Читать книгу Law Enforcement–Perpetrated Homicides - Tom Barker - Страница 9
ОглавлениеIntroduction
As stated, LEOs as perpetrators in homicides—legal and illegal—were present and a problem in the historical unfolding of American interactions with individuals, groups, or classes of people. However, police-perpetrated homicide was not always recognized as a national social justice problem. Before the 1960s police crisis, LEO homicides received little attention and police agencies were vague or silent on how many citizen deaths were the results of police actions. That changed in the evolving modern social climate created by the tragic events following the shooting of Michael Brown in Ferguson, Missouri (Davis, 2017; Zimring, 2017; Prator, 2018). Today, law enforcement–perpetrated homicides evoke public and social media debates. Today the killing of a citizen by a LEO under questionable or disputed circumstances receives 24/7 media attention.
Sooner or later, police agencies no matter the size or the government level will experience a police-perpetrated homicide incident. The agency must be prepared to cope with the situation. Any police homicide is problematic, but controversial and contentious details require some finesse and understanding by law enforcement authorities—virtues missing in most police CEOs. The law enforcement agency must have in place plans to handle the inevitable media coverage. However, the typical law enforcement response to police-perpetrated homicides has been a public relations disaster (see Text Box 2.1).
Text Box 2.1 Police-Perpetrated Homicides: Police Public Relations Disasters
Dr. Loretta Prator is a leading spokesperson for the accountability of police agencies for homicides caused or related to U.S. police actions. She is a retired college professor and former dean of the College of Health and Human Services at Southeast Missouri State University. She was thrust into her spokesperson role by the tragic death of her thirty-five-year-old son, a police homicide victim on January 2, 2004. According to newspaper and police reports, the unarmed African American male experiencing a mental health issue was taken to the ground, handcuffed behind his back, pepper sprayed, beaten and kicked by four members of the Chattanooga, Tennessee Police Department (Zulz, February 25, 2008). The medical examiner ruled the death a homicide. No officers were charged and the police handled the family in an admitted callous manner, leading to a civil suit. In 2006, the city of Chattanooga reached a $1.5 million settlement with the family. The terms of the settlement were:
(1) Pay the plaintiff $1, 500,000, 00, (2) have an independent expert conduct an audit of Police Department’s Office of Internal Affairs regarding existing and recommended policies and procedures for Internal Affairs investigators, and (3) consult with an independent expert regarding existing and recommended policies and procedures for current training on positional asphyxia and related topics. In addition the settlement will allow Loretta Prator, a college professor, to create a video explaining the loss of her son which will show to new recruits in several upcoming training academies or Ms. Prator will personally appear for a training session during the next three upcoming academies for new police officers.
Source: Anon, December 6, 2006.
Prator’s (2018) recent book on the death of her son in police custody under disputed details, and the disingenuous calloused reaction of the police authorities, should be required reading for all law enforcement supervisors. The Chattanooga PD reaction to the death exacerbated the grief by the family and confused and enraged large portions of the public. The same public outrage occurred following the police homicide of Michael Brown.
Michael Brown’s Death
The handling, or mishandling, of Michael Brown’s body by the Ferguson Missouri PD was barbaric. The heavy-handed militarized response by the authorities after the shooting enflamed the viewing public and resulted in riots and disturbances throughout the country. There were calls for the criminal prosecution of the officer from civil rights groups and social justice advocates. Suddenly, LEO homicides that have a long, sordid history in the United States became a national social justice issue with the fear-driven police homicide under scrutiny. The social reaction should have been anticipated.
Need to Identify the Types of Police-Perpetrated Homicides
The public reaction to the Brown homicide elevated U.S. police homicides to a social issue and a search for past examples of police homicides. The search for instances of police-perpetrated homicides revealed that citizen deaths at the hands of LEOs occurred under a variety of circumstances having little to do with police shootings. There was a real need for a typology or classification of police homicides. My preliminary search found multiple law enforcement homicides, including intentional murders, occurred before Michael Brown was shot to death. The police homicides found in my search of a convenience sample of police violence cases, combined with decades of researching misconduct and crime, buttressed by my personal experiences were used to develop a rough model of a typology of police-perpetrated homicides.
