While like many I was shocked by the story of the shooting of an unarmed man, Michael Brown, by a police officer in Ferguson, Missouri, I have refrained from making public comments due to the conflicting accounts that have arisen in the case. As a criminal defense attorney, I have long resisted the tendency to rush to judgment, particularly in the midst of public unrest, in such cases. I saw that as a problem in the Trayvon Martin case. Those same concerns were raised this morning with the statement of Missouri Gov. Jay Nixon who publicly stated that “a vigorous prosecution must now be pursued.” Presumably, he is speaking of the arrest and prosecution of Officer Darren Wilson. However, the investigations into the case are continuing and, in my view, Nixon’s comments are wildly inappropriate at this stage.
Nixon previously referred to Brown as the “victim” and denounced the release of this video of Brown strong-arming a store owner in stealing some cigars shortly before the shooting:
The video was released by police who were accused of trying to portray Brown as a violent thug — a similar concern that was raised in the aftermath of the Martin shooting. Police insisted that it is part of the record of the case since this was the crime that preceded the confrontation with Wilson. Of course, even if Brown stole the merchandise and threatened the store owner, it still does not justify the use of lethal force on an unarmed individual. Moreover, I am appalled that Brown’s body was left on the street for hours.
However, the facts in this case remain in considerable conflict. Rivaling accounts support both Brown and Wilson. The early objective evidence is also in conflict. While Brown’s friend said that Brown was shot in the back, the autopsies do not appear to support that (though the family insists that one of the arm wounds could have come from behind). Moreover, a recording and some witness accounts after the shooting seemed to support the claim of Wilson. Others support Brown. In other words, the facts are in dispute. Under some circumstances, the shooting of an unarmed individual can be found to be justified under standards governing officers.
There is also the recent report that Wilson suffered facial injuries or an “orbital blowout fracture to the eye socket” from the encounter. Such an injury, if true, could boost a defense.
The case could be submitted to a grand jury as early as today. We should learn more from the tests and forensics in the days to come. However, as a criminal defense attorney, I am deeply concerned about the Governor’s statements. Any prosecution would already be hindered by venue and bias issues. It is the duty of a governor to reinforce the rule of law and avoid pre-judging cases before any investigation is completed. Others certainly have the right to be heard on their views of the facts, even as they continue to emerge. However, Nixon is the chief executive of this state and does a disservice to legal process in prejudging the facts in my view. Such comments from either a President (who in the case of Obama has been much more restrained and circumspect) or a governor can seriously undermine the foundation for a fair trial and create the appearance of political pressure on prosecutors, judges, and others.
Nixon stated that “We have a responsibility to come together, and do everything we can to achieve justice for [Brown’s] family . . . to achieve justice in the shooting death of Michael Brown must be carried out thoroughly, promptly, and correctly.” The “correct” way of achieving justice is not to presume guilt as the facts are still being investigated in my view.
Saying he’s white and therefore conservative is prejudicial and you know it.Or does everyone who doesn’t know you think you’re a crazy Christian tea bagger because you’re old white guy?
The cop’s attitude has nothing to do with his color or his politics. It has everything to do with his badge. Don’t need to be a child of the 60’s to know that blue blood runs thicker than water. To say otherwise just makes you sounds as bigoted and prejudicial as you’re accusing the cop of being.
John:
To set the record straight, I was neither cop nor soldier but I’m a man. Men don’t shoot other unarmed men and certainly not teenagers regardless of size. It’s the act of the coward. Just like Zimmerman, just like this cop.
Peaceful protestors are being wronged. Wait a minute! They’re throwing rocks at Chris Hayes during live broadcast.
http://www.caintv.com/rioters-throw-rocks-at-msnbc-h5
For sure Paul. The last thing you want to do is move your center of gravity up by picking up your chin.
Bailers:
White and conservative have nothing to do with it? Really, where are the liberal African-American gunners blowing away unarmed cops? Grow up with me in the 60s and tell me that. That’s everything to do with this cop’s attitude.
