Tuesday, 10 January 2017

Man says he was assaulted after GPD executed search warrant on wrong house

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Johnny Quintanilla is suing GPD for using excessive force on him, allegedly beating him and causing "serious bodily injury." The warrant they obtained was for a different house.

Guam - A man is suing the Guam Police Department for allegedly breaking into his home and assaulting him all because they executed a search warrant on the wrong house.

It happened back in March of 2013. Police officers were executing a search warrant in the Fern Terrace neighborhood of Dededo. Initially, according to a complaint filed in Superior Court, the Guam Police Department did everything right. They sought and obtained a search warrant for the arrest and/or search of a particular residence.

 

But according to Johnny Quintanilla, who at the time lived in Galayan Drive in Dededo, the police officers executed the search warrant on the wrong house—his house.

“The residence entered by the police officers was Plaintiff’s … and not the address stated on the warrant and/or for which the warrant gave legal entry to,” Quintanilla’s complaint states.

During the apparently mistaken search, Quintanilla says police officers used excessive force. First, he says, they failed to knock, catching him by surprise. Then, Quintanilla says in court papers, the officers kicked, hit and subdued him and then confined him to a restricted area. Officers placed Quintanilla in handcuffs and, according to the complaint, even used flash bang grenades.

Quintanilla is suing the department for an unspecified amount of damages also for negligence, pointing out that this grave mistake was the result of “negligently failing to adequately train and supervise its police officers in the application and execution of warrants and in the use of force,” as well as “permitting individuals not adequately trained and supervised to accompany police officers in the execution of warrants.”

Court papers describe the attack saying, “the police officers, without provocation and/or without legal justification, intentionally and with knowledge struck, beat, grabbed and manhandled Plaintiff and/or used physical force which was not reasonable and/or necessary in order to subdue the Plaintiff.”

Because of GPD’s alleged negligence and unnecessary use of excessive force, Quintanilla says he suffered serious bodily injury, mental and emotional injuries, loss of enjoyment of life, lost wages and employment benefits, inconvenience and medical expenses.

According to Quintanilla, he filed a claim against GovGuam in 2014 but was denied about six months later.

 

GPD has not yet filed a response to the complaint in Superior Court. 

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