Activists won’t keep silent on police brutality

Torrential rains could not stop the Newark-based Peoples Organization for Progress (POP) from marching April 2 to police headquarters to protest the January 2005 police shootings of Rashid Moore and Richard Guy. “We have to get the message out there, and get it out there constantly, that police brutality is alive and well in America,” commented Lawrence Hamm of POP. “Being out in the pouring rain shows just how determined we are to fight against the injustice of police misconduct.” “Why did they have to shoot my son 17 times. Wasn’t once good enough?” asked Elizabeth Moore, Rashid’s mother, during an interview with The Final Call. “I’ve lost my best friend,” she lamented. “He was never in any trouble. People say that he helped a lot of people in the community.” Margaret Guy said she is still in shock over the shooting of her son Richard, who was wounded in the leg. She said that it is hard to understand how the people who are supposed to protect the community end up being the ones who do the most harm. Richard Guy is charged with trying to take a policeman’s gun. “It is the same cops in Newark committing the killings and beatings,” argues Mr. Hamm. He said that one of the police officers who killed Mr. Moore killed another Black man in the summer of 2003. A “no bill” was the ruling in the murder of Michael Newkirk; and now this same officer has killed another young Black man, Mr. Hamm offered. [more]

I Was Stopped by the CPD Good Ol' Boys

This letter is in response Z.B. DeCossio's letter to the Chattanoogan concerning race relations. I must say that I firmly agree with everything mentioned that the author mentioned.

 Unfortunately, I am a native of Chattanooga who has had the misfortune of being stopped by the good ol' boys from the Chattanooga Police Department. I was pulled over for doing 38 MPH in a 35 MPH zone on Brainerd Road.

 For some reason, the officer found it necessary to call for SIX additional police cars as backup. They found it necessary to search my car for guns and drugs. In the meantime I made sure to stay calm and in control.

 Every black man knows that one unusual move near a Chattanooga police officer will result in you being shocked with a Taser, beaten, or shot. After receiving a ticket for what should have been a 'routine' stop, I drove home almost too shaken to speak. That experience helped seal my decision to not attend UT-Chattanooga. It's a sad day when a person feels like their life is in danger everytime they drive around their hometown.

 It should be noted that I have a great respect for the police in general, but not for the members of the Chattanooga Police Department. I would rather walk alone on Main, East 23rd, or 9th Street with a bag of money on my shoulder at night than be anywhere near a Chattanooga police officer. These people are dangerous and I fear that things will never change, even with the election of Mayor Ron Littlefield.

 While I don't believe in just firing a person, I do believe that Mayor Littlefield is wrong to keep Chief Steve Parks in charge of the police department. Chief Parks is indifferent and hostile to the problems caused by his officers and citizens should not trust this man to make things better in the city.

 Fortunately, I moved out of the warzones of Chattanooga to the city of Nashville. Racial profiling and harassment exists everywhere, but at least I can leave my home at night and not worry about my life being in danger from Metro-Nashville police officers.

 I urge the young black men of Chattanooga to leave that city at all costs if possible before they become statistics. Unless they become police officers themselves, black men are not safe in Chattanooga. And even then, they still may lose their lives because of police 'misunderstandings' among other things.

 Frank Smith
 frank.smith@thepowerofx.com

Civil trial opens in King County Deputy Killing of Black Man - Lost in an ALL White Neighborhood

• ALL White Jury to hear Robert Thomas Sr.'s Case
  

The venue is different, a new jury has been seated and the burden of proof is substantially easier to meet. But almost three years after a white, off-duty King County sheriff's deputy shot and killed a black motorist, the stories on each side essentially remain the same: Either Mel Miller was an aggressive menace who shot and killed Robert Thomas Sr. without provocation, or the off-duty officer was forced to shoot Thomas in self-defense.  Although a county inquest jury, in a 5-1 vote, essentially cleared Miller of wrongdoing in 2002 -- and county and federal prosecutors later passed on seeking charges against the deputy -- Thomas' family has since pressed forward with the federal wrongful death and negligence suit that contends that Thomas' civil rights were violated. His four children -- including Robert Thomas Jr., who was in the truck and shot in the hand by Miller during the encounter -- are seeking unspecified compensation and punitive damages. They name Miller and his wife, along with the Sheriff's Office and King County, as defendants. The case stems from the fatal shooting of Thomas, a 59-year-old truck driver, on the morning of April 7, 2002. Thomas, his son and his son's girlfriend had pulled over in a pickup truck after getting lost near Renton's Lake McDonald on the way to a friend's house. After a neighbor called and told him a truck was blocking the private roadway to their neighborhood, Miller, who lived nearby, approached the truck. A short time later, he fired three shots into the truck -- fatally striking the elder Thomas in the chest and wounding the younger Thomas.  Yesterday, an all-white jury of four women and two men  was seated as the trial began before U.S. District Judge Thomas Zilly. [more] [more] and [more]

