Current Events > SWAT team destroys woman's home, city won't pay damages

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Antifar
03/09/21 4:49:12 PM
#1:


What's a home worth?

It's a tough question, and it's one that Vicki Baker found herself trying to answer the hard way after a SWAT team mutilated her house in McKinney, Texas, during a standoff with a fugitive who had barricaded himself inside.

"For two days, I couldn't quit crying," Baker says. "The tear gas was everywhere. It was on the walls. It was on the floors. It was on the furniture. It was everywhere."

Prior to the SWAT showdown, Baker's daughter, Deanna, gave officers a key to the home, as well as a garage door opener and the back gate code. Agents took a different route. They smashed six windows. Instead of using the code, they maneuvered a BearCat armored vehicle through her fencing. Instead of using the clicker, they detonated explosives to blow off the garage entryway. And instead of using the key, they drove right on through her front door.

"It was after the insurance company told me there was no coverage that I really fell apart," Baker adds. The company furnished a clause that protects them from liability in cases where the government is at fault for the damage. But the city demurred: There would be no coverage from them. She was not a victim, according to the state.

"I've lost everything," Baker says. "I've lost my chance to sell my house. I've lost my chance to retire without fear of how I'm going tomake my regular bills."

On July 25, 2020, news broke that a man named Wesley Little had kidnapped a 15-year-old girl. He arrived at Baker's home, where he had done some work as a handyman about a year and a half prior; Baker had terminated him after Deanna said she felt something wasn't right.

It was Deanna who answered the door that day. Having seen the news reports, and frightened for her safety, she let him in, left the home, and called the police. Little eventually released the girl unharmed but refused to leave himself, which is when the SWAT team swooped in. After destroying the house, they found Little inside, dead from suicide.

Baker had recently located a buyer for the home. The 76-year-old, who is battling stage 3 breast cancer, was set to begin retirement with her husband in Montana. Predictably, the sale fell through, as the house was no longer livable. She spent about $50,000 making repairs, a chunk of which she took from her retirement, though some things couldn't be remedied: An antique doll collection from her late mother, which she hoped to gift to her granddaughter, was left covered in tear gas, and her daughter's dog was rendered deaf and blind. Baker eventually landed another buyerfor significantly less than she did prior to police declaring war on the structure.

Over the last year, debates around law enforcement accountability and immunity have rapidly moved from little-known doctrines to dinner-table conversations. The legal concept central in Baker's case has yet to gain traction in the mainstream dialogue, however: The Takings Clause of the Fifth Amendment requires that the public be compensated for property taken or destroyed by the government, but some lower courts have bafflingly exempted state actions from that if they were pursued under "police power."

A lawsuit filed by the Institute for Justice (IJ) in the U.S. District Court for the Eastern District of Texas aims to clarify that.

"They're forcing unlucky individuals to shoulder the burden of doing something that's good for society," says Jeffrey Redfern, an attorney with IJ. "Taking dangerous criminals off the street is good for society. If the city decides that it really needs to put a road through your house, that might be the right call. It might be something the community really needs. But that doesn't justify making one unlucky owner bear the cost of doing something that's good for everyone."

Whether or not the police needed to attack the modest McKinney home with brute militaristic force perhaps more appropriate for a battlefield is indeed an important topic for debate. "I have a very high regard for the police," says Baker, who identifies as a Christian conservative. "I'm very grateful for them." But she remains skeptical of their tactics that day: "I thought it was a bit over the top," she adds. She tells me she in no way supports calls to "defund the police" but she sees a need for reform.

Baker is not the first to lose her home to SWAT tactics gone awry, nor is this the first such case picked up by IJ. SWAT agents in 2015 totaled a $580,000 house in Greenwood Village, Colorado, while in pursuit of a shoplifter who had broken into the residence. The city handed the family a cool $5,000, and the Supreme Court subsequently declined to hear the case. Just last summer, police in Charlotte, North Carolina, decimated a home as they tried to coax a suspect out. The problem: He wasn't even there.

I ask Baker how she'd like to see this nightmare endwhat exactly would bring closure? "I'd like to getsome of this money back," she says. "I would. But the main reason I wanted to do this, and go through whatever it took to do it, was to set [a] precedent."

https://reason.com/2021/03/05/swat-team-destroyed-innocent-womans-house-while-chasing-fugitive-city-refuses-to-pay-fifth-amendment/

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divot1338
03/09/21 4:51:03 PM
#2:


This is the only reason we have lawyers.

