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Concerned that official records undercount the number of people shot and killed by police in the United States every year, the Washington Post (12/26/15) attempted to compile a list of every fatal police shooting in 2015. The paper found nearly a thousand cases--more than twice as many as the FBI reports in a typical year.
The Post's project--which corroborates a similar tally conducted by the British Guardian (6/9/15)--is a journalistic accomplishment, as well as an achievement of the Black Lives Matter movement, which has worked to call attention to police violence in the wake of the killing of Michael Brown by police officer Darren Wilson in Ferguson, Missouri, in August 2014.
But it's hard for me to escape the feeling that the Post story--by Kimberly Kindy and Marc Fisher--was framed by the paper to minimize the project's remarkable findings. Take the first paragraph that summarizes the details of the results:
In a year-long study, the Washington Post found that the kind of incidents that have ignited protests in many US communities--most often, white police officers killing unarmed black men--represent less than 4 percent of fatal police shootings. Meanwhile, the Post found that the great majority of people who died at the hands of the police fit at least one of three categories: They were wielding weapons, they were suicidal or mentally troubled, or they ran when officers told them to halt.
"The kind of incidents that have ignited protests...represent less than 4 percent of fatal police shootings." That sure sounds like an attempt to play down the number. Particularly since the write-up never presents the raw number for fatal police shootings of unarmed African-Americans in 2015--which is 37--or the more comprehensive number of all unarmed civilians shot and killed: 90. Those numbers can be found on a graphic that accompanied the story in the paper's print edition, and in an interactive feature online-but are nowhere to be found in the Post's own article on its project. ("Just 9 percent of shootings involved an unarmed victim," a sidebar accompanying the graphic began--that word "just" indicating that we should read that as "not so many.")
The Post's "meanwhile," juxtaposed against "incidents that have ignited protests," implies that the categories that follow would not inspire protest: those killed "wielding weapons," who were "suicidal or mentally troubled," or who "ran when officers told them to halt."
People very much protest these sorts of police killings, starting with Michael Brown, who ran when Wilson told him to halt. Laquan McDonald, whose death at the hands of Chicago police has resulted in a first-degree murder charge for officer Jason Van Dyke and the ouster of the city's police chief, was "wielding" a three-inch knife when he was shot 16 times, so he would have been counted in the first category--as would Tamir Rice, since the Post made the questionable choice to count "toy weapons" in the same category as knives.
The piece stresses that police killings can result from "a single bullet fired at the adrenaline-charged apex of a chase" and prominently cites the argument of Pennsylvania police union president Les Neri that "officers make split-second decisions" while "their bosses, prosecutors, jurors and the public have the luxury of examining every frame of video." Neri's quote becomes the pull quote in the print edition:
"We now microscopically evaluate for days and weeks what they only had a few seconds to act on," Neri said. "People always say, 'They shot an unarmed man,' but we know that only after the fact. We are criminalizing judgment errors."
With a background in law enforcement, Neri must be aware that people can be prosecuted for judgment errors that result in death; that's why there's a crime called criminally negligent homicide. Yet the piece presents his argument at length as though it were a novel legal concept to hold people criminally responsible when their bad decisions end up killing people.
The Post's delicate approach to police killings can be appreciated by comparison with the Guardian's similar project. For one thing, the Guardian contrasts the numbers with statistics on police killings in Europe, so you can see that the rate at which US cops kill people is far out of line with the frequency of such deaths in comparable countries. For example, England and Wales had 55 fatal police shootings in the last 24 years, while the US had 59 in just 24 days. (The higher level of crime in the US explains some but not much of this difference; the US murder rate is about four times the UK's but has a rate of police killings about 70 times as high.)
More viscerally, it's instructive to compare how the two papers visualize the toll of police killings. In the print edition of the Washington Post, those killed by police are represented by what appear to be stylized bullets--with black dots on the ones that represent African-Americans. On the Post website, the dead appear as stereotyped silhouettes:
On the Guardian site, by contrast, the dead are represented, when possible, by actual photos--revealing themselves not as a set of statistics or a collection of weapons wielded but as individuals, each a unique human life lost as the result of a police decision. An appreciation of that fact, more than anything, is what's missing from the Washington Post's tally of fatal police shootings.
This week's charges against Washington Post and Huffington Post journalists arrested last year while covering protests in Ferguson are the latest sign that even high-profile reporters are not immune from the ongoing police crackdown on press freedoms and civil rights in this St. Louis suburb.
Ryan J. Reilly of the Huffington Post and Wesley Lowery of the Washington Post were arrested in August 2014 in McDonald's while covering the mass protests, just days after white police officer Darren Wilson killed unarmed black teenager Michael Brown.
At the time, Lowery reported being "assaulted and arrested" because "officers decided we weren't leaving McDonald's quickly enough, shouldn't have been taping them." Reilly said police shoved his head into the glass during the detention, after which both journalists were arrested and promptly released without charges.
Lowery and Reilly were just two of many journalists subjected to arbitrary arrests, physical force, gassing, rubber bullet fire, and intimidation by police for doing their jobs during last summer's military-style curfew and police repression of protests and media coverage. The Ferguson police department has been broadly criticized for violating protesters' rights to assemble with brutal intimidation tactics, including aiming military assault rifles at peaceful demonstrators and deploying armored vehicles into crowds.
Despite the pattern of repression, protesters in Ferguson and across the United States have continued sustained resistance against institutional racism and anti-black police killings, organizing another wave of mobilizations under the banner of the Black Lives Matter movement to mark Sunday's first anniversary of Michael Brown's killing. In Ferguson, they are being met with severe police crackdown and a "state of emergency."
