Police Consider Charges Against Brown Family In Ferguson

Michael_Brown_JrOn the eve of the decision not to prosecute of Ferguson, Mo., police officer Darren Wilson in the shooting death of Michael Brown, state prosecutors are considering charges against Michael Brown’s family. While potentially explosive in light of the rejection of civil rights charges, the case is based on what is reported as criminal acts of assault and theft by Brown’s mother Lesley McSpadden and other family members.

The incident stems from who is entitled to cash in on the name of Michael Brown. A “Justice for Mike Brown” stand was set up outside of a restaurant to sell teeshirts and other items. One of the vendors was Pearlie Gordon, 54, the mother-in-law of Michael Brown Sr. (who is divorced from McSpadden).

The police say that a group of about 20-30 suspects “jumped out of vehicles and rushed” Gordon, Tony Petty, and Matthew Cosey. McSpadden, 34, is quoted as saying “You can’t sell this shit.” What reportedly ensued was an intense debate of who had trademark options on the name of the dead teenager. Gordon reportedly states that “unless McSpadden could produce documentation stating that she had a patent on her son’s name she (Gordon) was going to continue to sell her merchandise.” Police say that Desureia Harris, McSpadden’s mother, then began to rip down t-shirts while other family members began “tearing her booth apart.” Gordon allegedly was knocked to the ground and repeatedly struck in the head. Gordon accused McSpadden of running up and punching her while one of McSpadden’s group encouraged her to “get her ass.”

screen-shot-2014-12-04-at-9-13-31-amAlso accused is McSpadden’s husband, Louis Head, who was previously the subject of calls for prosecution in his encouraging protesters to “Burn this bitch down” after no charges were brought against Wilson.

Petty was also transported to a local hospital for treatment of “injuries sustained during the assault.” Police also found that more than $1500 in merchandise and $400 in cash “was stolen by unknown subjects” during the assault and that they fled before the arrival of the police.

To make matters worse for the Brown family, there is a witness as well as a videotape showing the assault on the vendors, according to police.

That record would seem highly compelling for criminal charges. They have sworn statements from the alleged victim, third-party witnesses and a possible videotape showing a vendor being pinned on the ground. That does not rule out defenses based on claims that the vendors started the fight. However, self-defense would not excuse the alleged taking of merchandize and cash.

In a normal situation, there would have already been arrests and charges in such a case. However, this case seems anything but conventional and prosecutors may be more timid after prior events triggered arson and looting. The delay may be a reflection of that caution, but (absent new evidence) there may be no avoiding arrests in the case since at least two people were sent to the hospital and violence was involved in the alleged crimes.

Here is the police report: Brown Family police report

340 thoughts on “Police Consider Charges Against Brown Family In Ferguson”

  1. mespo, many of your comments in this thread have been false, and also disgusting.

    Putting your fist through the window of a police car and roughing up the officer trying to get his gun is trivial to you? Try to understand he had roughed up the owner of the store he was shoplifting. The officer was doing his job.

    Ferguson has been destroyed, not by its citizens, but by people brought on busses. I hope the whole police department quits. They have become target practice by people who don’t live there.

    This is “community organizing” with guns! Two police shot, not murdered, thank God. The ticket issue was a revenue problem. Perhaps the State should provide more funding. Toward the end of the month there are more cops in cars and on motor cycles in CA, because they haven’t made quota. We all live with that.

    1. @Sandi Hemming

      “mespo, many of your comments in this thread have been false, and also disgusting.”

      What did you expect, Sandi, he’s a worker’s compensation plaintiff’s attorney who lives in the South. I’m just glad he hasn’t advocated decriminalizing marijuana or banning the torture of suspected evildoers. It could be worse, Sandi, it could be worse.

    2. Sandi Hemming

      I don’t understand Holder or Obama’s Insanity on my Old Town. Why are they doing this to people and confusing them in this way?

  2. Paul:

    ” Rather sloppy for an attorney, even from a Southern state.”

    ******************

    No prejudice in your heart. No siree.

    BTW, do you notice we have ever so few of these incidents in Virginia? That’s because our cops are trained to avoid the machismo and do the important work of being peace keepers. Even the local cops are professional in the main and don’t want cowboys in their ranks who jeopardize themselves and the citizens with their John Wayne BS. The State Troopers are top notch here and I believe their assessments and count on their objectivity. We have had police brutality incidents but they are investigated by disinterested folks and tried in court when the circumstances so warrant. That’s a credit to the judges and DAs who insist on an objective investigation. We had a Culpepper officer convicted two years ago of killing a citizen and the case was professionally handled by all involved included the prosecutor who was brought in when the local guy properly recused himself. I spoke about it on this blog. We’ve also had prosecutions of cops in Richmond (City) for crossing the line twice in the past 7 years.

    In the dumb ol’ South, if you’re fair to people, they are fair to you. That’s a lesson the Ferguson city fathers need to learn.

    1. mespo – I’m just piggybacking on your buddy Inga. Glad to hear you live in Lake Wohbegon (sp),

  3. Nick:

    I was there starting at five o’clock pm when most folks get off work. It was dark when I left. I didn’t drive away screaming. After 30 years working in those areas, I’m recognized and not disturbed since most folks know I’m trying to help.

  4. NicK:

    I don’t have any problem with the Moynihan Report which I endorse or your point about disintegration of the black family. I do have a problem with your tone which suggests that inner city black families are somehow to blame for all of it. The MR clearly puts a lot of the blame on centuries of injustice and family distortion caused by the majority white population. That’s the part you find loath to admit.