• Black Family Lost in ALL White Neighborhood Within seconds, Robert Thomas Jr. testified yesterday, he went from extending his hand to introduce himself to King County sheriff's Deputy Melvin Miller to begging for his life as Miller pulled a gun from his waistband and fired three shots into the pickup Thomas was riding in. Thomas Jr. explained how he, his girlfriend and his father had gotten lost on the way to breakfast at a friend's house in the neighborhood. Shortly after the elder Thomas had pulled to the side of the road to review the directions, Miller walked from his house, approached the passenger side of the car and ordered the group to drive off, Thomas Jr. said. He said he thought maybe Miller had "a chip on his shoulder" about the Thomases being black and driving in a predominantly white neighborhood. Thomas said that he urged his father to get going, but that his father was using the cellphone and seemed to be "oblivious" to the growing tension. [more]
  
• "There have been nine killings of Black men over the past nine years by police officers and nothing’s been done," Oscar Eason, president of the Seattle branch of the NAACP told The Final Call. "We want national attention to this issue. There are a rash of killings going on here and with very few Blacks in the jury pool, the hearings usually have an all-White jury which finds in favor of the police department."  Robert Jr. said that in addition to being in plainclothes, officer Miller did not identify himself as a sheriff’s deputy. The officer said he fired because Robert Sr. aimed a gun in his direction. [more]
• ‘Kill A Black Man, Get A Vacation With Pay’ [PDF]
  

Family sues over fatal shooting of Unarmed Black Man by Aurora cops

• Police Caught Lying. Handcuffed Jamaal Bonner Shot in the Back.
  

The family of an unarmed man killed by Aurora police in 2003 filed a federal lawsuit against the city, the officer who shot the man, and the former police chief on Wednesday. Jamaal Bonner, 20, died after being Tasered and shot three times in the back with a submachine gun during a chaotic bust at the Top Star Motel on Dec. 3, 2003. In October, an Arapahoe County grand jury investigation cleared the officers on the scene of any wrongdoing. "The police officers literally executed Mr. Bonner, even though he posed no threat to their safety," Darold Killmer, an attorney for Bonner's parents, Brenda and Bobby Bonner, said in a statement. Aurora City Attorney Charles Richardson said Wednesday that "the city firmly supports the actions which all the police officers took in their dealings with Mr. Bonner." Bonner encountered the police during a prostitution sting, when he offered to sell crack cocaine to an undercover police officer. She invited him to a room and, once there, signaled officers in a room next door to arrest him. SWAT officer William Woods, the first officer through the door, said Bonner ran toward the bathroom, reaching into the waistband of his pants, as though for a weapon. In the ensuing bedlam, another officer Tasered Bonner, and Woods shot him three times with his MP5 rifle. Woods said he shot Bonner because he thought he was going for a weapon, and that Bonner was Tas-ered later. The suit notes that other officers in the room said Bonner had already been Tasered and was on his knees when he was shot. The suit claims that the use of deadly force was excessive, and violated Bonner's constitutional rights. Brenda Bonner, Jamaal Bonner's mother, said in a statement that "as a family, we are appalled that no action has been taken against the officer that murdered our son."  [more]

• Excellent Investigative Reporting Piece on the Bonner Police Killing is [here]

New Haven Police Fatal Shooting of Black Man in Public Housing Elevator Justified

• Police Claim that for NO Reason Mack Lucky Pulled out a Knife & Assaulted Police Officer. Police Dog had Nothing to do with it.
  