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littlebro07
03/09/21 4:53:03 PM
#3:


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thronedfire2
03/09/21 4:53:41 PM
#4:


wow that's fucked up

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Ruvan22
03/09/21 4:56:44 PM
#5:


I *thought* I'd heard of similar cases in the past...
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VipaGTS
03/09/21 4:59:58 PM
#6:


well, i guess its better they destroyed her home instead of killing her with no repercussions

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Baneseeker
03/09/21 5:01:40 PM
#7:


divot1338 posted...
This is the only reason we have lawyers.

Doubt she is gonna get anything. Something like this happened before and the judge sided with the cops.

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IHeartRadiation
03/09/21 5:03:06 PM
#8:


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Kastrada
03/09/21 5:03:56 PM
#9:


Ruvan22 posted...
I *thought* I'd heard of similar cases in the past...

Yeah there was a case where SWAT used like military grade weapons on some dudes home in a similar case with some one who broke into the guy's home to avoid capture.

The entire front of the house was gone.

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MorbidFaithless
03/09/21 5:04:05 PM
#10:


At this point we should all become cops and just do whatever we want with no repercussions. Who would stop us? The cops?

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divot1338
03/09/21 5:05:10 PM
#11:


Put a lien on the police station if they dont pay up.

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#12
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MacadamianNut3
03/09/21 5:15:56 PM
#13:


Antifar posted...
Instead of using the clicker, they detonated explosives to blow off the garage entryway. And instead of using the key, they drove right on through her front door.
Seems totally reasonable

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thronedfire2
03/09/21 5:16:56 PM
#14:


MacadamianNut3 posted...
Seems totally reasonable

yeah I don't get it. if they think the guy is barricaded and waiting for them shouldn't they go in quietly?

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What_
03/09/21 5:16:57 PM
#15:


Theres literally no justifiable reason why the city shouldnt be paying for this shit
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RadiantJoyrock
03/09/21 5:18:43 PM
#16:


thronedfire2 posted...
yeah I don't get it. if they think the guy is barricaded and waiting for them shouldn't they go in quietly?
Especially because he was LITERALLY not a threat to anyone at the time. Why not wait him out?
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AFrench4
03/09/21 5:21:25 PM
#17:


MorbidFaithless posted...
At this point we should all become cops and just do whatever we want with no repercussions.
nah I have a soul

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WilliamPorygon
03/09/21 5:25:29 PM
#18:


Antifar posted...
and her daughter's dog was rendered deaf and blind.
Fucking christ

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tremain07
03/09/21 5:26:51 PM
#19:


Poor woman, she's gonna die homeless because of this no city would ever side with a civilian over their police force, especially in Texas.

What_ posted...
Theres literally no justifiable reason why the city shouldnt be paying for this shit
There isn't but to them it doesn't matter, it's just a civilian who doesn't have the power or means to fight these people on it, they can kick the lawsuits down the road til she dies then issue a disgustingly low amount settlement that they'll pay to themselves because life is shit like that

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Monolith1676
03/09/21 5:35:22 PM
#20:


She should be taking the criminal to civil court over it.

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_MorningStar
03/09/21 5:39:08 PM
#21:


WilliamPorygon posted...
Fucking christ
I didn't even get that far. It somehow got worse smfh.

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Slayer_22
03/09/21 5:39:32 PM
#22:


Monolith1676 posted...
She should be taking the criminal to civil court over it.

He's kinda got a case of dead, though.
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Smashingpmkns
03/09/21 5:43:25 PM
#23:


This happens more often than you'd think probably, especially with wrongful drug busts, and SWAT is never held liable for anything. Pretty sure that baby that got burned from that flash grenade, or whatever landed in his crib, never got any kind of settlement either.
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#24
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ncsonic
03/09/21 5:44:48 PM
#25:


Sue and keep suing, then charge interest on payments not made in time.

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Shablagoo
03/09/21 5:51:11 PM
#26:


MacadamianNut3 posted...
Seems totally reasonable

It reads like they think of their breaching equipment such as the explosives as toys and wanted to play SWAT today. Its crazy that not only is this woman not being compensated for the police needlessly destroying her home, but also that the officers havent been fired.