    1. Hugs and kisses to you too you too Mark.

      BTW, I was thinking of you when I saw this last night:

  5. Paul, The very liberal columnist, Nicholas Kristof, did a piece today in the NYT, praising the Moynihan Report from back in the 1960’s. Moynihan has been ripped for year for having to had predicted how inner cities would devolve because of the destruction of the family unit. Kristof said what is obvious to anyone w/ eyes, Moynihan was prescient and brave. There’s a former weekender who still hates Moynihan for speaking truth. All this Ferguson stuff is a distraction from the elephant in the room.

  6. LOL! There are 2 inner cities. The inner city during sunlight, and the one @ night. The tougher the neighborhood, the earlier in the day you should do your biz. Hell, that’s ‘hood101.

  7. Before anyone gets their knickers in a twist about Bob and mespo going at it hammer and tongs, they should know we are all friends.

    Both Bob and mespo are lawyers who regard heated argument as something just short of an Olympic sport. “Civility” (whatever that is) has nothing to do with genuine argumentation. If I hire a lawyer to represent my side, I don’t want him or her to be “nice.” I want to win.

    Now, back to our regular programming.

    1. Chuck – it would be nice if one of them actually read the reports.

  8. “For starters they could get out and vote, with that large of a majority they should have a majority black local government and police force.”

    I’m certain Inga considers herself fairly enlightened but this is just the sort of ignorance that perpetuates the racial divide in this country. Black government, Hispanic government, Asian government; we don’t get bad government because of color, party or national origin. We get bad government because ignorant people accept it. Teach people what good government is supposed to look like and they’ll soon look past what color the people are making and enforcing the law.

  9. Nick:

    Guess you’ve never been to Richmond. Btw. I just spent two hours yesterday interviewing witnesses in one of Richmond’s toughest neighborhoods. No,problems. People were friendly. Cops drove through and no one got shot. They didn’t hate on anybody either. What color is the sky in your world?

  10. Ken:

    Bob has blinders on when it comes to contrary information. Bottom line: this cop escalated a bad situation over nothing. It was a tinderbox due to institutionalized racism. It got out of hand and an unarmed guy died. No one is innocent here as best we can tell but we’d know for sure if a trial was held. That’s what happened in Trayvon Martin’s case and there were no riots, no cops shot, and no destruction of property. Ferguson officials weren’t up for a trial so there wasn’t one.

    1. Mespo: “Bob has blinders on when it comes to contrary information. Bottom line: this cop escalated a bad situation over nothing. It was a tinderbox due to institutionalized racism.”

      I have shit-waders on because of people like you who keep rattling off talking points of a narrative shown by the DOJ to be 100% false.

      You’re as shameless and ignorant as an idiot insisting that vaccinations lead to autism.

  11. Darren:

    What do you think about afterward when help is on the way and you’re chasing the guy down the street with your gun drawn? Butterflies and unicorns?

  12. happypappies

    Are you near Jackson or the Cape Giradeau area? I enjoy the college town feel of that part of SE Missouri.

  13. happypappies

    We’re good :).

    I didn’t bring up North St. Louis to prop my opinions up. I brought it up to shed light on what I thought were misinterpretations by you. Further, when I say racist I don’t mean you personally are, but rather the comments on the broader issues being discussed.

    It’s awesome that you have some roots in North StL!

    1. TJustice

      I am in Jackson right near the Courthouse but it’s like the Country here.
      I used to be in Cape. There is a Casino there now and I understand there are some shootings there now as the crime is up. It’s probably related to the Casino. Cape is the most Musical Town I have ever been in. I sing all over the Place in combined Choirs. It’s lots of fun. But I am an old bag lol. there is lots of Job opportunity here in healthcare. Proctor and Gamble is here also

  14. “When someone is forcefully trying to take your pistol away, you do not think about the racial issues facing your department–or for that matter anything other than ending the situation and coming out alive.”

    But before the events those issues are not in-play?

    And “ending the situation” is a political phrase for killing the civilian. We should focus on better training to not be in those situations – not glorifying those who end lives and point to the rule of law to support it.

  15. happypappies

    I’ll pass over the racism. But I would enjoy discussions about crime-solving issues.

    My alma mater is in North St. Louis, there are a plethora of issues there for sure. The story you share is particularly tragic. Also, the poverty of North St. Louis is profane. But your comment on political correctness is flat wrong. As a white-man with privilege, I can walk up 99% of St. Louis streets and voice my opinions without facing political repercussions. The political repercussions usually come from the StL establishment.

  16. When someone is forcefully trying to take your pistol away, you do not think about the racial issues facing your department–or for that matter anything other than ending the situation and coming out alive.

  17. @Bob Stone

    “Mark,

    “ ‘Out of some loyalty to a cowboy cop who thought hassling some black kids for jaywalking was his raison d’être. You got funny ideas about what’s important.’

    “That’s not in the DOJ report because it didn’t happen. Reading is fundamental.”

    Bob,
    What do you mean by “That’s not in the DOJ report because it didn’t happen.”?

    “According to Wilson, he was traveling west bound on Canfield Drive, having just finished another call, when he saw Brown and Witness 101 walking single file in the middle of the street on the yellow line. Wilson had never before met either Brown or Witness 101. Wilson approached Witness 101 first and told him to use the sidewalk because there had been cars trying to pass them. When pressed by federal prosecutors, Wilson denied using profane language, explaining that he was on his way to meet his fiancée for lunch, and did not want to antagonize the two subjects.” DoJ Report, p.12
    http://www.justice.gov/sites/default/files/opa/press-releases/attachments/2015/03/04/doj_report_on_shooting_of_michael_brown.pdf

    Ken

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