State’s Attorney Michael Dearington concluded that a city police officer was justified in using deadly force against Mack Lucky, who menaced the officer with a knife in an apartment building elevator. Officer Elliot Rosa shot and killed Lucky on Nov. 8 in an elevator at 904 Howard Ave., a public-housing complex for senior citizens and the disabled. "Officer Rosa’s use of deadly force in causing the death of Mack Lucky was both reasonable and justified," Dearington wrote in his report. Dearington found that Rosa acted in self-defense and couldn’t retreat in the elevator. Rosa, who had an 8-month-old black Labrador dog with him, was moving into the building as part of a police officer-in-residence program when he encountered Lucky, 57, who lived there for six years. The dog was the subject of the initial confrontation, as Lucky told Rosa the dog had better stay away from him or he’d hit it over the head with his laundry bag. [According to the shooting officer] in the elevator, Lucky pulled out a knife and said in an angry tone that he "had something for" Rosa, the officer told police. As Rosa reached for his weapon, Lucky allegedly lunged forward with the knife. "It was clear to me that Mr. Lucky was attacking me with the knife and I feared for my life," Rosa indicated. Rosa then shot him. The discovery of a knife by Lucky’s hand supports Rosa’s version of events, according to Dearington. "Although there are no identifiable prints on the knife, it makes sense that it belonged to Mr. Lucky," Dearington wrote. "He was known to carry a folding knife and the weapon was found under his right hand." Lucky was shot in the chest. Barbara Fair, coordinator at People Against Injustice, said she isn’t surprised by the outcome of the investigation. "It seems like no matter what police do — they can have someone on the ground and shoot them in the back of the head — they are always justified," she said. "It was sad to see so many elderly people mourning over someone they knew for years," she said. "His kids had nothing but his body in a casket, and for what?" [more]

Unarmed, Black Man Lying Face Down Killed after being Tasered Over & Over Brings Suit - Valejo Police Deny Claim

The case of a Vallejo man who died after police shocked him with a Taser stun gun inched closer to a possible legal showdown Thursday as city officials denied his mother's claim for potentially millions of dollars in compensation. The Vallejo city attorney's office rejected Robinson's claim due to a lack of merit, city spokesperson Mark Mazzaferro said Thursday. Robinson's son, Andrew Washington, who would have turned 22 this Saturday, died Sept. 16, after police shocked him multiple times with a Taser. Police say Washington refused to stop running from officers after crashing a car he allegedly took from a friend without permission. According to a copy of Robinson's claim provided by her attorney, she alleges that "police used excessive force to apprehend (her) son and killed him in the process." The claim names the city, Police Chief Robert Nichelini and unidentified police officers involved in the melee. "Mr. Washington died at least in part due to the wrongful use of a Taser handheld electronic weapon that police officers used to maliciously torment the man, sending repeated and violent shocks through Mr. Washington's body as he was face down on the ground and posing no real or credible threat of force or violence to anyone," the claim alleges. Robinson's claim also argues that police "were negligent in the instruction, training and other guidance" on Taser use. The officers should have known that using the stun gun repeatedly on a person "was likely to cause serious and unjustifiable injury or even death," the claim says.  [more]

• Family Also Suing Taser Manufacturer In a seperate (?) Negligence suit brought on behalf of Andrew Washington Sr. by his 2 year-old son, Andrew Jr., the complaint accuses "manufacturer Taser International of knowingly marketing a dangerously defective weapon as safe and "non-lethal." "Defendants Taser International ... knew that the Taser gun that caused (Washington's) death was defective in design, and that the defective design increased the risk of serious injury and death to persons in normal use of the gun,'' according to the lawsuit filed by Walnut Creek attorney Andrew Schwartz on behalf of Washington's son. [more]
  

Simi Valley police win in Supreme Court case

• Latino Woman Handcuffed & Questioned for 3 Hours after Searching her house
  

The U.S. Supreme Court ruled last week that Simi Valley police didn’t violate a Salvadoran immigrant’s civil rights when they handcuffed her for hours and questioned her. On Feb. 3, 1998, police searched a home on Patricia Avenue where Iris Mena and several other people lived. Police were looking for evidence related to a drive-by shooting. Mena was handcuffed for three hours, and police and Immigration and Naturalization Service agents questioned her and the other occupants about their immigration papers. Mena, a legal U.S. resident, sued the officers, claiming they violated her Fourth and 14th Amendment rights. The lower courts agreed, and a jury awarded her $60,000. James Muller, Mena’s attorney, wasn’t pleased with the high court’s decision, calling it "an overreaction" stemming from the terrorist incidents of Sept. 11. "In the end, Mena will win," said Muller. "But it is another chip away at the civil rights of the population. . . . It’s more down the path of ignoring the Fourth Amendment for these kinds of paranoid fears that were here not supported." Muller said Mena, a petite Latina woman who was 18 at the time, posed no threat to officers after they’d searched the residence—a 15-minute task—and should at that time have been released from the handcuffs. What’s more, he said, during the three hours that Mena was in handcuffs, the drive-by shooting suspect had been in police custody and released. [more]