It was in this context that Lowery, who is currently in Ferguson covering the protests, received his summons--dated August 6, 2015--which states that he is being charged with trespassing on private property and interfering with a police officer because he did not comply with "commands" to exit. If he fails to show up for the summons, Lowery could be arrested. The Huffington Post reports that Reilly "has not yet received notification, but a spokesman for the St. Louis County executive confirmed he will face the same charges."
The charges come just days after Trey Yingst, a journalist with the site News2Share, settled with the city after filing a civil rights lawsuit for his arrest in November.
Lowery expressed outrage to Washington Post reporter Mark Berman: "I maintained from the first day that our detention was illegal and unnecessary. So I was surprised that a year later, officials in St. Louis County decided this was worth revisiting."
Both publications immediately condemned the charges.
Martin Baron, executive editor for the Washington Post, declared: "Charging a reporter with trespassing and interfering with a police officer when he was just doing his job is outrageous. You'd have thought law enforcement authorities would have come to their senses about this incident. Wes Lowery should never have been arrested in the first place. That was an abuse of police authority."
"The Huffington Post condemns the charges filed by St Louis County against our Justice Reporter, Ryan Reilly, while covering the protests in Ferguson last year," Washington bureau chief Ryan Grim declared. "A crime was committed at the McDonald's, not by journalists, but by local police who assaulted both Ryan and Wes Lowery of The Washington Post during violent arrests. At least we know Ferguson knows how to file charges."
Grim added: "If Wes Lowery and Ryan Reilly can be charged like this with the whole country watching, just imagine what happens when nobody is."
At least 50 people were arrested outside the Thomas F. Eagleton Federal Courthouse in Ferguson, Missouri, on Monday, where they were demanding the dissolution of the Ferguson Police Department.
Meanwhile, despite mostly peaceful protests marred by an officer-involved shooting overnight that left a teenager in critical condition, St. Louis County declared a state of emergency for Ferguson on Monday. Demonstrators are marking the first anniversary of the shooting death of black teenager Michael Brown, who white police officer Darren Wilson killed on August 9, 2014.
"In light of last night's violence and unrest in the city of Ferguson, and the potential for harm to persons and property, I am exercising my authority as county executive to issue a state of emergency effective immediately," County Executive Steve Stenger said in a statement. "The recent acts of violence will not be tolerated in a community that has worked so tirelessly over the last year to rebuild and become stronger."
Under the order, St. Louis County Police Chief Jon Belmar immediately took control of policing in Ferguson.
According to the St. Louis Post-Dispatch, 150 demonstrators gathered at Christ Church Cathedral on Locust early Monday. They then marched to the courthouse, where they chanted, "DOJ, do your job," and read from a petition asking the federal government to disband the Ferguson Police Department. The group, which included members of the clergy and prominent civil rights activists, marched under the banner of 'Moral Monday.'
The Post-Dispatch reports:
Shortly before 1 p.m., about 50 protesters climbed over the barricades that had been set up outside of the courthouse and sat down, locked arms and began singing and chanting.
When that protesters' move did not produce any arrests after about 20 minutes, the seated group rose and rushed toward the front door of the courthouse, and sat down again. Shortly after that, about 30 members of the St. Louis Police Department arrived on the scene and arrests began.
About 2:30 p.m., city police reported that 56 people had been arrested. The arrests appeared to be non-confrontational and no visible physical altercations appeared to have taken place.
Geneva Reed-Veal has filed a federal wrongful death lawsuit against Texas state Trooper Brian Encinia for the arrest of her daughter, Sandra Bland, in Harris County. Bland was found dead in her jail cell three days after her July 10th arrest. Bland's grieving mother is beginning to make good on her vow to "find out what happened to my baby." "This means war," said Reed-Veal at her daughter's funeral.
But Reed-Veal is not the only one angry and demanding justice. Bland's death has touched a nerve among the public, particularly people of color.
When Bland's story first emerged, I watched one of her "Sandy Speaks" videos, which are short clips she posted of herself commenting on social issues. She had a wide, warm smile and twinkling eyes and spoke with confidence and clarity: "If we can get enough white people to show that all lives matter, then maybe they'll stop killing our black brothers." I immediately loved her. And I mourned the loss of such a vibrant soul who had recorded the video just a few months earlier.
Although Bland died in a jail cell in Texas, her digital footprint has kept her alive and humanized her in a world that continues to deny the humanity of black people. Bland used the social media avenues available to her to speak out at a time when mainstream, corporate-sponsored media outlets continue to underrepresent minority voices, particularly those of African Americans, dramatically. It was only after Bland's death that we began to seek her out and listen to her opinions. However, thousands of African Americans are active on Twitter, Facebook, and other social media sites today, using the means available to them. And like Bland, they, by and large, reject wholesale the lie that the U.S. justice system works equally for all Americans.
So thoroughly did Bland's case capture the public imagination that it has inspired wild conjecture that she was already dead when she was photographed for her mug shot. Texas authorities released a surveillance video of her getting her photo taken to dispel the rumors. They also claimed that Harris County Jail employees received death threats.
In Ohio, just nine days after Bland's arrest, an unarmed African-American man named Samuel DuBose was killed by University of Cincinnati police Officer Ray Tensing during a traffic stop. Prosecutors swiftly indicted Tensing on murder charges, but only after DuBose's family demanded answers and the release of Tensing's body-camera footage.
The fact that authorities were on the defensive in both these cases, and released video evidence, is a good thing. It means the pressure being applied across the country has started to have an impact. The system of policing that is, in theory, supposed to be based on public trust has been widely exposed as being severely corrupted by racism. New evidence emerges daily as people arm themselves with documentary evidence acquired through their smartphones.
