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A Black family is suing two North Carolina sheriff's departments after officers conducted a botched raid of their home.
According to WECT, Avery Marshall and his fiancee Alisa Carr, with the help of the Institute of Justice (IJ), filed a federal lawsuit against the Pender and Lee County Sheriff's Departments to "hold officers accountable for overlooking clear evidence they were raiding the wrong home."
The wrongful raid unfolded on April 10, 2024 in Willard. The Lee County Sheriff's Office was searching for a man named Joseph Clark Jr, who was suspected of breaking into several cars.
“They believed that the suspect’s phone had pinged within 52 meters of Avery and Alisa’s address in the small Pender County community of Willard. But at least five different properties fall within that radius," IJ said.
Police targeted the family's home because of a Nissan Sedan that was parked in the front, which police believed the suspect was driving, according to IJ said. However, the car was registered to Alisa and a different model than what officers were looking for.
“Her car was a different model from the car police were looking for, was ten years newer than that car, and had a different license plate and VIN number,” IJ said.
The lawsuit accuses officers of obtaining the warrant by withholding vital information from the magistrate.
“[LCSO]...falsely told the magistrate the cars were one and the same and [did not tell] the magistrate that at least five other properties were within 52 meters of Avery and Alisa’s address,” IJ said.
Avery and Alisa were sleeping when they heard Pender County Sheriff's Office deputies banding on their door. Deputies then broke the storm door, the front metal door, and threw two flash-bang grenades into their home.
“The flash-bangs filled the home with noxious fumes. Officers ordered Avery, who was shirtless and had just had back surgery, to lie on the glass-covered floor,” IJ said. “Police ordered the 9- and 16-year-old kids out of their bedrooms at gunpoint and interrogated them in a police wagon outside.”
During the raid, police took a sledgehammer to the wall. The floors were also damaged in the raid. Alisa was sent to the hospital for breathing issues.
“Avery, Alisa and the kids continue to struggle mentally and emotionally from the raid, and they’ve been unable to afford the necessary repairs for the house,“ IJ said.
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