Call and Respond

That is phrase often synonymous with Churches. Music, Schools or with in fact Police radios. The idea is that a Speaker’s words are punctuated by the audience/listeners. In music this is called antiphony and that is the act of responding to the singer as a way of affirming and communicating with them directly as a type of dialogue. It is a history rich in African Culture that has long extended itself into the mainstream with many doing this in Civic Affairs. See a Donald Trump MAGA rally for example. Ah the irony.

But there is another Call and Response associated with Law Enforcement when a call is made to Police through 911 it is transmitted to the local force in the area and with they are to respond to the code used for the call. A common one is 10-31 Criminal Act in process. Another is 10-16 – Domestic Problem. And today’s Police seem to arrive to most calls as if was 10-32 – Gun or Firearm. Yes that is our Police force today, armed and ready at all times to protect us from apparently ourselves. 

When I read the article I have printed below, another from my former home State, Washington, was in the news about a settlement that literally paid the Officers off for killing the man on his way home.  This from the Washington Post:

Ellis was on his way home after picking up a late-night snack at a 7-Eleven when Burbank and Collins stopped him and engaged in casual conversation, according to a report from Ferguson’s office. The two then wrestled Ellis to the ground. In video footage of the incident, Ellis can be heard telling the officers multiple times that he cannot breathe.

The officers had said that Ellis was violent and had tried to get into a nearby car, compelling them to use force, though witness testimonies and video footage called those claims into question.

Could not find the code for that one.

So the protests, the rage, the anger and the money spent to “defund Police” or at least attempt to get Police to stop the mass shootings a massive failure.  I would consider 1200 plus people killed by Police via a neck or a gun or a taser, a stun gun or by running into them into a car regardless of the incident and where it happened and why, I my definition it is akin to mass murder. A type of Genocide that Police commit across the Country at least 3 times a day. 

So the new year has begun and the month of January is now half over. How many have died already? Well there is this one, but I assume they will be busy the next few weeks in which to hit those numbers. So every time you call, you know they will respond. Say their name.

2023 saw record killings by US police. Who is most affected?

Officers killed at least 1,232 people last year – the deadliest year for homicides by law enforcement in over a decade, data shows

Sam Levin in Los Angeles The Guardian Mon 8 Jan 2024

Police in the US killed at least 1,232 people last year, making 2023 the deadliest year for homicides committed by law enforcement in more than a decade, according to newly released data.

Mapping Police Violence, a non-profit research group, catalogs deaths at the hands of police and last year recorded the highest number of killings since its national tracking began in 2013. The data suggests a systemic crisis and a remarkably consistent pattern, with an average of roughly three people killed by officers each day, with slight upticks in recent years.

The group recorded 30 more deaths in 2023 than the previous year, with 1,202 people killed in 2022; 1,148 in 2021; 1,160 in 2020; and 1,098 in 2019. The numbers include shooting victims, as well as people fatally shocked by a stun gun, beaten or restrained. The 2023 count is preliminary, and cases could be added as the database is updated.

High-profile 2023 cases included the fatal beating of Tyre Nichols in Memphis; the tasing of Keenan Anderson in Los Angeles; and the shooting in Lancaster, California, of Niani Finlayson, who had called 911 for help over domestic violence. There were hundreds more who garnered little attention, including Ricky Cobb, shot by a Minnesota trooper after he was pulled over for a tail light violation; Tahmon Kenneth Wilson, unarmed and shot outside a Bay Area cannabis dispensary; and Isidra Clara Castillo, killed when police in Amarillo, Texas, fired at someone else in the same car as her.

Here are some key takeaways from the data and experts’ insight into why US police continue to kill civilians at a rate an order of magnitude higher than comparable nations.

Police violence is increasing as murders are falling

The record number of police killings happened in a year that saw a significant decrease in homicides, according to preliminary reports of 2023 murder rates; one analyst said the roughly 13% decrease in homicides last year appears to be the largest year-to-year drop on record, and reports have also signaled drops in other violent and property crimes.

“Violence is trending downwards at an unprecedented rate, but the exception to that seems to be the police, who are engaging in more violence each year,” said Samuel Sinyangwe, a policy analyst and data scientist who founded Mapping Police Violence. “It hits home that many of the promises and actions made after the murder of George Floyd don’t appear to have reduced police violence on a nationwide level.”

Some advocates say the lack of systemic reforms and continued expansion of police forces have helped sustain the high rates. Polls show most Americans believe crime is rising, and amid voter concerns about safety and violence, municipalities have continued to increase police budgets.

Monifa Bandele, an activist on the leadership team for the Movement for Black Lives, said that while state and local governments continue to rely on police to address mental health crises, domestic disputes and other social problems, killings will continue: “The more police you put on the streets to interact with members of my community, the greater the risk of harm, abuse and death.”

Many people were killed while trying to flee police

The circumstances behind the 2023 killings mirrored past trends. Last year, 445 people killed by police had been fleeing, representing 36% of all cases. There have been efforts across the country to prevent police from shooting at fleeing cars and people, recognizing the danger to the public. But the rates have been steady in recent years, with one in three killings involving people fleeing.

The underlying reasons for the encounters were also consistent. In 2023, 139 killings (11%) involved claims a person was seen with a weapon; 107 (9%) began as traffic violations; 100 (8%) were mental health or welfare checks; 79 (6%) were domestic disturbances; 73 (6%) were cases where no offenses were alleged; 265 (22%) involved other alleged nonviolent offenses; and 469 (38%) involved claims of violent offenses or more serious crimes.

“The majority of cases have not originated from reported violent crimes. The police are routinely called into situations where there was no violence until police arrived and the situation escalated,” Sinyangwe said.

Sheriffs’ departments and rural regions are driving the increase

In 2023, there were more killings by police in rural zip codes (319 cases, or 26% of killings) than in urban ones (292 cases, or 24%); the remainder of killings were in suburban areas, with a handful of cases undetermined. This marks a shift from previous years when the number of killings in cities outpaced rural deaths.

County sheriff’s departments, which tend to have jurisdiction over more rural and suburban areas and face less oversight, were responsible for 32% of killings last year; 10 years prior, sheriffs were involved in only 26% of killings.

Black Americans were killed at much higher rates

In 2023, Black people were killed at a rate 2.6 times higher than white people, Mapping Police Violence found. Last year, 290 people killed by police were Black, making up 23.5% of victims, while Black Americans make up roughly 14% of the total population. Native Americans were killed at a rate 2.2 times greater than white people, and Latinos were killed at a rate 1.3 times greater.

Black and brown people have also consistently been more likely to be killed while fleeing. From 2013 to 2023, 39% of Black people who were killed by police had been fleeing, typically either running or driving away. That figure is 35% for Latinos, 33% for Native Americans, 29% for white people and 22% for Asian Americans.

Albuquerque and New Mexico had the deadliest rates

Police in New Mexico killed 23 people last year, making it the state with the highest number of fatalities per capita, with a rate of 10.9 killings per 1 million residents, Mapping Police Violence found.

In one New Mexico case in April, Farmington officers showed up to the wrong house and killed the resident, Robert Dotson, when he opened the door with a handgun. In November, an officer in Las Cruces near the border fatally shot Teresa Gomez after he questioned why she was parked outside a public housing complex.

Albuquerque, New Mexico’s most populous city, also ranked highest in killings per capita among the country’s 50 largest cities. Albuquerque police killed six people in 2023, while many cities with substantially larger populations, including San Jose and Honolulu, each killed only one civilian last year. Some advocates have said gun culture in the state, particularly in rural areas, could be a factor in the high rates of police violence.

A spokesperson for the New Mexico governor, Michelle Lujan Grisham, said in an email that she was “committed to promoting professional and constitutional policing”, and noted the governor signed a bill into law last year “aimed at increased accountability for those in this critical profession”. SB19 established a duty to intervene when officers witness certain unlawful uses of force; prohibited neck restraints and firing at fleeing vehicles; and required the establishment of a public police misconduct database.

Spokespeople for Albuquerque police did not respond to an inquiry on Friday.

Few officers face accountability

From 2013 to 2022, 98% of police killings have not resulted in officers facing charges, Mapping Police Violence reported.

This contributes to the steady rate of violence, said Joanna Schwartz, University of California, Los Angeles law professor and expert on how officers evade accountability for misconduct: “Even with public attention to police killings in recent years and unprecedented community engagement, it’s really business as usual. That means tremendous discretion given to police to use force whenever they believe it’s appropriate, very limited federal and state oversight of policing, and union agreements across the country that make it very difficult to effectively investigate, discipline or fire officers.”

