Cops Surprise Innocent Couple in Bed (then lie about it)

They were going in the wrong house. And these men were so casual and blasé about going in the wrong house. I have to speculate that this is not the first time it's happened.

It's the middle of the night. This couple is home, asleep in their beds, in their quiet, safe middle-class neighborhood. But they have this elderly neighbor who thinks she hears somebody in her house. So she calls 911. Multiple police officers arrive. But instead of going and checking on this elderly neighbor, what do they do? They raid the wrong house. They enter this couple's house, guns drawn in the middle of the night. What could go wrong? What did go wrong?

What did go wrong?

And Bayonne just pointed in a general direction.

Which one's in the house?

This one here? Later, he says, I just pointed, you know, the houses right next to each other. He never said go to that house. One of the deputies says, we're supposed to be at that house over there with the with the Lexus. And then the Walker, the policeman says, no, this is the house.

And so then they just decided to go in the house.

Yeah, this is the house, right?

That's the house with the Lexus on it.

Yeah, this is the one.

This is yet another wrong house raid that victimized an innocent family. And I got a chance to sit down with their civil rights attorney.

We are not the enemy. You are not in the army and we are not the enemy. Don't show up in your tactical gear and treat us like the enemy.

And this may be one of the most egregious ones I've ever covered.

I asked, this is the house, they said yes.

And it's wrong.

I was right in the middle.

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My clients are middle class, uh, conservative Republicans that live in a middle class conservative Republicans that live in a middle class conservative neighborhood, which is a bedroom community of Baton Rouge. It's called Walker, Louisiana. It's about 20 miles to the east of Baton Rouge, Louisiana. These are taxpaying citizens who are a victim of a wrong house raid.

Obviously, these happen around the country. I've covered a number of them. What led up to this one?

There's an 80-year-old woman who heard noises in her house, called the police, said she thought somebody might be in her house. Could somebody come by and look at it?

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Sheriff's Office, Amber. Yes, ma'am. My name is Yvonne Mortella. Uh huh, yes ma'am. We think we have an intruder. Okay, what's your address? I usually am not scary, but this is like them digging through boxes and dragging them on the floor.

Do you have any pets? No, they're all gone, bless their hearts. Miss Yvonne, you're a gobbler. What kind of vehicle should we get in the gobbler? Um, an Acura MDX. What color? Silver and a Lexus Black.

Wood. a silver and a Lexus black. What? A Lexus ix 250. That's a black Lexus? Yes.

Okay.

That's the only vehicle that's in the driveway, correct? Yes, ma'am.

So they sent the local police, the Walker, the city of Walker has their own police department and then the sheriff's office sent two officers to assist. They're inside? They had very detailed descriptions of her house and where it was supposed to be, but it's only good if you actually read it. The sheet that goes to all the police officers from the dispatcher had all

the details that you needed. It had my house has a silver and black vehicle in front of it. The doors are all locked. I don't have any animals. Here's my address. So they get to the neighborhood and one of the officers goes to the right house.

The other three officers go to the house next door. Under my back door, that's where she called me. I believe Sandoval did not read the sheet. He was asking, first of all, he asked Bayonne, who was the other Walker police officer, which house is it? And Bayonne just pointed in a general direction.

Which one is it, officer? This one here?

Later, he says, I just pointed, you know, the houses are right next to each other. He never said go to that house, but Sandoval believed that he was pointing at the Kenyan residents. And so then he just took the lead from there

and then basically convinced the deputies that that was the right house. Even though the deputies had read the sheet, Beale, he read it and said, no, we're supposed to be at that house over there with those vehicles. Well, if you know the right house, you're supposed to stop the other guy and say, no, we're going in the wrong house.

I read the sheet. It's those two vehicles over there. That's the house. In fact, you can hear in the body cam that one of the deputies says we're supposed to be at that house over there with the with the Lexus. And then the Walker policeman says, no, this is the house. And so then they just decided to go in the house.

Yeah, this is the house, right?

The house with the Lexus.

Yeah, this is the one that they.

This is a situation of one cop did not read the sheet and he's the one that was making all the decisions and everybody listened to him.

What happened after they entered the house?

They called out sheriff's office come out with your hands up.

