Tagged: Darren Wilson

Case Closed in Ferguson

In the end, US Attorney General Eric Holder had to pass on Ferguson. Because of the way the law is written, it’s almost impossible to convict a cop who can reasonably assert that he feared for his safety. And so long as a victim isnt cuffed, a cop who claims he was afraid is going to get off.

However the public should be aware of the strength of the case against former Ferguson police officer Darren Wilson. While the Field Guide does not have access to the Department of Justice’s records for the investigation, we were able to find the informal testimony of 9 witnesses, one of whom says one thing, and the other 8 say something else. The odd man out, of course, is Wilson himself.

According to Dorian Johnson, Wilson exited the vehicle, and fired several rounds at the fleeing Brown, hitting him once in the back. Brown turned around with his hands raised and said, “I dont have a gun. Stop shooting!” Wilson then shot Brown several more times, killing him.

According to Michael Brady, Brown was “balled up” with his arms under his stomach and he was “halfway down” to the ground. As he was falling, Brown took one or two steps toward Wilson – presumably because he was hit and stumbling forward. Wilson then shot him three or four times.

Piaget Crenshaw said that Wilson chased Brown for about 20 feet before shooting him again. “I saw the police chase him down the street and shoot him down. When Brown then raised his arms, the officer shot him two more times, killing him.”

Tiffany Mitchell said that after the first shot was fired, Brown started to run away. “After the shot, the kid just breaks away. The cop follows him, kept shooting, the kid’s body jerked as if he was hit. After his body jerked he turns around, puts his hands up, and the cop continues to walk up on him and continues to shoot until he goes all the way down.”

James McKnight said that Brown held his hands in the air just after he turned to face Wilson. He stumbled toward the officer, but didnt rush him, and “the officer was about six or seven feet away” from Brown.

Phillip Walker said he saw Brown walking “at a steady pace” toward Wilson with his hands up and that he “did not rush the officer”, adding that Wilson’s final shot was from a distance of about four feet.

Emanuel Freeman stated that Wilson fired twice at Brown while he was running away, and five more times after he turned around to face Wilson.

A construction worker, whose reaction to the shooting was a youtube sensation, said that Brown began walking toward the officer with his hands up, at which point Wilson began firing at Brown and backing away. After the third shot, Brown’s hands started going down, and he moved about 25 feet toward Wilson, who kept backing away and firing. The worker was unable to discern if Brown’s movement toward the officer was “a stumble to the ground” or “okay, I’m going to get you, you’re already shooting me.” The worker disputed the claim that Brown rushed at the officer, “I dont know if he was going after him or if he was falling down to die. It wasnt a bull rush.”

There’s also a medical examiner’s report. While the ME says that her report is consistent with the scenario that Brown reached for Wilson’s gun, she added, “I’m not saying that Brown going for the gun is the only explanation.” In other words, her report is consistent with Wilson’s testimony, but also with that of the 8 witnesses above.

In the end, forensics could not resolve three key issues: (1) the range from which the head shots were fired, (2) whether Brown was approaching fast or slow, or (3) whether Brown had his hands up and extended from his body. Those issues can only be resolved by witness testimony – and not one witness, except Wilson, says that Brown was rushing. Not one says Brown was as close as Wilson claimed when he took the final shots. All say Brown was either approaching slowly, or stumbling. Most say his hands were out. Not one says that Brown reached for the gun.

The law is what it is, and we cannot complain if good laws sometimes produce undesirable results – all laws are imperfect in this way. But while the law has spoken, and the case is closed on Ferguson, let it not be suggested that justice has been done.

 

Share the Field Guide: https://liberalfieldguide.org/

Share this post: https://liberalfieldguide.org/2015/03/20/case-closed-in-ferguson/

Advertisements

Ferguson Ugly

Michael Brown was 18 years old, 6’4″, nearly 300 lbs, and had just robbed a convenience store. He was also unarmed and, when he was shot several times and killed in broad daylight, was most likely approaching Officer Darren Wilson slowly with his hands up.

Eyewitness testimony is often contradictory, but is relatively consistent in this case. Witnesses saw Brown flee from Wilson while being fired upon. Then Brown stopped running, turned, and approached Wilson with his hands extended away from his body. Wilson fired a total of 12 shots, hitting Brown 6 to 8 times, including twice in the head. The last shot entered the top of Brown’s skull and killed him. It was taken at a range of 3 to 6 feet.

No witness has suggested that Brown was rushing at Wilson. Most agree that Brown was approaching slowly. None has corroborated Wilson’s claim that he told Brown to stop. The angle of the two headshots are especially telling. In addition to the fatal shot into the top of Brown’s head, another entered his right eye and continued downward through his jaw and into his collarbone. This is consistent with two very different scenarios: one in which Brown put his head down to charge; and another in which Brown stumbled forward. The latter case seems the most likely, given that it corroborates eyewitness accounts, and that Brown had already been shot four or five times, and had marijuana in his system.

The local prosecutor, Robert McCulloch, convened a grand jury that ultimately declined to indict Officer Wilson for any crime. However McCulloch’s grand jury tactics have been widely criticized as seemingly calculated to not produce an indictment. It has also been noted that this was the sixth time in six occasions that McCulloch failed to obtain an indictment in a police shooting. Perhaps not coincidentally, McCulloch’s father was a cop, killed in the line of duty.

Michael Brown is not a sympathetic victim. Surveillance video taken shortly before the shooting show him robbing a convenience store, using his enormous size in place of a weapon. He goes to the counter and seems to ask for something. He receives a package, which he hands off to his accomplice. Then he leans over the counter, and comes back with several more packages. Without paying, Brown turns to leave. At the shop door, he’s confronted by a clerk, who is a full head shorter than Brown. Brown brusquely pushes him away. When the clerk persists, Brown turns upon him threateningly. The clerk retreats, and Brown and his accomplice depart.

Sympathetic or not, there is reasonable evidence to infer that Michael Brown was the victim of police brutality, in a species of event that has become all-too-common in the US: the killing of an unarmed black man by the police. While local authorities seem to have disposed of the matter, US Attorney General Eric Holder continues his investigation, and it is fair to speculate that there is a significant chance that Officer Wilson will be prosecuted under federal law, which was written in part because some local governments cannot be trusted to render justice in cases involving a white perpetrator and a black victim.

This event is further a subset of an even more common event in the US: homicide by police. Remarkably, there are no official statistics on their frequency. But the best available estimates suggest that about 1000 people are killed by cops in the US each year.

The facts in Ferguson are ugly from every vantage point. Brown was a large, menacing criminal; however the evidence suggests that Officer Wilson, who is also 6’4″, used excessive force, and killed Brown without justification. Time will tell, but the process rarely affords us more than a crude approximation of what really happened.

Our best hope should be that events such as these, because they are so ugly, will force the issue of police brutality, particularly as it bears on race, into the national debate – so the US can begin to reign in its police power, to make it a better public servant, and less of a public menace. The framers and ratifiers of the Bill of Rights decided this issue 200 years ago. By bestowing fully half of the specific rights in the Bill on the accused, they made clear that an unchecked police power poses a far greater threat to liberty and security than do mere criminals.

 

 

Share the Field Guide: https://liberalfieldguide.org/