Problem officers with repeated brutality incidents or killings frequently remain on the force or get jobs in other departments, she noted.

Some cities experienced decreases in lethal force

Some cities with histories of police brutality had notably few killings in 2023. St Louis police killed one person last year, and there were no killings recorded by Minneapolis, Seattle or Boston police.

“It suggests that even places with longstanding issues can see improvement. It’s not fixed that they always have to be this way,” Sinyangwe said.

Bandele noted that community violence prevention programs have helped reduce reliance on police and limit vulnerable people’s exposure to potentially lethal encounters. Denver has received national attention for its program sending civilian responders to mental health calls instead of police. A Brooklyn neighborhood last year experimented with civilian responders to 911 calls.

“Every week, someone who needs mental health care ends up killed by police,” Bandele said. “But there are alternative ways to respond.”

Here we go again….

Yesterday the videos of the beating and ultimate death of Tyre Nichols of Memphis, TN was released. Of course the death loop and endless watching of this will accomplish little to nothing but will be used as evidence in the criminal trials of the four Officers who individually at some level contributed to his death, including clubbing him in the skull, tasing him, kicking him repeatedly and punching him then dragging his unconscious body to sit against the police vehicle and waited over 20 minutes for Medics to arrive. Ah those first responders that we so idolize right?

I write often about Nashville and my negative views of the State and that city in particular. I do want to say that Memphis is not a perfect city and there is immense poverty and of course there have been some hideous crimes that made the news, a serial shooter and the abduction, rape and murder of a Teacher on an early morning jog, but the reality is it is a city like many I have visited, both in the South, the North and the Midwest. And with that I have met amazing people and difficult people and come away with stories and a sense of a place that often is maligned and misrepresented in the media. And Memphis is one. It is a place of SOUL and much like the city down the river in Louisiana, New Orleans, it is complex polynomial. And I have found that in almost all my travels of said cities… Louisville, Cleveland, Baltimore. For the record Detroit has often been portrayed as such, but for the wrong reasons. I will never return there as there is nothing there.

I just returned from a day trip to Philadelphia and with that visited the Barnes Foundation and their Museum of Art to see two exhibits at each; Modigliani at the Barnes and Matisse in the 30s at PMA. Amazing venues, packed to the rafters with lovers of art and amazing individuals who were working the crowds that again lean to largely old white folks with varying ailments, disabilities and overall angst about being in public. A fun crowd. Okay but there were some younger and people of color at the PMA and they were expressing deep curiosity and interest at the art and the stories Matisse was telling in his work. The Barnes.. no. I am not sure that Modigliani was an artist that spoke to them in the way Matisse does in the popular culture. Sad really as he died at age 30 and his work is much more lush and complex than a simple viewing allows. The Barnes had taken X-Rays, Thermal Imagining and used other technologies to uncover a wealth of info and material on the artist. He reused other Artists canvas and painted over their work, he used cardboard and was also a painter who sketched and painted directly on the work only to revise it. Amazing exhibit and brilliant curation. My love of Matisse was only expanded by this exhibit at the PMA but it did not change my adoration that the MOMA accomplished with their amazing exhibit of the Red Studio last year. That will always be my most treasured exhibit as it was a “Where’s Waldo” moment to spot the art and the way the artist used a signature in all his works that at times is obvious and others less so. I learned a great deal so that knowledge came to use when someone asked what a yellow blob was in one work, and I said: “Flowers, Matisse loved flowers and they are in almost all his work these are just an Impressionist view.” And sure enough there were photos of the scene in the studio that showed the vase of flowers in their natural state. I owe that to MOMA.

The day in Philly was cold and I wandered the city and like many metro centers it was dead and many shops and businesses closed. I rode a largely empty subway to familiarize myself with their transit but basically it was an easy walk back to the Station after lunch at a recommended pub in the area. As always the people I met were charming and friendly and the food was well as most – average and expensive. I am becoming disappointed of late with the options of food and the lack of quality with regards to price. I see why the restaurants at the two Museums were packed and required reservations, as again options were few. But walking through Philly I saw charming blocks with restaurants and shops, not yet open but were there giving an indication that there are as always, pockets of activity tucked into corners worth exploring. I look forward to returning.

And I truly did not want to ruin that day with the images in that video, so this morning with my coffee I did and all I really did was focus on the sounds. The young man crying for his Mother, the Cops ranting and breathing heavily, their rage and ramblings and of course the last breaths of Tyre as he begged them to stop and they kept on beating him until there was nothing but silence. You see the red lights and hear the conversations between the Officers debate the condition of the man they have beaten to near death and with that you see others standing around watching, for who or what I am not sure but again it is very reminiscent of the Floyd killing only this is by five men of color repeatedly assaulting a man of color. They use every tool in their arsenal other than a gun, their feet, their hands, their clubs and their tasers. Did they think it was less severe or that a gun shot would be the final nail in THEIR coffin?

I leave it at that. I have little more to add and my rage, anger and sheer confusion about why this continues is not surprising. The protests will be less intense and fewer and we will go back to our homes, to our places of business, our places of congregation and we will do what we always do. Rage and rant and offer thoughts and prayers and nothing will change. Why? We simply cannot get guns out of the equation. No guns were found, nor shots fired and yet here we are, another death by the hands of the Police. They constantly complain they were in fear. I see none of that on display in that video, I see a man being yanked from the car, he being pushed to the ground, him managing to get up and run and they pursue him determined to find him and in turn determined to bring him to his knees. I saw the same video last week with the young Black Teacher on Wilshire in Los Angeles. And I will see it again in another city with another young Black man in the future. America we are a violent dangerous nation, obsessed with crime, obsessed with guns and in turn we see anyone as the enemy. I see the Police as mine but I have for years. I have been the victim of lies by Cops, their pursuit of lies and a Medic who enabled and assisted them in doing so. First Responders are the agents of death not of saviors. They can all go fuck themselves.

A Memorial

This marks a year from the death of George Floyd, in that same year 965 others who were killed at the hands of Police, some known some not. We need to know their names as well.

And with that I will say that Police Reform in some States has moved forward while the federal reform promised has stalled as the issues surrounding the rise of gun violence, crime and physical assaults on people of color and of faith has risen as well, making everyone still angry, still afraid and still looking for answers.

I don’t think anyone in this country reads anything. I have said that my loathing of Millennials leads me to have a cognitive bias towards that Generation as they are very demanding of safe spaces and in mandating change yet few of them seem to have ever read a history book, picked up a newspaper or read a journal that covers said issues in detail. To note I was discussing Feminism and a young millennial declared Camile Paglia, her Feminist idol, (a farce given her views she is not), so when I referred her to an current article about Camille Paglia, who is now Trans and still not a Feminist, (odd) said: “That is a lot of words could you just sum it up for me with the important part.” I refused and said, “Try reading, you may learn something.” Not the first time I have had that discussion with that group, proffering articles and magazines and knowing that they are tossed aside upon my departure. The young man keen on getting into my pants was discussing this very issue of Police reform and I gave him an article from the NYT to review. He never discussed it and then wondered why I was not ever going anywhere with him. Truly what would our convos other than him touching my hair or commenting about me getting laid would we have? Oh yeah the part about what he wants on his sammie after he is done servicing me.

And with that the barometer of how I feel about sex and sexuality is my own and I would never presume, just like my own Atheism, that anyone has to agree with me nor even understand its history, but just treat me with respect and know that I have come to these places with full knowledge and time spent working through it. This folks is what is called “my truth.” And for many all of this is an ongoing learned process through encountering others not like you, reading and more importantly taking the time to do the work. Name me three millennials who do. Yeah, me neither. So the protests for George Floyd, were in my mind for all the thousands who have come before and since.

And with that we now are coming to day 438 of Covid Theater, the drama never ends even as we begin to resume to normal. There will be mass evictions I suspect and despite the demand for employees we are seeing fewer return to the work force by choice due to the low wages and crappy working conditions that existed prior to the pandemic. The exodus from the cities will continue and the debate about a centralized workplace will also be examined as this is not simply a light switch that turns back on. Even Biden is considering making some Government positions to permanently remain off site. Again he never ceases to amaze me each day.

