Tuesday, December 02, 2014

Ferguson

Here is an excerpt from my March 29, 2014 post:

"I have waited to write this piece to let my anger subside, to let my fear for my own son's life subside and to let my fear for my own life subside.  I have waited and waited only to come to one conclusion.  That feeling of fear and anger that I have felt since I was a teenager will never go away because the hunt for African-American males, especially young African-American males continues."

Here we are, having this conversation again.  Trayvon Martin (1 shot close range), Jordan Davis (10 shots), Jonathan Ferrell (12 shots), Sean Bell (50 shots), Eric Garner (Strangulation no CPR) the 12 year old boy (name not released) with a B-B gun that was shot and killed last week within seconds of police arriving (no CPR until FBI arrived) and the subject of this post, Ferguson's Michael Brown (12 shots).  These are just a few cases off the top of my head where an unarmed African-American is killed (12 year old had a BB gun) by police or by another U.S. citizen.  Many major U.S. cities have these types of cases.  They don't happen every day but frequent enough to be very troubling for people who want to be part of the solution for their community and have a role and opportunity in our great country.

This post may be discombobulated because I have no idea where to start.  I will start by saying this:  I love my country but sometimes she treats me and my people like she couldn't care less about us.  I know she also thinks at times that we couldn't care less about her but that is not the case.  We just want to be heard and have an equal opportunity at justice, freedom, jobs and anything else that constitutes 'The American Dream'.  That makes for a strange and rocky relationship.  We would refer to it as 'it's complicated' in our interpersonal relationships.

Ferguson, Missouri is another reminder of how complicated our racial relationships are between any race and our government/law enforcement and between the ethnic groups themselves (Whites included).  I feel that there are a number of issues at work that collide in Ferguson.  I will touch on a few that are top of mind for me.  Keep in mind I know several current and past police officers and I think most are good people and good officers.

Our legal system is flawed when it comes to reviewing officer involved shootings.  The DA's office is interested in cases they can win because a strong win loss record and prosecuting the right cases is important for re-election.  Also, the DA/prosecutors need a good relationship with law enforcement to get cases processed properly in order to take them to trial.  This is clearly a conflict of interest.  The DA has no incentive to pursue these types of cases.  The officer involved will always get the benefit of the doubt.  There needs to be special prosecutors for officer involved shootings....regardless of race.  Otherwise, rogue officers who understand this built-in advantage/loophole can operate with impunity when in comes to their use of force.

My basic understanding of the Grand Jury process is that the evidence and witnesses go before the Grand Jury and it is presented in a non-biased manner.  The Grand Jury then determines if there is probable cause for an indictment to go to trial.  In this case, the witnesses that did not quite match up with the evidence and what the DA wanted were harshly cross-examined.  Why weren't they all harshly cross-examined?  Officer Wilson was not even asked for an explanation  of why was the bruise on his face on the right side of his face since Michael Brown struck him with his right hand while Wilson was sitting in his vehicle.  Common sense would say that bruise would be on the left side.  This again does not make sense to me.

I am concerned about the officer (and other officers) and his state of mind while on duty.  His comments about the area being a "not well liked neighborhood" makes me pause.  What exactly does that mean?  Why wasn't he asked that very question?  He also said "When I grabbed him the only way I can describe it is I felt like a 5 year old holding on to Hulk Hogan...that's how big he felt and how small I felt just from grasping his arm."  He also said that Brown seemed "like a demon" and that he thought the next blow he took during the conflict in the vehicle could kill him.  These statements went unchecked in Grand Jury testimony.  These statements all point to either giving Brown super human strength or dehumanizing him therefore, making it easier to justify the excessive use of force.  For the record, Wilson is 6'4" 210 so he is not a small man.  I feel that he and a lot of officers are fearful and work in fear rather than trying to be part of the community.  When you are fearful or panicked you are going to react with all your firepower when it may not be needed.  Wilson did not have a stun gun on him because he said it was bulky and uncomfortable.  Was it uncomfortable or was he more comfortable using a gun?  I know Wilson just wanted to get home alive, I get it.  When you are paid "To Serve and To Protect" I expect you to be prudent with deadly force.

Let's say all the testimony the DA decided to accept is accurate.  I still say 12 shots was not needed.  He fired 10 shots outside of the vehicle after Brown turned and charged him.  My question is how far away was he and how fast could he have been at 290 pounds that allowed you to fire 5 shots, backpedal and fire 5 more shots?  I argue that 2 to 3 shots at a time would have been appropriate.  The use of lethal force that I pointed out earlier in other cases are a concern when you don't frequently see that level of force in the same type of situations with white suspects.  