Even U.S. Attorney General Loretta Lynch, who has openly sided with police, was moved enough by the circumstances under which Bland was arrested that she said, "It shows the frustration that many minority communities feel when they feel that, you know, maybe it wouldn't have escalated in a different community." However, most white Americans do not share such speculation.
A new survey of policing in the U.S. found that great disparities continue to exist between black and white perceptions. African Americans are "nearly four times as likely as whites to describe violence against civilians by police officers as an extremely or severe problem." In contrast, "[t]wo-thirds of whites label police use of deadly force as necessary and nearly 6 in 10 say race is not a factor in decisions to use force."
This disconnect is reflected in the skewed priorities of mainstream media and its coverage of police violence, compared with, say, the killing of a Zimbabwean lion. On July 29, The Washington Post ran an op-ed headlined, "What justice for Cecil the Lion would look like." The Post's coverage of Sandra Bland was far less clear-cut and never invoked the idea of "justice" for her.
Mainstream media coverage of police killings is often biased in favor of police. Fox News coverage of DuBose's death featured guests who lectured that people need to stop resisting arrest to survive police encounters. But it's not just the far-right media: Even the Los Angeles Times has been guilty of skewed coverage. Writing about the autopsy of Skid Row resident Charly Leundeu Keunang, who Los Angeles Police Department officers killed, the paper chose the headline, "Autopsy shows man shot six times, had meth in the system." As GQ's Jeff Sharlet pointed out, the news worthy of reporting was that the police officer involved "pressed his gun into the chest of an unarmed man and shot him through the heart." Sharlet rightly complained that "the L.A. Times devotes more ink to the effects of small amounts of meth and marijuana than to the effects of a police officer pressing his gun directly into Charly's chest and pulling the trigger."
When honesty and clarity from police departments and the media is not standard operating procedure, people will imagine the worst. And they will rely less and less on institutions and more on their networks and communities, which is why so many people are convinced that Harris County officials murdered Bland in jail.
But in truth, many of us are heartbroken at the idea that Bland may indeed have killed herself. If she did, that does not absolve the state of Texas, for Bland died in state custody, either by her own hands or someone else's. When you are in police custody, you are their responsibility. The Texas Commission on Jail Standards blamed Harris County Jail authorities for not checking on Bland every hour as they were supposed to. A black Texas legislator named Garnet Coleman went even further, saying the original traffic stop was a "catalyst" for Bland's death.
To begin with, she should never have been pulled over. And, when pulled over, she should never have been arrested. Bland's arrest set off a chain reaction of events that led to her death, and for that, the state of Texas appears to deserve blame. The question is, will anyone be held accountable, and will there be justice for Bland?
Black women dying in jails around the country should not be a trend. But it is. Five black women have died mysteriously in custody since the middle of July alone. A new study found a dramatic increase in the rates of suicide in jails. More than a third of all jail deaths are attributable to suicide, and those numbers have jumped since 2009. Today, 15 out of 100,000 people in the general public commit suicide. In jail, that number jumps to 41 out of 100,000. Something about our jail system is killing people. People like Sandra Bland.
As we come upon the first anniversary of the shooting death of Michael Brown in Ferguson, Mo., it is a good time to take stock of the victories achieved by the myriad movements for racial justice since Black Lives Matter became a rallying cry. Sadly, there have been very few wins. Among them is the conviction of Mary O'Callaghan, a white female officer of the LAPD, who was charged with assaulting an African-American woman named Alesia Thomas in 2012. Thomas died shortly after the brutal assault. Despite the conviction--which was for assault, not murder--O'Callaghan will only serve 16 months in jail and could be out in five with good behavior.
Meanwhile, Ferguson police Officer Darren Wilson walks free. And in Texas, Brian Encinia has been placed on administrative leave but remains gainfully employed. Ray Tensing in Ohio and the six officers indicted in the death of Freddie Gray in Baltimore are facing murder charges. But so far, they are simply charges. Until there are convictions and sentences so serious that all cops think twice before shooting unarmed black Americans, there will be no victory. And what best constitutes victory is justice.
DuBose's friend Donte Fleming distilled the fight for racial justice, saying, "Hopefully, this will be the turning point when the rest of the world starts to understand that our lives matter," he said. "We love our children, our husbands, our fathers, and our uncles just as much as they do. We deserve the right to live and be free."
Just two days after Michael Brown was killed by policeman Darren Wilson in Ferguson, Mo., 25-year-old Ezell Ford was fatally shot in South Los Angeles by two officers of the Los Angeles Police Department. Ford had been diagnosed with bipolar disorder and schizophrenia and was well known to residents of the area. Police say a struggle ensued when he was confronted. Ford then was shot three times.
In the last several years the LAPD has managed to clean up its tarnished image. There have been positive media reports, such as this KPCC story praising the police department's Mental Evaluation Unit as a "model" for the nation and this New York Times article claiming that the LAPD is a "police force transformed." Such coverage creates the impression that the third largest police force in the nation has emerged from controversies like the Rodney King beating and the Ramparts scandal and is now a standard-bearer in law enforcement.
But a new investigation by The Guardian newspaper has found that the LAPD leads the nation in officer-involved deaths. This year alone, LAPD officers have been responsible for killing 10 people, five of whom were unarmed. That count does not include Ford, who was killed on Aug. 11, 2014.