Selected Examples of LEO-Perpetrated Homicides
Many of the following selected cases come from a “List of killings by law enforcement officers in the United States 2011, 2012, 2013, 2014 and 2016” (Wikipedia.org/wiki/List…by_law-enforcement_officers_in_the United States). The examples in no way portray a scientific quantitative analysis of police homicides; however, they represent the variety of LEO-perpetrated homicides three years before and up to the death of Michael Brown in 2014 for the purpose of typology development. Cases two years after Brown’s police homicide were also included. The examples come from open-source records and not official statistics, a recommended source for information on police shootings (Zimring, 2017). However, the open-source data describes the nature of the events presented. Therefore, it was possible to go to the original newspaper sources for additional information, a necessity for typology development. The incidents are listed by preliminary type—for example, justified shootings, accidental, suicide by cop, death from non-deadly devices, in-custody homicides, and murder.
Fatal Accidental Shootings
A twenty-one-year-old man in Merced, California, was killed by stray police bullets as officers repeatedly fired at an eighteen-year-old man who pointed a gun at them. The Merced police charged the eighteen-year-old for the murder under the felony homicide rule—2011.
A firearms instructor accidentally killed a female Georgia probation officer during a training class—2011.
A Columbus, Ohio, a man called 911 to report burglars in his home and was shot and killed by the responding officer, a seventeen-year police veteran. A gun was found near the victim, but the police did not confirm where the weapon came from or if the victim had it in his hand when he was shot (Manning, July 20, 2012).
A forty-one-year-old female hostage was killed in a Stockton, California, shootout between the police and two bank robbers—2014.
A “Cops” television crew member was accidentally shot and killed by an Omaha, Nebraska police officer. He was covering a shootout between police and armed robbers.
A retired Pennsylvania State Police Corporal pleaded guilty to five counts of recklessly endangering another person. There were five troopers, including one who died, in the room when the Corporal negligently fired a loaded weapon (Clark, May 19, 2015).
NYPD officers responding to a stabbing incident killed the assailant and accidentally killed the victim—2014.
Friendly Fire Police Homicides
A retired ATF special agent trying to arrest a pharmacy robber in December 2011 was fatally shot by an off-duty officer.
Lakewood, Colorado police officer, was killed by another officer when responding to shots fired call—2012.
A San Francisco, California detective sergeant was killed by another officer while they were making a probation check—2014.
Vehicular Police Homicides
A sixty-two-year-old man driving on a moped in the center-driving lane was struck and killed by a speeding Firerest, Washington deputy responding to a backup call. The officer making the backup call was looking for someone who fled a traffic stop—2011.
A female Avondale Estates, Georgia, police officer was driving twice the speed limit not on an emergency call when she T-boned another vehicle killing the two occupants—February 2011. The officer was indicted on two counts of vehicular homicide and reckless driving. She pleaded guilty and was sentenced to ten years with serving three in prison (Anon February 6, 2015).
A Dallas, Texas, police officer following an ambulance struck and killed a forty-three-year-old female pedestrian at 3 a.m. on January 22, 2012. The officer was exceeding the speed limit without his emergency equipment—lights and siren on. It was ruled that the deceased victim did not yield the right of way to a marked police vehicle (Heinz, January 23, 2012).
An Atlanta police officer was fired and charged with second-degree vehicular homicide after his police car traveling at high speed on an emergency call struck a BMW killing the driver (Richardson, M. July 26, 2012).
A Tucson, Arizona, officer responding to a fight call with his lights and siren on struck and killed a pedestrian crossing the street—2012.
A female pedestrian was struck and killed by a Harrisburg, Pennsylvania, police vehicle when she ran in front of the patrol car. Witnesses say she was reading a text or running to catch a bus and not paying attention—2012.
A Baltimore, Maryland, police officer on an emergency run to a shooting struck and killed a pedestrian—2012.
A Los Angeles County deputy struck and killed a bicyclist in the bike lane. The deputy was distracted by his mobile digital computer—2013.