“since he’s conservative and a symbol to every minority fearing white guy that order must be preserved at all costs. ”
Making judgements on facts not in evidence?
Being white or conservative, even if true, had nothing to do with the attitude on display here.
Mespo,
When you were a cop or even when you were in the military, did you ever have to make a decision to shoot someone?
Karen,
I think most police departments would agree their training in dealing with mentally ill is lacking. Recently by me we had a mentally ill man shot and killed by police. It sounds like was a justifiable, but preventable, death. This is much too common of a story.
The problem isn’t just a lack of training in dealing with mentally ill persons, it’s that police training seems to be antithetical to dealing with the mentally ill in the best fashion. I’m not an expert, but the little experience I’ve had has shown me that space and time are often the best responses. Let them calm down and work it out themselves. Physical confrontation should be the last resort but too often police training emphasises compliance and control rather than a negotiated settlement. We see this result even with people who aren’t severely troubled.
I probably sound like a broken record by now, but we need more officers who want to be hostage negotiators and less that want to be SWAT.
mespo – I would be happy to match my conservative stupid IQ against yours any day. Bigotry is bigotry. And there is a point in every man’s live, including yours, that you find a point where you would kill. Whether your opponent is armed or unarmed is another matter and would depend on the situation.
There are a ton of people killed by strangulation every year. You do not have to be armed to kill.
BTW, during my time in academia I had a lot of foul mouthed progressive professors. You would have thought with that expensive education they would have had a larger vocabulary.
Samantha, here’s why psychos are left to do what they inevitably do by military and paramilitary organizations worldwide. You see the tough guys always know better and the dead guys. … Well their death is regrettable but necessary:
http://youtu.be/9FnO3igOkOk
Dredd:
That gun wielding cop in the video obviously felt his life was endangered by the unarmed peaceful protestor and could have been bull rushed by him so he had every right to blow him and all in the vicinity away since he’s conservative and a symbol to every minority fearing white guy that order must be preserved at all costs. I’m just sorry a camera was there so we can’t dream up every fanciful defense available and whine how good the ol’ Jim Crow days were but are now gone because of them “cultists” who actually deal in reality and not apologizing for the excesses of the militarized police and actually had the audacity to want every one to play by the same set of rules and rthus rip that mask off the face of raw power that the self-defense defense has become. You shoot an unarmed person you’re a coward at best and a murderer at worst. It used to be pretty simple. Now we have folks apologizing for every conservative crazy with half a load of brains and a double load of guns. If the cop is not indicted due what looks like a less than enthusiastic prosecutor and an intransigeant police investigation of one of their own, they’ll be hell to pay from that community for every other cop on that force. Trials are for deciding facts. Bring. It. On.
Karen S, like you, I had followed the case. Kelly’s father was a retired cop, so he provided a glimpse into the workings of the police department that we normally don’t see. When the verdict came down, I was shocked that at least one of the cops did not get convicted of at least manslaughter. There is video showing that the lead cop was one mean, sadistic ba$tard. Why they don’t fire cops like him is a huge mystery. I mean, it’s not like there’s a shortage of manpower to replace his kind. Of course, Kelly was white. If whites would take to the streets and riot like blacks do, I think we would very quickly see police departments routing these criminals from their ranks. But whites don’t care about whites, any more then blacks care about them, especially so when the victim is male, otherwise wouldn’t’ve Obama sent the AG to Fullerton? Abusive cops have no place in civilized society.
Professor Turley,
You note that the facts are “disputed,” but, in checking your link for for the shooter’s side of the story, I find that it is sourced to a “Josie” who apparently called in to a talk radio show. It seems that “Josie” claims to be a Facebook friend of Darren Wilson’s girlfriend from whom “Josie” got the story.
Given that the Ferguson PD has been very closemouthed regarding any official version of events, are we really resigned to accepting the story of a shooter’s girlfriend’s Facebook friend as a legitimate source of a “dispute”?
Would that be even remotely acceptable were the shooter not a police officer?
samantha:
“Karen S, what is your sentiment about the police beating to death Kelly Thomas in Fullerton?”