Los Angeles Mayor Eric Garcetti, although progressive on economic justice issues, has taken relatively little action on police killings of unarmed blacks. A dozen or so activists with Black Lives Matter (BLM) have attempted to force the mayor's hand by camping out in front of his home since Sunday. On Tuesday the campers headed to a Police Commission meeting in downtown L.A. where the five-member appointed panel planned to weigh recommendations made by LAPD Chief Charlie Beck and Inspector General Alex Bustamante. While Bustamante maintained that Officers Sharlton Wampler and Antonio Villegas had approached Ford inappropriately, he agreed with Beck that the fatal shooting was consistent with policy.
Reporting from the commission meeting, I witnessed not only the public rage against police killings like that of Ford but also the brutality of police as they proceeded, in full view of the public, to arrest one of the activists present. Dozens of people were gathered in a room packed with reporters, and dozens more watched from an overflow room as one speaker after another expressed their anger at the commissioners, Chief Beck and Inspector General Bustamante.
One man wore a red Ku Klux Klan robe, complete with pointy hood, to make the case that police violence is a symptom of white supremacy, regardless of the color of officers' skin (neither Wampler nor Villegas are white). He accused Beck of being a "goddamn train wreck." A woman led a mass chant, "Ezell Ford's life matters." A young African-American man addressing the hearing elicited gasps when he angrily tossed a sheaf of comment sheets into the air to represent the countless people killed by police. The man, who later identified himself to me as Evan Bunch, said to the commissioners, "You are numb to the killing of a human being. This means now, you're like Hitler."
As Bunch made his way out of the room I asked him if I could interview him after the meeting and he immediately agreed. But a few minutes later, a commotion ensued and people ran outside, saying Bunch had been arrested.
I followed with my video camera until I reached the opposite end of the building. There lay Bunch on the concrete immediately outside the building with his hands cuffed behind his back and three LAPD officers hovering over him. Bunch's friends stood yelling at the cops, demanding to know why he was being arrested. A few seconds later two officers roughly lifted Bunch by his arms and, as he screamed in pain, dragged him back into the building down a flight of stairs, his legs and feet thudding against each step. I immediately posted the raw footage of him being dragged away on social media, and within hours it was shared hundreds of times and viewed thousands of times. Immediately a call to #FreeEvan went out, and, in a testament to the power of instant Internet communication, people mobilized rapidly. Bunch was freed later in the day.
Commander Andrew Smith of the LAPD's media relations and community affairs unit, a congenial white officer, explained to me that Bunch was not arrested, he was simply "detained for disturbing the peace." I asked him whether it was an embarrassment for the LAPD to treat an African-American in this manner on a day when community members were so outraged over police brutality. Smith's response: "That's a good opinion; you're welcome to it."
LAPD officers might be living in an alternate reality, in which they are a besieged minority under attack from all sides, accused of misbehavior constantly and under scrutiny for the tiniest of missteps. The truth is that that exact description applies more accurately to Black America. Armed to the teeth, police officers wield their deadly weapons with impunity and have a massive structure of institutionalized support behind them in the form of police unions, elected officials, the court system and appointed officials like members of the Los Angeles Board of Police Commissioners.
Through that support system, officers enjoy a form of immunity that is not available to civilians. Ford's mother, Tritobia, told the commissioners before they issued their ruling, "All my son wanted to do was live. ... How can [the officers] not have a reason to stop him, but yet you clear them? Please, I have faith in you yet. He had been stopped before and lived. These officers did wrong."
But Ford's killers are likely to walk. Hours after the public comment period ended, the five commissioners ruled that Wampler "acted out of policy" when he shot Ford, while Villegas didn't. Both officers were out of policy in drawing their weapons. Now it is up to Beck to determine what punishment, if any, to mete out to Wampler. In the few cases where the commission has ruled against an officer's actions, Beck has generally ignored its recommendations. In the meantime, BLM activists have asked City District Attorney Jackie Lacey--the first black D.A. in Los Angeles history--to file charges.
Steven Lerman, the attorney representing the Ford family, plans to bring a wrongful death lawsuit against the officers in federal court. Lerman, who was present at the commission hearing, characterized the shooting as "not only not justified, but a homicide with evil intent" and declared that the officers ought to "be in federal prison for their violation of Ezell Ford's civil rights." Lerman, who also represented Rodney King in 1992, sees the Black Lives Matter movement as part of a "continuum [from 1992] ... with the rash of shootings of unarmed black and Latino men across the country."
BLM activist Dawn Bodkins, who has been camping out in front of the mayor's house, also attended the hearing. For Bodkins, justice means the firing of Chief Beck at the very least. She added, "If Mayor Garcetti doesn't handle [Beck], then we can consider taking him [Garcetti] out of office." Bodkins also wants the police commissioners to deliberate in public instead of behind closed doors. And activists like her are eyeing the recent court victory of Chicagoans who won reparations for the horrific abuses they suffered when they were tortured by police in the 1970s and '80s.
The story of Ezell Ford has not received nearly enough national media attention despite being on par with other high-profile cases across the nation of police brutality against unarmed African-Americans. Whether that is because the LAPD continues to cling to its positive image, or whether the press has simply not highlighted the case strongly enough, is not clear. What is certain is that the Black Lives Matter movement--arguably the most important social and political U.S.-based movement in a decade--will not rest until there is justice for Ford and all the others unjustifiably killed by police.
Most in the peace and justice community took it as a foregone conclusion that Darren Wilson wouldn't be indicted for the killing of Michael Brown in Ferguson, Missouri.