Race is an issue because this happens repeatedly to unarmed African-American men.  It happens to others.  I have seen recent articles asking where is the rioting for an unarmed White young man that was shot and killed by police.  The fact that we have to search to find the exception proves the rule in my humble opinion.

It is tough to find accurate data for police shooting of unarmed/unjustified African-Americans and Whites (justifiable shooting data is readily available).  As far as I can tell, the average for unarmed shootings of African-Americans between 2005-2012 was 96 with there being 136 in 2012.

Overall killings in 2012 were 313 for Blacks and 436 for Whites.  The raw data is obviously more for Whites but is certainly skewed when you look at the percentage each group represents of the general population.  Some of those were armed incidents. In the city of Chicago in 2012 Blacks made up 32.9% of the population city's and Whites made up 31.7%.  Yet, Blacks make up 91% (21) of the people killed by police (unarmed and armed) and Whites make up 4% (1). Why is that?

Some people say, "Move out of that neighborhood!"  While that may seem to be a solution, these statistics and issues apply to African-Americans where ever we live.  We are 3 times more likely to have our vehicle searched when pulled over by police yet drugs and weapons are not found anymore frequently in our vehicles than any other population.  This is regardless of the neighborhood.  I look in my rearview mirror every time I pass a police officer regardless of what neighborhood I am in.  

People have expressed outrage at demonstrations.  I am confused by this.  Why is it wrong to demonstrate if that is what you feel is necessary?  I am not opposed to the demonstrations.  Like I said, people want to be heard.  I am, however, opposed to looting and burning of any businesses.  Demonstrations and protests need to be disruptive but never destructive.  I am proud to see young people demonstrating but they will have to be part of the voting and political processes also.

In our own African-American communities we need to have greater respect for life and for each other.  Yes, Black on Black crime needs to be addressed but crime in general needs to be addressed.  Why the high crime rate?  I say lack of opportunities and incentives for businesses to go into certain communities.  This equals jobs, benefits and a life worth living.  Magic Johnson and others have proven that you can run successful businesses in any community.  When people feel like they don't have a life worth living they will do things that seem like they don't care or don't want to live.  What is there to live for?  When there are few jobs people hustle (no matter the color) however they can but when they get caught the punishment varies for the same crime.  Why is that?  I have yet to hear a sane explanation for wild swings in punishment for the same crimes when the only difference is the color of the defendant.  There has even been noted differences in the punishments for those in possession of crack cocaine and powered cocaine.  Why is that?

Those in possession of crack, a cheaper version of cocaine that is more frequently found in lower economic areas that have more people of color, receive much longer sentences than those in possession of powdered cocaine.  Powdered cocaine is more expensive and more frequently found in higher economic areas where there are less people of color.  Our current federal laws call for minimum sentencing of 5 years in prison for 28 grams of crack cocaine while the same minimum sentencing for the possession of powdered cocaine is 500 grams.  That is an 18:1 ratio.  Why is that?

It's not that drug use is more in one area versus another.  The use of drugs is virtually the same amongst whites and people of color.  Yet, arrest and conviction rates are higher in communities with people of color.  Could it be that what is now the big for-profit business that is our prison system needs bodies to feed it?  Our justice system has shown repeatedly that you can buy your level of justice based on how rich or poor you are.  Sometimes this is regardless of color.  The better representation you can buy the more you can get away with.  So people in lower income communities of all colors including poor whites become the fields that yield the fruit the prison system needs to stay profitable.  Unfortunately, those plucked from the these fields are overwhelmingly people of color.  I wonder what will happen when all of these poor people, white, black and all in between figure out that their plight is actually the same and that they are being manipulated to hate each other so that they don't figure out they should be on the same team?

Race is an issue.  These events will continue until we admit that racism didn't end with slavery, it did not end with the Civil Rights Act of 1964 it changed.  There are plenty of good and great people in this country of all colors but most are afraid to have a real conversation about race.  People of color and whites tend to get bent out of shape about it and can't have a rational discussion about it.

Lastly, I sadly have a 17 year old son that I have to coach to turn on the dome light if he is pulled over at night and to make sure his hands are visible to reduce the chances that the officer does not think there is a weapon in the car and start firing.  Something is wrong when that is part of me raising my son.  There is a lot more to write but I will save it for the next post.


That's All I got!
I'm Out!
44Black


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