A Texas woman is seeking legal restitution after a SWAT raid reportedly left her McKinney home destroyed. 

Vicki Baker, 78, moved to Montana for her retirement in the summer of 2020, with the sale of her old home in McKinney almost complete, according to Fox News.  

In July 2020, a handyman she had previously hired, Wesley Little, apparently took refuge inside the house with a cache of weapons after kidnapping a 15-year-old girl. Baker’s daughter, who was in the home at the time, ran away and called 911. 

Law enforcement subsequently arrived on the scene and surrounded the home. The suspect released the 15-year-old girl but refused to leave the house.

Law enforcement and SWAT teams eventually moved in to arrest Little. The maneuver involved shooting canisters of tear gas through the home’s roof, walls, and windows, as well as using an explosive device on the garage door.  

Baker told Fox News that law enforcement and SWAT conducted the operation in this manner as a “shock and awe” tactic meant to confuse Little. Little allegedly killed himself during the barrage. 

The incident left Baker’s home and much of the personal property inside in disarray.

Clothes, furniture, and other precious items were unsalvageable after being contaminated with tear gas, she said. 

“A hazmat team threw everything out,” said Baker, according to Fox News. “They had two huge containers in front of my house and both were filled.” 

She also claimed her daughter’s dog was injured during the operation and had to be euthanized.

Total damages to the home were about $50,000, Baker said. The fence was destroyed while the house was left riddled with holes, both inside and outside.

The buyer subsequently backed out of the deal. 

Baker’s insurance refused to pay for the damages to her property. She was reportedly met with the same response from McKinney officials, who claimed the incident fell under qualified immunity. 

Qualified immunity is a doctrine that protects law enforcement agents from personal liability unless they violate a constitutional right. 

Lawyer Jeffrey Redfern of the Institute for Justice took Baker’s case, per Fox News.

Redfern argued that SWAT had seized the home under the Takings Clause and that because of this, Baker deserved compensation.

A judge had agreed and initially awarded Baker just under $60,000. 

But Baker has not yet gained access to these funds, as the City of McKinney is appealing the decision. The City made this appeal on the grounds that the operation did not violate Baker’s 5th Amendment rights.  

This case is set to appear before the 5th Circuit Court of Appeals in June 2023, but Baker’s lawyer believes it could go further if the court rules in her favor. 

“That raises the odds of a Supreme Court review,” said Redfern, per the New York Post.