney . I understand the charges and the elements of each charge that the State would
have to prove to convict me at a trial . I have read the foregoing Plea Agreement and have
carefully reviewed every part of it with my attorney . I understand the terms and conditions
contained in the Plea Agreement, and I voluntarily agree to them . I also have discussed
with my attorney the rights I may have to appeal or challenge my sentence, and
understand that the appeal waiver contained in the Plea Agreement will prevent me, with
the narrow exceptions stated, from appealing my sentence or challenging my sentence in
any post-conviction proceeding . No one has threatened or forced me to plead guilty, and
no promises or inducements have been made to me other than those discussed in the Plea
Agreement . The discussions between my attorney and the State toward reaching a
negotiated plea in this case took place with my permission . I am fully satisfied with the
representation provided to me by my attorney in this case .

SIG NATURE (

ant)

DATE

1114-

am GREGG JUNNIER's lawyer . !have carefully reviewed the charges and the Plea
Agreement with my client . To my knowledge , my client i s mak ing an informed and
voiun tapj-dpcision to plead gu i lty and to enter i nto the Plea Agreement .

vi

*-

SIGNATURE (Defe e Attorney) DATE Apj

.l

INFORMATION BELOW MUST BE TYPED OR PRINTED

RAND CSEHY

GREGG JUNNlER

NAME (Attorney for Defendant)

NAME (Defendant)

STREET

s TREE

Case 1:08-cv-00007-MHS Document 112-4 Filed 12/16/09 Page 27 of 27

,*?
CITY & STATE
PHONE

36'3,/1r
ZIP CODE
NUMBER

CITY & STATE ZIP CODE

~

PHONE

STATE BAR OF GEORGIA NUMBER

P,

Filed in Open Court

By

NUMBER