Wrongfully-raided victim: 'They said they'd blow my head off'
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SPANAWAY, Wash. -- Pierce County deputies thought they were storming a house full of drug dealers and gang members.
Instead, they terrified an elderly woman and her daughter, who suffers from multiple sclerosis. Now, the county faces a lawsuit.
The sheriff's office says the SWAT team made a mistake a year and a half ago when the team raided the home of 78-year-old Marlene Stivers.
Stivers says she jolted up in bed when someone smashed her window.
"In the morning -- bang! -- glass goes out. It's all over me, all over the floor," she said. "And (there was) a bright, bright light shining in my eyes."
Then she saw rifles pointed straight at her head.
"Yes, they said they'd blow my head off if I moved," she said.
Stivers' adult daughter, who is bedridden with multiple sclerosis, screamed from the other room: "What's happening?"
That's when the deputies realized they made a big mistake, according to Stivers, who has filed a lawsuit against the county claiming emotional distress.
"I'm terrified every night (thinking) they're going to come back and do it all over again," she said. Aside from a 20-year-old traffic ticket, Stivers says she's never been in trouble with the law.
It turns out the SWAT team meant to raid the home next door to Stivers' in search of guns and gang members.
In response, the Pierce County Sheriff's Department says deputies never went inside Stivers's home, and only one deputy went up to her window. The department apologized and said it would pay for the damage to her home.
"Well, they gave me $600-some, the SWAT team did," Stivers said.
And when it comes to raiding the wrong house, sheriff's spokesman Ed Troyer said, "The right house was targeted, but one deputy made a mistake himself and it was dark."
But that's of little consolation to Stivers.
"I've just been so upset," she said. "(I am dealing with) my high blood pressure, and I can't do what I used to do because I'm so worked up from everything. I'm so scared they're going to come back again."
Stivers would not specify the exact amount she is seeking in damages, but said it is near $50,000.
Instead, they terrified an elderly woman and her daughter, who suffers from multiple sclerosis. Now, the county faces a lawsuit.
The sheriff's office says the SWAT team made a mistake a year and a half ago when the team raided the home of 78-year-old Marlene Stivers.
Stivers says she jolted up in bed when someone smashed her window.
"In the morning -- bang! -- glass goes out. It's all over me, all over the floor," she said. "And (there was) a bright, bright light shining in my eyes."
Then she saw rifles pointed straight at her head.
"Yes, they said they'd blow my head off if I moved," she said.
Stivers' adult daughter, who is bedridden with multiple sclerosis, screamed from the other room: "What's happening?"
That's when the deputies realized they made a big mistake, according to Stivers, who has filed a lawsuit against the county claiming emotional distress.
"I'm terrified every night (thinking) they're going to come back and do it all over again," she said. Aside from a 20-year-old traffic ticket, Stivers says she's never been in trouble with the law.
It turns out the SWAT team meant to raid the home next door to Stivers' in search of guns and gang members.
In response, the Pierce County Sheriff's Department says deputies never went inside Stivers's home, and only one deputy went up to her window. The department apologized and said it would pay for the damage to her home.
"Well, they gave me $600-some, the SWAT team did," Stivers said.
And when it comes to raiding the wrong house, sheriff's spokesman Ed Troyer said, "The right house was targeted, but one deputy made a mistake himself and it was dark."
But that's of little consolation to Stivers.
"I've just been so upset," she said. "(I am dealing with) my high blood pressure, and I can't do what I used to do because I'm so worked up from everything. I'm so scared they're going to come back again."
Stivers would not specify the exact amount she is seeking in damages, but said it is near $50,000.
They better never assault my house.
"Why didn't you guys shoot her truck up?" - LAPD
The story say the wrong house was targeted and it should have been the one next door, then Troyer goes on to say the right house was targeted but blames a deputy. Can't have it both ways.
Ok this was a situation of human error. The police paid to fix the window they broke. What more do they need to do? To many people are trying to sue this person or that person for perceived issues. This lady had high blood pressure before the mistake⦠its not the police or anyone elseâs responsibility to pay for her treatments other than herself and her insurance. Having nightmares is not worth 50K or anything. Sometimes life sucks and mistakes get made and happen. Get over it!
