

SUBSCRIBE TO OUR FREE NEWSLETTER
Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.
5
#000000
#FFFFFF
To donate by check, phone, or other method, see our More Ways to Give page.


Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.
"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.
Tensions are boiling after police in Chicago shot and killed two more people over Christmas weekend.
Responding to a domestic disturbance at a West Side residence on Saturday, officers fatally shot Quintonio LeGrier, 19, and Bettie Jones, 55, authorities said.
Family members reportedly called police to their home Saturday because LeGrier, who had struggled with mental health issues, was threatening his father with a baseball bat. His father called his downstairs neighbor, Jones, to open the door when officers arrived. According to local station WLS,"[i]t is not clear whether Jones had even finished opening up the door for them when officers fired at LeGrier who was charging down the stairs still carrying the bat."
In a press release issued late Saturday night, Chicago Police Department interim Superintendent John Escalante admitted that Jones--a community activist and mother of five--was an innocent victim who was hit by an errant police bullet.
Autopsy findings released Sunday by the Cook County medical examiner's office say Jones died from a gunshot to the chest and LeGrier, an engineering student at Northern Illinois University, home for the holidays, from multiple gunshot wounds.
"You call for help, and the police are supposed to serve us and protect us, and yet they take the lives," LeGrier's mother Janet Cooksey said on Sunday. "What's wrong with that picture? It's a badge to kill?"
"I would grieve for other mothers, other family members; now I'm grieving for myself," said Cooksey. "When does it come to an end?"
The latest shootings come amid public outcry over the 2014 police killing of unarmed black 17-year-old Laquan McDonald, whose death is shown on dash-cam footage that was released a full 400 days after the incident. The mishandling of McDonald's case reinvigorated outrage over police misconduct and lack of accountability for city officials--especially Mayor Rahm Emanuel.
The McDonald incident has also sparked a federal civil rights investigation that will look into patterns of racial disparity in the use of force, how the department disciplines officers, and handles misconduct accusations.
At a vigil held outside the residence on Sunday, calls resounded for Emanuel to answer for the police killings. Several people wore t-shirts that read, "Rahm failed us."
"This has to stop, and this has to stop now," Ja'Mal Green, who has been a leader in the protests in the wake of the McDonald video release, told the Chicago Tribune. "We need to put more pressure on leaders to change the CPD culture in our neighborhoods finally, and to change how the police act toward us finally."
Green said of Emanuel: "You failed us before, but now's your time to stand up or step down."
Emanuel, for his part, has called on the Police Department and the Independent Police Review Authority, which investigates shootings like Saturday's, to immediately review "crisis intervention team" training that guides officers on how to handle calls involving mental health crises and determine how to fix deficiencies in that training.
In addition, Escalante on Saturday announced a policy change that all officers involved in shootings will be shifted to mandatory administrative duty, returning to their assigned bureau for desk duty for 30 days. The new policy includes the officer or officers involved in Saturday's shooting, according to a police statement.
Yet another rally calling for Emanuel's resignation is planned for Thursday night. The call to action cites the most recent shootings, reading in part:
The mayor is clearly not serious about reforming his office and the Chicago Police Department and the apartheid system of justice that results in the disproportionate death, torture and abuse of citizens of color.
If he were, he would understand that suppressing the video of the police murder of McDonald to protect his re-election chances is an unforgivable act on the part of an elected official. If he were, he would understand that State's Attorney Anita Alvarez delay in pursuing justice for McDonald's death is justice denied. If he were, we wouldn't have lost two more lives of Bettie Jones and Quintonio LeGreir.
"The problem for the mayor is that this isn't going away," Rev. Marshall E. Hatch, who held a private meeting with Emanuel earlier this month, told the New York Times on Sunday. "Every shooting, every unpopular decision, it's all going to be very problematic for him."
One-quarter of the men and women shot and killed by police in the first six months of 2015 were "in the throes of mental or emotional crisis," according to a new analysis published by the Washington Post on Tuesday, suggesting that law enforcement officers lack training on how to deal with the mentally ill.
"On average, police shot and killed someone who was in mental crisis every 36 hours in the first six months of this year," write journalists Wesley Lowery, Kimberly Kindy, and Keith L. Alexander.
Responding to a dearth of federal data on such killings, the Post is compiling a database of every fatal shooting in the United States by a police officer in the line of duty in 2015, along with details about each incident--including the race of the deceased, the circumstances of the shooting, and whether the person was armed--sourced from local news reports and independent databases, such as Killed by Police and Fatal Encounters.
The Post database shows that in the first six months of this year, 461 people have been shot to death by police--including 123 killings "in which the mental health of the victim appeared to play a role, either because the person expressed suicidal intentions or because police or family members confirmed a history of mental illness," the Post reports.
The analysis continues:
Nearly a dozen of the mentally distraught people killed were military veterans, many of them suffering from post-traumatic stress disorder as a result of their service, according to police or family members. Another was a former California Highway Patrol officer who had been forced into retirement after enduring a severe beating during a traffic stop that left him suffering from depression and PTSD.
And in 45 cases, police were called to help someone get medical treatment, or after the person had tried and failed to get treatment on his own.
For example, Common Dreams reported earlier this year on the shooting death of a homeless and mentally ill man in Los Angeles, who news outlets said had been living in a tent on Skid Row for a few months after spending a long stretch in a mental health facility. "That man never was a threat," one witness told the Los Angeles Times. "The amount of officers present at the time could have subdued him."
In interviews, the Post reports, current and former police chiefs cited insufficient or inappropriate training as well as "severe budget cuts for psychiatric services" as reasons for the deadly encounters.
"This a national crisis," Chuck Wexler, executive director of the Police Executive Research Forum, told the Post. "We have to get American police to rethink how they handle encounters with the mentally ill. Training has to change."
Read the entire Post analysis here.
Police kill a lot of unarmed people. So far in 2015, as many as 100 unarmed people have been killed by police. Here are fifteen of the most outrageous reasons given by police to justify killing unarmed people in the last twelve months.
First, a bit of background. So far in 2015, there have been around 400 fatal police shootings already; one in six of those killings, 16 percent, were of unarmed people, 49 had no weapon at all and 13 had toys, according to the Washington Post. Of the police killings this year less than 1 percent have resulted in the officer being charged with a crime. The Guardian did a study which included killings by Tasers and found 102 people killed by police so far in 2015 were unarmed and that unarmed Black people are twice as likely to be killed by police as whites.
One. He was Dancing in the Street and Walking with a Purpose. On June 9, 2015 an unarmed man, Ryan Bollinger, was shot by police in Des Moines after "walking with a purpose" towards the police car after he exited his vehicle after a low speed chase started when he was observed dancing in the street and behaving erratically. The deceased was shot by the police through the rolled up cruiser window. The murder is under investigation.
Two. Thought It Was My Taser. An unarmed man, Eric Harris, ran from the police in Tulsa Oklahoma on April 2, 2015. After he was shot in the back by a Taser by one officer and was on the ground, another 73 year old volunteer reserve officer shot and killed him, all captured by video. While dying he was yelling that he was losing his breath, to which one of the officers responded "F*ck your breath." The police said the officer thought he was shooting his Taser and "inadvertently discharged his service weapon." The officer has been charged with second degree manslaughter. Running away from the police so often provokes police overreaction that the aggressive police response has several names including the "foot tax" and the "running tax."
Three. Naked Man Refused to Stop. A naked unarmed mentally ill Air Force Afghanistan veteran, Anthony Hill, was shot and killed March 9, 2015 by DeKalb County Georgia police after police said he refused an order to stop. The killing is under investigation.
Four. Not Going to Say. On March 6, 2015 Aurora Colorado police shot and killed unarmed Naeschylus Vinzant while taking him into custody. For the last three months, while the investigation into the killing continues, the police have refused to say what compelled the officer to shoot Vinzant.
Five. Five Police Felt Threatened by One Unarmed Homeless Man. March 1, 2015 Los Angeles police shot and killed an unarmed homeless man Charly Leundeu Keunang after five officers went to his tent and struggled with him. One unarmed homeless man threatened five armed LAPD officers? Los Angeles police have killed about one person a week since 2000. An investigation is ongoing.
Six. My Taser Didn't Work. On February 23, 2015, an unarmed man, Daniel Elrod, was shot twice in the back and once in the shoulder and killed by Omaha Nebraska police after he tried to climb a tree and jump a fence to escape police who suspected him of robbery. Police said their Taser did not work, he ignored their demands to get down on the ground, he did not show his hands, and they felt threatened. Video was not made available and the officer later resigned. This was the second person this officer killed. No criminal charges were filed.
Seven. Armed with a Broom. Lavall Hall's mother called the police in Miami Gardens February 15, 2015 and asked for help for her son who was mentally ill. Lavall Hall, five foot four inches tall, walked outside with a broom and was later shot and killed by police who said he failed to comply with instructions and engaged them with an object. The killing is still under investigation.
Eight. Throwing Rocks. On February 10, 2015 an unarmed man, Antonio Zambrano-Montes, was fired at 17 times and killed by police in Kennewick, Washington. A video of his killing has been viewed more than 2 million times. Officers said he had been throwing rocks at cars, ran away and then turned around.
Nine. Taser Worked but He Didn't Stop Moving. On February 2, 2015, a Hummelstown Pennsylvania police officer shot unarmed David Kassick in the back with a Taser and when Kassick went to the ground on his stomach, then shot him twice with her gun in the back, killing him. The officer said Kassick, who was running away from a traffic stop, was told to show his hands and not move but continued to try to remove the Taser prongs from his back and the officer thought he was reaching for a gun. The officer has been charged with homicide.
Ten. Car going 11 Miles an Hour was going to Kill Me. Denver police fired 8 times at unarmed Jessica Hernandez, 17, who was killed January 16 after being hit by four bullets. The police said she drove too close to them when she was trying to get away and may have tried to run them down as she tried to drive away so they shot into the windshield and driver's windows. The police said the car may have reached 11 miles per hour in the 16 feet it traveled before hitting a fence. The police were not charged.
Eleven. Armed with a Spoon. Dennis Grigsby, an unarmed mentally ill man holding a soup spoon, was shot in the chest and killed in a neighbor's garage by Texarkana Police December 15, 2015. The killing is under investigation.
Twelve. Armed with Prescription Bottle. Rumain Brisbon, a 34 year old unarmed man, was shot twice and killed by police in Phoenix on December 2, 2014, after he ran away, was caught and was in a struggle with the officer who mistook a prescription pill bottle in Brisbon's pocket for a gun. The police officer was not charged.
Thirteen. It Was an Accident. On November 20, 2014, a New York City police officer fired into a stairwell and killed unarmed Akai Gurley. The officer, who was charged with manslaughter, is expected to say he accidently fired his gun.
Fourteen. Don't Mention It. On November 12, 2014, an unarmed handcuffed inmate was shot multiple times in the head, neck, chest and arms by officers while fighting with another handcuffed inmate in the High Desert State Prison in Carson City Nevada. His family was not told and did not know he had been shot until three days later when they claimed his body at a mortuary.
Fifteen. Armed with Toy Gun. John Crawford was unarmed in a Walmart store in Beavercreek Ohio on August 4, 2014, when he picked up an unloaded BB gun. When officers arrived they say they ordered him to put down the gun and started shooting, hitting him at least twice and killing Mr. Crawford. In a widely viewed video Mr. Crawford can be seeing dropping the BB gun, running away and being shot while unarmed. Likewise, Cleveland police shot and killed an unarmed 12 year old boy, Tamir Rice, who was playing with a toy pellet gun on November 22, 2014. Police said they shouted verbal commands from inside their vehicle in the two seconds before they shot him twice. In both these cases, the police story of shouting warnings and orders looks quite iffy at best.
These are the responses of police authorities who face less than one chance in a hundred of being charged when they kill people, even unarmed people. These outrages demand massive change in the way lethal force is used, reported, justified and prosecuted.
Each of the 50 United States has failed to comply with international standards on police use of lethal force, a reality that threatens lives, poses grave human rights concerns, perpetuates institutional racism, and requires immediate reform, a new report by Amnesty International published Thursday has found.
Moreover, the limited available statistics on police killings of civilians, as well as recent high-profile shootings of unarmed black men and women around the country, exposes "a widespread pattern of racially discriminatory treatment by law enforcement officers and an alarming use of lethal force nationwide."
"Police have a fundamental obligation to protect human life. Deadly force must be reserved as a method of absolute last resort," said Steven W. Hawkins, executive director of Amnesty International USA. "The fact that absolutely no state laws conform to this standard is deeply disturbing and raises serious human rights concerns."
In Deadly Force: Police Use of Lethal Force in the United States (pdf), researchers reviewed U.S. Supreme Court decisions, guidelines on deadly force as issued by the U.S. Justice Department, and available statistical data on fatal encounters, which led to one stark conclusion:
The United States has failed to respect and protect the right to life by failing to ensure that domestic legislation meets international human rights law and standards on the use of lethal force by law enforcement officers.
What is needed now, according to Amnesty, is an immediate overhaul of policing practices and standards at both the state and federal levels to ensure that use of lethal force is restricted in compliance with international law. In addition, the organization recommends that statistics on police shootings be collected and published by the Justice Department; that accountability and oversight for the use of lethal force be enforced; and that the Police Reporting Information, Data, and Evidence (PRIDE) Act and the End Racial Profiling Act be passed into law.
Basic principles on the use of force and firearms by law enforcement, as dictated by the International Covenant on Civil and Political Rights, ratified by the U.S. in 1992, state that "lethal use of firearms may only be made when strictly unavoidable in order to protect life," the report notes.
"Reform is needed and it is needed and it is needed immediately. Lives are at stake."
Stephen W. Hawkins, Amnesty International USA
Every U.S. state, as well as Washington, D.C., fail in this regard, Amnesty found. Thirteen states do not even comply with "the lower standards set by U.S. constitutional law" on the use of police deadly force, while nine states and Washington, D.C. currently have zero laws on the issue.
Those states include Maryland, Wisconsin, Massachusetts, Michigan, Ohio, South Carolina, Virginia, West Virginia, and Wyoming.
But enforcing guidelines on use of deadly force should not simply allow law enforcement to fall back on methods considered "less lethal" than firearms, such as Tasers or physical force, Amnesty states: "International standards also emphasize the need for law enforcement to use other means before resorting to the use of force, and to be trained in alternatives to the use of force, including the peaceful settlement of conflicts, understanding of crowd behavior, and skills of persuasion, negotiation and mediation."
Domestic laws worldwide must comply with international standards, the United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions Christof Heyns said in a 2014 report, cited by Amnesty. "It is too late to attend to this when tensions rise."
Thursday's report comes just weeks after President Barack Obama's Task Force on 21st Century Policing released its findings on law enforcement in the U.S. and recommendations on reforming it.
That task force concluded:
Paramount among the policies of law enforcement organizations are those controlling use of force. Not only should there be policies for deadly and nondeadly uses of force but a clearly stated 'sanctity of life' philosophy must also be in the forefront of every officer's mind. This way of thinking should be accompanied by rigorous practical ongoing training in an atmosphere of non-judgmental and safe sharing of views with fellow officers about how they behaved in use of force situations.
Amnesty's report also lists a number of recent high-profile cases to illustrate how police killings span age, gender, and method--but disproportionately target black and brown communities.
There was Michael Brown, 18, of Ferguson, Missouri. There was Kajieme Powell, 25, of St. Louis, Missouri--just 10 days later. There was Rekia Boyd, 22, of Chicago, Illinois. Eric Garner, 43, of Long Island, New York. Ezell Ford, 25, of Los Angeles, California. Tamir Rice, 12, of Cleveland, Ohio. Walter Scott, 50, of North Charleston, South Carolina. And Freddie Gray, 25, of Baltimore, Maryland.
"These are all cases that have received national media attention; however, there are many more including Hispanic and Indigenous individuals from communities across the country who have died at the hands of the police," the report states.
"Reform is needed and it is needed immediately," Hawkins added. "Lives are at stake."
A judge in Cleveland on Thursday found probable cause that police officer Timothy Loehmann should face murder, involuntary manslaughter, reckless homicide, negligent homicide, and dereliction of duty charges in the shooting death of 12-year-old Tamir Rice last November. The judge also ruled that probable cause exists to charge Loehmann's partner, Officer Frank Garmback, with negligent homicide and dereliction of duty.
However, Judge Ronald B. Adrine, presiding judge of the Municipal Court, said he did not have the power to order the officers' arrests without complaints being filed by a prosecutor.
The ruling came after a group of activists and community leaders--the 'Cleveland 8'--on Tuesday asked the court to have the officers arrested under a rarely used Ohio law that allows "a private citizen knowing the facts" to start the process by filing an affidavit with a court. They argued that the widely seen video of an officer killing Tamir while he played with a toy gun in a park had given nearly everyone knowledge of the facts.
NBC News reports that "In his 10-page ruling, Adrine called the video 'hard to watch,' saying he was 'thunderstruck by how quickly this turned deadly.'"
Adrine also noted how long Tamir was left to lie wounded on the ground with no indication that anyone was trying to help him.
"It is difficult to discern, because of the quality of the tape, what, if any, first aid anyone renders to Rice during these eight minutes," Adrine wrote. "Nearly fourteen minutes ultimately expire between the time that Tamir is shot and the time that he is removed from the park."
In response to the ruling, county prosecutor Timothy J. McGinty issued what the New York Times described as a "terse statement indicating that he would not be rushed into filing a criminal complaint."
That statement read: "This case, as with all other fatal use-of-deadly-force cases involving law enforcement officers, will go to the grand jury. That has been the policy of this office since I was elected. Ultimately, the grand jury decides whether police officers are charged or not charged."
Tamir's family, through attorney Walter Madison, called the ruling a "historic" victory. They released a statement that read:
The family of Tamir Rice is appreciative of their attorneys, Walter Madison, Benjamin Crump and Daryl Parks along with the efforts of the "Cleveland 8" who exercised civility and intellect by invoking Ohio Citizen Participation laws Tuesday to effectuate arrests of the officers responsible for the shooting death of 12-year-old Tamir Rice.
The "Cleveland 8" has provided a blueprint for the nation to follow in addressing many of the relationship problems between African-Americans and Law Enforcement.
Judge Ronald Adrine heard the pleas of the Cleveland 8, took into consideration the affidavits provided and determined there was probable cause to issue a warrant for Officers Loehmann and Garmback. We are grateful that the wheels of justice are starting to turn.
Cleveland's Plain Dealer explains that "the court filings were a move to force the judicial system to quickly confront the case."
Progress has been sluggish thus far. Earlier this month, the Cuyahoga County Sheriff's Department forwarded its investigation of the shooting to the prosecutor's office last week after a six-month investigation. Now, the prosecutor's office will review the case, conduct additional investigations if needed, and present the facts to experts for feedback before delivering the evidence to a grand jury. That process could take weeks or months.
At the end of May, the U.S. Department of Justice announced a settlement with the city and its police department following a deeply critical investigation that found an unconstitutional "pattern or practice of the use of excessive force."
"If those were my sons, somebody would have to post my bail money."
That was my first thought when I watched the now-viral video of white police officers--allegedly responding to disturbances at a private pool party in McKinney, Texas--throwing black teenage boys to the ground and handcuffing them.
"If those were my sons, somebody would have to post my bail money."
That was my first thought when I watched the now-viral video of white police officers--allegedly responding to disturbances at a private pool party in McKinney, Texas--throwing black teenage boys to the ground and handcuffing them.
When, in the same video, I watched a white officer grab a 14-year-old black girl roughly by her hair and throw her facedown to the ground, before sitting his fully clothed, rotund body on her thin, bare back, my thoughts became even more intense.
"Ezell Ford and Oscar Grant were in similar positions when cops fatally shot them in the back. If that were my daughter, there would be some slow singing and flower bringing."
Clearly, these are visceral reactions and not the "We-shall-overcome-let-Jesus-and-justice-handle-it" way that black people are expected to respond to state-sanctioned violence against our children, but black rage is inevitable in the face of anti-black racism. And right now? That's all I got.
Yes, it was painful to watch the boys restrained in handcuffs. One boy even appeared to be bleeding from his mouth, though whatever happened to cause that injury happened off-camera. Still, it is the young girl, forced by her hair to the ground as she screamed for her mother, that chilled me the most. It's the pleasure the white officer seemed to take from exerting power over her black body--as adult men, both black and white, stood by and did nothing--that enraged me.
It is the thought of Daniel Holtzclaw, the former Oklahoma City police officer accused of sexually assaulting eight black women while on duty--and what the officer in this case possibly does to young black women when the cameras aren't rolling--that made me sick to my stomach.
There are various accounts at this point. There's what the McKinney Police Department had to say, both on Facebook and in a hasty press conference. At this point, though, in the aftermath of the extrajudicial killings of Freddie Gray, Eric Garner, Tamir Rice, John Crawford and Walter Scott, most of us know that any words coming from police should be considered lies by default until visual proof is provided that corroborates their version of events.
Then there's the statement that teens in attendance at the pool party gave to Buzzfeed News. They insist that white adults in the neighborhood where the party was being held called them racial slurs and told them to go back to their "Section 8" housing. In a video posted to YouTube, Tatiana Rhodes said that she was not only called names, but was also assaulted by two white women after she checked them on their racist language.
Outside of the warring description of events given by the teens and the police officers--$5 will get you $10 if you can guess which version of events I believe--this is what we know to be true:
* Only the black teens (as shown in the video) were assaulted, restrained and treated like wayward chattel in need of physical discipline. The white teens are walking around freely.
* At least two white teens literally argue over who can return a dropped flashlight to an officer while their black "friends" are simultaneously being thrown to the ground.
* As the white teens gleefully approach, one of the officers greets them with a jaunty, "What's up, man?" When they hand him the flashlight, he responds with a kind, "Thank you."
* As a white girl on the scene insists that they had nothing to do with any problems--"It was those guys"--Officer Friendly responds, "OK, guys, I appreciate you. They're free to go."
* At the video's conclusion, only black children have been violated.
This is further evidence that our children are positioned on a seesaw of white hypocrisy and black respectability on the derelict playground of American racism. From pulpits and bully pulpits in congregations and constituencies across this country, black people are preached to about our so-called pathology, while white privilege remains as protected as Josh Duggar in the state of Arkansas.
This white supremacist infrastructure is constructed to keep our children gridlocked while their white counterparts cruise on by in the high-occupancy vehicle lane. And at each checkpoint, there are monsters in uniform who will desecrate their black flesh and tap dance on their bones without giving it a minute's thought.
Over the last few months, I've written quite a bit about implicit and explicit racial bias. I've discussed the ways in which police officers instinctively dehumanize black children on sight and treat them accordingly. Black parents live with the knowledge that our children are perceived as increasingly dangerous threats the closer they are in proximity to whiteness. This is true even when it's their lives that are often at risk.
"Children in most societies are considered to be in a distinct group with characteristics such as innocence and the need for protection," said Phillip Atiba Goff, Ph.D., of the University of California, Los Angeles, in his study, "The Essence of Innocence: Consequences of Dehumanizing Black Children." (pdf) The study gauged white police officers' prejudice and unconscious dehumanization of black people by comparing them to apes.
According to Goff, "Our research found that black boys can be seen as responsible for their actions at an age when white boys still benefit from the assumption that children are essentially innocent."
The same is true for black girls, quiet as it's kept.
This is why "f--k the police" is a spiritual exorcism in some corners of black America--a mournful wail, an enraged scream that echoes through past generations as we recognize those sworn to protect us for the overseers they really are.
During his press conference, McKinney Police Chief Greg Conley said no one was injured, further proof that black pain is never entered into the equation. These children could have been killed at any moment for playing at what should have been labeled a "whites only" pool.
They know it; we know it. And the emotional and psychological injuries they endured will manifest in their lives for years to come.
What country fetishizes, lionizes, valorizes, idolizes, and sacralizes guns as much as does our United States? OK, possibly Mozambique--the only country with an AK47 on its flag, but really, it's long past time to end this obsessive "My Precious" attachment of Americans to instruments of death.
This morning, December 25, 2014, of the nine top stories from US Reuters, six were about shootings--four new ones and two about the national movement against shootings of citizens by police. This pandemic of sick violence, punctuated by mass killings of children, has gone on far far too long. It is long past time to repeal the stupid Second Amendment.
The fate of the Second Amendment should have been sealed when the US Supreme Court ruled in 2008 that past rulings by their predecessors were wrong, that in fact the amendment that provided for a "well regulated militia" really guaranteed every individual the right to own a gun. Wow. That is an interesting reading of the English language. What the Supremes have done is to not only warp the meaning and make it into twisted law, but to further prohibit states and local governments from declaring their places free of legal guns. The conservative court once again rules against the power of states, a principle that used to be associated with darn liberals who wanted to make sure everyone had the right to vote, for example, even though they weren't properly white enough. Now when a city or state wants to outlaw firearms, too bad. The conservatives took away their powers and rights in favor of Big Brother.
The only logical path, given the clearly decided role of the Second Amendment, is to repeal it. American people are tired of mass shootings and police shootings and family fued shootings and sibling shootings and accidental toddler shootings and teen suicide by gun (highly popular).We are exhausted by the proliferation of death, of threats, of bloodshed, and by the NRA/gun industry moral garbage spewing forth every time someone challenges the ubiquity of guns.
Repeal the Stupid Second Amendment. Surround it, grab it, bring it in the back room, pull down the shades, and end it. OK, petition for it, get it on the ballot, and get it done by enough of the US populace, by enough people in enough states, to get it consigned to the dustbin of history. Merry Christmas, people. Peace.