And what about Covid itself, will we ever get the answers and the truth about the virus? Yes and no. We still have quite a large failure on the part of the Trump Administration to acknowledge their failures regarding this among many, don’t look for a January 6th commission anytime soon, so it will largely become a project I suspect for scholars to analyze with regards to the mistakes and severity of it all in decades to come. But the real truth, the origin of the virus itself is coming to light. I early on communicated with a Biology Professor who was sure that it was not Zooinotic and that it was an airborne flu-like virus that was almost random in the way it affected individuals who contracted it and at that point they were unclear as to the length and distance it traveled and remained in air. Since then we have decreased the space between people from 6 to 3 and the time frame was once considered 30 minutes now due to variants sits at 15. The CDC has finally acknowledged it is airborne and admitted well into the pandemic it was not tactile, that asymptomatic transmission is possible and yes folks being outdoors is the least likely way to contract Covid. Poor ventilation, air circulation, veracity of the virus in the host and close, prolonged contact is the source which again months spent on cleaning and other bullshit means, such as temp taking and erecting barriers did nothing to actually STOP THE SPREAD.

There is now clear information coming out that the lab in Wuhan as early as November 2019 had cases of two workers with the same symptomatic illness and in turn hospitalized. This is from Pro Publica’s research and collection of information regarding Covid.

Early in the pandemic, President Donald Trump and some scientists speculated about the possibility that SARS-CoV-2 was created and accidentally released by Chinese virologists doing some sort of research. That hypothesis was quickly and vehemently dismissed by the scientific establishment, which noted that the genetic makeup of the virus showed no signs of human tampering. I encouraged several ProPublica reporters last year to poke around on a slightly different theory: What if the beginnings of the pandemic were the result of a lab accident in which scientists studying the characteristics of coronaviruses inadvertently became infected with a wild virus and spread it to others.

Lab leaks are far more common than one might think and have occurred in the U.S. elsewhere. Our reporting turned up some officials who shared that suspicion. But none could offer any direct evidence that it had happened. This situation is among the least favorable arenas for investigative reporting — a debate in which all sides are drawing conclusions from minimal evidence released by a foreign government renowned for its tight control over information.

The credibility of the lab leak theory wasn’t helped by the breathless coverage by Trump-supporting media outlets that took as given China’s culpability. We moved on, but, partly based on my experience reporting on germ warfare, I continued to believe that a lab accident was one possibility among many that would explain the pandemic’s origins. In the year since, theories about the virus originating in a lab have gained traction, even among those who initially doubted it.

A growing number of scientists feel China was less than transparent in its recent dealings with a visiting World Health Organization team that was attempting to gather evidence on the beginnings of the pandemic. In a May 14 letter to Science magazine, 17 prominent researchers from around the world called on the WHO to look more closely at the lab theory. “We must take hypotheses about both natural and laboratory spillovers seriously until we have sufficient data,” they wrote. “A proper investigation should be transparent, objective, data-driven, inclusive of broad expertise, subject to independent oversight, and responsibly managed to minimize the impact of conflicts of interest.” Days later, Harvard’s Marc Lipsitch, one of America’s most respected epidemiologists, added his name to the letter. “There just aren’t any answers yet, one way or the other, about how the coronavirus that’s now ravaging the world began,” Lipsitch told WBUR, a Boston radio station. “What we are saying is that the existing evidence has not ruled out a laboratory origin, nor has it ruled out a natural origin. And there’s really no positive evidence, either. It’s just pretty much a lack of evidence right now.” The absence of facts fueled a frenzy of internet speculation, a fair amount of which has focused on the Wuhan Institute of Virology, a government-funded lab.

To conspiracy theorists, it cannot have been a coincidence that China happened to be doing research on coronaviruses just a few miles from where the pandemic broke out. The head of the institute, Dr. Shi Zheng-li, reminded me of many of the dedicated scientists I interviewed for the book “Germs.” Press accounts portray her as someone deeply committed to the battle against microbes. After China was hit by the SARS coronavirus in 2003, Shi led teams of researchers into caves to capture and take samples from bats that might be harboring more dangerous strains of the disease. When an inexplicable outbreak of pneumonia struck Wuhan

in December 2019, she worried that a coronavirus had somehow escaped her lab. She told Scientific American that she frantically reviewed records about the genetic makeup of her samples. Li said she was enormously relieved when she learned that SARS-CoV-2 was only 96% similar to its nearest relative at the institute — decades of evolution away from a match.

“That really took a load off my mind,” she said in her interview with Scientific American. “I had not slept a wink for days.” The Chinese came up with the now well-known theory for the origin of SARS-Cov-2. It began in bats and jumped to an intermediate animal that was sold at a wet market in Wuhan. Questions quickly arose about that narrative. Chinese authorities had destroyed all of the animals at the wet market soon after the outbreak began, and researchers have never been able to identify the intermediary animal that transmitted the virus to humans.

Then, the British medical journal The Lancet published a paper that poked another hole in the wet market theory. It reported that nearly one-third of the people initially treated in Wuhan hospitals, 13 of the first 41 patients, had no link to the market or to one another. The uncertainty about the origins of the pandemic have only deepened over the past year. More facts emerged about Shi’s training, including that she worked with scientists who spliced together coronaviruses, creating the same sort of chimera viruses the Soviet germ warriors were experimenting with back in the 1990s.

The 2016 paper documenting that research is now a central element in some of the online conspiracy theories. It had what turned out to be a prescient title. “SARS-like” coronaviruses, it warned, were “poised for human emergence.” The likely source? Chinese bats. As ProPublica President Dick Tofel likes to say, investigative reporting always begins with a question, not an answer.

On Sunday, The Wall Street Journal quoted U.S. intelligence reports that three members of the Wuhan institute had become sick in November 2019 and required hospital care for unspecified illnesses. The head of the institute, Shi, has said that all of her lab workers tested negative for exposure to SARS-CoV-2, a result some analysts viewed with skepticism given the prevalence of the virus in Wuhan.

The history of germ weapons shows that even eminent scientists can misread the evidence. In the early 1980s, Matthew Meselson, a Harvard geneticist and molecular biologist, disproved allegations that Hmong anti-Communists in Laos had been attacked by a mysterious Soviet chemical weapon known as “yellow rain.” Meselson and a colleague’s inquiry showed it was bee feces. On the other hand, Meselson backed the Soviet cover story that an outbreak of anthrax in the town of Sverdlovsk was due to consumption of contaminated meat. It turned out to be an accident at an anthrax factory. After the fall of Communism, Meselson was allowed to investigate in Russia and concluded that it was indeed a leak from a weapons facility. So where does that leave us? As I’ve watched the theories about the pandemic’s origin wax and wane, I believe more strongly than ever that reporters should begin their research agnostic and remain skeptical as new facts come to light. No story is ever really over. Certainly not this one.

We are a long way from ever knowing the full truth behind the origins of the virus and if it was intended to be a biological weapon, but never in the history of the globe has a virus done this much damage to as many countries at a single moment as Covid has.

I was reading Salaman Rushdie in the Post and he said this: We are not the dominant species on the planet by accident. We have great survival skills. And we will survive. But I doubt that a social revolution will follow because of the lessons of the pandemic. But yes, sure, one can hope for betterment, and fight for it, and maybe our children will see — will make — that better world.

To repair the damage done by these people in these times will not be easy. I may not see the wounds mended in my lifetime. It may take a generation or more. The social damage of the pandemic itself, the fear of our old social lives, in bars and restaurants and dance halls and sports stadiums, will take time to heal (although a percentage of people seem to know no fear already). We will hug and kiss again. But will there still be movie theaters? Will there be bookstores? Will we feel okay in crowded subway cars?

The social, cultural, political damage of these years, the deepening of the already deep rifts in society in many parts of the world, including the United States, Britain and India, will take longer. It would not be exaggerating to say that as we stare across those chasms, we have begun to hate the people on the other side. That hatred has been fostered by cynics and it bubbles over in different ways almost every day.

As I wrote in the post Chrysalis, I am not sure as we emerge from our cocoon’s we are able to fully grasp the seriousness of this pandemic and for those who are still afraid they will continue to be. Those who never took it seriously, never will and so on. I am at odds with most people in the best of times so my contrarian nature found myself living my best life during the early days of the pandemic. Perhaps because I was armed with scientific facts and a knowledge of history, and a well developed sense of personal responsibility I thrived. It was only in the waning days of winter with the endless cold that I became despondent, and with that dropped my “No Compromises” mantra to try to make friends with a Millennial! What was I thinking? But today that is behind me and the light is ahead of me. I believe in the power of science but not of medicine as those are two different worlds to me. The Medical Industrial Complex once again proved to me that it is as dangerous and deadly as any virus and that they are staffed and manned by incompetents whose idea of care is charging more and making you believe that you need it. This is one thing that too must change to go forward. But we shall.