Thatâs not to say the police department does not need to be more careful before they go bursting into a house. One would think it would not be terribly difficult to do a small amount of recon in an unmarked car before the swat team arrives to make sure they have the right house.
@DreamTravler  The police did not just "do their job". They did not "do their job" and two innocent women were terrified when the police pointed guns at them and threatened to blow their heads off. The county and the individual police officers should have to pay millions for this stupid, negligent and actionable fiasco.
@Donacita @DreamTravlerDonacita, you're wasting your time. Don't listen to DreamTraveler. He acts as if this is as simple as a burger flipper at McDonald's forgetting to put lettuce on a burger.
Newsflash, when doctors, lawyers or other professionals whose jobs have dire consequences screw up, then dire consequences ensue with those professionals.Â
Cops hold citizens' life and death in their hands. They should be held to the highest standard. If one of us accidentally busted someone's window, shoved a gun in their face screamed "don't move or I'll blow your head off" I'm sure there would be more consequences for us than $600 and an apology.
You have no idea how this will affect that lady, and she shouldn't have to justify how this has affected her to people like you. The cops should all be fired and the county sued for everything it has. And no-knock warrants should stop.Â
@DreamTravlerWhy don't you tell that to the soldiers who came home with PTSD?
@NW-Economist @DreamTravler
What do soldiers with PTSD have to do with this article? Secondly if a soldier ends up with PTSD itâs the governments job to make sure he/she gets the treatment they need. Even if police wrongfully raided one of their homes I would still say itâs only the police departments responsibility or fix anything physically broken.
@DreamTravler@Blindman@NW-Economist
"Have you never made a mistake in your job or in life" I have a different view point on this then you.Plenty of people work on critical systems, systems that when they fail people can and do die.When making a negligent mistake while working on one of these systems they are liable up to and including imprisonment.Prison in addition to not wanting to be responsible for someoneâs death I assure you is a strong motivator.If I were to relate this to my world, following a mistake I would have to show what steps, checks, and balances, were made to prevent the mistake.My coworkers and supervisors would have to do the same. If we could not show a reasonable system was in place to prevent mistakes, then have a darn good story as to how all those redundant systems failed, we go to jail.So when I hear excuses like it was dark or mistakes happen I can't relate.
@Blindman @NW-Economist
Umm they were doing their job. Have you never made a mistake in your job or in life? Now if raiding the incorrect house is happening multiple times by the same people or even organization I can see working to change that organization. However out of how many houses the swat team raids in a year or some other metric how many do they get wrong? We only ever hear about the ones that go bad. Not the others that go as planned.
They should do their best to make sure they have the right house, just like anyone should do their best to complete their job. However people are human and mistakes can happen. Work to fix the mistake then review if it was a onetime situation or if its more endemic and determine if other policies need to be changed because of that. This article does not indicate how often this happens.
@NW-Economist @DreamTravler Exactly. sue for more money or the culture will never change. Why are we paying these public servants so much money if they can't do their jobs?
@NW-Economist
I can understand soldiers claiming PTSD and some others depending on their occupation. However one instance with one individual regardless of age is a bit much. At a former job I have been robbed at gunpoint. It sucks⦠but you know what. You get over it and move on with life. My issue with this situation and lawsuit is because to many people want to blame others for their inability to cope and drag down the legal system with stupid lawsuits. This in my opinion qualifies as one. The police department paid for the damages to the window they broke in error. Nothing more needs to be done. I donât think this person missed work because they had to deal with the situation, if they did I can see seeking compensation for the wages lost that day but thatâs it.
@DreamTravler @NW-EconomistI know several soldiers who acquired PTSD by having enemies stick weapons in their faces and scream at them. It's very possible this little old lady will get PTSD because of this experience as well. The army pays for soldiers with PTSD because they are responsible for putting those soldiers into that situation.