Sheriff's office! What? Sheriff's office!

Come out with your hands up!

What? Come out slowly with your hands up. Oh, shit. What? Come out slowly with your hands up.

Whoa, whoa, whoa, whoa, whoa.

And Mr. Kenyon came out. Obviously, he was sleeping. This was around midnight. So he was bare-chested in his pajamas.

Come out here, step.

Yes.

Step to me.

Yes.

Step to me.

Yes.

Yes. Step to me! Okay, I was talking to him, sir. Walk to me. Turn around.

Walk to me. We got somebody in the back.

Oh my gosh.

Luckily, their children were staying over at somebody else's house that day, and luckily, Mr. Kenyon usually has a .45 that he keeps in his bedroom, but he had left it at his office that day.

And so he did not have a gun. Normally, he said that he would have come out with a gun. He didn't know what was going on and he would have met them with a gun and it would have been a real tragedy. But luckily for him, he left his gun at the shop that day

and did not have a gun and his children weren't there and the dogs were in a kennel. As soon as you hear the dogs, you know you're in the wrong house. As soon as you check the door and see that it's unlocked, you know you're in the wrong house. As soon as you see there's no cars in the driveway, you know you're in the wrong house. Anybody with common sense would have known they were going in the wrong house and these men were so casual and blase about going in the wrong house. I

have to speculate that this is not the first time it's happened. Yeah, watching the body cam footage, I mean, at what point do you realize your mistake? Once they realize the mistake or they had to have realized the mistake, it's like they didn't act on it. They just, what they said, well, we didn't get all dressed up for nothing. Let's proceed.

Well, and then you can see their efforts at covering it up because Sandoval's police report, he says, I went over, I saw Mrs. Martitello and we checked her house and nobody was there and that was it. He doesn't say anything about, but we went into the wrong house. We terrorized a family. We held him at gunpoint.

We handcuffed him, you know, and he just ignores all that in this police report So I have to wonder whether he even told his supervisors what it happened

We'll tell you in a minute we turn some lights here I'm going to go to the other side.

Is that your other room?

Yes. Hey! Hey, you could, you could go back over there. He wanted to know how long we were at the house.

We've been here for 8 years.

I don't know. I don't know what we're getting at.

You told me this was the house.

I asked you if this was the house.

This is the house.

We're just searching all the properties.

Hold on, sir.

I asked if this is the house. You said yes.

I was trying in the middle. They're right next all the properties. Hold on, sir. I asked if this is the house, you said yes.

I was pointing in the middle.

They're right next to each other.

You're pointing to this house. That's why we came to the back of this house.

So the whole garden home thing, they're all right here.

I was pointing straight ahead in the middle.

I'm just checking behind is the house? You said, yeah. That's why we came to the bag. If not, we wouldn't come to the house. All right.

So, y'all were asleep?

In bed.

In bed.

Did you hear anything moving around or anything like that?

No, sir.

I haven't heard it.

We got a call about somebody right there near.

Right there near.

I mean, you see, we were asleep. We were asleep.

We didn't call anybody.

I understand.

Um, we're going to go next to our neighbor.

We don't have cameras either, otherwise I would fire that up. No, we've actually talked about it.

Well, I understand we've got a break in here in Zuma.

Okay.

How we come in like that?

Well, and I'm not saying there ain't, but you know, you got this little Stop stop. There's this little sidewalk through here and here and so it's kind of

Did they ever even admit to your clients, you know while they're Unhandcuffing them and talking to them after all this had just happened. Did they even tell them the truth about? What had happened or were they sort of gaslighting them? No. She asked. They said, well, somebody called from this house and said there was a burglar going on. And she said, they called from my house? And they said, well, we think it was anonymous.

And then the deputy says it was anonymous, right?

I heard someone moving around inside and it shouldn't have been him.

That's no.

That's what they called.

Somebody called 911 from our house? I don't know who it was anonymous from.

And then the Walker cop says, yeah, it was anonymous. Well, they knew exactly who it was. I think it was anonymous.

They're saying that they were not supposed to be there. There was somebody inside the house.