Justice Served Cold

Nothing can change the fact that George Floyd is still very dead, dead on the street with a Police Officer’s knee pressed against his throat, but from that moment where the living stood and watched the dying, they did not fail him, they testified in every sense of the word. I cannot stress enough that it was 17 year old girl who did not waiver and did not move and took the film that shook the world and yesterday the verdict shook those who waited to the core. And there were two sides to this Jury, those who believed in Chauvin’s innocence and those who watched that image and could think anything but the contrary. Mr. Floyd’s last words were Mama, and with that he fell into a place where one hopes he is with her in the place one goes when one passes from the earth. I don’t believe in heaven and hell but I do believe that we are a collective of souls that create the universe of energy that makes all of us whole.

With that verdict on all three counts, I will admit surprised me as I was sure the murder one would not take, but then again who doesn’t love surprises! And let the appeals begin and undoubtedly all will be challenged but that one will be the one most likely tossed. I don’t think Chauvin “intended” to murder Mr. Floyd but that day, that moment in time, it was just that – murder.

To die at the hand of cop, be that from a “taser”, a gun, a projectile, a baton, a push, a neck, an arm, a beat down or just by one’s own hand as you are so exhausted you choose to simply give up we know that Police in this country are not here to protect and serve anyone but their own. The Blue Wall cracked somewhat during this trial but as anyone who has traveled down these roads in America our infrastructure is one hot mess and our roads have been well traveled and will need a lot of stimulus in which to repair and rebuild. Police reform is one that will take more than a bulldozer. And how do we know this? Well we are at 3 deaths a day since Mr. Floyd died. We have numerous other stories of Police misconduct that did not end in death such as the Military Officer in Virginia who was not blinded by the light but by the pepper spray over a fucking license plate. We have the “Karen” a 73 year old woman whose arm was broken over a $14 dollar incident at a Walmart and held in a cell for 6 hours before taken to the hospital. We have the Rochester 9 year old pepper sprayed and cuffed; a 5 year old cuffed and berated by Police for being well 5; Or the zip ties to restrain a 6 year old. Was she at the Capitol March?

And only moments prior to the verdict an Ohio teen was killed by Police.

I read this story today and his story is like many:

A security guard saw that Stephen Vest was injured. The dark-haired 30-year-old’s left arm appeared to be bleeding as he walked out of the park just before 8pm on a warm night last October.

“What’s wrong? What happened? What can I do to help?” the guard asked Vest from his car.

Stephen Vest was in distress. In the next 10 minutes, he would allegedly pull out a knife and try to stab the guard. Vest was Tased and jumped on the back of a motorbike stopped at a traffic light. He would ask a truck driver to kill him, and pursue men through a pet store.

Just outside the store, local police were waiting. They too attempted to Tase Vest. And then they fired their guns at him 11 times.

So, once again the story ends as they all do, a person in distress DEAD. How is it that a man survived the Paradise wild fires only to end up dead by the Police as again what were they going to do? Well kill him.

We have no way of generating the change needed across the country to stop the tide of Police violence towards Americans who once they are in the eye range or should I say target range of those assigned to protect and serve, there will be little of that going on. This is been ongoing for DECADES. There are no bad apples, there is a bad tree and that needs to be cut down. Sorry but Mr. Rogers Officer Friendly was a fictitious character. And he is likely if not dead is well retired from the force. I want to point out the word force and I want to remind myself that many of the insurrectionist/seditionists were members of our Military and Police/Sheriff departments? Proud Boys? Really are your Mothers proud? Just call yourself what you are Angry White Boys. And do I hate White Men? Well kinda sorta yeah. But their fuck buddies, the White Sisters are not anything I am too keen on either. I must have been dropped on my head as a baby. But in all honesty, I like and dislike people on the color of their soul. And that is like the color of their skin but I see it and that is not the same as that what is within is something more fluid and more than the sum of their extrinsic parts. You can see that if you choose and if you choose not you don’t. And that is how Police sees you, sees me, sees us. They make the call the minute they see you. And based on any number of factors that have little to do with you, they, the Police, make the call to kill, beat, handcuff, taser or let you walk away. In one minute they hold the power of your life in their hands. They are God. They are Justice and they Exterminator. They will make that call and they can walk away and wipe their hands of it all. And yesterday on 4/20 of all days, as you needed to get high, the drug that has brought pain into the Black/Brown community as it is illegal and yet like a glass of Chardonnay to the white folk, the light was shined in the other direction. And this time Derek Chauvin had 12 sets of eyes on him and in about 24 hours those eyes took the time to debate and decide his fate. Imagine had he given that same amount of time to George Floyd.

Bloodlust

Americans are thirsty for violence, from film to sports, the bloodier the better. Our obsession with guns only perpetuates that notion as we seem to think the more the better and of course we love this notion of them being used for hunting and self protection as if we are living in the movie Out of Africa, where we can combine the two. The photos of the Trump children standing over dead animals following a ‘big game’ hunt reminds me of the late Prince Phillip and his standing before a dead Tiger as if it proved what a man he was, how big his dick must of been pursuing an animal in a vehicle along a well marked trail with a long range rife and trackers who were there to ensure that he took the kill shot and saved all the Natives from impending death. How fabulous! Tea anyone?

They look thrilled no?

As we look to the past month we have had an inordinate amount of mass shootings, 45 if you have been keeping track. And we focus on the one or two that have the media captured in the same way we do with regards to Police shootings. But there are always more than the media portrays as there were 985 in 2020 and yet I am sure people might mention the top 3 or 4 that captured their attention and in turn that doesn’t change the reality that every year near to 1000 people are killed by Police and in what is designated a mass shooting the hundreds, the dozens, the few that are injured and/or killed. The GSA archive notes all victims of shootings be they killed or injured. Regardless it is a larger mental and public health crisis than Covid could ever be. And then here comes the hate about this issue and in reality, Covid is a serious health disorder with the reality that while over half a million died in America we have no idea how many actually had Covid, recovered and in turn what was done that contributed to the spread, that added to the number dead and what ultimately contributed to their reaction to Covid that over 95% of the victims did not have. Again, less than 5% of Covid patients are hospitalized and yet it appears that this is not true by the media’s hyperventilation over the subject. In the meantime, no one has ever held anyone’s feet to the fire about how this occurred and what could have been done earlier to ensure that the deaths, the lockdowns, and the overwhelming of medical emergencies that resulted.

Imagine a year ago if the United States rolled out testing on the level they did with vaccines? Imagine all those with pre-existing conditions were immediately quarantined and that we had tested anyone living in communities that are dense and overcrowded homes and found ways to isolate, track and trace each case. To ask businesses to limit numbers, wear masks, alter schedules to have less of a rush-hour flow, including work at home, and kept schools open but fell to a shelter-in-place mode, with mandatory testing, nurses on site, and isolation areas for those who test positive as they await going home in safe manners to locations that allowed recovery or observation without rushing to a hospital. Building strong testing methods and provide them to anyone and everyone, in the same way, we have choices in vaccines. What about that with regards to tests. And build large sites in the same way they have done with vaccines, educating, informing, and establishing locations for people to handle their inquiries and in turn find assistance without effort in which to prevent transmission. We have botched this from day one and now only now are we seeing that we have learned NOTHING. The endless paranoia is still being peddled, the fear factor is rising faster than temperatures and the reality no one knows what they are to do or should do to stop the spread, flatten the curve, to build herd immunity. The reality is that no one has a clue so it is all in or all out. Try the truth it is very freeing.

And with that try that with gun violence. Show the carnage, show the after-effects of what happens after a mass shooting. We seem to love the endless showings of the assaults on Black individuals by Police. I have seen the videos, the photos, the endless loops of news footage that seem to less show the horror but to build another kind of immunity. Today on CNN I watched a story with the caption “Mass shootings are on the rise” but the footage was all from the Police shootings and violence at the Black Lives Matter protests, so no you have that wrong. If anything the Police are on the track to maintain the same numbers they have annually for the last five years that a press organization has been keeping track of. As for mass shootings, they have increased but not by a significant number. Since the GSA has been formed they found 40K incidents in gun violence in 2014 rising to 49K in 2015. Of those mass shootings were 269 and 335 respectively in the same years. Police actually killed by a gun has been consistent, 222 and 278 respectively. The numbers of Police shootings have risen from 1856 to 2055 in the same two years. So some guns are doing a great deal of damage and the Police are not the ones who are on the receiving end.

