“So Killing Tamir Rice Was…Reasonable?”: A State-Sanctioned Drive-By—And Nobody Will Pay A Price For That
He is going to get away with it.
The Cleveland police officer who shot an unarmed 12-year-old boy will never spend a day in jail. He will never be charged with any criminal offense. He will never be booked and fingerprinted, never handcuffed. He will never be forced to explain himself before a jury of his peers.
Few things unnerve me. I am slow to anger and am not prone to tears. But I was both Saturday night—pissed off and crying—because somebody somewhere said it was OK to kill a black child. Two investigators, working at the behest of a local prosecutor, said killing Tamir Rice was reasonable.
For nearly a year, that same prosecutor has been looking for a way to cover his proverbial ass, to assuage public pressure and help us all forget that a rookie cop who repeatedly failed field and fire arms training before getting kicked off another department shot a black kid without provocation.
Tamir was shot on sight.
It was clear that the officers did not know the entire incident was captured on camera. They said Tamir was sitting at the table with a group of people when, in fact, he was alone.
They said Tamir reached into his waistband and pulled out the toy gun before he was then shot and killed by Officer Timothy Loehmann. “He gave me no choice. He reached for the gun and there was nothing I could do,” Loehmann told a fellow officer in the moments after he shot Tamir.
That was a lie too. The video clearly shows that Tamir used both hands to hold his shirt up to expose the BB gun just before he was shot and fell from the table.
Another demonstrable lie: Loehmann also claimed that he repeatedly ordered Tamir to put his hands up. In fact, Tamir was shot within two seconds of the squad car door opening. The wheels were barely at a complete stop. There was no time to order Tamir to do anything, let alone three times, as Loehmann contends, and no time for Tamir to react.
Tamir never removed the toy from his waistband and never pointed it at the officers, thus at no point could they have determined whether the orange safety tip was missing. Tamir presented no threat to anyone and, even if the gun were real, Ohio is an open-carry state. The minimum age is 18, but remember the officers said they thought Tamir was in his 20s.
As Tamir lay on the icy concrete fighting for his life, neither Loehmann nor his partner Frank Garmback thought to render first aid. An FBI agent who happened to be in the area working a bank robbery came by a few minutes later and tried desperately to resuscitate the boy.
In the end, none of that will matter. Not the videotape, not the lies, not the failure to render aid to a dying boy. There will be no grand jury indictment and the probability that Loehmann will face criminal charges is hovering around zero. Even if Cuyahoga County prosecutor Timothy McGinty were of the mind to take this case to trial, the deck would be stacked against him.
Such charges against a police officer are extraordinarily rare in Ohio or anywhere else in the country. When there is a grand jury indictment, the probability of a conviction is even smaller. Convincing 12 people that a member of law enforcement acted with illegal force in the killing of a suspect is a steep hill to climb. When the officer is white and victim is black, the pathway to justice grows even rockier.
However, McGinty appears to be participating in the card shuffling. The investigation has dragged on for nearly a year. If the roles had been reversed—a 12-year-old black boy shooting a white police officer—Tamir would have been indicted on first-degree murder charges and tried as an adult. Had Tamir lived, he would have faced criminal charges. An incident report filed a full week after he died alleged “aggravated menacing” and “inducing panic.” Those charges were “abated by death.”
Without question, tape or no tape, if the roles were reversed, McGinty would have sprinted to the grand jury room and dared anyone to challenge that decision. He certainly would not be gaming the public and rigging the process by releasing two reports that appear to exonerate the officers on a Saturday night before a grand jury has had a chance to review the evidence.
We should be troubled by the notion that Loehmann was an officer at all, that somebody on the Cleveland police department saw fit to hand him a badge and a gun in the first place. Another department in the area previously fired him because he was unable to follow “basic functions as instructed.” He experienced a “dangerous loss of composure” during a weapons training exercise and his performance was “dismal,” wrote a former commander. The written memo said further that Loehmann demonstrated “a lack of maturity.”
“I do not believe time, nor training, will be able to change or correct these deficiencies,” the author of the memo wrote.
I resent that there is a system in place designed, ready, and eager to protect Loehmann. Hiring him without reviewing his personnel records was nothing short of malfeasance. I resent that anyone deemed him worthy to serve and protect.
But more than that, I resent the notion that our sons are required to meet a different standard when confronted by police or other people in authority. I resent the fact that my sons and daughters cannot play with the same toys. I resent the fact that young Tamir could not play in a public park without the threat of death or jail. I resent that anyone anywhere would dare blame Tamir’s mother for her son’s death. I resent that fact that open-carry laws are not designed to protect my black children and me, but rather to protect society from me and my black children.