Most in the peace and justice community took it as a foregone conclusion that Darren Wilson wouldn't be indicted by the system of injustice that he was a part of. We had hoped somehow for a miracle, that the system and the culture that reinforces it would indict itself. What we need instead are civilian indictments of the system - many of them. Communities all across the country need to hold a candle of justice up to our legal system and call it what it is: polarizing, fear-based, classist and racist. Indictments from civil society - when presented and argued with civility and reason could have real moral authority. And while the outcomes of these indictments and the civilian tribunals that could follow may not be enforceable under current law, they provide grounding for the establishment of just and moral local communities.
Local communities can design alternative systems for justice and nonviolently refuse to participate in the morally bankrupt systems that currently rule. In moving to a peaceful future we need to experiment and establish these alternative models and inquire into the foundations of justice. Restorative justice programs are already in operation across the country proving there are functional and effective alternatives to what currently is and showing what an ethically based system of justice can look like. At the local community level this is a viable possibility we need to pursue.
Engaging in the design of alternatives may seem like sidestepping the necessary dialogue required to transform the mainstream system of justice. This is hardly the case. Yes - we need inclusive dialogue - lots of it. That is essential for the establishment of a just moral community for all. However, our social, economic and political culture is so damaged that reason and civility rarely preside. Dialogue requires that we listen: more specifically, it requires that we listen to understand one another. Talking past one another, as we are doing now, only reinforces stereotypes and breeds opinion and misinformation. We need to be able to listen and hear the voices of all those who have been victims of the indignity and inhumanity that is bred by our justice system and manifest in forms of police brutality, racial profiling, and the mass incarceration of the majority of young black men in America.
Telling our personal stories and engaging in "truth telling" can be an opening process, revealing the indignity of the system that transcends individual racial and class identities and helps to bind us together in our collective humanity. Truth telling is a bridging process that opens up the possibilities for civil dialogue to occur. It allows us to connect emotionally and then move to reason. There is great work happening on the ground in Ferguson that seeks to do just this. The Truth Telling Project is gathering video testimonies and reactions in response to the grand jury indictment decision. This is part of a bigger project that will be launched soon that will gather voices of victims of systemic racism from across the country. I encourage us all to listen to listen to these voices and add our own to the mix.
Injustice will continue to prevail if we don't engage in alternative, just processes and dive deep into inquiry into our own attitudes, fears, and misperceptions. Justice, in my experience, is about achieving wholeness - internally and in community. It is about returning to whole that which has been broken. Wholeness can't be achieved without understanding, without listening, and without civility. Wholeness is the manifestation of the vision of justice in Martin Luther King Jr.'s "Beloved Community." Let's aspire, prepare, and engage in the reflection, learning and action to achieve this vision.
Following Monday night's announcement by St. Louis County Prosecutor Robert McCulloch that a grand jury would not indict police officer Darren Wilson for the shooting death of unarmed teenager Michael Brown, the city of Ferguson, Missouri erupted in unrest fueled by an outpouring of emotion by those both outraged and saddened by the decision.
Dozens of fires burned buildings and cars throughout the night in Ferguson and National Guard units were ultimately deployed in the early hours of Tuesday. And the New York Times reports that Missouri Governor Jay Nixon is ready to send additional soldiers to Ferguson if he deems it necessary.
While the national response to the grand jury decision included spontaneous marches in dozens of cities--including Chicago, New York, Los Angeles, Oakland and others--on the streets of Ferguson, in areas near the police department headquarters and in the neighborhood where Brown was killed on August 9, the anger to the news was reported as palpable and intense by those on the scene. As police officers in riot gear fired tear gas to disperse gathered crowds, some people responded to the prosecutor's announcement by smashing windows of cars and breaking into local businesses. According to reports, approximately 29 people were arrested by law enforcement during the course of the night.
Subsequent to McCulloch's announcement, which took place just after 8:00 PM local time (9:00 PM EST), the prosecutor's office released a set of documents said to be the complete file from the grand jury. You can view those documents here.
As individuals and organizations responded to the news of the 'no indictment,' many on the streets in Ferguson reported scenes of chaos as clouds of tear gas mixed with smoke from burning cars and buildings. The sounds of what appeared to be gunfire were heard intermittently throughout the night. Local hospitals reported dozens of injuries, but no deaths, associated with the street protests and police clashes.
What follows is a mix of reporting and reaction to Monday's announcement from community members, legal and civil rights groups, protest organizers, and journalists.
Reacting to 'No Indictment'
Statement from Michael Brown's parents, Lesley McSpadden and Michael Brown, Sr.:
We are profoundly disappointed that the killer of our child will not face the consequence of his actions.
While we understand that many others share our pain, we ask that you channel your frustration in ways that will make a positive change. We need to work together to fix the system that allowed this to happen.
Join with us in our campaign to ensure that every police officer working the streets in this country wears a body camera.
We respectfully ask that you please keep your protests peaceful. Answering violence with violence is not the appropriate reaction.
Let's not just make noise, let's make a difference.
Statement from NAACP president Cornell William Brooks:
The NAACP stands with citizens and communities who are deeply disappointed that the grand jury did not indict Darren Wilson for the tragic death of Michael Brown, Jr. We stand committed to continue our fight against racial profiling, police brutality and the militarization of local authorities. The death of Michael Brown and actions by the Ferguson Police Department is a distressing symptom of the untested and overaggressive policing culture that has become commonplace in communities of color all across the country. We will remain steadfast in our fight to pass the End Racial Profiling federal legislation. And we stand in solidarity with peaceful protesters and uphold that their civil rights not be violated as both demonstrators and authorities observe the "rules of engagement." The grand jury's decision does not mean a crime was not committed in Ferguson, Missouri, nor does it mean we are done fighting for Michael Brown, Jr. At this difficult hour, we commend the courage and commitment of Michael Brown's family, as well as local and national coalition partners.