As I was listening to a podcast with a photo-journalist she spoke about the challenges of her work when it came to actually release the photos she was taking and shared her experience of being embedded with the Military in Iraq. She was frequently told that she could not take nor use the photos she had as in order to allow her to remain on board, she was to agree to certain parameters with regards to the type of photos she took. She feels that is why Afghanistan went on so long as few saw the true photos of damage and carnage that war causes. And why Vietnam ended with such political social outcry as there were no restrictions on the photos and those images being sent home and shown on the daily news led to the push to end America’s role in that conflict. This could be applied to the sites of mass shootings as the former Editor of the local paper in Denver when Columbine occurred received copies of many of the crime scene photos taken that day that showed just how severe the damage was done. In fact, the one photo he did run was one taken outside the school of a young man dead, a Mountain Dew just outside of his hand which his Mother recognized by the shirt and the drink as her son and which she carried with her for years to remind herself of that day. She vacillated on her anger over the release of this photo and then over time changed her mind as she realized that people needed to see what guns do to those who are on the targets of those who have a plan in mind to use them. And if we are so keen to see the death of George Floyd on auto replay and from that a major international movement and outrage were the result, why not see the blood, the visage, and the damage wrought from a concert in Las Vegas or a Grocery store in Boulder. If that is what it will take to see innocent people dead in a pile of blood to get people to realize how dangerous this endless obsession with guns brings, then I am all for it.

We will go to endless bloody violent films, watch horror films in which the antagonist is largely male who is deranged and goes to great ends to stalk and prey mostly young women, Halloween anyone, and we will applaud films that take violent crime and create heroic figures to resolve the situation as a type of well costumed Militia. And then we have the actual Police portrayed as diligent competent figures that have no limit to the resources needed to do their job which further confuses the reality with the fantasy. Again we hear the bad apple analogy but there were three Police that day George Floyd died and any of the other two could have stopped the process, they did not. There are often many members of the force standing by, riding along or adjacent and I have yet to see or hear of any intervention. The same way I have never heard of that ubiquitous “good guy with a gun” will stop and save a “bad guy with a gun”. Who is that? Where are they?

We accept the same sources of information without question which may be why we turn to social media to somehow validate our outrage, confirm our beliefs or simply provide support or balm that we are not receiving from the conventional means that are in place to provide it. I do believe we need to seek blame, point fingers, and demand retribution when we fail to hold those accountable for their failures. The Police knew of the boys in Columbine prior to that day. The Police have gone numerous times to numerous homes under the guise of a tip or in pursuit of a comment or query by a family member. They have yet to prevent that from going forward that I am aware but I am aware that when they go on “wellness checks” on individuals who have demonstrated at-risk behavior and are clearly disturbed and they go guns drawn. We cannot even distinguish the difference between what it means to be at risk to yourself and others, the basic question asked by any Mental Health professional when an individual is seeking care. And we are in need of care, a lot of it.

Add to this Doctors and Nurses on the frontline who handle these victims. The damage is done, the likelihood of actually saving someone from that kind of gun, the kind of bullets use, show the tissue damages, the recovery process, and of course the costs associated with all of it. Show an itemized bill, explain how it is paid and who pays it. They were never-ending with the hero worship and grief suffering during Covid and the endless shots of ER’s and patient trauma and yet what happens when a mass shooting occurs in the local ER? Does the Governor get on the TV and share the numbers of those who were shot, who recovered, the type of injuries, the costs, and the long-term issues that will result? Does he demand change and punish everyone for the failures or acts of a few? Where are the photos of coffins, funerals, and mourners as they bury their dead as they did with Covid? How about a Funeral Director and his/her challenge to handle the dead like they did with Covid. Covid is horrible but again this could have been handled better and it wasn’t. And no one actually did do anything to improve it, the States were like the Cops standing next to Chauvin, immobile.

We have an unrequited love of blood and a lust for pain. We mask it with drugs, alcohol and we pretend that we are healthy and well and we ignore that it only takes one gun and one bullet to bring it all down. So we want more as we want more blood and more pain and that will make us feel better. So let’s show everyone how good you feel, I want the media to start showing the carnage and without apology. If they can show us the last moments of the hundreds of victims as the hands of Cops let’s show the other victims that were largely due to failure by cops to stop them. Where are those good guys with guns when you need them? Well not anywhere where a bad guy is, clearly.


Didn’t Get the Memo

I have been only reading the daily reports on the Chauvin trial, I truly do not need to see the footage, the photo or hear endless recaps of what ostensibly has become a snuff film. The man was killed on the street at the knee of an officer who restrained him in a technique that has contributed to numerous deaths in the past and regardless of their health or drug use this is abuse regardless. And I never want to hear the expression “take a knee” again as that only serves to bring that image up and not the one Colin Kaepernick intended as an act of protest. Let’s go back to raise a fist that came of age in the Mexico Olympics in 1968 to show a gesture of protest and unanimity.

And with that one would think that Police across the country would at least attempt to show some attempt at a new kind of restraint, and try to lessen their need to pull out guns and other tools to demonstrate their power and position in society. Given that the Chauvin trial for the first time has demonstrated that the Thin Blue Line is now fracturing, I am sure the dog whistle is out on what to do in encounters with Black suspects. I would say pull out their dicks but today brings a new element to the debate – how women police. Well it appears they do the same as the male. We saw this in Texas last year when a Police Officer went to the wrong apartment and went ballistic thinking a black man was in her home. And we have some women Officers who have also used guns to shoot suspects as they have an inability to wrestle some suspect down to the ground and shove their knee into the windpipe of a suspect. So tase away or shoot whatever that works there lady. And in of all place Minneapolis a woman Cop did just that. She “thought” it was her taser but whoops it was her gun. And now Duante Wright is dead. They will blame that he crashed his car after driving off, after he was shot, so that is why he died. See how that works there?

Oh that taser thing was what led to the death of Rayshard Brooks in Atlanta at Wendy’s where he was sleeping off his drunk; but when he took the Taster and took off running, I mean shit that could do what to whom where and when? Well nowhere as it was now out of commission but fuck it, that asshole needs to die! I get that way over the last piece of pizza so I get it, I really do. The Officers were fired and are pending trial. I am sure that the drunk thing, then running off with a stolen taser will be the defense, trust me it is always the victim’s fault. I get it, I really do.

And then we have the Cop in Virginia who went all mental head case over a young Reservist, Caron Nazario, temporary tags that he could not see on the vehicle he was driving, and because the man is of mixed race he did what we should all do really, drive to a well-lit area a couple of miles up the road to a gas station. Fuck this if a Cop is going to pull me over I am going to drive 5 miles an hour to the nearest Police Station to get cited. Again this was not a high-speed chase it was for safety and security, irony even for the Cop. But fuck that fuckers we are not having it. That was one video that I threw up my coffee watching. The Reservist had the sense to tape the encounter but the dash and body cams were actually running and this was as if I watching a bad Bruce Willis movie. Pepper sprayed then forced down to the ground with the threat of the electric chair. Okay, overreact much? Well with Duante it was for those absurd air fresheners that hang from the rearview mirror and then when she ran the plates there was the outstanding warrant and from that point on it was game on and guns out. A young kid with his girlfriend in the car is the next Bonnie and Clyde, only black. But then if you ever look at the photos of that scene you can see Cops love guns and love shooting the shit out of people. Just now they do it to more Black/Brown people. Times change.

And yes we can say that Police do have dangerous jobs and a recent shooting death OF a cop during a traffic stop in New Mexico demonstrates how highly charged these encounters can get; however, they are not as common place as one believes. If you are curious as to how many Officers are killed annually, the FBI keeps that data. They don’t with regards to civilian casualties. IN 2019 48 were killed. In 2019 civilians were killed at much higher rates as according to the Washington Post who have been accumulating that data for the last few years and it was holding at 1,000 with 985 last year. Wow, just wow.

Yeah I don’t like Police and I don’t want to have anything to do with them. But they can be trained and educated and in turn work to get guns off the street and in turn that will end the overall violence that has enabled if not permitted them to go into these encounters with guns up. Let’s raise arms, just not those kind.

