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.
Here is a small list of officers who were murdered by unarmed men, a few who took weapons from the officer and killed them with it. There are many more times the numbers of officers who are assaulted by unarmed men, their firearms taken from them, and they are assassinated with their own duty pistols.
http://www.odmp.org/officer/16311-deputy-sheriff-richard-anthony-herzog
http://www.odmp.org/officer/21942-correctional-officer-amanda-baker
http://www.odmp.org/officer/21429-patrolman-jonathan-keith-molina
http://www.odmp.org/officer/20831-captain-ralph-vester-braden
http://www.odmp.org/officer/20821-correctional-officer-ronald-e-rj-johnson
http://www.odmp.org/officer/20768-deputy-sheriff-shandon-wright
http://www.odmp.org/officer/20674-correctional-officer-jayme-lee-biendl
http://www.odmp.org/officer/20568-correctional-officer-gary-martin-chapin
http://www.odmp.org/officer/20253-juvenile-detention-officer-leonard-sanford-wall
http://www.odmp.org/officer/19872-special-agent-thomas-joseph-byrne
http://www.odmp.org/officer/19505-officer-monte-ruby
http://www.odmp.org/officer/22041-police-officer-marcia-lynn-stella
http://www.odmp.org/officer/16850-deputy-sheriff-bruce-kevin-lee
http://www.odmp.org/officer/16431-correctional-sergeant-eric-jason-autobee
http://www.odmp.org/officer/15727-police-officer-domenick-j-infantes-jr
According to an FBI study, suspects who physically assault an officer and take away his or her service pistol are 90% likely to be murder the officer by using it.
Darren – thanks for the list. You must know someone who can get them out of WordPress when there are more than two links. 🙂
Actually Paul there was very little spearing in any level of football due to the known fact of injury to the spearer. The most common fouls are offsides and illegal formation penalties and the most prevalent aggression fouls are blocks in the back.
mespo727272,
If you can figure out a way to finally skewer Shea McClellin, please let us know. The Bears have been struggling with that delusion for way too long now.
Bailers,
I understood Paul’s “head down” comment to be taken in reference to the fatal wound on the top of the head. It didn’t mean staring straight down as if to spear but just not chin up with the top of the head level to the ground. His comment has context.
Nick:
Keep talking nick; I’ll keep ignoring. Your beef is with John Stuart Mill not me. I just agree.
mespo – two things.
1) I do benefit if you run around the block because you will not be ranting.
2) You misquoted Mills. Here is the quote.
I did not mean that Conservatives are generally stupid; I meant, that stupid persons are generally Conservative. I believe that to be so obvious and undeniable a fact that I hardly think any hon. Gentleman will question it.
John:
You have four witnesses who have come forward publicly to say that the shooting victim was killed while not exhibiting aggression. You’ve got some Facebook friend of the cop saying he was bull rushed and in fear for life despite the Glock in his hand. The cop has said nothing in his defense publicly. No one is reaching definitive conclusions but based on the evidence out there and known to the public coupled with the autopsy shiwing 6 shots, there’s plenty of probable cause to arrest. Legal enough?
“All stupid people are conservative.” Our angry barrister has just jumped the shark.
Mespo said; 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.”
It’s always easy to talk the talk when one never walks the walk.
If you don’t think a 6′ 4″ 300 lb man , who just hit you hard erough to fracture your eye socket, and is now charging at you is is a threat to life or serious bodily harm, serious enough to justify the use of lethal force, you sir are an idiot.
Jack – thanks for saying that.
Nick,
I’d tell you what happens when a hockey player skates with their head down, but the concussion that ended my playing days doesn’t allow me to remember much of it.
fiver, Ask a hockey player what happens when you skate w/ your head down. I’ve been known to have an elbow out for 20 something dudes walking while texting. Street behavior modification.
Mespo,
My point is, blaming the officer’s politics is the wrong track to take, and allows the worst of “police mentality” to live on. We bicker over politics and society never deals with the deal problem.
Cut off the head, two more take it’s place.
Jack, LOL! Chris “I am down w/ the struggle” Hayes of MSNBC getting pelted w/ rocks by protestors. You can’t make that stuff up!
mespo – criminal law is not your area of expertise, is it? That is the same kind of magical thinking they use in Texas to indict governors.
JT has posted numerous discussions about excessive use of force. In each and every case the evidence of misconduct is not the issue but the “justice” is sketchy. I get the impression that people want to skip the whole evidence part of building a case and get on to the justice part. I expect that sort of attitude in any number of sites but not a legal site. It certainly tarnishes their potential for “objectivity” in future discussions, that’s for certain.
Fiver:
Thanks fiver for pointing out that delusion that I couldn’t get around to skewering.
Wow.
Bad linebackers… maybe… in pee wee league…. before their coaches talk to them… once. Some might tackle with their heads down. It’s called “spearing,” and it’s very dangerous – especially to the tackler. But running with their head down? That’s just kind of silly.
But, then again, the Bears do seem determined to find a use for Shea McClellin 🙁
fiver – we do not know if Brown played football, but I know that until the whole concussion thing, there was a lot of spearing going on in college football.
Bailers:
There may be Lots of progressive cops out there but this foul mouthed guy doesn’t looks the part and his action surely looks more like Bull Conner than Gloria Steinham wouldn’t you say. Of course, we can’t know for sure so we’ll have to rely on the stupidity on display by our man in blue and then consider John Stuart Mill’s prescient observation that while all conservatives aren’t stupid all stupid people are conservative. I’m think I’m on high probability with my surmise.
Anytime who thinks that a cop’s skin color or politics are the determining factor in their treatment of civvies…
Explain Price George county.
These intemperate comments pretty much eliminates him from a judgeship.
mespo is really cranky lately. I think he just scrawled “Helter Skelter” on his fridge.