Statement by Tef Poe, co-founder of Hands Up United (h/t The Dissenter):
In this moment, we all have a choice to make. We can stand by while police and their apologists in prosecutors' offices and city halls continue to kill, harass and criminalize our communities - or stand up in this moment to demand that our elected officials lead and finally deal with our broken policing system.
Remarks by Montague Simmons, chairperson of the Organization for Black Struggle:
We are devastated that the grand jury has failed to indict Darren Wilson in the killing of Mike Brown.
All this community wanted was simple justice. Wilson killed an unarmed man and should face a trial by jury. Instead, he benefited from a highly unusual grand jury process, led by a prosecutor with whom the local community pleaded to step down or be removed from the case.
Mike Brown was a young man with his entire life ahead of him. He could have been any of us. In fact, since his murder, we have seen more police killings of unarmed Black people. In the last week alone, the killings of Akai Gurley in New York City and Tamir Rice in Cleveland have served as stark reminders that the problems with policing in Ferguson are rampant throughout the country.
Statement Jeffrey Mittman, executive director of the ACLU of Missouri:
The grand jury's decision does not negate the fact that Michael Brown's tragic death is part of an alarming national trend of officers using excessive force against people of color, often during routine encounters. Yet in most cases, the officers and police departments are not held accountable. While many officers carry out their jobs with respect for the communities they serve, we must confront the profound disconnect and disrespect that many communities of color experience with their local law enforcement.
The ACLU will continue to fight for racial justice. We must end the prevailing policing paradigm where police departments are more like occupying forces, imposing their will to control communities. This 'us vs. them' policing antagonizes communities by casting a blanket of suspicion over entire neighborhoods, often under the guise of preventing crime.
To build trust, we need a democratic system of policing where our communities have an equal say in the way their neighborhoods are policed. Collaboration, transparency, and communication between police and communities around the shared goals of equality, fairness, and public safety is the path forward.
A Street Level View
Huffington Post: Ferguson Erupts in Protests After Darren Wilson Grand Jury Announcement
The Brown family had called for peaceful protests in a statement -- but not everyone assembled would heed their wishes. McCulloch's long, combative announcement and its references to Brown's alleged theft of cigarillos inflamed tensions. Within minutes of the news that there would be no indictment, some protesters had smashed the windows out of a police car. Others threw bricks at police guarding the station.
Law enforcement officers responded with orders to disperse. At the same time as President Barack Obama addressed the nation, the police filled the air filled with teargas, sickening protesters and journalists.
During one episode, captured by Fusion media, a woman thought to be having a heart attack was carried to a police line for assistance, but the police responded to those trying to help the woman by firing tear gas and shooting rounds from bean-bag shotguns:
Police fire tear gas, rubber bullets at group carrying unconscious woman in FergusonFusion's Tim Pool witnessed an unconscious woman getting tear gassed by police in Ferguson last night. Subscribe to Fusion: ...
The Intercept: "Burn This Shit Down": Mayhem and Protests Engulf Ferguson
Standing outside the Ferguson Police Department headquarters, the mood of the crowd of a few thousand was initially jubilant and brimming with anticipation, but around 8 pm, when the announcement of the grand jury decision was made, all hell broke loose. Michael Brown's mother Lesley McSpadden addressed the crowd as McCullough was speaking, apparently already informed of what the decision was going to be. She broke down sobbing in tears and agony saying, "they took my baby," and "we're sick of this." After that, the stepfather of Michael Brown, Louis Head, shouted through tears, "burn this shit down." At that, some of the crowd got agitated and very aggressive with police.
Simultaneous with the announcement of the decision, St. Louis County officials released transcripts of grand jury testimony. Wilson, who is 6'4 and 210 pounds, described Brown in his testimony as "Hulk Hogan," and stated that he looked "angry as a demon." According to Wilson, Brown reached for his gun while he was seated in his police cruiser and said "you are too much of a pussy to shoot me."
In front of the Ferguson Police Department headquarters, after Head's outburst and after the grand jury decision was announced, the police took out their riot gear and formed a blockade in front of the headquarters building. There were also snipers visible on the roof of the police headquarters.
The Guardian: Ferguson ablaze after Michael Brown verdict: 'This is a war zone now'
At 1.30am, amid escalating unrest, Chief Jon Belmar, the St Louis County police chief, told a press conference: "Unless we bring 10,000 policemen in here, I don't think we can prevent folks that are destroying a community."
He said police had arrested 29 people. There were no reports of deaths, but several reports of injuries. [...]
A block north from where the Swat teams made their brief stop, a woman and man stood in front of a burning building, arms aloft. "This is America. I am a citizen of America," the woman shouted. "I want justice and peace."
She was interrupted by a man walking past. "Don't burn this down," he said. "Let's go burn down their neighbourhoods."
He didn't say who 'they' were, but throughout the looting, arson and the attacks on police there was a thread that seemed to unite the protesters in their violence. Brown's name was mentioned occasionally. Often anger was expressed with the more succinct "fuck the police". Some of those taking part in the riots stepped aside to explain their actions.
"What is going on here is real simple," said DeAndre Rogers Austin, 18, who was with his two younger sisters. "We told them no justice, no peace. We didn't get our justice, so they don't get their peace. We're fucking shit up over here. Plain and simple."
In Ferguson, Missouri, citizens and activists prepare for injustice, while government and law enforcement prepare for outraged reaction to injustice. But what about preparing for the justice Ferguson, and America, really needs?