Trial By Force

The idea that a Police Officer is being tried for murder of an individual who was either under arrest or identified as a suspect is a rare occasion and even rarer – a conviction. This goes back to Rodney King and even earlier when in the 60s during Lady Bird Johnson’s visit to San Francisco, a young black youth in Hunter’s Point that led to riots never led to any investigation into Police violence regarding the death Matthew Johnson, Jr. And that story has been pushed into a multitude of others at the time over the same issues that continue to this day, so what has changed? Well this. But Radley Balko who has written on the subject for decades is less optimistic about what the outcome will mean overall and there is this essay below that also weighs in on the subject.

When police kill people, they are rarely prosecuted and hard to convict

The Washington Post Mark Berman April 4 2021

The footage has played multiple times inside the downtown Minneapolis courtroom where Derek Chauvin is on trial for murder, showing George Floyd, a Black man, gasping for air under the White police officers knee.

That video is the centerpiece of the case against Chauvin, which prosecutors emphasized by urging jurors to “believe your eyes.”

But prosecutors face a steep legal challenge in winning a conviction against a police officer. Despite nationwide protests, police are rarely charged when they kill someone on duty. And even when they are, winning convictions is often difficult.

Between 2005 and 2015, more than 1,400 officers were arrested for a violence-related crime committed on duty, according to data tracked by Philip M. Stinson, a criminologist at Bowling Green State University. In 187 of those cases, victims were fatally injured in shootings or from other causes. The officers charged represent a fraction of the hundreds of thousands of police officers working for about 18,000 departments nationwide.

Police charged with committing violent crimes while on duty were convicted more than half the time during that period. In the most serious cases — those involving murder or manslaughter — the conviction rate was lower, hovering around 50 percent.

Chauvin’s case is different from many of the most high-profile police prosecutions in recent memory, in part because it centers on an officer who never fired his gun, experts say.

There are a few reasons it is hard to convict a police officer, according to legal experts and attorneys who have worked on such trials: Police have considerable leeway to use force, can cite their training and are typically trusted by juries and judges.

“The law favors the police, the law as it exists,” said David Harris, a law professor at the University of Pittsburgh and an expert in policing.

“Most people, I think, believe that it’s a slam dunk,” Harris said of the case against Chauvin. But he said, “the reality of the law and the legal system is, it’s just not.”

Attorneys who have worked both sides of these cases say they invite heightened scrutiny and raise a host of issues about the authority police have, the force they are allowed to use and the dangers they could confront on the job.

“It’s fundamentally different than handling any other kind of case,” said Neil J. Bruntrager, a St. Louis-based attorney who has represented officers in high-profile cases.

A key element that experts say factors into many of the cases is the Supreme Court’s 1989 Graham v. Connor decision, which found that an officer’s actions must be judged against what a reasonable officer would do in the same situation.

“A police officer can use force, but it has to be justifiable,” Bruntrager said. “And what the Supreme Court has told us is we have to see it through the eyes of the police.”

Officers charged in fatal shootings

According to the Police Crime Database, 130 officers have been charged in a fatal shooting between 2005 and February 2021. About 46 percent of officers whose cases have been adjudicated have been convicted.

Chauvin’s case is unlike thosein key ways, experts say. “It’ll be much harder … for Mr. Chauvin to claim the usual justification of self-defense than it is when there are shooting deaths,” said Kate Levine, a professor at Cardozo Law. “It’s very hard for him to say, ‘I was in fear for my life when I knelt on this man’s neck.’ ”

When police shoot and kill someone, the officers’ descriptions of what they saw and felt — and accounts of the danger facing them or someone else — can be a major part of the defense, experts say.

“In many of the shooting cases, the officer will say, ‘I perceived a threat in the form of reaching for a gun, or an aggressive move towards me,’ ” said Rachel Harmon, a law professor at the University of Virginia. “It is difficult for the state to disprove the perception of that threat.”

In this case, Harmon said, “there’s not the same kind of ability to claim a perception of a threat.”

Chauvin’s attorney argued in his opening statement that the officers charged in Floyd’s death felt the “growing crowd” at the scene was threatening. But Chauvin’s core defense, as presented in legal filings and his attorney’s remarks in court, appears focused on something else: making a case that he didn’t actually kill Floyd.https://e7a44a9ff57a8c9a8deafd8753241cbf.safeframe.googlesyndication.com/safeframe/1-0-38/html/container.html

Debates over causation have come up in other cases not involving gunfire, including when people die behind bars or after being stunned by Tasers, said Craig B. Futterman, a University of Chicago law professor and director of the Civil Rights and Police Accountability Project. In those cases, he said, the argument is often made that “other contributing factors,” such as drugs in someone’s system, played a role.

The invocations of Floyd’s drug use in Chauvin’s trial also echo previous cases in another way, Futterman said.

“One of the standard strategies in the playbook that I’ve seen, when police officers are accused of misconduct, are charged with killing someone, is putting the victim and the victim’s character on trial,” he said.

But it’s unclear how that might play out in an evolving environment, in which attitudes on how police use force have changed, Harmon said.

“One of the things that’s really shifted in the public debate over use of force is that many people think that there’s too much force even against people who committed crimes, and may use drugs, and may have problems in their lives,” Harmon said. “The public tolerance for the argument that the victim of misconduct or victim of police use of force has done something wrong is less broad than it once was.”

Another key shift observers said may impact these cases going forward is the changing way people mayview police officers.

Juries have typically been inclined to trust officers, who come to court with no criminal record and experience testifying, experts and attorneys said. But, they said, recent years might have chipped away at that, due to repeated viral videos of police shootings and other uses of force.

“It’s not an easy place to be in a position where you’re defending police officers who are charged these days,” said Bruntrager, the defense attorney, who represented former officer Jason Stockley in St. Louis and former officer Darren Wilson in Ferguson, Mo.

Wilson’s fatal shooting of Michael Brown, a Black 18-year-old, fueled widespread unrest in 2014 and helped lead to a years-long nationwide focus on how police use force. Before then, Bruntrager said, if police “had any kind of credible defense, people wanted to believe that … police were following the law.”

“Now it is the reverse,” he said. “Now it is a situation where you start out with the idea where people believe police officers are violating the trust.”

But prosecutors still worry about convincing juries to convict on the most serious charges.

When Joseph McMahon, the former Kane County state’s attorney in Illinois, was preparing to try a Chicago police officer for murder, his team contacted other prosecutors who had charged officers — often unsuccessfully.

These prosecutors had spoken to the juries after their cases. Again and again, McMahon said, they reported hearing the same message about the officers from jurors: “‘We were convinced what he did was wrong. But we weren’t convinced what he did was murder.’”

McMahon and his team were preparing a case against Jason Van Dyke, who fatally shot Laquan McDonald, a Black 17-year-old. Video footage of the shooting, which showed the officer firing 16 shots at the teenager, set off intense unrest when it was released in 2015. Van Dyke was charged with murder the same day the video was released.

After speaking to other prosecutors who said jurors in their cases could not bring themselves to convict the officers of murder, McMahon said he had Van Dyke charged with another 16 counts of aggravated battery, one for each gunshot.

“I didn’t want my jury to be faced with an all or nothing decision,” said McMahon, who was named special prosecutor in the case.

If the only option facing jurors involved the word “murder” in it, McMahon said, he was worried one or two jurors might be unwilling to sign off on it. Jurors get instructions about the legal definitions of specific crimes, he said, but people might still walk in with preconceived notions of what murder is and not think an officer’s actions fit the bill.

It wound up being unnecessary, he said. The jury convicted Van Dyke on all counts in 2018, including second-degree murder.

Chauvin, who was fired after Floyd’s death, is charged with second-degree murder and second-degree manslaughter in Floyd’s death, and the judge in the case reinstated a third-degree murder charge during jury selection.

Attorneys representing police in controversial use-of-force cases have defended them by saying that they can use force and often have to make split-second decisions in tense, potentially dangerous moments.

Police officers are only human and can get “scared like everyone else” during stressful situations, said Dan Herbert, the Chicago attorney who represented Van Dyke. “The fact of the matter is that the law recognizes that police are allowed to use force, including deadly force, in a number of situations,” he said.

Herbert said it is “probably naive” for the defense in Chauvin’s case to hope it can convince a dozen jurors to vote to acquit.

Instead, Herbert said, Chauvin’s defense will likely aim to “pick off one or two of those jurors and possibly hang the case” by having the jury deadlock. The defense’s best chance heading into the trial, he said, was likely its attempt to break the chain of causation and argue Chauvin didn’t actually kill Floyd.

Prosecutors sought to combat the defense’s claims of an overdose by having Floyd’s girlfriend testify about his struggles with substance abuse, a testimony aimed at establishing his tolerance for opioids.

