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.

CATCHING UP with Baby Bou Bou: Maryland settles for $1 million to pay for medical care of child

Most of the scarring around his face has healed but the emotional trauma remains with Baby Bou Bou, who is shown with his parents, Bounkham and Alecia Phonesavanh.

A YEAR AGO Bounkham Phonesavanh, known as Baby Bou Bou, was asleep when a flash grenade blew up in his crib, nearly killing him.

Habersham County deputies threw a flash grenade during a drug raid at a home his family was visiting.

Family supporters met last week with Acting U.S. Attorney John A. Horn to seek criminal charges against the officers involved.

"You have the baby who has gone for his 11th surgery, so far and there is no one to be held accountable," said Marcus Coleman, a spokesman for the family. "This is the reason that the family is still in pursuit of justice."

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.

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

“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.”

On May 28, 2014, at 18 months old, the child was seriously injured when Habersham County deputies executed a no-knock warrant and threw a flash-grenade into the house.The deputies were searching for the boy's uncle in a drug case. As it turned out, the uncle was staying at another house and Baby Bou Bou and his family were visiting from Wisconsin.

Beyond the disfiguring wounds on the toddler’s face, the grenade also left a gash in his chest. As a result, Bou lost the ability to breathe on his own and was left in a medically induced coma for days after the incident. Bou was not able to go home to Wisconsin until July.

RELATED: Family struggles after flash grenade lands in baby's crib

No officers were charged for their near-deadly negligence, and the department claimed that they did not know that there were children in the home. They defended their reckless actions by saying that they couldn’t have done a thorough investigation prior to the raid because it “would have risked revealing that the officers were watching the house.”

The settlement does not mean that there can be no further litigation, but that all litigation must be directed at the county insurance policies, not individuals or the county’s general fund.

A grand jury ruled not to indict the officers involved in the botched police operation. The grand jury said that while the drug investigation for a suspected $50 drug deal was "hurried, sloppy, and unfortunately not in accordance with the best practices and policies", they found "no evidence of criminal intent or criminal negligence on the part of any law enforcement officer involved."

Since then, the county has disbanded the sheriff's SWAT team, the drug officer in charge of the raid resigned and the judge who issued the "no-Knock" warrant has retired. The Phonesavanh family has returned to Wisconsin. The story continues, see below after the video.

Channel 2's Jessica Jaglois reports

The above TV news report by Jessica Jaglois was aired last week on Channel 2 of Habersahm County, Georgia.

The family's attorney, Mawuli Davis, says he is seeking criminal charges in a federal court against the sheriff and the deputies who conducted the raid.

Baby Bou Bou, now a toddler at 2 1/2 years old, faces surgeries every two years to remove the physical scars from his injury.

Medical bills for the treatment of Bou’s injuries are expected to reach $1 million dollars over time but the emotional trauma suffered by the family will continue for a long time. It seems that Habersham County's insurance company got off lightly.

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