U.S. jury acquits Chicago cop of brutality against Latino Teenager - Beaten & Handcuffed to a Wall for 4 Days

A federal jury cleared a Chicago police officer of using excessive force after a judge earlier Wednesday threw out the heart of a civil lawsuit alleging that a teenager had been chained to a wall during four days of questioning.  In July 2000 18-year-old Joseph Lopez was beat up by an arresting officer and then held incommunicado for approximately five days. During virtually this entire period, he was restrained in a police interrogation room with his wrist handcuffed to a ring on the wall. His only human contact was with police officers who coerced the teenager into confessing to a murder he did not commit. He was fed only three times during his detention. With no bedding, constantly interrogated, and shackled to the wall on a 10” x 48” metal bench, Lopez was subjected to sleep deprivation, which is widely recognized by international treaties and human rights authorities as a prohibited torture technique. After the close of evidence, U.S. District Judge Samuel Der-Yeghiayan threw out claims that Lopez had been detained unlawfully, that the conditions of his confinement were unlawful and that detectives had intentionally inflicted emotional distress. In his decision, Der-Yeghiayan held that extraordinary circumstances existed for the extended detention of Lopez, who was arrested in 2000 in connection with the murder of a 12-year-old boy. The charges against Lopez in the case were soon dropped, and another man was arrested. Ordinarily, suspects can't be questioned for more than 48 hours without going before a judge. "The evidence clearly shows that it was Lopez himself who created the delays he now accuses the [police] for," the judge ruled. According to the judge, the Chicago teen lied about his identity, gave false alibis and admitted being the shooter before recanting.  [more]

• Lopez Complaint [PDF] Via ChicagoIMC
  

Black Religious Leaders Keep Pressure on LAPD Over Devin Brown Police Killing

Fearing an investigation into the police shooting of a 13-year-old boy would be swept under the rug, dozens of African-American activists told an LAPD panel today they still want answers about the incident. "We are not going away," the Rev. Ozell Cliff Brazil of Bethel AME Church in South Los Angeles told the Los Angeles Police Commission. He was joined by several other prominent religious leaders identifying themselves as members of the Community Call to Action & Accountability. The group, which was so large that the meeting had to be moved to the Parker Center auditorium, demanded answers from the civilian oversight panel regarding the shooting death of Devin Brown, who allegedly backed a stolen vehicle into a police cruiser. The Rev. Lewis Logan of Bethel AME stood and led the group in prayer just as the commission's public comment period began. He then accused city leaders of breaking their promise of a transparent investigation into the Feb. 6 incident. "We are concerned that the process is under a cloak of secrecy, that it's not open for the public to understand," he said. Another group member, who identified himself as Akili, expressed outrage over the shooting. "We have lost a child, and we will not suffer in silence and grieve by ourselves," he said. Following about an hour of testimony, commission President David S. Cunningham III assured the group that the investigation is being carried out according to department policy.  City News Service March 22, 2005 Tuesday

Activists say LAPD hasn't kept public informed about probe of Devin Brown slaying

About two dozen community activists criticized the Los Angeles Police Department and Chief William J. Bratton on Tuesday for breaking a promise to keep the public informed about the investigation into the fatal shooting of 13-year-old Devin Brown. "We are concerned the process is under a cloak of secrecy," said the Rev. Lewis Logan of Bethel African Methodist Episcopal Church at the Police Commission meeting in downtown Los Angeles. The church is a short distance from the spot in South Los Angeles where Officer Steve Garcia fired his handgun 10 times, killing Devin on Feb. 6. "We want accountability on a weekly basis," Logan said. Nation of Islam minister Tony Muhammad, one of more than 100 protesters, said: "The Police Department is saying it is transparent. It is not transparent. That's a lie. You cannot tell us nothing."

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