Whether driven by implicit racial bias or plain incompetence, despite assurances from the district attorney that he will take the matter to a grand jury, I do not harbor a scintilla of confidence that Loehmann will ever answer for killing this child.
I resent the fact that Tamir is dead—killed in a state-sanctioned drive-by—and that nobody will pay a price for that.
By: Goldie Taylor, The Daily Beast, October 12, 2015
“Anyone Is Qualified Until Proven Otherwise”: Concealed-Carry Crazy; What Gun Lobbyists Mean When They Tout ‘Gun Safety’
Anyone who has paid even casual attention to pronouncements from the leadership of the National Rifle Association knows that they do not place a particularly high premium on facts or the truth. And while the news media get a passing grade for challenging the NRA on some of its most preposterous claims – the Obama administration is in cahoots with the U.N. to confiscate everyone’s guns — the gun lobby has largely gotten a free ride on gun safety.
Setting aside the fact that the NRA’s general legislative agenda is antithetical to the idea of public safety, consider CEO Wayne LaPierre’s claim that “no other organization in the world has spent more millions over more decades to keep Americans safe.” To many Americans, the NRA’s “family friendly” image rests on the safety and education efforts that are an integral part of its promotion of a culture of guns. These include everything from the “Eddie Eagle” coloring books it disseminates to school children, telling them to call an adult if they find a gun, to multiple courses on the safe use of firearms. The NRA calls itself “the world’s leader in firearm training,” and it may well be.
Yet it has never advocated any serious requirement that gun owners acquire even a modicum of proficiency in the actual handling or use of a firearm before being allowed to purchase one — because that would be “gun control.”
Every state in the union requires that a driver demonstrate some ability to keep a car on the road before receiving a driver’s license. But there is nothing in either federal or state law that requires an individual to have any knowledge of how to use a firearm before acquiring a single gun or a small arsenal. And it’s highly doubtful that the NRA’s eight-hour “Basic Pistol Shooting Course” or its “First Steps Pistol Orientation” class does much to prepare someone for a real-world armed confrontation.
The NRA’s position on gun safety really boils down to this pearl from LaPierre: “The presence of a firearm makes us all safer. It’s just that simple.”
Of course it’s never that simple. Ask the parents of the eight-year-old girl killed last week in Jefferson County, Tennessee, by her 11-year-old neighbor who used his dad’s 12-gauge shotgun to shoot the girl after she refused to let him see her puppy. Or ask the boy’s father if that shotgun made anyone safer.
Thanks to the Supreme Court’s 5-4 ruling in 2008 in District of Columbia v. Heller, it is now the right of every American to keep a gun in the home for self-defense, even if that weapon is more likely to be used in an accidental shooting, a suicide, or a domestic dispute. Encouraging untrained citizens to keep a firearm at home for their personal safety is one thing; but a major thrust of NRA lobbying for the past two decades has been to enact concealed-carry laws that send those same untrained, armed citizens into the public square — to schools, college campuses, national parks, restaurants, the workplace, and on public transport, including Amtrak trains. And that’s where any claim by the NRA to champion public safety really falls apart.
The NRA may talk about “responsible” gun ownership, yet it gleefully helps to arm people who have demonstrated neither the skill to use a weapon in a high-stress situation (or any other circumstance), nor any knowledge of the laws pertaining to the use of weapons. Nor does the NRA seem to care about the mental stability of those who carry concealed weapons. As far as the NRA is concerned, anyone is qualified to carry a concealed until proven otherwise. In 2011, LaPierre told the NRA’s national convention: “Every American wife and mother and daughter, every law-abiding adult woman should be trained, armed, and encouraged to carry a firearm for personal protection.”
Today, every state in the union has enacted a concealed-carry law. Most, sadly, follow the NRA model, including few if any training requirements or provisions that restrict permits to those citizens with a demonstrated need.
So in Virginia and Iowa, blind people can obtain concealed-carry permits. In Virginia and several other states, residents may qualify for a concealed-carry permit by completing an online “course” that is virtually impossible to fail. I qualified for a Utah concealed-carry permit – which would allow me to carry a concealed weapon in fully 35 states because of state “reciprocity” laws — by listening to a six-hour lecture at a Maryland rifle range where I was required neither to pass a written exam nor to fire a single bullet. The overwhelming majority of states also have no requirement that concealed-carry permit holders demonstrate any facility in the use of a firearm. In 18 states where live-fire training is mandatory, standards for passing are extremely weak, based on target shooting scores, which have little correlation to using a gun in a high-stress combat situation.