As it waits to hear whether the grand jury will indict officer Darren Wilson in the death of unarmed black teenager Michael Brown, Ferguson is preparing for the worst: that the grand jury will decide not to indict Wilson, leading to more outrage and unrest in the streets of Ferguson.
Speculation over further unrest misses the point that the anger and frustration seen in Ferguson is much bigger than the death of Michael Brown or the indictment of Darren Wilson. As one, young Ferguson protestor put it, Michael Brown was just the final straw.
"We could just say Brown was the final straw; it was the straw that broke the camel's back," said Victoria Donaldson, 26, of St. Louis. "So until they fix that problem where young black men are being shot down or killed -- not even young black men, just black men in general -- are being completely disrespected and being treated like animals till the point of death, until that changes it will continue to be something that just upsets us."
Ferguson was a city of stark racial disparities long before Michael Brown's death.

But the story of how it got that way isn't what we've been told in the media, as Richard Rothstein points out in his report, The Making of Ferguson: Public Policies at the Root of its Troubles. Media outlets blamed "white flight" for flipping inner-ring suburbs like Ferguson from white to black, and the private prejudices of white homeowners for keeping outer-ring suburbs white. "A more powerful cause," Rothstein writes, "is the explicit intents of federal, state, and local governments to create racially segregated metropolises."
Starting in the Jim Crow era, city planning councils prevented "colored people" from moving into "finer residential districts," and designated areas in, or adjacent to black neighborhoods for industrial development, and using industrial areas as a buffer between back and white neighborhoods. Black neighborhood were denied public services -- like streetlights, garbage collection, access to municipal water. Government policy effectively turned those neighborhoods into slums. White homeowners came to associate blacks with slum dwelling, leading to problems when black families tried to buy homes in white neighborhoods.
Crisis in Levittown, PAThis is a version of the landmark documentary "crisis in Levittown, PA" that I edited down to 10 minutes for my class.
By the 30s and 40s, cities began clearing slums to use for "better and higher purposes," like building waterfront development, highway exchanges, and universities. Meanwhile, the when the New Deal built the first public housing in America, the Public Works Administration's (PWA) "neighborhood composition rule" perpetuated municipal segregationist policies, by stipulating that public housing project could not alter the racial composition of the neighborhoods where they were built. The PWA even segregated its work crews across the country.
Blacks were pushed into areas like Ferguson. Meanwhile, whites moved to outer-suburbs, where restrictive covenants prohibited white homeowners from selling to blacks. These covenants began as private commitments between neighbors, but were soon adopted by real estate boards. The Federal Housing Administration (FHA) subsidized the mass production of suburbs, but would not guarantee loans to blacks.
By the 1950s, government policies had depopulated central cities of whites, and blacks replaced whites in public housing projects, like St. Louis' infamous Pruitt-Igoe towers.
It wasn't just housing policy. Rothstein writes that government support of a segregated labor market supplemented racist housing policies, and "prevented most African-American families from acquiring the economic strength to move into middle class neighborhoods," even if they'd been allowed to.
Again, the economic consequences are still with us, as Sherrliyn Ifill pointed out during EPI's "The Making of Ferguson" forum.
None of this is likely to be discussed in the event of unrest after the Ferguson grand jury's decision is announced. It was once well-known history, but it has been conveniently forgotten in favor of easy answers that blame "white flight" and a "culture of poverty" for the disparities that led to despair that exploded into outrage on the streets of Ferguson.
Preparing for outrage and injustice will not save Ferguson, or prevent the next city that's "one dead black teenager away" from becoming "the next Ferguson." Nor will, for that matter, an indictment. Nothing will truly prevent "the next Ferguson" until we decide to prepare for justice, by undoing the damage done by decades of policies that went into the making of Ferguson, and cities like it across the country.
Update 3:15 PM (EST): Missouri Governor Issues State of Emergency Order in Ferguson Ahead of Indictment Decision
Missouri Governor Jay Nixon on Monday issued an Executive Order declaring a State of Emergency in Ferguson, Missouri.
"Regardless of the outcomes of federal and state criminal investigations, there is the possibility of expanded unrest," Nixon declares, citing the pending announcement over the indictment of Ferguson police officer Darren Wilson for the shooting death of black teenager Michael Brown.
The order, which lasts for thirty days, directs that the "St. Louis County Police Department shall have command and operational control over security in the City of Ferguson relating to areas of protests, acts of civil disobedience and conduct otherwise arising from such activities."
Further, it opens the doors for the U.S. National Guard to be called in at any time in order to "take such action and employ such equipment as may be necessary to carry out requests processed through the Missouri State Highway Patrol and ordered by the Governor of the state to protect life and property and support civilian authorities."
Organizers and community members have called for a peaceful response should the no-indictment ruling come. However, as observers note, this preemptive move by Nixon sets the stage for a strong police crackdown to any community response to the grand jury decision.
Earlier 11:30 AM (EST): In Ferguson, A Community Braces for 'System Failure'
Expressing little hope in the U.S. system of justice, the community of Ferguson is bracing for the fallout if Ferguson police officer Darren Wilson is not indicted for the shooting death of unarmed black teenager Michael Brown in August of this year.
A video communique released on Sunday by local activists and organizers shows a community prepared for the worst, with boarded up shops, spray painted with signs that read: "Open for Business. Ferguson Proud. Pray for Peace and Progress." A grand jury is expected to hand down their decision any day.
"All these preparations are being made with the expectation that a system that's supposed to work for everyone is going to fail, once again, for black people in America," says one of the interviewees. Put forth by the local group HandsUpUnited.org, the video features exclusive interviews with a wide cross-section of community members, organizers and Ferguson residents, including Mayor James Knowles III.