The host of the radio show I listen to in the morning covered the Thomas beating frequently. He got to know the family and gave updates.
From what I recall, Thomas was a schizophrenic homeless man. A restaurant manager reported a suspicious person hanging out in the parking lot. Thomas was not trying to steal anything; that was one of his usual hangouts, but the manager did not know him. There was a police confrontation in which they held Kelly down, causing him to panic and fight. I believe the police did not use proper control holds, or have sufficient training with the mentally ill. He’d say he’s cooperating, and then he’d panic and struggle again. I think they tazered and beat him. Kelly kept saying he couldn’t breathe, but was ignored. A medic didn’t even know he was hurt because he treated some minor scratch on the cop first. By the time he got to Kelly, he was in distress. They did chest compressions to try to save him, but the compressions on a broken chest did the final injury that killed him. Of course, without compressions he would have also died.
There was a lot of talk on the show with the father, and other experts, about the fight or flight response. This is such a problem with a police confrontation, because when any of us panic we struggle or try to flee.
The father also spoke of his frustration with our broken mental health system. He’d tried to get his son help, but as with many mentally ill people, you can’t reason with them. He self medicated with drugs and alcohol and was on the street. His father just helplessly watched him slide down and get worse.
In my opinion it was abuse of force and a serious training issue.
They did bring murder charges, but they were acquitted.
After having followed the case, I missed the show when they talked about the verdict, so I did not understand it at all. When you look at the photos of Thomas in the ER, they looked awful. Apparently he kept crying for his Dad during the fight.
During the show, they didn’t mention his race until the end, so I didn’t know if he was white or black. But I thought the cops were wrong and the department had a serious training issue.
But, again, I never heard any explanation of the verdict, so I’m at a loss how the jury arrived at an acquittal.
It amazes me given all the “thuggery” that is purported to exists that police officers are not killed in the same numbers as the those of citizens killed by police. I do think that it is time for law enforcement to be mandated to wear body cameras and as an early poster wrote a drug test is a good idea for law enforcement involved in shootings. This can only help in these situations to get at the truth.
This is our America:
http://www.huffingtonpost.com/2014/08/20/kajieme-powell-shooting_n_5696546.html
“Even the police chief said that the officer did not know that Brown was a suspect in any crime until after the shooting.” But Brown knew that he had just robbed a store and probably thought he was getting busted for that. Thinking that he was about to be arrested clearly could have effected his behavior.
The fact that a politician calls for vigorous prosecution in a police killing of an unarmed teen doesn’t frighten me nearly as much as the fact that a significant amount of people in this country are actually analyzing this with such an adolescent “good guy/bad guy” framework: the “good guy” wears the uniform; the “bad guy” is anyone the “good guy” chooses as “bad.” That is the rush to judgment that is far too common and most worrisome.
Reality simply isn’t the twice nightly cop show on TV – even if the cop show pretends it is “Reality” TV.
How to Improve Your Sprinting Technique
http://www.sport-fitness-advisor.com/sprintingtechnique.html
ACCLERATION PHASE
iv) After first two strides, foot touches down in front of center of gravity.
v) Forward body lean begins to decrease until normal sprinting position is reached after about 22 yards (20 meters).
Geo is obviously geospatial tonight. itchinBay and the other dogs are mad because they have to resort to pig latin just to write itchBay on the blog and this guy gets to use the N word and the K word with impunity. Think about it.
Professor Turley mentions that he was shocked by the shooting of an unarmed man, and that’s been a constant refrain from the media as well. The implication is that an unarmed 6’3″ 290 lb man is not dangerous or capable of seriously injuring, maiming, or killing someone with their bare hands. Now that the extent of Ofc. Wilson’s injuries are known, perhaps we will be spared such comments going forward. I am glad that Ofc. Wilson was able to use his weapon to defend himself. We should not lose sight of the fact that he is the “good guy” here and the victim of criminal violence not the deceased thug. The Missouri governor should be impeached for his inflammatory comments. He’s the head of the state, not the leader of a lynch mob.
God bless Officer Wilson.