A Minneapolis, Minnesota officer, responding to a shooting call ran a red light and struck a motorcycle killing the driver and injuring his passenger—2013.
A sixty-year-old Portsmouth, Virginia woman was struck and killed by a police vehicle, not on an emergency run—2013.
A New York State Police SUV struck a thirty-year-old Au Sable, New York woman and her small children. The woman was killed. The state trooper failed to yield the right of way—2014.
Suffolk County, New York Sheriff’s deputies were responding to an emergency call when they struck and killed a pedestrian—2014.
A Franklin Township police officer driving 20 miles per hour over the speed limit without his lights and siren on struck and killed a ten-year-old boy crossing the street—2014
Justified LEO Fatal Shootings
Clear and Present Danger Police Homicides
An on-duty Santa Maria, California, police officer was fatally shot by other Santa Maria officers when he resisted arrest for illegal sexual relations with a female Police Explorer—2012.
Malden, Massachusetts, police officers were pursuing an armed bank robbery suspect when he shot three times at the officers. The suspect had carjacked three vehicles in his escape attempt. He was driving the third vehicle when the officer shot and killed him—2012.
Miami, Florida, officers shot and killed a naked man while he was eating the face off another naked man on a public causeway—2012.
A New Bedford, Massachusetts, man was fatally shot in 2012 by gang unit detectives after he stabbed one of the detectives with a hunting knife.
Two Charleston, West Virginia, police officers pulled over a man, and an altercation developed. The suspect took one of the officer’s gun and shot both officers. One officer died at the scene and the other a week later. The suspect fled and was involved in a shootout with a third officer. This officer although wounded killed the suspect—2012.
Two Philadelphia officers responded to a fight call. One of the combatants turned to the officers with a knife and was shot to death.
A Riverside, California, man was shot to death after he rammed a police car with a stolen car—2013.
A Santa Monica, California, man went on a killing spree that left four dead and five wounded. He was cornered in a college library and killed in a shootout with police. He wore body armor and a helmet and carried several firearms—2013.
A Fort Lauderdale, Florida, police officer was indicted for manslaughter after shooting a black man carrying an unloaded pellet gun down the street. The man had just bought it at a pawnshop. There was conflicting testimony in the case. The officer received an award for the shooting, which outraged the family. The manslaughter charges were later dismissed—2013.
Fear-Driven Police Homicides
An officer fatally shot an unarmed Shreveport, Louisiana, man after he allegedly reached for the officer’s gun during a struggle with the officer—2011.
An unarmed East Point, Georgia, man was shot and killed after making a “threatening gesture” toward officers conducting a “knock and announce” drug search warrant—2011.
Houston officers responded to a home burglary, and three suspects fled when they arrived. One suspect was caught and then fatally shot when he allegedly attempted to take an officer’s gun—2012.
An unarmed man was shot to death by two U.S. Marshals pursuing him for a probation violation. He allegedly tried to crash into their car—2012.
A man who was stopped for a speeding violation allegedly attempted to choke the Alma, Arkansas, officer who was trying to handcuff him. The officer shot and killed him—2012.
Two members of the U.S. Marshals Fugitive Task Force shot and killed a Vancouver, Washington, man through the windshield of his car when he “escalated the situation.”
Suisun City, California man was killed after pointing a pellet gun at police—2013.
Sonoma County Deputies were responding to a suspicious person call when they spotted a thirteen-year-old boy walking in a vacant lot. He was carrying what they thought was an assault rifle. The officers claimed that the boy disregarded commands to drop the weapon. One deputy fired eight rounds at the boy from 20 to 30 feet away, striking him seven times and killing him. The boy was carrying an airsoft replica of an AK-47 that fired plastic pellets. The district attorney ruled the homicide justified—2013.
Two San Diego, California, shot and killed a man while serving a drug warrant. The man was shot when he allegedly reached for his waistband after he was ordered to show his hands—2014.
Two Oak, Texas, officers shot and killed a mentally ill man who refused their orders to drop a screwdriver—2014.