A Department of Justice study of local law enforcement training back in 2006 found that police departments required a median 60 hours of firearms instruction. Better than 90 percent also required some training in simulated stressful conditions and in night or reduced light conditions. But you won’t find any requirement of that sort in state laws for concealed-carry permits. Unlike police who are frequently required to undergo some sort of re-qualification program, few if any states require concealed-carry licensees to demonstrate any sort of competence to use guns over time. Some states automatically grant concealed-carry permits without any classroom or live fire training to anyone who has served in the military. Although concealed-carry licensees were never intended to replace police or to undergo the same training as police, a little training couldn’t hurt.
Thirty years ago, hardly anyone anywhere in the U.S. could legally carry a concealed weapon. By the early 1990s, promoting concealed-carry had become one of the NRA’s top legislative priorities. By the beginning of 2012, the Government Accountability Office estimated that 8 million citizens had obtained concealed-carry permits. Two years later, the decidedly pro-gun Crime Prevention Research Center estimated that at least 11 million Americans could legally pack heat when they walked the streets.
The NRA thinks this is a sign of great progress because all of these secretly armed, wannabe Rambos will come to the rescue of fellow citizens in distress and make the bad guys more wary of committing crimes. But do most Americans really feel safer with 11 million largely untrained would-be “law enforcers” on the streets?
Even with the best training, studies show that police have a very hard time hitting their intended targets. New York City’s Police Department has some of the best-trained officers in the country. But when 12 Brooklyn cops opened fire on a fleeing gunman last month, only one of 84 shots fired hit the suspect. In 2013, police in Times Square opened fire on a man after he reached into his pocket for what the cops thought might be a gun. Three shots were fired. One round hit a 54-year-old woman in the knee. Another grazed a 35-year-old woman’s buttocks. None hit the suspect.
A RAND Corporation evaluation of NYPD firearm training between 1998 and 2006 found that the average hit rate in gun fights was about 18 percent. Where there was no return fire, the hit rate went up to 30 percent.
Given this not-so-great record for the best-trained police, what should the public expect from wholly untrained civilians?
Earlier this week, a 47-year-old woman with a concealed-carry permit reportedly fired three shots at an SUV leaving a Home Depot parking lot in Michigan after witnessing one of the store’s security guards chasing two shoplifters who jumped into the vehicle.
Thanks to the NRA, we can all look forward to more illegal shootings like that one, by self-appointed citizen “police” who are unlikely to hit anything — except an innocent bystander.
By: Alan Berlow, The National Memo, October 10, 2015
“Aiding And Abetting”: Australia Reduced Mass Violence By Confiscating Guns; In The U.S., Police Sell Them Back to Citizens
The on-camera shooting on Wednesday of two Virginia reporters has already reignited the debate over gun control in America. “I’m going to do something to shame legislators into doing something about closing loopholes and background checks and making sure crazy people don’t get guns,” Andy Parker, the father of slain WDBJ reporter Alison Parker, told Fox News.
Earlier efforts to push gun control legislation through Congress have failed. But Vox’s Zack Beauchamp describes a compelling case study for how another country has tackled the issue of gun violence. In the late 1990s, following a mass shooting, Australia launched a mandatory gun buy-back program. The government banned a number of types of guns, including automatic and semi-automatic rifles and shotguns, purchased guns from owners at fair market value, and offered amnesty for anyone turning in an illegally owned firearm. About 650,000 guns were seized and destroyed. Afterwards, Australia’s murder and suicide rates dropped.
Could such a program work in America? Certain cities have already experimented with such an approach. The Los Angeles Police Department, for example, regularly holds buybacks and then melt down the guns. Cities in Florida, Connecticut, California, Arkansas, and Massachusetts also held gun buy-back initiatives in June this year, according to The Trace, a website dedicated to covering gun violence. More often than not, however, when police confiscate illegal guns or firearms found at crime scenes, they turn around and sell those weapons on the open market, raising quick cash for police supplies or training. Many states, including Kentucky, Texas, Tennessee, North Carolina, and Montana, have laws on the books that encourage or require local police to put the guns they collect each day back on the streets.
In theory, this would result in taking guns out of the hands of criminals and putting them into the hands of responsible, law-abiding gun owners. Thanks to the nation’s patchwork of background check laws, however, it’s very easy for guns to wind up in the hands of criminals (again). In many states, a straw purchaser with no criminal record could buy the weapon legally from a licensed dealer, then sell it, legally, in a private sale without requiring the buyer to undergo a background check. Let us not forget that Vester Lee Flanagan, the man who committed the horrific shooting in Virginia on Wednesday, obtained his gun legally.
The police practice of holding auctions or trading in guns to a dealer is legal under federal law, and in some states it’s mandatory. The American Legislative Exchange Council (ALEC), a conservative network of lawmakers and corporations, and National Rifle Association both have their fingerprints on these laws advancing in Montana, North Carolina, and Tennessee. Here’s a small sampling of the widespread practice:
-
In 2009, Montana passed a law prohibiting guns from being destroyed by police, and instead requiring them to be sold off to licensed dealers. North Carolina and Tennessee followed suit in 2010. The Tennessee law states, “Any weapon declared contraband shall be sold in a public sale or used for legitimate law enforcement purposes, at the discretion of the court.” Texas in 2013 passed a law that gives local departments the option to resell guns.
-
The Memphis Police Department in Tennessee traded 500 of its confiscated guns in return for 33 new assault rifles. A local outlet reported that guns sold by police have been traced to new crimes. In 2010, a man shot two police officers in the Pentagon using a gun sold by the Memphis police department in 2008.
-
In Duluth, Minnesota, the police department sold 46 of its shotguns for $5,538. One of those guns was used to shoot two officers at another police department. The mentally ill man who shot the officers would not have passed a background check, but he was able to obtain the gun easily through a straw purchase on an online auction—private sellers require no such background checks.
-
Indiana’s Evansville police sold 145 firearms in 2015 to raise $24,915 for the department’s firearms training.
-
Since 1998, Kentucky has had a law that lets the Kentucky State Police collect confiscated guns from local police departments and sell them in an auction. A single auction can include more than 400 guns, and auctions can collect $650,000 a year, 20 percent of which goes to state police and 80 percent of which goes back to local agencies. Guns used in murders can be sold off, as well.
After the June mass shooting at a church in Charleston, South Carolina, President Barack Obama called once again for stronger gun laws, and noted that he “had to make statements like this too many times.” Now, in the wake of this week’s tragedy, we are having that conversation once again. As long as federal background checks are too weak and the enforcement of existing laws remains too timid, however, we’re essentially encouraging more gun violence. Taking weapons off the streets could help reduce gun violence in America. Yet sometimes, even our own law enforcement agencies are the ones responsible for putting weapons into the wrong hands.
By: Rebecca Leber, The New Republic, August 28, 2015
“Patterns Or Practice Of Unnecessary Force”: Justice Department Reaches Settlement With Cleveland Over Police Conduct
The Justice Department has reached a settlement with the city of Cleveland over the conduct of its police officers, the latest case in which the Obama administration has investigated excessive use of force and the violation of constitutional rights by a local department, according to an agency official.
The settlement, amid the growing national debate about American policing, is expected to be announced early this week, the official said. It comes just days after a judge acquitted a Cleveland police officer for his role in the fatal shooting of two unarmed people in a car in 2012 when officers thought the sound of the car backfiring was gunshots.
The Justice Department in December issued a scathing report that accused the Cleveland Police Department of illegally using sometimes deadly force against citizens. The Justice Department civil rights division found that the Cleveland police engaged in a “pattern or practice” of unnecessary force — including shooting residents, striking them in the head and spraying them with chemicals.
In one incident, an officer used a stun gun on “a suicidal, deaf man who committed no crime, posed minimal risk to officers and may not have understood officers’ commands.” The police were also accused of repeatedly punching in the face a handcuffed 13-year-old boy who had been arrested for shoplifting.
The Cleveland report was released the month after a 12-year-old African American boy, Tamir Rice, was fatally shot by a white Cleveland police officer. Cleveland officers had responded to a 911 call that reported a person pointing a gun. It turned out to be a toy pistol.
A Justice Department spokeswoman would not comment on the settlement, which was first reported on the Web site of the New York Times.
When last year’s report about Cleveland was released, then-Attorney General Eric H. Holder Jr. traveled to the city to announce the findings and said the Justice Department and the city had agreed to establish an independent monitor who would oversee police reforms. The changes will include better training and better supervision of officers, Holder said.
In the past five years, the Justice Department’s civil rights division has opened more than 20 investigations of police departments across the country, more than twice as many as were opened in the previous five. The department has entered into 15 agreements with law enforcement agencies, including consent decrees with nine of them. They include the New Orleans and Albuquerque police departments.
The Cleveland settlement will be the first under the new attorney general, Loretta E. Lynch.
Justice Department officials would not provide any details of the Cleveland settlement. But other cases have required an independent monitor and significant changes in training and policies.
