A Grand Jury decision is imminent in the Michael Brown shooting case in Ferguson, Missouri. For the past couple of weeks the media has been full of reports of how police departments in the St. Louis area are preparing for what they predict will be violent protests.
The general assumption is that Ferguson police officer, who killed Brown at about noon on August 9, will not be charged. The simple truth is that white police officer who kill black people are rarely charged and almost never convicted. Furthermore, the LA Times reports that law enforcement officers who kill citizens in Missouri are given “wide latitude.”
Missouri law provides wide latitude for police to use deadly force, particularly if the officer believes it’s necessary to protect his or her safety or the safety of others.
But that law might not shield Wilson. “If Michael Brown was trying to surrender at the time, that makes this defense not applicable,” Washington University law professor Peter Joy said. “So the question is: Was Michael Brown clearly trying to surrender at the time that the fatal gunshots were fired?”
Several witnesses who saw the shooting reported that Brown’s hands were in the air when Darren Wilson shot and killed him, but, as far as I can tell, most media sources recently have changed the narrative to the police version–not based on direct observation–in which Wilson supposedly feared for his life because the unarmed Brown “charged” at him after being hit with at least two bullets.
There is another investigation by the Justice Department into whether Darren Wilson violated Michael Brown’s civil rights, but
Joy said a federal indictment seemed unlikely, at least according to the publicly reported accounts of the shooting thus far.
“That would require that Officer Wilson intentionally planned or intentionally meant to violate the civil rights — that is, take the life of — Michael Brown because of his race,” Joy said.
The media narrative has gradually been revised since August, when we saw what were essentially police riots in which Ferguson and St. Louis police used military surplus equipment to control peaceful protesters and reporters and photographers who were covering events on the ground. Now we’re repeatedly being told that Brown was the aggressor, with the unwritten implication that he deserved to die. Back in August, some law enforcement officers threatened to kill protesters and even arrested numerous members of the media who were simply doing their jobs. But that’s all forgotten now. Now the corporate media appears to be fully behind the Ferguson and St. Louis police; and both the police and the media are preparing for what they expect–and apparently hope–will be violent and dangerous riots.
Since the Grand Jury decision may come very soon, I thought I’d gather the latest updates on this important story for today’s post. I’ll admit up front that I’m not an nonpartisan observer in this case.
First, the LA Times article I linked to above has a good summary of the two sides to the story of the shooting, Back Story: What happened in Michael Brown shooting in Ferguson, Mo.?
Also from the LA Times, a report of Missouri Governor Jay Nixon’s recent announcement about government preparations for what he apparently assumes will be riots, National Guard on call if Ferguson grand jury decision triggers violence.
The National Guard will be ready to assist law enforcement in Missouri if unrest erupts after a grand jury announces whether to indict a white police officer who fatally shot an unarmed black man in Ferguson, Gov. Jay Nixon announced Tuesday.
“Violence will not be tolerated,” Nixon said at a news conference with officials from the Missouri State Highway Patrol, St. Louis County police and St. Louis Metropolitan police. The governor said the agencies would form a unified command to deal with protests. “Residents and businesses of this region will be protected,” Nixon said….
Nixon said that the rights of peaceful protesters would be respected but that officials would have no tolerance for violent agitation. “Our dual pillars here are safety and speech,” Nixon said in the televised news conference from St. Louis. The National Guard, he said, would be available “when we determine it is necessary to support local law enforcement.”
Nixon added: “The world is watching.”
Nixon did not say whether there have been any efforts to diffuse anger on the part of local police officers or prevent more police overreactions to peaceful protests.
The story also quoted St. Louis police chief Jon Belmar.
“The community is on edge. … There is a large sense of anxiety out there. This is a little unprecedented,” St. Louis County Police Chief Jon Belmar told reporters in a televised news conference. Belmar added: “If you talk to chiefs around the country [as I have], they’re concerned and prepared for this to perhaps lap into their communities also.”
Gee, I wonder why? Could it be because police shootings of unarmed black men are so common in this country? Belmar also defended the use of military equipment to control protests.
Belmar defended the agency’s response by saying that such gear was necessary for his officers’ protection and pointed out that no protesters lost their lives during August’s demonstrations, which were occasionally marred by looting and gunshots. “My goodness, could we be that fortunate moving forward?” Belmar said of the absence of fatalities.