Eighteen-year-old Michael Brown was fatally shot to death after assaulting a Ferguson, Missouri, police officer and reaching for his weapon. The shooting and the alleged police overreaction led to nationwide protests and demonstrations and the Black Lives Matter movement—2014.
Twelve-year-old Tamir Rice was killed. He held a replica gun. The shooting was controversial and lead to riots and demonstrations.
A Texarkana, Texas, police officer shot and killed a mentally ill man who was holding an 8-inch metal spoon.
Unjustified Shootings
In August 2011, a Eutawville, South Carolina, police chief was charged with murder in the fatal shooting of a man who complained about his daughter’s traffic ticket. The white police chief was tried twice for killing the black man. Both trials ended in hung juries. A third trial was ruled out when the former chief pleaded guilty to misconduct in office and received a one year home detention sentence (CBS News, September 1, 2015).
A Del City, Oklahoma, police captain was sentenced to four years in prison for manslaughter for the fatal 2012 shooting of an eighteen-year-old man after a short police pursuit (Dinger, February 5, 2014). Evidence at trial revealed that the police captain was under the influence of hydrocodone when he shot the teenager in the back as he ran away.
A Garland, Texas, officer was charged with manslaughter after firing forty-one times at the driver of a thirty-minute pursuit with speeds up 100 miles per hour. The officer allegedly did not give the suspect time to comply before he started shooting—2012.
Two Utah detectives shot and killed twenty-one-year-old Danielle Willard in 2012 after she allegedly tried to hit them with a car as she fled a drug buy. The district attorney ruled the shooting unjustified as their stories do not match the evidence. One officer has been charged with manslaughter, and the other was fired for an unrelated offense. Civil suits are pending (Jauregul, December 6, 2017).
A former Fairfax County, Virginia, officer pleaded guilty to involuntary manslaughter in 2016 for the 2013 fatal shooting of a man during a domestic disturbance call (Jackson, April 18, 2016). The officer was initially charged with murder.
A white North Augusta, South Carolina, Public Safety Officer was indicted for the felony shooting a black man after a police chase—2014.
Two Albuquerque police officers were indicted for first-degree murder after shooting a homeless mentally disturbed man illegally camping—2014.
A Missouri Highway Patrol trooper was charged with first-degree involuntary manslaughter when a boater he arrested and handcuffed fell into the water and drowned—2014.
A white Norfolk, Virginia, police officer was indicted for voluntary manslaughter after shooting a mentally ill black man—twice in the back. Allegedly, the man threatened the officer with a small knife—2014.
Non-Lethal Devices Homicides
A Lake Arrowhead man died after being beaten and tased two dozen times by three San Bernardino County Sheriffs Deputies in August 2011.
CAUSE OF DEATH: Sudden cardiac death due to conducted electrical weapon discharge.
MANNER OF DEATH: Homicide
Office of Medical Examiner: New
The medical examiners report above set off a series of civil lawsuits.
In 2012 a hospital called the police and asked for a welfare check of a man who had been discharged the night before for a brain seizure. The man called the hospital and threatened to harm himself. The responding officer, a Vermont State Trooper, fired a Taser into the man’s chest after the man made a “threatening move” toward him. The trooper was cleared of all charges (Davis, June 18, 2014).
A three-hundred-pound Fort Worth, Texas, man died after being tased multiple times—2013.
Park Forest, Illinois, police officers tased a man and shot him with five bean bag rounds. One of the rounds hit the man in the stomach and killed him. The officer was charged with felony reckless conduct—2013.
An eighteen-year-old was spray painting the outside of vacant McDonald’s restaurant in Miami Beach, Florida, in 2013. When officers approached he ran off and ignored commands to stop. He charged toward an officer who shocked him with a Taser. He became unresponsive and died in the hospital.
Deputies with the Mohave County, Arizona, Sheriff’s Office chased a motorcycle without a rear license. The rider became combative and was tased twice. He stopped breathing and died—2014.
A Tamaqua, Pennsylvania, man died after being tased by several officers—2014.
A Baytown, Texas, unarmed man died after being tased twice by a Chambers County Deputy. The incident was investigated by the Texas Rangers—2014.
A Kansas City, Missouri, man died after being shocked by a Taser in 2014.
Escambia, Florida County, deputies shocked a twenty-eight-year-old man until he lost consciousness. He died two weeks later—2014.
Suicide by Cop
Lakewood, Washington, officers shot and killed a woman in what appears to be an incident of “Suicide by Cop” when she pointed what turned out to be a BB gun at them and yelled “shoot me shoot me”—February 2011.
A San Antonio man called a crisis hotline saying he was contemplating suicide. The police responded and found the man walking down the street with a handgun. He fired at the police, and they shot and killed him.
A Vermont man wanted for a suspected home invasion was being chased at night on foot through a wooded area. He turned toward a Vermont State Trooper, took a shooter stance, and pointed a cell phone at the trooper. The trooper feared that the object was a gun and shot the suspect. The trooper administered first aid, called for an ambulance, and asked the man why he did what he did. The man responded, “I wanted to die” (Anon, 2012).
A man confronted Silver Springs, Florida, police officers responding to a call about a suicidal person with a gun in his hand. They shot him and found out the weapon was a replica—2012.
In what is considered an act of suicide by cop, a Martinsburg, West Virginia, woman called 911 and made a false report. She said another woman was holding her hostage at gunpoint. When the police arrived, the woman who called in the false report came out of the house with a gun in her hand and approached the officers. The officers shot and killed her (Ains & Umstead, December 28, 2012).
In what appears to be a suicide by cop incident, a Tucson, Arizona, woman called 911 and said she was going to kill herself. The responding officers found her outside her residence with a man. She took her gun out and refused to drop it. The police fatally shot her and wounded the man—2013.
A Manheim, Pennsylvania, man called 911 and announced that he would not be taken alive. When officers arrived to investigate, he pointed a Daisy Powerline air gun with a scope at them, and they fatally shot him thinking it was a real rifle—2013.
A Sunnyvale, California, man stabbed his wife to death and then called 911. When the officers arrived, he charged at them with a knife and was shot multiple times—2013.
A twenty-one-year-old female was shot and killed by responding officers after her boyfriend called and said she was suicidal—2014.
An Espanola, New Mexico, man called 911 about a suspicious and possibly armed man. He described the man with the clothes he was wearing. He presented a gun to the responding officers and was shot and killed—2014.
A Jacksonville, Florida, murder suspect was shot and killed by the Sheriff’s Department SWAT team after he confronted them while holding a box stuffed in a black sock to resemble a gun.
In-Custody Homicides: Jails and Lockups
Custody officers at the Brooklyn Central Booking Jail ignored a female inmate’s call for medical attention for seven hours before she died.
An Eastern Oregon Correctional Institutional Corrections officer shot and killed an inmate who would not stop beating another inmate—2014.
A Jefferson County, Alabama Jail inmate died after being shocked with a Taser by a corrections officer—2014.
An inmate was shocked three times in eight hours by officers in the New London, Connecticut Police Department Jail before his death—2014.
Murder
A Las Vegas Police Lieutenant killed his wife and five-year-old son and then set fire to the house. He called 911 and waited for the officers. When they arrived, he shot and killed himself—2013.
A female Indianapolis Metropolitan Police Officer was murdered by her ex-husband also a sergeant with the same department. He committed suicide after the murder—2014.
A Natchitoches, Louisiana, police officer kidnapped and beat another man to death in 2013 in a dispute over a woman. He was found guilty of first-degree murder in 2015 and sentenced to life in prison (Roy, October 17, 2015).
In January 2014, an on-duty Border Patrol Officer drove 160 miles to murder his wife’s lover. He was convicted and sentenced to thirty years in prison after pleading guilty in 2015.
A Santa Fe, New Mexico, deputy sheriff was charged with murder for killing his partner after a drunken argument in a motel room. They were staying in the room after extraditing a prisoner—2014.
A Rocky Ford, Colorado, police officer was sentenced to sixteen years in prison after his second-degree murder conviction of an unarmed man in 2014.
A female Memphis PD officer was convicted of second-degree murder and sentenced to twenty years for killing her wife, also Memphis Police officer in 2014.
A Midland, Texas, police sergeant killed his wife and then committed suicide—2014.
A Delaware County, Pennsylvania, deputy broke into his former girlfriend’s house and killed her and shot her teenage daughter—2014.
A New Jersey State Corrections killed his girlfriend and then committed suicide—2015.
A white Montgomery, Alabama, police officer was charged with murder after tasing, beating, and shooting an unarmed black man—2015. He is still waiting for trial.
Typology of Law Enforcement Perpetrated Homicides
Zimring (2017), a leading authority on police killings, confines his discussion to police shooting deaths. However, he is aware that the shooting-only distinction of police killings results in some police homicides being omitted. He cautions that including other police-caused deaths from the police use of force or misadventure may be misleading. Zimring uses the example of deaths from the use of Tasers and argues that the officer did not intend to kill when he stunned his victim. This example shows the error of not including Taser deaths. His academic opinion is disputed by legal decisions. For example, a former Michigan State Trooper was sentenced to five to ten years in prison after being convicted of involuntary manslaughter for his reckless use of a Taser (Anderson, May 13, 2019). The trooper who was riding as a passenger in the police vehicle reached out the window and stunned a fifteen-year-old boy driving an ATV, causing him to crash into a parked truck. The teenager died of his injuries. Also, in 2016, a former East Point, Georgia police officer was sentenced to life in prison for the murder of an unarmed black man who was shocked with a Taser more than a dozen times while he was in handcuffs (Hawkins, December 22, 2016). His police partner during this incident was acquitted of murder but convicted of involuntary manslaughter and reckless conduct. He was sentenced to eighteem months in prison.
The narrow approach advocated by Zimring and others does not reflect the real world of police homicides. As indicated in the selected examples, some LEO homicides are intentional, such as justified shooting, some are accidental—friendly fire deaths or driving while distracted, others are victim precipitated as in suicide by cop. Other police homicides result from careless and reckless action when performing a legal objective. Finally, some police homicides are murders for sex, to conceal a crime, to profit from crime and other personal reasons. From a criminal justice perspective, we examine the homicide type from the outcome of the act.
The incidents cited earlier document the complex nature of police homicides. There are multiple patterns or types of homicides indicated in the open-source data. Moreover, we know from official sources, open-source data, and research that LEO-caused homicides still occur.
Police-perpetrated homicides involve different patterns of police behaviors and police actors, and include accidents, friendly fire deaths, use of less-than-lethal weapons, motor vehicles, victim-precipitated deaths, and intentional murders. The book’s purpose is to present a Typology of Police-Perpetrated Homicides based on archival information, official statistics, open-source materials, scholarly studies, and the author’s personal experiences as a working police officer, police academy instructor, and police deviance researcher for over forty years (see Text Box 2.2). Prevention and intervention strategies are facilitated by the identification of types with similar characteristics.
Text Box 2.2 Typology of Law Enforcement–Perpetrated Homicides
• Accidental Homicides
⚬ Fatal Shootings
⚬ Friendly Fire Deaths
⚬ Vehicular Homicides
• Justified Shooting Homicides
⚬ Clear and present danger homicides and fear-driven homicides
⚬ Non-lethal Device Deaths—Tasers
• Suicide by Cop
• In-Custody Homicides-Jails and Lockups
• Murder
Conclusion
The proposed Typology of Law Enforcement Perpetrated Homicides is a heuristic device to move from a description of police homicide by patterns to theoretical developments and prevention. Different types suggest different causes, correlates, and consequences. One remedy does not fit all types. For example, accidental gunshot deaths appear to be a policy and training issue; pursuit deaths may involve training, policy development, and increased supervision; suicide by cop seems to require mental health awareness and de-escalation training, and numerous police homicides are the result of poor vetting. From a criminal justice perspective, the types are useful to academics, students, and practitioners. The professional law enforcement community can use this tool for research and planning, the development of policies and procedures, supported by training, and the appropriate discipline.
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