-Caveat Lector-

http://news.mysanantonio.com/story.cfm?xla=saen&xlb=180&xlc=873972

SAPD to probe storming of wrong house

By Jesse Bogan and Elaine Aradillas
Express-News Staff Writers

Web Posted : 11/22/2002 12:00 AM

San Antonio police, who continued to apologize Thursday for storming the wrong
Southwest Side duplex, said they'll meet next week to review the foul-up that sent an
innocent man to a hospital with minor injuries.


A police raid Wednesday night left a charred wall in the home of Marcos and Salvador
Huerta. The raid was on the wrong house.
Kin Man Hui/Express-News

Cousins Salvador Huerta (left) and Marcos Huerta said they were injured when police
stormed into their house Wednesday night by mistake. The two were recovering Thursday
at home.
Officials said SWAT team members apparently were confused in the darkness Wednesday
night by the cluster of look-alike dwellings in the 5900 block of Fairshire Road, even 
though
officers spent two days watching a duplex there in an effort to serve a warrant on a 
man
they suspected of dealing drugs.

"Everything was done by procedure," Deputy Police Chief Rudy Gonzales said of the SWAT
unit that won state honors the past two years. "It was just an honest mistake made by
SWAT officers at the location."

He said that if any recommendations resulted from his review, they would be forwarded 
to
Chief Albert Ortiz.

The officers who mistakenly crashed through a rear sliding glass door will remain on 
duty
while the incident is reviewed, he said.

Ortiz couldn't be reached for comment.

Mayor Ed Garza said Thursday that he hadn't spoken with Ortiz about the mix-up, but 
that
he had asked for a full report.

"I am not ready to make any comments until I've seen the official report," he said.

It began about 8 p.m. Wednesday when a team of SWAT officers stormed through a glass
door at a home on Fairshire Road without warning, said the three cousins who live 
there.

The cousins said officers shot out the door with soft bullets and threw in a concussion
grenade that left a hole and a black scar on the wall.

The men, who work at a Mexican restaurant, said they were watching television when the
officers stomped in, flinging punches, kicks and profanities. The cousins said they 
thought
they were being robbed.

Marcos Huerta, 19, was taken to a hospital where doctors stitched a wound above a puffy
eye. Salvador Huerta, 20, was left with a chipped front tooth and a bruised face. Both 
said
they fell to the floor without resistance and covered their heads as officers hit them 
at least
20 times.

The third cousin, Vicente Huerta, 17, fled out the front door and was not harmed. An 
uncle,
Jose Luis Alvarez, 40, said his nephews planned to contact an attorney.

"I think they should have investigated before they came in," he said in Spanish. "With
pleasure, people are welcome to the house. Just knock on the door."

Not until after the Huerta cousins were handcuffed and sat down on the sofa did police
realize that they had goofed.

Gonzales said the confusion occurred because in the dark alley, the duplexes all 
looked the
same. He said SWAT officers were told to enter from the alley and to look for a red 
car in
the rear driveway.

"The SWAT officer saw the red car and thought that was the residence where the warrant
was to be served," Gonzales said.

Later, after the scuffle, Officer Darron Lyn Phillips and other officers went to the 
correct
address two doors down, knocked on the door and arrested the suspect without incident.

When asked why officers hadn't knocked in the first place, Gonzales said police 
thought the
suspect inside the house might have a gun tucked inside his waistband.

He said the element of surprise dissipated after people heard the commotion and began
filling the street.

Police arrested Richard Anguiano, 21, of the 200 block of Refugio. He was charged with
possession of cocaine with intent to deliver and possession of marijuana. He was being 
held
in Bexar County Jail in lieu of posting $52,000 bond.

Inside the second duplex on Fairshire Road, police said they found 86 grams of 
marijuana,
40 grams of cocaine, drug paraphernalia, and several rounds of ammunition.

No weapons were found.

Will Harrell, executive director of the American Civil Liberties Union of Texas, said 
mistakes
like this one are not uncommon. He said they are generally the result of an increased
militarization by police.

"For the past decade or more, we've seen a shift from the notion of community- oriented
police models to a militarized model, where the police operate with a siege 
mentality," he
said.

[EMAIL PROTECTED]

News Researcher Julie Domel contributed to this report.

11/22/2002

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