The PCSO is responsible for putting this old lady into this situation and therefore your first comment that they aren't responsible isn't correct. You were right about one thing: having nightmares for the rest of your life isn't worth $50,000, it's not worth ANY amount of money. However, that said, this lady should have asked for a few million at least.Â
$600 and a we're sorry just don't cut it. They don't have to be accountable for there mistakes cause after all, the taxpayers will pay it. If the lawsuit also incuded the officers involved and the Police Guilds Union, then maybe a little more care will be taken before they raid the next home. I'm just glad she didn't have a barking dog, cause she probably would have lost it that night.
I frickn' hate it that law enforcement has become so militarized. They used to be a function of society, to protect and serve. Seems like now-a-days they're just trained to be storm troopers.
@marsneedswomenÂ
I remember a different day too. Back then, the bad guys didn't outgun the police. Society was respectful of the police during my earlier days.
@johnbe
Yep. Agree all the way. Things be different now-a-days.
NO Knocks need to be eliminated, they break into too many wrong houses, had this women moved her hand in a suspicious way, she would have been killed on the spot. This is so inappropriate it is pathetic.Â
@Dave Lancaster Yep. No knocks have always been unconstitutional. They're lucky this woman didn't die from a heart attack. The problem is that people aren't suing for enough. I would start at $100 million. Money is the only thing that talks in this country any more, so make the settlements big enough to force people to start doing their jobs or leave.
@Blindman
Neg. No-knock entrances have been upheld in multiple federal court cases. The only way to stop this is through congress. Your most important vote at the federal level is not for president, but for your representative or senator.
@Blindman @Dave Lancaster Criminal Charges for the units that hit the wrong house should also be done. Home Invasion or something of the sort. There IS no excuse for hitting the wrong house.Â
@PhunkyMunky @Blindman @Dave Lancaster I agree. But cops are not penalized for their screwups. Whoever was the lead officer in this should be fired. Obviously if he can't tell the address of a house he has no business leading officers into an illegal search.
So what are the police "raiding" in the first place? Legal gun owners? Where was their warrant? Do the police require one anymore? Would they have shot her if she tried to defend herself and her sick daughter? I understand why this administration is trying to disarm the public...they are defenseless against this police state. Then the King can rule unapposed.
"It was dark"? That's your excuse? Seriously?
There's not many lawsuits reported here that I think are reasonable, but this one sure is. I am so very sorry for what they went through. I don't know how you'd ever sleep comfortably again after going through that kind of trauma.
I would go for millions of dollars. That is complete BS. Also I would want some heads to roll.
Once again, Police are allowed to do what they want to whom they want without consequence. Hit the wrong house? How about Home Invasion charges? There's no excuse to storm into the wrong house. Especially with the no knock raids. I'll tell you this much, Armed men come storming in to my house, someone's getting shot, and I'll be the first to squeeze the trigger. I'm no criminal, so you'd better announce "POLICE" before my door comes crashing in. I likely won't shoot police if I know it's them beforehand, but no announcement? Someone's getting shot. I've a family to protect and don't have time to wait until I'm dead to find out "Oh, it was Police!" or that it was just thugs (well, that IS what Police are these days). No excuse to hit the wrong house....Â
@PhunkyMunkyEven with announcing they are police, we have criminals whose enterprise now is to fake being cops. No-knock warrants need to stop completely, and cops should be forced to put their badge numbers and their warrant up to the peephole while people get on the phone to 911 and verify the info.Â
@NW-Economist @PhunkyMunky Exactly! We have to prove ourselves to Them they need to return that "favor". I understand, a Criminal may/will run if they know Police are outside for them. But when does that make it OK to just bust into anyones house?Â
AND, people get arrested and jailed all the time for killing their OWN dogs, Police get nothing. And they'll shoot a PUPPY!Â
@NW-Economist @PhunkyMunky I've said it for many years, anybody busting in my front door at 3 am will be greeted as any other intruder, shouts of "Police!" meaning little.....I have no way to know if they are "official" state-endorsed thugs or the freelance kind trying to throw me off guard. Either way, someone busting down my door in the middle of the night is a threat to my safety and freedom and will be dealt with appropriately. I just really, really hope I never end up in the same position this lady did....no knock warrants are an affront to a free people, and we should not stand for them.
