At 4:30 a.m. on Jan. 21, 2005, Noel and her husband, Charles, were asleep in the master bedroom of their row house when the heavily-armed Baltimore County SWAT team stormed through her home. According to the suit, officers had found “trace amounts of drugs”(marijuana seed) in trash cans outside of the home.
Cheryl Noel feared criminal intruders had broken into her home and grabbed a lawfully registered gun and held it pointed at the floor, the suit states.
Artson kicked in her bedroom door with his boot and, without identifying himself or telling Noel to drop her weapon, shot her three times, including once after she already had slumped to the floor, according to the suit.
“The use of a SWAT team to execute a routine drug warrant was excessive and overkill,” Roberts said. “The woman never knew the police had entered her home. She was doing everything that could be expected of a law-abiding citizen to protect her own life. She was shot and killed without any warning that the police were present or to drop her gun.”
Roberts said his clients “vigorously dispute” arguments that Noel was pointing her gun at the police officer when the officer shot her.
“Clearly, a third shot was wholly unnecessary and grossly excessive,” he said.
Baltimore County Police spokesman William Toohey said police did nothing wrong and the Baltimore County State’s Attorney’s backs the officers.
“The State’s Attorney’s Office ruled that the shooting was justified,” he said.
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