Sunday marked 100 days since 18-year-old Michael Brown was shot at close range by Wilson and left dead in the street for over four hours, spurring months of widespread protests and outrage. The violent police response to the largely peaceful demonstrations further ignited the community's call for an overhaul of what they say is a deeply prejudiced system, as well as for justice for Michael Brown.
While activists are calling for a peaceful response, St. Louis police have indicated that they are preparing for a battle. Missouri Governor Jay Nixon said last week that the Missouri National Guard was part of the state's "multiforce contingency plan" in order to "support local law enforcement" in the wake of the announcement.
On-the-ground organizers are accepting donations for goods, such as blankets and food, for community "sanctuary spaces" and are distributing protest information including "Rules of Engagement" should the no-indictment ruling come.
"Nobody's asking for Darren Wilson to be killed. Nobody's asking for him to be shot in the street. Nobody's asking for him to be strung up--like we have been for every decade in every century that we've been here," activist and actor Jesse Williams said in the comminque. "We're asking for him to be charged for the crime that he committed in front of witnesses."
The activists portrayed in the video say that the interesting thing about Ferguson is that it's "nothing unique. Cops kill black people." The difference is that "Ferguson decided they had enough."
"No indictment is a declaration of war," added artist and HandsUpUnited.org cofounder Tef Poe, "from the state, from the police, from the system itself issued to black and brown oppressed people, poor people of all creeds."
On Friday, the St. Louis Post Dispatch reported new details of police audio recordings which showed that Brown had been killed only 61 seconds after Wilson had told the dispatcher he had stopped Brown and a friend. According to an attorney for Brown's family, the recording demonstrates that Brown's shooting "had nothing to do" with an earlier convenience store robbery, which Wilson and the Ferguson Police Department had alleged that Wilson was responding to.
Ferguson Police Chief Tom Jackson on Thursday issued a video apology to the family of Michael Brown, the unarmed teenager who was killed by Officer Darren Wilson on August 9, while continuing to ignore residents' repeated calls for his resignation.
Jackson also walked briefly on Thursday night with protesters who have been marching against police brutality--and demanding Wilson's arrest--for more than six weeks. Despite his presence at the demonstration, however, several protesters were arrested in the early hours of Friday morning. Video footage of the march shows officers violently placing at least one woman in custody who had been marching side by side with Jackson before he was led away by a police escort.
Ferguson organizers, including a lawyer and a civil rights leader who had participated in the march, on Friday published an open letter reflecting on the recent events.
"The video did more harm than good," the letter stated. "The apology was 48 days too late, should have occurred in person, and should have been authentic and heartfelt. A 6 week old scripted video is unacceptable and disrespects the depth of pain in this community."
Police officers on Thursday night "kicked, grabbed, shoved, and hit peaceful protestors with their hands and batons," the letter continues. "Seven peaceful, lawful protestors were arrested," at least one of whom was denied medical treatment.
In his video, Jackson apologized to the Brown family for allowing their son's body to be left in the street for four hours--by claiming that it was a necessary investigation procedure.
"No one who has not experienced the loss of a child can understand what you're feeling," Jackson said. "I am truly sorry for the loss of your son. I'm also sorry that it took so long to remove Michael from the street. The time that it took involved very important work on the part of investigators who were trying to collect evidence and gain a true picture of what happened that day."
The video was produced by the Devin James Group, a public relations firm recently hired by the city of Ferguson. However, the group recently ran into its own troubling publicity, when it was revealed this week that its founder, Devin James, had served time in prison for reckless homicide after he was convicted of killing an unarmed man. James was fired by the city after the information became public, but protesters noted that officials were aware of his background before bringing him on board--and that their decision to fire him immediately demonstrated a continued "lack of integrity" on the part of city leaders.
"[T]he City of Ferguson knew about this previous conviction but hired him in an attempt to 'give Mr. James a second chance'," the open letter stated. "In a world where African American men are systematically placed into the criminal justice system and then denied employment based on past charges, we actually applaud the thought of city 's original intent in hiring Mr. James... firing Mr. James once the news of his previous conviction came to public attention, despite knowing of this record before hiring him, is yet another example of the lack of integrity and sense of honor in City leadership."
"We can only suspect that the City of Ferguson planned to hide this information from the public--another cover-up and an intentional pattern of secrecy displayed by City leadership," they wrote.
Jackson's apology follows Missouri Highway Patrol Captain Ron Johnson's recent claim that protesters had injured police officers during a protest after a memorial to Michael Brown was burned down Tuesday. "This behavior will not be tolerated," Johnson told reporters at a press conference at the time. "If that means that officers will respond in riot gear, they will." The warning was a stark contrast from Johnson and the highway patrol's initial entry into the protests after the St. Louis County police force responded to peaceful actions in the early days of the protests with tanks and assault weapons, when the captain briefly became a symbol of calm and cooperation. He emphasized that police safety would take priority and said the burning of Brown's memorial was under investigation, but that he believed police were not responsible for the fire.
Jackson also told CNN that he had no plans to step down from his position, despite protesters calling for his resignation. He also said nothing about arresting Wilson, who has been on administrative leave since the shooting.
While protesters' demands have grown in scope since they began, Wilson's arrest has been their constant priority.
Jackson's apology video, released in full by the Associated Press, can be viewed below:
Ferguson Police Chief Apologizes to Brown FamilySubscribe for more Breaking News: https://smarturl.it/AssociatedPress Ferguson Police Chief Tom Jackson has issued a video ...