@PhunkyMunky I will do just the same!
Good thing they swarmed that residence and not a different "wrong residence" of one with a quick-drawing, responsible gun owner. If the police didn't first didn't communicate that they were a member of law enforcement, they could have received some un-invited gunfire in their face.
Guess they never heard of GPS?
There needs to be a big and successful lawsuit against a city to end these no-knock raids once and for all! Â Way too many innocent people have had their homes invaded and been terrorized--in some cases even shot--because of stupidity like this! Â The claim that police departments can't be sued for making an honest mistake in those situations does not hold water with me. Â It's pure ignorance and negligence, and nothing any private citizen could ever use as an excuse.
This is also just another reason to outlaw "no-knock" warrants in WA. Too many wrong addresses and innocent people shot by intruders who they think are burglars when they try to defend themselves.Â
Stick it to 'em lady... I"m all for it.
"And when it comes to raiding the wrong house, sheriff's spokesman Ed Troyer said, "The right house was targeted, but one deputy made a mistake himself and it was dark.""
This is the same guy who got the PCSO sued a ton of times for harassing lawful open carriers all over Pierce County. Keep up the Good work Troyer, I'm sure your lies to the press will just jack up the final settlement when it comes!
@NW-Economist Actually, Troyer is a decent, upstanding deputy and citizen.
Actually I had a lot of respect for him but this excuse and defense changed my mind.
@Surveyor1 @NW-EconomistReally? If he's such a great deputy then why did he say this publicly? http://www.youtube.com/watch?feature=player_detailpage&v=DL7gB-M61MI#t=114s
He acknowledges the PCSO violated that guy's rights but said it was "OK" and that everyone should expect it to happen again.
Great deputy isn't he?
Do you know how much Pierce County has to spend to settle lawsuits when PCSO screws up like that? How about we take it out of their salaries, or if you think it's such a great idea why don't YOU pay for it?Â
Ummm unless these guys ran in my house screaming they were police they would have had 16 rounds of .40 cal Smith and Wesson coming their way.... Im sure I wouldn't make it in that situation since I would think my house was getting robbed..... My family would be going for far more than 50k
"Stivers would not specify the exact amount she is seeking in damages, but said it is near $50,000."
I say tack an extra zero onto that amount, or at the very least double it.
@KOMO ViewerThese lawsuits are too frivolous. I would go for the price of the damage plus 20,000 for the fear and inconvenience. Suing is an important thing you shouldnt abuse too much.
@Andrew Pollow@KOMO ViewerLawsuits are typically limited to some form of measurable damage. Beyond that one can additionally go for punitive damages. Punitive damages are intended to deter or reform and have nothing to do with what the plaintiff may or may not deserve.The higher the sum of money the higher the deterrence.Under this premise you can see we are no longer taking into account what happened but what couldâve happened.I would be surprised if many houses could be raided in this manor without someone dying. This is a big deal, much bigger than McDonald's serving coffee thatâs too hot.But what it comes down to is how much does it take to change the system.1,000,000 was enough for McDonald's, is 20,000 enough to change the behavior at hand?
There have been way too many of these cases over the years - some much more tragic than this one. Apparently some police officers and detectives seem to have a very limited ability to learn from past mistakes of colleagues. Given that, I think maybe $50,000 is low-ball: it is perhaps time for punitive damages sufficient to make all police officers stand up and take notice. It's not the Wild, Wild West anymore!
How stupid of cops can you get?
yeah, it is dark at night usually.....probably a good idea to REALLY check that house #. derp.
You've heard of Barney FIFE....well, I'd like to introduce Barney SPANAWAY! He is here to protect you.....bahahaha!!! Hey Barney, next time please dont bust into Aunt B's house...sheesh!! Pay up!!
@ReallyRUSerious It is Spanaway.! Chicken coups in backyards and everything else that goes with it!
I live in Spanaway and you can KMA
Lawyers, Guns and Money....,