It's in the 911 sheet, you know, the call sheet, that not only is she an identified complainant, but she's a retired deputy from another Jurisdiction so she knows to give them detailed Detailed descriptions of her house so they don't go in the wrong house, but what good is giving you these very detailed?

Descriptions if you don't pay attention to it. Right? Well, she is a little bit. She's scared.

He's not gonna talk to her.

I'm not gonna tell shit.

I'm not gonna tell shit.

No, calm down. I'm gonna tell it. That's fine.

But I'm glad our kids weren't here.

It's bullshit.

Stop, stop.

We're gonna talk to her.

Calm down.

Stop. We got a break in entering. Y'all handled it great. I appreciate it.

And your door was open and we were like, alright, shit.

The door was open?

Yeah, your door was open.

She said she...

I was asleep.

No, no, you said you locked it. No. We were just in the pool before we went to bed, so that's why.

That's probably why.

Two hours ago, open, like open, open?

Unlock.

Unlock, okay.

Unlock?

Yeah, we don't tend to lock the door here.

And they said that they heard moving around and I looked in and you have to like...

Honestly, we got dogs, you know, you saw the way the dogs... Yeah.

If anybody were to come in our house...

I'm shocked that we even got in there like that.

Here's the other thing I see. Oh those are plastic guns. Yeah I know but from here.

From here it's hard to see the other plastic guns.

Red flags everywhere for us. No, no, no look. I was scared because I've never been handcuffed before and that freaked me out. And I'm not awake at all. The reason I do it is because I need you to take care of me. No, no, no. I would rather you do that than the worst. But anyway. I'm sorry to wake that than the worst. So, but anyway.

I'm sorry to wake you up like this.

Y'all need to see some IDs or something. I got my wallet in the house.

Walker 30.

I'm going to run.

I already told you I'm going to hang up.

30, go ahead.

Doug and Melissa.

Y'all are at the right house.

I believe we were next door

Was there ever any issue that was discovered with the actual house the actual 911 caller Oh

No, miss Martello just thought she heard something. It was nothing, you know, this was a call for assistance They came over But you saw how they came into Kenyan's house, right? That wasn't a call for assistance. They came over, but you saw how they came into Kenyon's house, right? That wasn't a call for assistance. That's a felony entry, right? With guns drawn and flashlights drawn. I mean, they're looking for a home invasion there,

but 99% of the time, these phone calls end up with nothing. Okay, and 1% of the time, it's a really bad situation. They live in a rural area. I think Walker has fewer than 10,000 people. It's a small town, okay? It's not like they have a high crime area over there in Walker.

They went in without a warrant, without exigent circumstances, in the wrong house, guns drawn, they terrorized the Kenyans.

The Kenyans are being treated for PTSD now. So after this happened, what happened? Was there ever any apology? Was there ever any formal explanation?

I reached out to the sheriff and his attorney and tried to resolve the case and was unsuccessful resolving the case. I don't really wanna get into the talk between us because I may have to deal with them again and I gotta respect that conversation as confidential, but we did attempt to resolve the matter. I did attempt to I contacted the Lawyer for the town of Walker got no response. You have filed suit already for we filed suit in state court because

Just some jurisdictional just qualified immunity issues in the Fifth Circuit which may have given us difficulty in federal court. So we filed in state court.

Is anything else happened other than what we've already discussed?

Yeah, the local news media picked it up and a lot of the citizens are outraged.

Has there been any response by the government here after the local TV news published the

stories? Well, the town of Walker said, we can't discuss it because it's in litigation. And then the sheriff came out and said, well, we were just helping Walker. They were relieved and mistakes happen. And I think my officers acted reasonably.

Would you agree with that?

No.

The, the guy who actually went to the right house, what agency was he with?

Walker police.

So nobody from the sheriff's agency actually went to the right house.

Correct.

He's proud of that.

I don't know if he's proud of it, but he's he's in CYA mode, you know.

Well, I mean what what if there's no litigation say say, you know, you didn't file a lawsuit. It's just it happened There's public outrage. I mean, what is there do they have any actual reasonable explanation or defense to what they did or is it I mean just plain incompetence

It's plain incompetence. I mean, it's one thing if they didn't have if it was a fluid situation And it was the fog of war as we used to say in the army and they didn't have a lot of information And they were just acting on their best instincts. That's one thing. Okay? They had very detailed information on which house to go to, but it's only good if you actually read it. And then even if you read it and you ignore it, it's still on you, right? I mean, this is not a situation where there was not a lot of intel. There was not a lot of information.

You know, I used to do this for a living. I was an infantry officer before I became a lawyer. When you're raiding a house, you get very specific intelligence on the house to make sure you don't go in the wrong one. Okay. And police do the same thing. They get very specific information. The 911 dispatcher did a really good job with the complainant because she got very detailed information and conveyed it to the police. She did her job. The dispatcher did a good job, gave very detailed information.

I know that both organizations got that information from the dispatch, but the problem was at least one of them didn't read it or didn't pay it any attention because they went to the wrong house. The deputy was talking to them and say, hey, aren't we supposed to be over there with that Lexus in the driveway? And then the Walker policeman says, no, no, this is the house. Let's go. And so if you're the sheriff's deputy and you have the information and you've read it and you're a competent police

officer, you're supposed to stop the other guy and say, no, man, let's check it out. Let's not go in the wrong house here. OK. And all he has to do is just look at his onboard computer and say, no, that's the house right there. Look at the address. Look at the vehicles in front. OK, that's the house. It takes literally 30 seconds to go back to your car and check it. This is

not an exigent circumstance. This is just a call for assistance. So it'd be one thing if shots were fired and they had to act and they didn't have time to look at it. That is not the situation. And as we find out later, there was nothing to it. It was just an old woman who thought she heard noises in her house. Now they don't know that, but they know that it's not a home invasion. It's not a burglary.

It's a call for assistance. Really bad things can happen in these scenarios. I mean, thank God your client didn't come out of his bedroom armed or else he'd probably be dead.

We're in the deep south and down here everybody has a gun. Everybody has a gun in the suburbs. Okay. It's a miracle that nobody got shot.

They struck me as not making it very obvious that they were law enforcement coming into that house. Did, did your client know immediately that this was the police in his house?

No, because he had just woken from a deep sleep. So he was disoriented. Only, you know, he did hear it eventually, but when he first heard people in his house, he didn't know what was going on. And he got out, walked to the living room,

and then he heard, "'Sheriff's office, put your hands up, put your hands up." And then he was like, okay, okay, whoa, whoa, whoa, whoa, whoa, whoa, whoa, you know, he's just trying to process the situation as it develops. But you can imagine anybody in this situation, it's midnight, if you go to bed at 10 o'clock, you're in REM sleep by by midnight, right? And now you're being awoken by intruders in your

house, right? And, and it takes a while for your, you know, to understand the situation. We can just imagine what would have happened, right? What would likely happen in a lot of situations, right? I mean, I don't know about West Virginia, where you're from, but in Louisiana, everybody has a gun in their master bedroom because they're going to protect their family. I mean, we, you know, we don't see guns as evil. We see guns as tools.

And almost everybody in that parish, which is 95% white, okay, they all have guns. They all have many guns. And it's just a miracle that the police didn't kill somebody or get killed in this situation. That's the problem.

Not what actually happened, but what could have happened. You know, what would likely happen in a lot of situations, right? I mean, I don't know about West Virginia, where you're from, but in Louisiana, everybody has a gun in their master bedroom because they're going to protect their family. You know, we don't see guns as evil. We see guns as tools. And almost everybody in that parish, which is 95% white. OK, they all have guns.

They all have many guns. And it's just a miracle that the police didn't kill somebody or get killed in this situation.

And then rather than being honest about it and holding themselves accountable and making sure that it doesn't happen again, they're more worried about covering it up and saying nothing just because there's a lawsuit.

Nothing to see here, keep moving. I mean, and this sheriff, this sheriff almost got beat in 2023. He only won reelection by 117 votes. And so you would think he would be very sensitive to community relations, having gotten almost run out of office

in 2023. And then something like this happens. And this isn't in a bad neighborhood. This isn't a drug case, okay? This is an incident where his officers in the middle of the night, guns drawn, went into the wrong house and terrorized his family. If I'm the sheriff, I'm going to show some leadership. I'm going to go in. I'm going to say, look, I'm sorry for what my men did. Let me make it right.

What can I do to make this right with you? I'm going to try to be a human being and take accountability for my men's actions. That is not what happened here, neither with the city of Walker or with the sheriff's office.

It doesn't make any difference. Anyways, I mean, there's no dispute that they came into the wrong house, right? I mean that happened

That's a fact. I mean the body camera is very evident that they screwed up, you know To deny it and to say they acted reasonably is to just ignore all the I mean, you know that they used to have Back in the day grouch our marks. He used to a saying, do you believe me or your lying eyes? Okay, I mean, the citizens can watch this body cam footage and they can make their own conclusions about what happened. And then when the sheriff gets in and says,

you're off, my officers were in a very fluid situation and they acted reasonably. And by the way, Walker was lead, we were just there to assist. Well, who was the first ones through the door? Livingston Sheriff's Office, okay?

They were the first ones through the door, guns drawn. So don't talk to me about you were just there to assist. You took the lead once you got on the ground. And your officer knew better. He told the other guy, we should be at that house over there with the Lexus on the driveway. So he knew better and he went anyway. Listen, I like the police, okay?

I represent one of the sheriffs here in this state, okay? I'm also a civil rights lawyer. I wanna see them do it the right way. And holding the bosses accountable is my larger mission because you know, we used to say there are no bad soldiers, only bad leaders.

When I was in the army, a soldier is going to do what he is held accountable to do. The standards, right? If you have good leaders, you're going to have good soldiers because they're going to be held accountable. The soldiers will do what they can get away with. They'll go to sleep if you let them go to sleep.

They won't pull their guard duty like they're supposed to. They won't do their job like they're supposed to if their sergeants don't make them. Same in the police department, okay? If the sheriff has high standards and holds people accountable to those standards and holds himself accountable,

you're not gonna have this kind of thing. What you're gonna have is, you're gonna have officers who are profusely apologetic. They're going to contact the sheriff immediately. And the sheriff is going to reach out to this family the next day and apologize for what happened and try to make it right with them.

And then there is no lawsuit. Then you have a community. Then you have people that say, I appreciate you trying to make it right, Sheriff. Thank you for taking the time to come out and talk to us, all right? But that didn't happen here. What happened was, we don't put it in the police report, and

the sheriff backs up his guy's conduct, even though it was clearly wrong and egregious. This is not a fall to four situation.

This is ignoring specific details the dispatcher gave you if people have information about this specific incident or the state or these agencies or want to contact you for Other civil rights violations that have occurred. What's the best way for people to get in touch with you?

They can they can email me at Joe at legal 225.com 225 is the area code of Baton Rouge So it's Joe at legal 225.com And I will tell you I will tell this and I'm happy to talk to anybody in Louisiana about this now I don't practice outside of Louisiana, but if you're in Louisiana and you have a wrongful death by the police, a serious injury, you know, a rape by a guard in that one of the jails or prisons, you feel free to call me and and that's all

I really do. I do dead, nearly dead, or raped. I don't do minor police violations because I believe the police need to have some breathing space to do their jobs and it's a hard job. I wouldn't want the job. OK. But in a situation like this, where they clearly had all the information they needed to make a rational decision and they ignored it and they went in the wrong house, it's a recipe for disaster.

And if we don't hold them accountable on stuff like this, they're going to kill somebody the next time. And I don't want that to happen. And so I'm going to hold this sheriff and this chief of police accountable for what happened, because I don't want this to happen again in my community.

People ignore it when it doesn't happen to them. They say, oh, well, that's them. They're drug dealers. They deserve that. They were probably doing something wrong anyway. Whatever. deserve that. They were probably doing something wrong anyway, whatever. But you know the old poem where they said first they came for the socialists and I wasn't a socialist so I said

nothing. And then they came for the trade unionists but I wasn't in the union so I said nothing. And then they came for the Jews but I wasn't a Jew so I said nothing. And when they came for me, there was no one left to speak out for me. Okay, that's where we're at right now. Okay, the police misconduct is now getting to the middle class. It is getting to the taxpaying citizens of this country. And they're treating us like criminals. And it has to stop. We have to hold them accountable, because they have a

lot of power. And with power comes the potential for abuse. And if we don't have civil rights lawyers out there, drawing a line in the sand and saying, no, we are not allowing this to happen. Then eventually we're going to turn into a tyranny because there will be no due process. They will ignore the constitution, the blood of patriots,

enforce the constitution. And we need some patriots to stand up and enforce the rule of law and the

constitution for the little guy.

Because the powerful people, they always have someone that's their champion,

but the little guy doesn't. So we speak for the little guy, the civil rights lawyers in this country. We speak for the little guy who doesn't have that power. Hopefully we'll get some I'll get some justice for the Kenyans here and I will help this community, you know, get better, get their policing more professional. That's what we need, just more professionalism in law enforcement because unfortunately,

I'm a very busy man in this state. We have a lot of problems with the law enforcement here.

Yeah, very well said, Joe. And thank you for doing what you're doing and representing these people. And I hope you do get justice there and prevent this from happening again. I'll continue to follow this one for sure. So please let me know how it goes once something happens.

Yeah, I will tell your listeners also, if they forget my email address, they can just look me up at attorney Joe Long in Baton Rouge I'm the only Joe Long lawyer in the state. I'm a civil rights lawyer. I'm very well known

So I'll put your I'll put your contact info in the description of the video. So, you know

Thank you, John for doing what you're doing You're shining a bright light on this police misconduct and it needs to happen. And it doesn't mean that we're anti-police. I want your viewers to know that we are not anti-police. We just want them to do it the right way. We want them to do it the right way. We want you to protect and serve. That was your oath to protect and serve the community you live in. We are not the enemy. You are not in the army and we are not the enemy. Don't show up in your tactical gear and treat us like the enemy. Treat us like you want to be treated.

That's all we ask. In Maryland v. Garrison, the U.S. Supreme Court held that police officers are constitutionally required not to enter a residence when they are put on notice of the risk that they might lack authorization to enter and search it. In other words, it might be the wrong house. Officers must undertake a reasonable effort to ascertain and identify the place intended to be searched. This is to protect human life.

Needless intrusions into homes threaten multiple constitutional rights, including the privacy of the home. As the US Supreme Court noted in Hudson versus Michigan in 2006, police officers searching a home

may encounter people undressed or in bed, such as happened here. Needless intrusions also put our property at risk when police officers bust down our doors and wreck our homes. But even more importantly, they can lead to the needless loss of human life. Fortunately, nobody was killed in the Kenyon home during this incident, but perhaps that was just a matter of luck more than foresight, as warned by Justice Robert Jackson in the case of McDonald v. United States. Here, despite having very specific

and clear information on which house was the correct house, these officers did not make a reasonable effort to ascertain and identify the correct house. They literally ignored the very specific instructions and information that they had. There is no way that that could be seen as reasonable. Nevertheless, the law enforcement leadership that is over these officers,

they have refused to take accountability. They have refused to take responsibility. They are literally refusing to obey the constitution. They are defiantly refusing to obey the constitution. And these are allegedly public servants that supposedly are accountable to the public. Although a lawsuit has been filed, who knows how long it will take to make its way through

the courts. And even then they could just throw some money at it and just continue on doing what they're doing, putting our property at risk, putting our Fourth Amendment rights at risk, putting our lives at risk.

In the blog post link below, I will put a copy of the lawsuit, the full 911 call, other information, if you want to take a look at it. And also I'll put the contact information for the relevant policy makers here so that you can get involved if you want to do that.

Remember that the only thing that they respect and respond to is public outrage. So if you want to stop behavior like this, the best thing that you can do is to share this footage. Now, sharing it, liking and commenting on it will help this footage in the algorithm and help put it in front of the eyes of the most people as Possible so that is something that you can do believe me

They will respond to that if enough people see it and as we discussed in this video They have no defense here. All they can do is gaslight and hope it goes away So you can help by not allowing that to happen. And I'll continue to follow this one, so you can follow along by subscribing both here and at the blog at thecivilrightslawyer.com. You can follow me on X at JohnBryanESQ.

Remember, our rights don't end where your fear begins. Freedom is scary, deal with it. Freedom is scary, deal with it.

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