The defense’s argument on that front could potentially appeal to someone inclined to blame Floyd, rather than the police, for what happened, said Harris, the law professor at the University of Pittsburgh. Chauvin’s team doesn’t have much else to work with, he added.

But while the prosecution must convince every juror to vote to convict him, the defense just needs “one juror who feels a little funny about convicting a police officer,” Harris said.

“You have the law leaning in the direction of, give police the benefit of the doubt,” he said. “That seems a difficult thing to do with this video. But if somebody had that inclination, deep down, here’s your way to exercise it.”

A Trial

I am not watching George Floyd’s trial, I had already made my mind up about his death a year ago. It was not murder as defined by law but it was manslaughter. Derek Chauvin did not know that at the time Mr. Floyd was positive for Covid, which we now know is a lung disorder that affects one’s ability to breathe. Added to that Mr. Floyd was on drugs which also may have contributed to his ability to breathe well. Then add the knee of a Cop to the neck of a man supine on the ground for over 11 minutes, you have lead him to take his last breath regardless. The neglect and abuse came when he begged for his life and was ignored, in fact we may never know if Chauvin at those moments just put a little more pressure on that neck as Floyd took those last fateful breaths as a camera cannot capture that. We know now that Chauvin explained that to the passer by’s who took video and spoke to the Officers, one an EMT that understood how to save lives and watched one expire despite her efforts to somehow change this deadly encounter.

All of the witnesses have expressed immense emotion and a quiet rage that given what they witnessed is justified, the excuse that they expressed outrage is seemingly the explanation, if not the defense, for why Chauvin just kneeled there a little longer, and maybe a little harder as to justify the show. Again we will never know those last moments of thought that passed Mr. Floyd or through Officer Chauvin’s mind that day as they are gone like a breath in the wind.

I am not sure what the outcome will be but then again this Jury is definitely more diverse and racially composed than others that have been in similar situations so we hope they can collectively use the information presented in the trial to come to a conclusive and unanimous decision. I know I made up my mind already and little will change that.

But what I have found interesting is the lies by Cup Foods to the media and now the witnesses and the employee that day who took that counterfeit 20. And that is what I perhaps find as the most controversial and the most disturbing that it was a child who did nothing wrong, was sent to fix it and it led to the fateful call over what was over nothing. The same thing that led to Michael Brown in Ferguson, a pack of smokes that were less than 10 bucks. And the same with Eric Garner in Staten Island selling loose smokes for a buck near a bodega that also sold cigarettes and did not want the competition or the activity as it was near a park that often was the site for selling much harder stuff. As of today, little has changed on that fateful street.

And this is what the Washington Post had to say about Garner’s death:

The more than 20 hours of trial testimony — together with previous public accounts of the incident — permit a comprehensive and detailed examination of Garner’s death, one of the most consequential events in the 174-year history of the NYPD and a pivotal flash point in what would become the Black Lives Matter movement.

That examination reveals how a mundane interaction between a black man and white police officers can quickly devolve, and how split-second decisions can alter the outcomes of such encounters. Five years later, it also sheds light on the extraordinary difficulty of holding police to account for deadly violence — even when the death is captured on camera and witnessed by the world.

In the end, a case that sparked a national reckoning over race and justice will reach its conclusion in a largely semantic inquiry about police takedown tactics.

And with that we are here today. Not a lot has changed in the years since Garner’s death, Brown’s death or will with Floyd’s death. As noted earlier the murder’s by Cops this year fell from 1,000 to 985. A 15 drop in body count. I am sure that is more pandemic related than actual behavioral/policy changes.

But what again is noted is that these owners of Bodega’s that set up businesses in minority neighborhoods are not members of the same community, they have distinct policies in place and they don’t hire members of said community to work in them. That may be the first step needed to build bridges not burn them down.

But as we heard the testimony of the clerk whom the owner/manager said in the Times interview that he did not know, had sent him away was another lie. This is from the New York Times

In an interview, Mr. Abumayyaleh provided new details of the moments before Mr. Floyd’s fatal encounter with four Minneapolis Police officers, saying that another man had tried to use a fake $20 bill minutes before Mr. Floyd walked into the store.

The first man handed the bill to an older employee who had worked at the shop for several years and used a special marker to determine that the bill was counterfeit, Mr. Abumayyaleh said. The employee refused the sale and handed the bill back to the man, who left.Reconstruction-Era Violence The Equal Justice Initiative has documented a rate of killing in the period following the Civil War that was far higher than the decades that followed.

A few minutes later, Mr. Floyd walked in and gave a $20 bill to a teenage clerk, who did not immediately recognize the bill as fake. After a machine scan determined that the bill was counterfeit, the young clerk followed Mr. Floyd outside, asking him to return the items he had bought, but he refused, according to a transcript of the clerk’s call to 911.

“He’s only been in the States for about a year,” Mr. Abumayyaleh said of the teenage clerk, who is no longer working at the store. “It’s his first time probably ever calling the police.”

Mr. Abumayyaleh, who is Palestinian-American and has spent all of his 35 years in Minneapolis, said he had left the store about three hours before the killing. It had been a busy day, like most Mondays, Mr. Abumayyaleh recalled, but he was used to that. The store had always been in his family, and by age 10, he was helping out behind the counter. By 15, he was working there full time.

That night, just after 8 p.m., an employee called Mr. Abumayyaleh, crying and screaming, saying, “they’re killing him,” he recalled. He said he told the employee to record the scene and “to call the police on the police.”

Since then, Mr. Abumayyaleh said, he has been bombarded with hateful messages. He asked a member of a local violence prevention group to serve as a spokesman and issued a public statement condemning Mr. Floyd’s killing and saying that the store supported the protesters and shared their rage.

Things have been even worse for the teenage clerk, Mr. Abumayyaleh said, describing the aftermath as “a nightmare.” He also said that Cup Foods has been rethinking when its workers should call the police. Mr. Abumayyaleh said they will now only call 911 to report violence.

Mr. Floyd’s death was not the first time that Cup Foods has been drawn into a killing that drew national scrutiny.

When a 17-year-old boy went on trial for the 2002 killing of an 11-year-old girl, he insisted he was at Cup Foods and not at the scene of the crime. Senator Amy Klobuchar was the district attorney in Hennepin County who oversaw the first prosecution of the teenager, Myon Burrell, and an investigation by The Associated Press raised serious questions about the verdict and shadowed her presidential campaign.

Investigators never followed up with two people whom Mr. Burrell said he was with at Cup Foods during or following the shooting. Both told The A.P. they were with him.

Since the killing of Mr. Floyd, several residents have said they support the store and its owners. On Monday, Kendrick White, 26, arrived at the store to connect with some friends, something he has done for years.

“You see brothers, sisters, cousins, people from the neighborhood,” Mr. White said. “There are people who grew up here who have been coming here their whole lives.”

But everything had changed. The streets were barricaded off, and many nearby businesses were still closed. Visitors snapped photos as they wandered around the memorials and wilting flowers.

“We respect the fight, but it’s emotionally draining for those of us who have been in the heart of it,” said Ebony Wright, 38, who lives not a block away from the store and has been kept awake by people shouting into megaphones and playing music from speakers. “People who come down here don’t realize that there are people who actually stay here.”

So as you read the portion highlighted there are some discrepancies I noted in the testimony of the clerk.

In other emotional testimony, prosecutors for the first time detailed the incident that led to Floyd’s arrest and eventually his death — including security video from inside Cup Foods, the market where an employee called 911 to report the passing of a counterfeit $20 bill that resulted in officers responding to the scene.

Christopher Martin, 19, a cashier at the time, recalled how Floyd had come into the store and appeared to be “high” but functional. The surveillance video presented in court showed Floyd, dressed in a black tank top and pants, casually walking around the store with a banana.

Floyd is shown fiddling with his pockets and shifting back and forth in stretch-like movements as he interacts with two people in the store, including Morries Lester Hall — a friend who was a passenger in the car he was driving that day.

Martin testified that Floyd purchased a pack of cigarettes with a $20 bill that he believed to be fake because of its blue tint. Under store policy, employees who are found to have accepted counterfeit bills have their pay docked for the amount, Martin said, but he testified that he initially considered putting the cost on his “tab” as a favor to Floyd

He said a previous customer had tried to pass a fake $20 bill in an effort to “get over,” but he didn’t think that was Floyd’s intention.

“I thought that George didn’t really know that it was a fake bill,” Martin testified. “I thought I’d be doing him a favor.”

