My home was destroyed in a police raid even though I’d done nothing wrong. But it’s what happened after that should concern every homeowner

Carlos Pena had served the people of North Hollywood for thirty years, designing signs, banners and apparel for grateful customers throughout the neighborhood.

But on August 3, 2022, his modest printing shop was decimated by a bombardment of shells that tore through his walls, windows and ceilings.

The father-of-two was caught during a police chase of a dangerous fugitive who had barricaded himself in Pena’s shop.

Now the hapless businessman must bear the cost of $60,000 in repairs after insurers and the city refused to pay out.

And he’s not the only one.

Carlos Pena watched in horror as his printing plant in North Hollywood was destroyed by a bombardment of grenades thrown by a SWAT team searching for a dangerous fugitive.

Amy Hadley had her South Bend, Indiana home razed by police in a desperate search for a murder suspect who was never even there

As unhappy as he is, American property owners are caught in the crossfire of devastating SWAT attacks every few weeks, according to Pena’s attorney, Jeffrey Redfern.

Just months before Pena’s store was robbed, Amy Hadley had her South Bend, Indiana, home razed by police in a desperate search for a murder suspect who was never even there.

Last August, Austin police caused $23,000 in damage to the home of Glen and Mindy Shield, an innocent couple, after taking the wrong property.

And Mollie Slaybaugh was left with $70,000 in repairs after a SWAT team attacked her home with dozens of tear gas canisters during a manhunt.

Some of these properties should never have been raided.

In other cases there was a clear public interest in apprehending a dangerous criminal.

But in no case is it right that innocent bystanders should foot the bill.

Yet insurers say this is happening across America because government actions are not covered by their policies, while city governments can claim immunity from harm.

However, that could all change if Vicki Baker wins a landmark case that will go to the Supreme Court in the fall.

Baker’s $300,000 property was destroyed in July 2020 after a SWAT team stormed her home, launching tear gas canisters through windows, smashing doors and leveling a fence with an armored vehicle in pursuit of fugitive Wesley Little.

The 79-year-old did not live in the home in McKinney, Texas, but had spent a year renovating it for sale.

She even found a buyer, who predictably backed out after the raid left the house in shambles.

Little committed suicide in the bedroom.

Vicki Baker’s $300,000 property was destroyed after a SWAT team launched tear gas canisters at her home and leveled a fence with an armored vehicle in pursuit of a criminal

Baker, who lives in Lakeside, Montana, remembers one of her first conversations with a city official, who told her she “wouldn’t see a dime” if she tried to sue for damages.

Those words were still ringing in her ears on June 22, 2022, when a federal jury found she was entitled to $60,000 in damages.

It came after U.S. District Court Judge Amos Mazzant III rejected the city’s argument that police actions should be exempt from requiring the government to pay for property it destroys.

Redfern, a lawyer at the Institute for Justice (IJ), described the decision as a ‘major change in the law’.

“Everyone agrees with the general statement that the government should pay for the property it seizes,” he said.

“But courts across the country had ruled that this rule simply did not apply to police. But the police are part of the government, and this victory makes that all too clear.”

Baker was able to win her case because Texas, along with Minnesota, is one of only two states in the country that holds that these types of damages are compensable.

Redfern said the fact that these states have had these rulings on their books for decades without causing any discernible strain on municipal budgets shows that cities can afford to pay out.

After winning at the state level, Baker’s case is now being fought in federal courts, where a victory for the IJ could pave the way for similar relief for other unfortunate homeowners.

Grim photos of Baker’s home after the July 2020 raid show blood-stained hallways

But for now, hardworking citizens like Pena mostly carry on with their lives still in tatters.

Unable to afford the expensive repairs, he has been forced to leave his garage, causing a loss of income of more than $120,000.

He is in the process of selling his house.

Earlier this year, the U.S. District Court for the Central District of California ruled that he was not entitled to compensation, a decision that the IJ is appealing.

Pena acknowledges that the police did their job, but does not understand why he should have to pay for it.

“I’m not to blame,” he adds. ‘I shouldn’t have to pay for it. It is ridiculous. She [the insurers and the city] just wash their hands of it.

‘They practically destroyed me. Thirty years in the business and it just went down the drain.”