DEPOSITION: JERRY YOUNGBEY v. THE DISTRICT OF COLUMBIA

At four o’clock in the morning, Jerry YoungBey and Rubin Butler were startled awake by the sound of breaking glass, along with the sound of Mr. Butler’s two dogs barking. They believed their home was being invaded by armed robbers, and Ms. YoungBey dialed 911 for emergency assistance. The invaders threw flash-bang grenades into the living room, jumped through the windows, and battered down the front door from the inside, all while brandishing assault rifles. They did not identify themselves as officers of the Metropolitan Police Department (MPD) until they reached Ms. YoungBey’s second-floor bedroom door. Although the defendant officers had a search warrant, the timing and methods of executing that warrant made the officers’ actions unlawful. Ms. YoungBey and Mr. Butler bring action for damages and other appropriate relief for redress of this violation of their rights.

Ms. YoungBey contacted ACLU for legal assistance. When I heard of her case, I considered that it was obviously MPD fault. However, it was not easy to get through the deposition. The deposition was held in a small courtroom. There were ACLU interns, Metropolitan Police Department interns, the ACLU attorney, two witnesses, the Metropolitan Police Department attorney, a judge, and a court reporter. Every word of witness testimony was recorded during examination. After Jerry YoungBey and Rubin Butler were under oath to tell the truth and they must tell the truth, the deposition started.

There was a controversy on two issues between Ms. YoungBey and District of Columbia. ACLU argued that Plaintiffs had adequately alleged a Fourth Amendment Violation by the executing officers because the search was conducted in a constitutionally unreasonable manner. The unauthorized nighttime's execution of the warrant and the decision to enter without knocking and announcing independently made the manner in which this raid was carried out constitutionally unreasonable. On the other hand, Defendant District of Columbia argued that SWAT knocked on the door and identified themselves as police officers as police officers before breaking into the house. District of Columbia contested the fact that there was probable cause to believe that John YoungBey, the suspected murder, might be at his mother’s house or keep evidence linking himself to Malloy’s murder there, and that it was, therefore, appropriate to enter the premises at any time.

The Metropolitan Police Department attorney kept asking the same questions when witness felt nervous to answer questions. “Didn’t you know your son was suspected as the gunman?” “Have ever met John YoungBey before the day?” “Has John YoungBey ever been in your house?” Ms. YoungBey was in panic. However, she was able to avoid the difficult situation with the help of ACLU attorney. Asking questions and answering questions took for 6 hours and the deposition was finished. Through this unforgettable experience, I realized that it was really important to protect civil liberties. Of course, you can say "That’s none of my business." However, this case could happen to you or your family or your friends.



-CL