But Martin said he raised the issue with a manager who ordered him to go outside to where Floyd was sitting in a parked car and ask him to come back inside the store. When Floyd did not do so, another employee called 911 to report the counterfeit bill — a fateful call that would lead to the 46-year-old’s death.

Martin, who quit his job after Floyd’s death because he said he didn’t feel “safe,” recalled returning to work and noticing a commotion outside. Leaving the market to investigate, he found Floyd restrained, “motionless, limp” with Chauvin’s knee “resting” on the man’s neck.

Martin, who lived upstairs from Cup Foods, said he called his mother and told her not to come outside, and then he began filming the scene — a video he said he later deleted after watching Floyd’s body loaded into the ambulance that drove the opposite direction from the closest hospital, leading him to realize Floyd was probably dead.

Martin told the jury he felt “guilt” over Floyd’s death. “If I would have just not taken the bill, this could have been avoided,” he said.

So we have the idea that racism, stereotyping and discrimination is a white-black thing. Uh no. Many of the assaults on Asians here in New York are from Black individuals. And that history is often one well known and documented. We rule by making sure all marginalized groups keep the hate going and it works. Again racism and hate are not owned by one group of folk; however, it’s not called White Supremacy for nothing! What it is is poverty and the faux meritocracy nonsense that we continue to spout as a type of egalitarian notion of American prosperity. Many members of the Asian community can assure you that there is an economic divide there that parallels the wider society. But then again who is Asian? And what does that mean? Again African? What does that mean? We are not of one color, but one of many. And with that comes the confusion about Cup Foods or the Ferguson Market where Michael Brown took a pack of smokes. These are the markets and stores that cut across the landscape, often owned by faces of color and largely shopped by them. They are cornerstones of small businesses and have found themselves targeted by Police and by thieves, the pandemic may literally be the death of many. But that many bodegas do sell drugs it does make one ask, did Michael Brown exchange pot for smokes and in turn who called the Police and why? Oh wait they didn’t. Brown was stopped for failing to walk on a sidewalk. So no there was no robbery or crime.

We don’t know the story until we know the story and even people lie to protect their own interests, videos show a picture but they don’t always tell the story, they show the event and without audio we have to fill in the blanks. The story of Floyd is still occurring. Who were his friends that day in the vehicle with him? Will they testify? Why not? Again this is never going to be a full accounting or recounting of the events as even witnesses have shared how they felt and what they saw. A 16 year old girl, a 19 year old boy. A EMT, a MMA fighter and they all share one thing – shame and anger as you can do nothing regardless when you are in the loop of the system. Once a Police man has decided you are the criminal, his knee is on your neck, metaphorically or not. They just manage to do it to more men of color than most. And that is due to opportunity. Men and boys who don’t have jobs, or homes or places to be and income to earn so they are just there trying to make it work, and sometimes it doesn’t to fatal ends. And those are not always by cops but it they just do it with the law and the protections they offer. Must be nice to be a Cop.

Take a Breath

I have said repeatedly you don’t know me until you know me and then let me know what you think, be honest, be frank and be kind.  Any criticism should come from love and from that comes growth but not in America we just shame, blame, scold and walk away. Working out great.

As I wrote about the recent comments from two women about what it is like to be a face of color be in business or education there is a long road ahead for equity and parity both in gender and race.  But again there is a massive rainbow here and we have not done well finding the pot of gold for any of those who travel along it.  Dorothy may have clicked her heels three times to find her home over the rainbow but for the woman who played her she never made it home in one piece, we do that, kill or be killed; Survival of the fittest, only the strongest survive.  We get it, we really do.

When I gave a friend, who is black, Radley Balko’s articles and books on Warrior Cops and the racism endemic in the criminal justice system he was amazed.  He had no idea that over 1,000 people a year die at the hands of police, George Floyd only one of them.  His Mother is a 911 Operator and she has never discussed her job or her role in how these calls literally are the life and death of many who are the first responders on the other end. But you are right, I am White and should not teach anyone of any color other than my own about my own experience in said system, nor hear of others and in turn share that in any way that is to inform, educate and bring change.  Thank you.  And guess what? I won’t.  I have finally realized sitting in house arrest about how I mocked Nashville and its racism and poverty and values that seemed resistant to growth, to change, to be less religious and more open and then I sat down and realized how Seattle, the good white liberal town was not much different, white privilege is well for the privileged. And by that we mean never had a bad thing ever happen to them ever.  Not all white people are so fortunate but our color at times makes us invisible to those in power until they choose to see it.   And we can choose at any time to see color and just add that to the list of things we note and then we can choose to know them. Fuck that its hard I just want to be with the people who get me and my people. Thanks I am stupid and privileged. Oh how fragile I am!!

In public education, most of the schools are run by faces of color, many Teachers are faces of color, much of the staff are also very much a reflection of the school’s population.  And this varies by district and in each district each neighborhood they too add  color or lack thereof but that is about segregation in another way, economic and the taxes and costs of home that legally separate the have’s from the have nots.  To overcome that since Seattle had ended Affirmative Action which required quotas and numbers, we created a false culture of education. There were/are or have been schools that existed to reach any face and all types of learners, schools that were African American Academy’s, Interagency’ Academy’s and their focus on the kids who needed alternative support, the American Indian Academy, the Seahawks Academy, the Center School, the varying high schools with Academic Achievement, International Baccalaureate Programs, the World School of multicultural languages, and on and on with all kinds of methods and concepts to show how progressive, liberal and good they were.  They have the same in Nashville and they are all dumpsters, and the kids garbage bags. Some are better quality and are compostable and recyclable and are largely white with high achieving faces of color to round out the program. The focus on Sports and the never ending bullshit that makes it the leveler of equality by enabling boys to believe that sports will open the door to a better life.  Yes, been to an NFL Draft?  It is a slave auction just without whips.  There are no professions apparently open to faces of color other than entertainment and athletics, good to know says, Dr. Neil DeGrasse Tyson.

We have good Teachers, we have bad. We have good Administrators, we have bad, but we have one thing in common, nothing is good about public education as it stands today. Sorry but they are all just shitty as hell, from the politics to the course work they are horrific.   I have had conversations with a young black girl who works in my coffee shop, she is lovely. She never heard of the 4 Girls in the Church of Alabama or of Emmett Till. So much for Jersey City schools being quality that answered all I need to know before I ever set foot in one.

  The endless amount of faces of color who have seemingly never heard of many things until pop culture embraces it never ceases to amaze me. And much of that goes for other faces less of color. We live a me me world.    It is as if intellectual curiousity is for freaks of nature who don’t deserve respect or attention and that is when I realized why people hate me.  In the last 10 years in schools I have been accused of slapping a kid because he was black, he later retracted it but after putting me through hell and massive legal bills and I am not alone.  I have been called racist more times than I can count, had money stolen, been verbally abused and had shit thrown out me while kids laughed.  And like a true Masochist I went back for no reason other than I could and thought it will be different next time.  I recall when a Principal came in and said I was reading racist material to a class, it was an editorial by Bob Herbert in the New York Times and the importance of children of color getting into higher education; he has written a book on the subject, and that when I showed him both the article and the photo of Mr. Herbert it was snatched from my hand and never heard about it again. This a class that the former Teacher had quit, the long term sub also quit as the children were having sex in the classroom. Yes, in the classroom; It was a portable and there was a room divider and they would go behind that and have sex.  They were 7th graders.  And there were more stories like this in Seattle, the circle jerk film that circulated in another middle school leading the Police to come and the boys returning to class.  The boys in a high school raping a special needs girl in a toilet, the boy in a high achieving high school raping a student on a field trip and having done it another middle school the year before.  Do I need to add that all of these are children of color and yet you keep hoping and trying that maybe one voice will reach them.  Apparently it was because none did? No face of color seemingly did either and they were there, so explain that to me,  I can wait.

Now I have many horror stories about other kids not black but largely they share one thing in common, they are poor, they are angry and they are in public schools.

The ending of public schools began when the President Voodoo Reagan began to cut funding in his smaller Government concept that has dominated the GOP playbook for decades, it masks classism, racism, arrogance, ignorance and general disregard for the concept of Democracy.  It is not just fueled in racism but it is the biggest burner in the stove.  So when I read books calling all white people fragile and therefore racist I want to say, “You don’t know me and you generalize, you know like if I said all Black kids are crazy.”  Given my experience I could say it’s valid,  but you see I actually vest and talk and try to connect and try to learn and teach simultaneously.  So when you hear the phrase, “I can’t breathe.” