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"An ICE agent shot Silverio dead," said Chicago's Rep. Delia Ramirez. "DHS lied about what happened."
Local police body camera footage released Monday has further called into question the government's justification for an Immigration and Customs Enforcement agent's fatal shooting of Silverio Villegas-Gonzalez, a 38-year-old father of two, in the Chicago suburb of Franklin Park on September 12 during a traffic stop.
In a statement justifying the shooting, the Department of Homeland Security (DHS) said that Villegas-Gonzalez “refused to follow law enforcement’s commands and drove his car at law enforcement officers. One of the ICE officers was hit by the car and dragged a significant distance. Fearing for his own life, the officer fired his weapon.”
Video footage of the incident recorded by local businesses had already raised doubts about the government's version of events, showing that Villegas-Gonzalez had not initially driven his car forward toward the agents, but that one of them had instead grabbed ahold of his window frame as he attempted to reverse.
Federal law enforcement's refusal to provide information on the shooting has raised further suspicion, leading Illinois Gov. JB Pritzker (D) and groups like Human Rights Watch to call for independent investigations.
The ICE agents who conducted the arrest were not wearing body cameras at the scene after the Trump administration scrapped a policy requiring them.
According to Belkis Wille, the associate director of the Human Rights Watch’s crisis, conflict, and arms division, who wrote about the shooting last week, “law enforcement officers can only use lethal force when an individual poses an imminent danger of death or serious physical injury to the officer or another person.”
But the body camera footage from a Franklin Park police officer who responded to the scene, obtained by the Chicago Sun-Times, has cast doubt on DHS's claims that one of the agents involved in the shooting had been severely injured.
(Video: Chicago Sun-Times)
In the video, the injured agent is shown with a large hole in his blue jeans, revealing a scraped knee. Over the radio, the other agent is heard explaining to police that his partner had suffered "a left knee injury and some lacerations to his hands.”
The injured agent said it was "Nothing major,” and his partner reiterated: “Nothing major."
Later, after his partner was taken to the hospital in an ambulance, the other agent was heard explaining: "I think we’re good, man. Just shooken up a little."
This video footage directly contradicts the description of events presented by DHS, that the agent “sustained multiple injuries” and was “seriously injured” by Villegas-Gonzalez's car.
Democratic Rep. Delia Ramirez, a Chicago native, reacted to the video on social media: "An ICE agent shot Silverio dead. DHS lied about what happened."
"There needs to be a full, thorough investigation into what happened that morning," she added. "All camera footage must be released. And [Secretary of Homeland Security Kristi] Noem must come to the committee and account for ICE's unlawfulness and lies."
"What about what you just saw could ever be confused as, 'He got out of the car and lunged at police officers'?" asked a lawyer for the victim's family. "That was an out-and-out, flat-out lie."
Philadelphia's police commissioner said Wednesday that she intends to fire the officer who fatally shot a man in his car earlier this month—an incident in which new video footage of the killing confirmed that police lied about the circumstances of the deadly encounter.
Commissioner Danielle Outlaw said that Officer Mark Dial will be suspended with intent to terminate in 30 days, citing alleged violations of the Philadelphia Police Department (PPD) disciplinary code, including insubordination and conduct unbecoming for failure to cooperate in a departmental investigation into the August 14 shooting of 27-year-old Eddie Irizarry.
Following the incident, PPD Public Affairs Cpl. Jasmine Reilly told reporters that Irizarry stepped out of his Toyota Corolla—which police approached after observing alleged erratic driving—and "lunged at the officers... with a knife."
However, surveillance video from a camera on a nearby home released Tuesday shows Dial and his partner exiting their cruiser, drawing their guns, and approaching Irizarry's parked car.
"He's got a fucking knife," one of the officers yells in the footage.
Dial then shouts, "I will fucking shoot you" as he runs to the driver's side door before firing his pistol through the closed window and windshield.
The officers are also heard repeatedly saying, "show me your hands" while aiming their weapons at the vehicle. One of the officers then fires six shots at the car a few seconds later.
Police said Officer Dial fired "multiple times" and that Irizarry was hit "several" times. Irizarry's family said that he was shot six times, which is consistent with what's shown in the surveillance video.
The officers subsequently rushed Irizarry to a local hospital, where he died a short time later. Outlaw said that two knives were found in his car, but it is unclear whether he was holding either of them.
Outlaw already acknowledged during an August 16 press conference that "the body-worn camera footage made it very clear what we initially reported was not actually what happened."
Fraternal Order of Police lawyer Fortunato Perri said in a statement that Dial "has the full support" of the organization "as we continue to review the facts and circumstances surrounding this tragic incident."
Responding to the new footage, Irizarry's family attorney, Shaka Johnson, said: "What about what you just saw could ever be confused as, 'He got out of the car and lunged at police officers?' That was an out-and-out, flat-out lie."
"In my view," Johnson added, "this is a crime against humanity, to be perfectly truthful."
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.