Indictment handed down in case of toddler injured in SWAT team drug raid

Bounkhem "Baby Bou Bou" Phonesavanh is approaching his 3rd birthday.

AN INDICTMENT has been handed down in the much publicized case of Bounkhem "Baby Bou Bou" Phonesavanh when the Habersham County SWAT team raided a house and critically injured the toddler.

Maryland's Habersham County deputy  Nikki Autry, working with the multi-agency Mountain Judicial Circuit Narcotics Criminal and Suppression Team, was indicted on four counts of criminal civil rights violations, according to the U.S. Attorney’s Office.

“Without her false statements, there was no probable cause to search the premises for drugs or to make the arrest,” acting U.S. Attorney John Horn said July 22. “And in this case, the consequences of the unlawful search were tragic.”

RELATED: Maryland pays $1-million for injuries to child

During the May, 2014 raid, without a warning knock on the door, SWAT team members threw a flash grenade into the house. The grenade landed in the crib of the sleeping Baby Bou Bou, who was 19 months old at the time. The explosion severely injured  the toddler, who was whisked away from his parents and sent to a hospital.

Baby Bou Bou immediately after
the botched raid had to be placed
under an induced coma.

The Justice Department launched its own investigation of the botched raid in October of 2014. They found the deputy had provided false information and used it to obtain a warrant for a "no Knock" search of the house of a drug suspect, Wanis Thonetheva, who was related to the visiting family. The suspect was not in the home at the time of the raid.

According to the indictment, Autry had warned the SWAT team to expect armed guards, a cache of weapons and drugs in the drug suspect's home. Deputies found neither guns, narcotics or the suspect, who was arrested later that day without incident at another site.A settlement of $1 million dollar had been reached between the family and the county in April of this year. One of the terms of the settlement is that the family may not sue individuals involved in maiming their son. Instead of coming from the wallets of the negligent officers, it will come strictly from the taxpayers.

“Over the last few months the Board of County Commissioners has sought a way to bring some measure of closure to this matter while doing what is right, both for the Phonesavanh family and the law enforcement officers involved,” said a statement issued on behalf of the county. “For that reason we have reached a limited settlement with the Phonesavanhs that allows for a payment to them in exchange for protection of the officers and the county.”

Baby Bou Bou had to undergo a dozen surgeries to his face and must continue to have operations to repair the damage done by the burns and explosion.

Autry has since resigned from the Sheriff's Office and the SWAT team disbanded.