The St. Louis County Police Department has spent about $120,000 to replenish equipment such as shields, batons, tear gas and flex handcuffs after weeks of unrest in the aftermath of the shooting depleted supplies and damaged equipment.
Here are some recent examples of white policemen shooting unarmed black men:
The New Republic, A Dash Cam Didn’t Stop This White Officer From Shooting an Unarmed Black Man (fortunately, this officer was arrested and charged. Whether he’ll be convicted or not, we don’t know yet)
Mother Jones, August 13, 2014, 4 Unarmed Black Men Have Been Killed By Police in the Last Month.
Here’s piece on this subject by Washington Post columnist Jonathan Capehart, The terrifying police shootings of unarmed black men.
One of the burdens of being a black male is carrying the heavy weight of other people’s suspicions. One minute you’re going about your life, the next you could be pleading for it, if you’re lucky. That’s what happened to Trayvon Martin in February 2012 and Michael Brown last month. And two other recent shootings add further proof that no standard of conduct, it seems, is too good or too mundane to protect a black man’s life particularly from a police officer’s bullet.
John Crawford III was talking on his cell phone in the Beavercreek, Ohio, Wal-Mart and carrying an unloaded BB air rifle he picked up in the superstore on Aug. 5. “There is a gentleman walking around with a gun in the store,” Ronald Ritchie told the 911 operator. “Yeah, he’s, like, pointing at people….He’s looking around, waving it, waving it back and forth….He looked like he was trying to load it. I don’t know.” Fair warning: As the graphic video shows, Crawford was shot and killed by police. Ritchie has since changed his account of what happened.
You can watch the video at the link. Capehart also discusses the Brown case and the case in South Carolina (story linked above).
Levar Jones was pulled over for a seat-belt violation by now-former South Carolina state trooper Sean Groubert on Sept. 4. Thanks to the startling and graphic dashcam video we get to see every African American’s worst nightmare unfold in seconds….
Groubert asks Jones, “Can I see your license, please?” Jones, who was standing outside his car at the gas station convenience store, turned and reached inside to retrieve it. “Get out of the car! Get out of the car!” Groubert shouts before opening fire on Jones at point-blank range. After being hit in the hip, Jones can be seen moving backwards away from his car with his hands in the air as two more shots ring out.
Instead of using these recent cases to highlight and deal with the problem of police shootings of unarmed people, it seems that local and state governments like those in Missouri are simply doubling down on the people who protest them. I’m really concerned that all the talk of “riots” being inevitable in Ferguson is going to be a self-fulfilling prophecy.
Caitlin Dickson of The Daily Beast reports that at least one expert agrees with me: Riot Prep Could Fuel Ferguson Violence.
Despite a concerted police effort to quell demonstrations, protesters have carried on consistently and, for the most part, calmly since Brown’s death at the hands of police officer Darren Wilson this past August. But the impending grand jury decision on whether Wilson will be indicted in Brown’s death—and leaks of evidence suggesting he won’t—has law enforcement, residents, and business owners preparing for violence on the streets.
In addition to Missouri Governor Jay Nixon’s announcement on Tuesday that the Missouri State Highway Patrol, the St. Louis Metropolitan police, and the St. Louis County police will join forces (with the National Guard on standby) in handling demonstrations following the grand jury decision, almost every national news organization—from CNN to The New York Times, the Associated Press and Reuters—has reported that Ferguson residents and business owners have been taking matters into their own hands. Gun sales are up, local gun-shop owners told reporters. People like Dan McMullen, whose insurance agency is located near a spot where the few instances of vandalism and looting took place following Brown’s death, was quoted by both the New York Times and CNN as saying he’s stocking up on guns in case of a riot….
Despite Governor Nixon’s declarations that “violence will not be tolerated” and “residents and businesses of this region will be protected,” some experts wonder whether all the emphasis on preparedness—from the $120,000 spent by the St. Louis County Police on riot gear to the sudden demand for guns—may do more harm than good.
“I don’t think this is the way we should be thinking about what might happen,” American University professor Cathy Schneider told The Daily Beast. Instead, Schneider, who is an expert on social movements and racial tensions, argues that what we should be thinking about is, ‘how do we convince a community that the police will act to serve them, that the justice system will defend their interests, and that the verdict will be just?” [….]
