On 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.”
Also 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
“No one has answered me from last night if you have to be Black to have Civil Liberties. On November 25th 2014 the night of the riot, the night the National Guard was not necessary so Ferguson could be looted and pillaged Deandre Joshua was shot and torched – what about him TJustice and Ken Rogers? all I hear you running on about is the same thing over and over again and you are just here to agitate. There is no solution coming from you. You have no respect for JT TJustice. I know, respecting your elders is such a 20th century ideal.”
happypappies
I take the time to post on JT’s blog, that’s plenty of respect. I’ve asked JT to come speak and inform students about civil liberties, public interest and the law at my law school. Moreover, I’ve noted in several posts the influence JT has on me.
Of course you don’t have to be black to have civil liberties. We should teach that there is no reason to believe that a particular race/ethnicity/group of people is morally superior and thus deserves more rights. Regardless of the color, etc.
On the specific incident you speak about (November 25), just evaluate the police force, National Guard, etc. response. It wasn’t tough to see what the brass wanted to protect. A few precious government buildings and large private businesses. Not small family owned businesses.
But it was all terribly sad, including the cold blooded killing of DeAndre Joshua. Who is suppose to investigate that, though?? Me and Ken Rogers?? No, we give that power to Ferguson PD, St. Louis County PD and possibly others (STL local government is fragmented). I hate the violence in our communities, though, so that disturbs me. I’d rather young men and women choose to come on here and disrespect the elders 🙂 then engage in the stealing of civil liberties and human rights.
TJustice
Then, bearing that in mind, perhaps you should go back and review my pots and see how my civil liberties were violated, which you totally ignored, and this is why I asked if I had to be a Black Person. I know Hispanic and Asian people that lived there that had the same problem with the police. They system is not going to change. Did you just see it change TJustice – did Obama change it No. Same Police Chief – Same Mayor of St Louis. Nothing is changed. Nor will it.
@happypappies
“Ken Rogers
“When Jesus told us to ‘Love our Enemies’ he did not want us to get down and wallow with them in the dirt.”
“Get real Hypocrite.”
Why do you consider the Browns your “enemies”?
About what am I being hypocritical?
@happypappies
“all I hear you running on about is the same thing over and over again and you are just here to agitate.”
What is it that you perceive me to be “running on” about “over and over”?
About OJ. After a “not guilty” verdict, how could civil lawyers prove he was even there? He either was or wasn’t. How can you prove wrongful death by OJ if we wasn’t proven there? Nobody could prove that.
I think our laws about civil suits are nuts. I am not alone.
Sandi – preponderance of the evidence is a much lower standard to meet.
Sandi, The standard of proof in a civil wrongful death suit is much lower. That’s how OJ lost his fortune when found culpable in the civil lawsuit. Holder would like to lower the standard of proof in civil rights violations, presumably to the civil preponderance of evidence level. That should frighten the hell out of ALL people, regardless of color.
Nick – Holder has scared me since he was appointed and he is making huge waves going out the door.
After robbing a store, getting physical with owner, putting his fist through a police vehicle, fighting for the gun, not following order to stop, we consider self defense by police wrongful death?
How many wrongs does someone get away with? Was anything ever released about whether drugs were in his system?
I just wish the Brown family would refuse to be a poster for Al Sharpton. Rev. Al is responsible for shooting his mouth off before he had the facts. He should be charged with inciting violence!
Sandi – we are going to find out about drugs in his system during the discovery in the civil suit.
That is leg work sorry..
No one has answered me from last night if you have to be Black to have Civil Liberties. On November 25th 2014 the night of the riot, the night the National Guard was not necessary so Ferguson could be looted and pillaged Deandre Joshua was shot and torched – what about him TJustice and Ken Rogers? all I hear you running on about is the same thing over and over again and you are just here to agitate. There is no solution coming from you. You have no respect for JT TJustice. I know, respecting your elders is such a 20th century ideal.