Since April 27, when Lynch was sworn in as the first African American woman to serve as the nation’s top law enforcement official, she has been immersed in the debate on policing tactics. Her first meeting with President Obama was to discuss the violence in Baltimore after the funeral of 25-year-old Freddie Gray, who suffered a fatal spinal injury while in police custody. Six Baltimore police officers have been indicted in connection with Gray’s death.
Lynch’s first official trip was to Baltimore to meet with the mayor, law enforcement officials and community leaders. She also met with Gray’s family and spoke with an officer who was injured in the violence.
At her first news conference, on May 8, Lynch announced that the Justice Department had opened a broad “pattern or practice” investigation into the Baltimore Police Department to determine whether officers have committed systemic constitutional violations.
The investigation is separate from the Justice Department’s criminal civil rights probe into the death of Gray.
Similarly, the settlement with the city of Cleveland is separate from the Justice Department’s investigation into the conduct of Cleveland police officer Michael Brelo.
On Saturday, a judge found Brelo, a 31-year-old white officer, not guilty of two counts of felony manslaughter in the deaths of African Americans Timothy Russell, 43, and Malissa Williams, 30.
Hours of protests ensued in downtown Cleveland, and the Justice Department released a statement saying that the Cleveland U.S. attorney’s office, the FBI and the Justice Department’s civil rights division were all still investigating the case.
Russell and Williams were killed in November after they led 62 police vehicles on a chase across Cleveland. When Russell’s car finally stopped, 13 officers opened fire and shot at least 137 rounds into the vehicle. Brelo was accused of being the only one who continued to shoot after any possible threat was contained. Prosecutors said he climbed onto the hood of the car and shot 15 rounds into the windshield, striking both Russell and Williams.
“We will continue our assessment, review all available legal options and will collaboratively determine what, if any, additional steps are available and appropriate given the requirements and limitations of the applicable laws in the federal judicial system,” said the statement from several officials, including Vanita Gupta, head of the Justice Department’s civil rights division.
As with the Ferguson, Mo., civil rights investigation into the August death of Michael Brown, an unarmed black 18-year-old who was shot and killed by Officer Darren Wilson, the Justice Department faces a high bar in bringing federal civil rights charges. Prosecutors would have to prove beyond a reasonable doubt that Brelo intended to violate the constitutional rights of Russell and Williams.
When Holder released the December report about the “unreasonable and unnecessary” use of force by the Cleveland police, he said he was hopeful that “meaningful change” was possible in the police department.
“Accountability and legitimacy are essential for communities to trust their police departments and for there to be genuine collaboration between police and the citizens they serve,” Holder said.
By: Sari Horwitz, The Washington Post, May 25, 2015
“Describing White-On-White Violence”: Reporting On Waco Biker Gang Killings Reveals Disparities In News Coverage
Nine people have died after a shootout between rival motorcycle gangs in Waco on Sunday, when gunfire erupted in the parking lot of a Twin Peaks restaurant in the central Texas city.
I use the terms “shootout” and “gunfire erupted” after reading numerous eyewitness reports, local news coverage and national stories about the “incident,” which has been described with a whole host of phrases already. None, however, are quite as familiar as another term that’s been used to describe similarly chaotic events in the news of late: “Riot.”
Of course, the deadly shootout in Texas was exactly that: A shootout. The rival gangs were not engaged in a demonstration or protest and they were predominantly white, which means that — despite the fact that dozens of people engaged in acts of obscene violence — they did not “riot,” as far as much of the media is concerned. “Riots” are reserved for communities of color in protest, whether they organize violently or not, and the “thuggishness” of those involved is debatable. That doesn’t seem to be the case in Texas.
A riot is not simply a demonstration against police brutality. It can also be what happens when scores of hostile white people open gunfire in a parking lot. And when that happens, it can be described as anything but a “riot.”
Here are some synonyms different outlets, as well as law enforcement officials, came up with:
CNN:
melee
ruckus
fracas
brawl
fistfight
brouhaha
“issues”
trouble
chaos
New York Times:
shootout
chaos
fight
confrontation
problems
Waco Tribune:
shootout
altercation
biker gang shooting
incident
“What happened here today” (Police Sgt. W. Patrick Swanton)
“gun fights” (Swanton)
melee (Swanton)
scuffles and disturbances (on the issue of related violence around the city)
very dangerous, hostile criminal biker gangs (Swanton)
something akin to a war zone
KWTX:
turned a local restaurant into a shooting gallery
a rival motorcycle gang fight
melee
absolute chaos (Swanton)
a situation like happened Sunday afternoon
By: Jenny Kutner, Assistant Editor at Salon, May 18, 2015
Share This Blog
Unknown Feed- An error has occurred; the feed is probably down. Try again later.
mykeystrokes.com 