“If one side is buying guns and preparing, what do you think the other people are doing, who think those guns are going to be used against them?” Schneider asked. Instead of acknowledging that Ferguson’s black community “is in pain and wondering whether justice will be done,” Schneider said, such intense preparation sends the message that “we think your community is dangerous and we’re armed and prepared to kill you.”
It also doesn’t help that Ferguson police chief Tom Jackson–who should have been fired by now–has announced that Darren Wilson, the man who killed Michael Brown, will be welcomed back to the local force if he isn’t indicted by the Grand Jury.
Here’s an excellent op-ed by Mary Sanchez of the Kansas City Star: The fire next time … may engulf Ferguson, Mo.
By every indication — from both the street and civic offices — Ferguson, Missouri is expected to blow.
The grand jury decision on whether a white police officer will be charged in the shooting death of an unarmed 18-year-old black man could come any day. Many are expecting no indictment of the officer, no criminal charges alleging that he went too far the day Michael Brown died.
If that’s the outcome, God help us all. Keeping the lid on the public reaction will be a gargantuan task.
Of course local leaders fed the outrage from the very beginning by trying to protect Darren Wilson and by leaving Michael Brown’s body lying exposed in the street for four hours.
Sanchez refers back to the riots in Los Angeles in 1965 as well as those in 1992 after the failure to indict police who beat Rodney King within an inch of his life. Why don’t government leaders deal with the root problems at work in these cases?
In Watts nearly 50 years ago the name was Marquette Frye, not Michael Brown. Frye, 21, was pulled over in a traffic stop, suspected of being drunk. When other family members arrived, a fight broke out with police. Word spread, alleging police had over-reacted.
For six days people rioted. There were 34 deaths, more than 1,000 people injured, $40 million in property damage and more than 1,000 buildings were destroyed.
In 1992, the person at the center was Rodney King. He’d led police on a high-speed car chase, fleeing after fearing that his probation would be revoked from a robbery conviction. When he finally was stopped, what happened next shocked the nation. The video of the officers assaulting King without mercy when they could have simply handcuffed him was played over and over on television.
When those officers weren’t indicted, the city erupted again. This time, 53 people died, more than 2,000 were injured, the property damage was pegged at $1 billion and another 1,000 buildings were destroyed.
In both cases, commissions were formed and good people went to work unraveling how one incident could ignite such violence. The underlying causes were found to be similar despite the nearly 30 years that had passed: the burdens of poor education, lack of jobs, poverty, racial tensions, and inferior housing and transportation.
Sanchez goes on to recommend changes that local and state governments will most likely either ignore or respond to with lip service.
We’ve seen over the past several years that virulent racism is alive and well in this country, and we simply are not dealing with it.
This nation was founded on the enslavement of black people, and despite the civil rights struggles of the 1960s, efforts to desegregate schools, and affirmative action, black people are still treated as second class citizens by many Americans. A number of states have even instituted voter ID laws that essentially act as poll taxes did in the Jim Crow era to keep black people from voting, and the Supreme Court has affirmed the right of states to do this.
We are now on the verge of another flashpoint in the history of race conflicts in our country–the possibility of violence following a failure to punish Darren Wilson for essentially ignoring the humanity of black teenager Michael Brown.
When will it end?
A few more reads to check out if you’re interested:
St. Louis Post-Dispatch, Protesters prepare for the worst in Ferguson.
Fellowship of Reconciliation, Ferguson Under Indictment.
Juan Williams at Fox News, Are liberal news outlets begging for a race riot in Ferguson?
Michael Martinez at CNN, Ferguson case raises question: Where’s the data on officer-involved killings?
Christian Science Monitor, Ferguson verdict: Why St. Louis schools will know first.
AP via Boston Globe, Churches prepare for possible Ferguson unrest
What stories are you following today? Please post your thoughts and links in the comment thread, and have a great weekend.
I can’t stop thinking about the events in Ferguson, Missouri, and flashing back to similar iconic events in the 1960s. How far have we really come since the days of the Civil Rights Movement? Clearly, racism is alive and well in 2014, particularly in police departments around the country–and not just in the South. Will the disease of racism ever be wiped out in this country, or can we only hope to control it through great effort–with laws, education, organizing, and public demonstrations?
