This past Saturday, North Charleston, South
Carolina became the next Ground Zero for what is rapidly becoming the new
normal…a law enforcement officer killing an unarmed black man. The very mention of this topic has become so
sensitized that it needs to be preceded by a disclaimer. I have one; here it is: There are many
ethical policemen and women, and other law enforcement officers who execute
their professional duties and responsibilities to the highest standard expected
and deserved by the public, in accordance with their oath, and consistent with
every element of their job description.
I believe that to be the unequivocal, unimpeachable truth.
Having stipulated that, there are too many officers
who do not observe or comply with the aforementioned standards. On March 4th, just five weeks ago,
I wrote about the Ferguson, Missouri Police Department, an entity that was
exposed by a Department of Justice (DOJ) Report as a perennial rogue agency
that preyed upon African Americans, a demographic segment of the community that
just happen to account for two-thirds of the population, but only about 8% of
the police department.
In Ferguson, the shooting of Michael Brown
resulted in a series of events that included riots and looting, nationwide
attention, and two federal investigations, among other things. While many observers took solace in the fact
that one of the two DOJ Reports did not result in finding that Officer Darren
Wilson violated Michael Brown’s civil rights, a second report uncovered a
repugnant picture of injustice against African Americans that included, but was
not limited to the following:
·
Blacks
account for 85% of traffic stops
·
Blacks
account for 90% of tickets issued
·
Blacks
account for 93% of arrests
·
Blacks
account for 95% of jaywalking arrests (which often hinge on police discretion)
· Black
drivers were twice as likely as white drivers to be searched during vehicle
stops, but 26% less likely to have contraband
· Blacks account for 88% of persons
against whom force was used
In North
Charleston, a completely different fact pattern appears to be emerging. First, amazingly, there is a video; no doubt,
one that paints, or more aptly, depicts a compelling picture of the events that
unfolded when North Charleston Patrolman First Class Michael Slager, 33,
stopped Walter Scott, 50, for a broken taillight. The video (which can be seen in one of the
links below), captured by an observer who happened to be in the vicinity, shows
that Officer Slager shot Mr. Scott up to eight times, in the back. The video also, importantly, highlights what
may be key inconsistencies in the officer’s story.
Slager
asserted in the official police report that Scott tried to obtain his Taser and
use it against him. He added, as is
common verbiage in such cases, that he feared for his life. Not having been present at the scene, I will
not deign to contradict, or even interpret what emotion(s) Officer Slager due
to or during the encounter. Whether it
was fear, or anger…or something else, what the video shows is Mr. Scott
fleeing, and Officer Slager firing…multiple shots. This case may be many things, but it is not
an episode hinging upon unconfirmed reports of whether Scott was charging
toward the officer, or if he stopped with his hands up, pleading to the
officer, “Don’t shoot.”
Mr. Scott’s
family has communicated two basic desires, early in the investigative process. First, they maintain, they want to find out the
truth. Anthony Scott, Walter’s brother,
had the following to say on Sunday afternoon:
“We just
would like for justice to be taken, for justice to be served, and we would like
for the truth to come out so my brother can rest in peace. Whatever happened yesterday, that’s all we
want is the truth, and we will go to any length to get it.”
Second, they
want this situation to be the anti-Ferguson.
The family met Sunday in an empty lot where the shooting had occurred
the day before. The held a press
conference with community activists, calling for community calm and law
enforcement transparency during the process of the investigation.
But it is
not just the family’s urging that stands out, as events unfold after the North
Charleston incident. Actually, Michael
Brown’s family called for calm to, so it may be unfair to suggest there is
anything different about that aspect of this shooting. However, that may be where similarities end.
Yesterday
afternoon, North Charleston Mayor Keith Summey announced during a news
conference that Officer Slager has been arrested and charged with murder in
connection with the shooting death of Walter Scott. The mayor indicated the video, which must be
deemed powerfully corroborative, has been sent to Mr. Scott’s family, and to
the South Carolina State Law Enforcement Division (SLED).
Local
officials’ decision to bring charges against the officer was heavily influenced
by the video. Police Chief Eddie
Driggers said the video shows Officer Slager shooting Mr. Scott as he was
running away from the scene. According
to Mayor Summey:
"As a result of that
video and bad decisions made by our officer, he will be charged with
murder,"
Chief Driggers called it
“A tragic day.” He went on to say city
leaders have been in contact with Mr. Scott’s family’s pastor, and that the
city has been an open book with investigators.
The Mayor called the video
“very demonstrative,” and said it would have been difficult to resolve the
issue without it. He noted that Scott
was hit with the officer’s Taser, and they know that because one of the Taser
projectiles was still attached.
According to SLED records,
Officer Slager was booked at the Charleston County Detention Center, and the
case will be prosecuted by the Ninth Circuit Solicitor’s Office. The South Carolina Office of the Federal
Bureau of Investigation (FBI) has opened a concurrent investigation, and is
providing assistance as necessary to the State’s investigation. The DOJ Civil Rights Division and the South
Carolina U.S. Attorney’s Office will work with the FBI in the
investigation. The DOJ has committed to
take appropriate action in light of the evidence and developments in the case.
There is an inherent
sadness about finding our society in this position, once again. Yet, it is fair to say, it is possible to
learn from mistakes of the past, and as I like to insert, they do not all have
to be one’s own mistakes. Officials in
North Charleston seem to be students of recent history. They saw or read about the events in
Ferguson, New York, Cleveland, and elsewhere, and they decided when faced with
a similar tragedy, they did not have to repeat the mistakes made in some of
those jurisdictions.
They did not wait or hide
behind a Grand Jury, a la Ferguson, they did not try to stifle the video, as in
New York, and they did not await a federal investigation, as in Cleveland. There are still investigations to unfold, and
a trial to ensue. As such, there is
still time and an opportunity for things to unravel.
However, based on the
“First 48,” as the saying goes, there is legitimate hope that justice will be
served. That is what the Scott family
asked for, and what the true creed of our society demands. With that in mind, we may take a
calculatingly cold look at the facts… “AnotherOfficer in Fear for His Life: Another Black Man Down,” and recognize, for once
at least, we may actually be confronted by real progress. It is after all worth noting that North
Charleston is not only in South Carolina, but just miles from the Port of
Charleston, and the Old Slave Market. I
enthusiastically extend kudos to Mayor Summey, Chief Driggers, and the citizens
of North Charleston.
I’m done; holla back!
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