April 24, 2010

An attorney for the city of Paducah contends police officers’ SWAT team raid on a couple’s home last November was warranted because their son was wanted for two Dawson Springs homicides.

The attorney for Donnie and Marcia McKinney says police used excessive force. The McKinneys, of Olivet Church Road, sued the city, Paducah police Sgt. Brian Laird and other, unnamed police officers this week, saying they suffered physical, mental and emotional injuries as well as damage to their property. They seek payment for the injuries as well as punitive damages.

The McKinneys’ son, Dustin McKinney, was not at the couple’s home when the police department’s SWAT team broke open the door.

“They called Dustin McKinney on his cell phone the next day, and he gave himself up peacefully,” said Dan Canon, the Louisville attorney representing the McKinneys. “If they had done that 12 hours earlier they could have saved the McKinneys the trauma that they will undoubtedly suffer for the rest of their lives.”

State police said they arrested McKinney at a north Graves County mobile home about 8 a.m. Nov. 20 after receiving a tip regarding his location. Police called Dustin McKinney and he surrendered.

Donnie McKinney has said he was responding to a knock on his door after 11:30 p.m. Nov. 19 when officers blew open the door with explosives, knocking him against a wall. Officers assisted him to the ground, and one put a boot on his back, he said. He later discovered he had broken ribs. McKinney said he was frightened and at first had no idea whom the armed men in his home were.

The city’s attorney, Stacey Blankenship, said police had received a tip that Dustin McKinney was at the house.

“In this situation it was a double murder, and they had to act as they did, which is to ensure their safety and any person’s safety at that house is being protected,” Blankenship said. “You cannot give a suspect notice by knocking on the door and having a conversation with someone at the front door while at the same time someone could be running out the back door.”

Dustin McKinney, 24, and Eddie Goodnight Jr., 40, both of Paducah, are each charged with two counts of capital murder and one count of first-degree robbery. The bodies of Lynn and Mary Ann Moore were discovered at their home Oct. 30. Lynn Moore had been shot, Hopkins County Sheriff Frank Latham said. His wife had been beaten. The two had been killed about two days earlier, according to the murder indictment. Goodnight is the nephew of Mary Ann Moore’s ex-husband.

A grand jury indicted the men Dec. 15 and arraigned them Dec. 21, according to the Hopkins County Circuit Clerk’s Office. Their pre-trial conference was held in Circuit Judge James Brantley’s chambers Feb. 12, but the clerk’s office said it had no information on what took place, including any future court dates. The men are being held without bond at the Hopkins County Jail.

Hopkins Commonwealth Attorney David Massamore has filed his intention to seek the death penalty in the case. McKinney’s court-appointed attorney, Lucien Cisney, declined comment.

Several firearms were missing from the Moores’ home, according to the search warrant for the McKinney home. The warrant, which McCracken District Judge Tony Kitchen signed, gave officers permission to search the property for Dustin McKinney, his red Dodge pickup truck and nine guns, including an AK-47 assault rifle and shotguns.

Canon said he does not dispute that police had the right to search the home, but said they should have gone about it differently.

“In this case there do not seem to be any facts and circumstances for them to raid Donnie McKinney’s house in the way that they did,” he said. “The fact of the matter is, undoubtedly, if a couple of officers had gone to their house and knocked on the door and said, ‘Can we search your house?’ Donnie McKinney would have said, ‘Absolutely, yes.’”

Capt. Brian Krueger began the investigation Dec. 3. He completed his investigative report Dec. 22. Chief James Berry approved it the same day.

Krueger writes that Officer Wes Orazine said in his statement that he watched through a large window as Donnie McKinney came from the living room to the front door, but that McKinney stopped and attempted to go in the other direction. Several officers stated that McKinney had approached the door after they knocked and announced, “Police! Search warrant!” but that he did not open the door.

Krueger writes that Officer Robbins’ statement indicates he identified the officers as police and told Donnie McKinney several times to get on the ground but that McKinney would not comply and began arguing, using an expletive.

“Due to his location, Mr. McKinney was creating a bottle neck for the rest of the team,” Krueger wrote. “Officer Robbins decided to employ a pain compliance technique known as a ‘sternum tap,’ but instead of striking the sternum, Robbins believes he may have hit Mr. McKinney on his right side in the ribs. The strike caused Mr. McKinney to bend at the waist, and gave Officer Orazine the chance to take him to the ground. Mr. McKinney tried to get up and Robbins had to put his knee in the center of his back to keep him down. Mr. McKinney complained that Robbins was restricting his breathing, so he moved his knee to the lower part of his back.”

Krueger writes that Detective Joe Hayes’ statement indicates that he witnessed another officer taking Marcia McKinney’s arm above the wrist and assisting her to the ground after telling her to get on the ground several times.

Krueger writes that Sgt. Brian Laird’s statement includes that when he took the search warrant to District Judge Tony Kitchen for his review, Kitchen asked if the SWAT team would be used, and Kitchen acknowledged the necessity, due to the nature of the crime.

Krueger notes copies of Donnie McKinney’s medical records show fractures of two ribs. They also note his back is scraped and that he has a baseball- sized bruise on his right side. The records indicate he told emergency room staff that the door handle may have hit his right side.

Krueger concludes the use of the SWAT team was warranted and that the operation was conducted consistently with past training and practice.