Ferguson citizens were forced to live through another night of chaos last night, and I’m convinced at this point that deliberate police actions are making things much worse. The man in charge, Captain Ron Johnson of the Missouri State Police is clearly being used as a pawn. He was set up to fail, and at this point he is simply putting a friendly face on an ugly show of force intended to intimidate protesters and media alike. And he’s lying to make excuses for what has basically become a nightly police riot. I’ve been watching the live feed from Ferguson night after night, and I have yet to see any evidence of protesters throwing Molotov cocktails or attacking police (UPDATE: Dakinikat says there is one in the NYT video at this link.
Perhaps we’d know more about what is happening on the ground if new helicopters could fly over Ferguson, but police have ordered them not to, saying that only police helicopter can do so. Reporters and news photographers have been arrested and threatened with being maced or shot. Yesterday, as everyone here knows, police in St. Louis arrested 90-year-old Holocaust survivor Hedy Epstein. From The Independent UK:
Hedy Epstein, a 90-year-old survivor of the Holocaust, was reportedly among those arrested during protests in downtown St Louis as tensions flared over the death of black teenager Michael Brown in Ferguson.
Eight protesters were arrested for “failure to disperse” on Monday after marching from the Kiener Plaza to the Wainwright building where Governor Jay Nixon has an office, St Louis police confirmed on Twitter.
Ms Epstein was pictured being led away in handcuffs during demonstrations against the National Guard’s presence on the streets where clashes between protesters and authorities have been the most severe.
Ms Epstein, a resident of St Louis, is a political activist and speaker widely known for her vocal support of the Free Gaza Movement.
“I’ve been doing this since I was a teenager. I didn’t think I would have to do it when I was ninety,” Ms Epstein told The Nation as she was led away by police. “We need to stand up today so that people won’t have to do this when they’re 90.”
Yes, the protests have spread to St. Louis proper now, and people are gathering in many other cities to show solidarity with Ferguson. Also arrested yesterday was Getty Images photojournalist Scott Olson, who is responsible for many of the most dramatic photos from Ferguson since the protests began.
But I want to return to the subject of racism and dishonesty in the Ferguson Police Department. I think most people who have been paying attention to this story will agree that the Ferguson cops cannot be trusted at this point. Some history, from Michael Daly at The Daily Beast: Missouri Cops’ License to Kill.
The death of 18-year-old Michael Brown is not the first time an officer supervised by Ferguson Police Chief Tom Jackson has killed an unarmed man….
Back in 2000, two unarmed young men were shot and killed in a Jack in the Box parking lot in the suburban town of Berkeley adjacent to Ferguson by a pair of officers assigned to a county-wide drug task force where Jackson was deputy commander.
Early reports suggested that a vehicle occupied by Earl Murray and Ronald Beasley moved toward Officers Robert Piekutowski and Keith Kierzkowski, causing them to fear being pinned against another car.
Jackson, then a lieutenant with the St. Louis County Police, told reporters, “I am convinced that the officers were in fear of their lives, that they were in immediate danger.” ….
Subsequently, investigators decided that the car occupied by the two men had not in fact begun to move in their direction when the fatal shots were fired. The officers insisted they were in fear for their lives nonetheless, essentially arguing that the car was itself a deadly weapon pointed their way. That was enough for the shooting to be ruled justified under Missouri state law. The cops were not indicted.
Read more about it at the link. It’s high time Jackson was removed as Ferguson Police Chief.
And then there was the “other Michael Brown.” From the St. Louis Post-Dispatch:
Michael Brown, 23, of Troy, Mo., who was shot and killed along with a friend in October 2005.
Authorities said that Lincoln County sheriff’s Deputy Nic Forler fired through the back window of a pickup, killing Brown and the driver, Tyler Teasley, 22. No one in the truck was armed.
Police said Forler tried to stop Teasley’s truck for speeding but was led on a short chase. When the truck finally stopped, Forler pulled behind it, got out of his patrol car and stood between the vehicles.
Witnesses said Teasley was “freaking out” because he had been drinking, there was alcohol in the car and several passengers were under 21. In his panic, they said, Teasley left the truck in neutral. As the truck rolled backward, Forler fired the fatal shots that struck both victims in the head.
Family and friends demonstrated regularly outside the sheriff’s office. Forler was dismissed from the force and charged with involuntary manslaughter.