And You are just absurd Mr Rogers. You haven;t gone back and done any leg like someone sincere would have done.
http://www.nydailynews.com/news/national/man-killed-ferguson-riots-shot-set-fire-cops-article-1.2025417
Of course everyone deserves a trial. A speedy one when they are obviously guilty as I have pointed out many times before so lets not belabor an obvious point Mr Justice.
Nick, you left out Cheney, the NRA, Rush, O’Reilly, all of Fox News. Police have rules and procedures given them by politicians. “Feeling” bad does not allow them to ignore rules and procedures. And a white man shooting a black man would make rules and procedures of primary importance. Everybody knew this was going to be chaotic. No mistakes.
The Brown’s are being used. There is no wrongful death. But their lawyer has convinced them he can win. He can’t.
Sandi Hemming
It’s a rough world out there
“I’ve been struck by how few comments here seem to reflect a concern for civil rights and the civil liberties underlying civil rights.”
Ken Rogers
I certainly understand the inclination to think some comments don’t reflect a concern for civil rights and the civil liberties underlying civil rights. And I agree with you sometimes.
But I would caution you to think this is the truth. I think most of debate points come on the political ways of getting to upholding civil liberties, and for me (at least) increasing the awareness of them and its scope in practical life.
@TJustice
I’m not sure what you’re trying to say, here, TJ. If you’ll clarify your remarks, I’ll be glad to respond to them.
But not right now, as I’m off to bed for the night.
Dust Bunny Queen (Thanks to Inga (Annie))
A trial before execution is not a basic civil liberty??? I think that one may have been in the Magna Carta… It’s not a real new idea.
TJustice – all executions get a trial beforehand even if it is a summary execution. Even if the executioner is also the judge.
Dust Bunny Queen,
I actually just finished crafting an equal protection claim as an intern.
Also, I never said that the IRS thing was a violation of civil liberties. If you read the comment with the proper context, I was saying that in light of this wanting to discuss civil liberties, the blog tends to focus on other issues, such as IRS… a Civil Rights issue, as you aptly point out.
I do enjoy the list you posted, I always want to know/learn more. Thanks. I don’t think you have to be so rude in the delivery, though. I think we are both here for the reasons of civil liberties, interest in the law/politics, etc.
Not much of a reason to get so emotional towards me when discussing Michael Brown (I haven’t been a “thug” violating people’s civil rights). But thanks for that list, the distinctions help make it better when discussing civil liberties fundamentally and the practical mechanisms for defending/taking-away civil rights and civil liberties.
Watch yer Johnsons.
Happypappies,
A trial before execution is not a basic civil liberty??? I think that one may have been in the Magna Carta… It’s not a real new idea.
happypappies
“Ken Rogers
“We don’t care about the freakin Granny smackin Brown family. Don’t you know anything about these people? All they do is go around and abuse other people’s civil rights. They are a disgrace to the human race. I don’t care how many times you pull the race card. How ridiculous.”
I’m sorry you find it so hard to sympathize with the Browns as fellow human beings.
I don’t know what else to say.
Ken Rogers
When Jesus told us to “Love our Enemies” he did not want us to get down and wallow with them in the dirt.
Where was President Obama when he knew there were no Hands up in the air and this man was inciting a riot? Where was Atty General Holder? Why did they hold back the National Guard?
Get real Hypocrite.
Its not fried chicken Kenny, its Shake N Bake.
Ken Rogers
We don’t care about the freakin Granny smackin Brown family. Don’t you know anything about these people? All they do is go around and abuse other people’s civil rights. They are a disgrace to the human race. I don’t care how many times you pull the race card. How ridiculous.
George Bush was @ Obama’s speech today in Selma. Bush is feeling guilty because he actually planted the church bomb in Birmingham. That’s why he appointed Condy Rice Sec. of State. She was a child in Birmingham when that occurred. His white guilt preyed on his mind.
Scott Walker is really much older than he looks. He kidnapped the Lindbergh baby.
Holder has had all this time. Why has he not filed suit to oust the Ferguson Court system and replace it? Is he craving to be retired? What is he doing about the choke hold expert in NYC?
I agree with Nick in his post at 6:07. And his comment about Scott Toilet Tissue Walker.