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Monolith1676
03/09/21 5:52:38 PM
#27:


Slayer_22 posted...
He's kinda got a case of dead, though.

She is kinda screwed then unless a judge would allow her to sue his next of kin.

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skermac
03/09/21 5:55:25 PM
#28:


i know a lawyer who will make them pay or so his commercials say, but seriously a lawyer is needed

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#29
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Dark_SilverX
03/10/21 6:16:53 AM
#30:


RIP house shot up to 97 bullets

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pinky0926
03/10/21 6:17:24 AM
#31:


Imagine being so indoctrinated into right wing politics that the police can literally destroy your home, your wealth and your retirement plan and refuse to pay for any of it and your takeaway is "well I don't blame the police, but I do blame the police, they were just a bit heavy handed, and I want them to reform, but defunding them is a step too far I guess. They're good guys and just a few bad apples"

sad

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Jiek_Fafn
03/10/21 6:27:37 AM
#32:


Poor dog...

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Ilishe
03/10/21 6:31:40 AM
#33:


Wow

Nice, America

Fucking NICE

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Inferno Dive Dragoon
03/10/21 6:34:17 AM
#34:


Pigs gonna oink, and the city gonna slop their trough.
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Snip-N-Snails
03/10/21 9:15:55 AM
#35:


tremain07 posted...
especially in Texas.
Oh yeah, she's not getting paid.

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Kloe_Rinz
03/10/21 9:18:20 AM
#36:


Sue the city
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Kloe_Rinz
03/10/21 9:19:12 AM
#37:


Monolith1676 posted...
She is kinda screwed then unless a judge would allow her to sue his next of kin.
Thats the most ass backwards thing Ive ever heard. Sue the next of kin for the sins of the father? What the actual fuck?
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Eyeratosthenes
03/10/21 9:24:44 AM
#38:


Felt bad til I read she's still pro police and a conservative christian

This is still disgusting though. Stop giving cops military gear. They don't need it. They're a bunch of stupid kids playing with their toys, except their toys kill people and blow shit up. I'm sure swat asserts how necessary their actions were tho. With some cracked out handyman who knows what he's capable of

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uwnim
03/10/21 9:33:49 AM
#39:


The city should be fully liable for any and all damage their police cause. Best way to ensure the police don't use their SWAT shit as toys is to ensure there is a heavy price to using them.

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Kloe_Rinz
03/10/21 9:40:30 AM
#40:


Who posted 38
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#41
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#42
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ExtremeLuchador
03/10/21 9:51:29 AM
#43:


Didn't the perp kill himself before the cops even got there?

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Sir Will
03/10/21 10:01:39 AM
#44:


Smashingpmkns posted...
This happens more often than you'd think probably, especially with wrongful drug busts, and SWAT is never held liable for anything. Pretty sure that baby that got burned from that flash grenade, or whatever landed in his crib, never got any kind of settlement either.
WTF?

https://www.nbcnews.com/news/us-news/ex-georgia-deputy-acquitted-after-flash-bang-grenade-hurts-toddler-n479361

Can't even get convicted of lying. JFC....

They did get a payout though, eventually:
https://www.ajc.com/news/crime--law/new-65m-settlement-for-parents-georgia-toddler-injured-raid/fqRsNpwZnOsJxwZtbXVLZP/

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Zano
03/10/21 10:03:04 AM
#45:


This is absolutely ridiculous.

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IShall_Run_Amok
03/10/21 10:07:15 AM
#46:


Hey mods, I've been moderated a lot for shit talking the cops, ever gonna apologize for it?

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Blighboy
03/10/21 10:12:01 AM
#47:


John Oliver did a piece a couple weeks ago on Police Raids, discussed how people are virtually never entitled to compensation for damages.

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Questionmarktarius
03/10/21 10:15:39 AM
#48:


pinky0926 posted...
Imagine being so indoctrinated into right wing politics that the police can literally destroy your home, your wealth and your retirement plan and refuse to pay for any of it and your takeaway is "well I don't blame the police, but I do blame the police, they were just a bit heavy handed, and I want them to reform, but defunding them is a step too far I guess. They're good guys and just a few bad apples"

sad
De-militarize the police.
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Ruvan22
03/10/21 6:12:26 PM
#49:


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cjsdowg
03/10/21 6:16:31 PM
#50:


She complains about defund police when they took everything from her.

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