In a trial in 2007, moved to Boone County because of the controversy caused in Lincoln County, Forler testified that he believed Teasley was trying to run him over, and he feared for his life. The jury took only three hours to find Forler not guilty.
Read the Post-Dispatch article to learn about two more such incidents in Missouri.
Now let’s take a look at the case that Ferguson Chief Jackson has been building in order to blame Michael Brown for his own death. According to Jackson, Brown committed a “strong-arm robbery” at a gas station convenience store shortly before he was accosted by Officer Darren Wilson, who shot and killed the unarmed teenager. But did that really happen? I don’t think so.
A couple of days ago people from Ferguson began posting on Twitter that the owners of the store denied reporting any robbery. Then KSDK learned from the owners’ attorney that they never reported any robbery involving Michael Brown and that perhaps a customer had called 911. But did that even happen?
I can’t prove it, but I think what may have happened is that police took surveillance videos from a number of locations and just happened to find the video of Brown in buying cigars. A Ferguson resident on Twitter told me yesterday that the store owners are saying the Ferguson police didn’t pick up the store video until last Friday, not too long before Jackson gave his press conference. And the St. Louis News confirms the tweeter was right.
The owner[s] of the store dispute the claim that they or an employee called 911, saying a customer inside the store made the call. They also say St. Louis County issues the warrants for the hard drive of surveillance video Friday.
When asked how Ferguson police ended up with the video that the Ferguson police chief issued Friday morning. The attorney said during the course of Ferguson’s investigation they came to the store and asked to review the tape. But it wasn’t until Friday that St. Louis County investigators issued a warrant for the video many of you have already seen.
Therefore, there is no way that Darren Wilson could have known anything about the “robbery” or that Michael Brown was a suspect.
A couple of days ago, Joy Reid of The Grio and MSNBC posted on Twitter that the store video appeared to show that Brown had actually paid for the cigars he took from the store.
Then last night Crooks and Liars put up a detailed post about it, Ferguson Cops Busted? New Video Seems To Show Brown Paying For Cigarillos (Video), by John Prager. Crooks and Liars doesn’t allow copy and paste anymore, so you’ll need to go to the link to read the article, but Prager it looks like Brown buys some cigarillos, then tries to by more, but doesn’t have enough money and so replaces them. Brown did reach across the counter, and that may be why the clerk tried to confront him.
Here’s the video.
Will the Ferguson police get away with murder once again? I think it’s likely unless the DOJ finds that the shooting of Michael Brown is a Civil Rights case. U.S. News today posted an article quoting attorneys who have defended police shooters, Police Attorneys: Brown Head Wounds Not Fatal to Officer’s Defense.
Pathologists said they found a bullet wound at the apex of the 6-foot-4 Brown’s head and what appeared to be a bullet entry above his right eye that continued downward into his jaw and then shoulder. The wounds appear to show Brown was not standing upright at the time he was shot.
“Just because he was shot somewhere near the top of his head, I don’t think that’s indicative of anything at this point,” says New Orleans attorney Eric Hessler, who defended officers involved in the 2005 post-Hurricane Katrina shooting deaths of two people on the Danziger Bridge and another person outside a convention center.
“There are scenarios that I can envision where a police officer would be justified in using deadly force in that situation,” Hessler says of the Brown case. “It depends on what the individual was doing while he was shot.”
Several officers were convicted of crimes in the post-Katrina cases, but the bridge shooting verdicts were vacated and the case is not resolved.
Attorney James Culleton, who defended New York City police officers who shot and killed unarmed black men Amadou Diallo in 1999 and Sean Bell in 2006, agrees with Hessler that the bullet trajectory isn’t necessarily game-changing.
“If the person is facing you, he’s charging at you, he could have put down his head,” Culleton says. “His head could have just slumped like he was falling forward. It doesn’t mean it’s devastating [evidence].”
We’ll have to wait and see. For now, it’s high time for Chief Jackson to be fired and for Darren Wilson to be arrested. This murderer is still receiving his salary!
I’ll end with some recent headlines about Ferguson.
Business Insider Australia: Police Captain Blames ‘A Lot’ Of The Press For ‘Glamorizing’ Ferguson Protests.
Jonathan Capehart: Probe into Michael Brown shooting goes to pot.
What else is happening? Please post your thoughts and links in the comment thread, and have a terrific Tuesday.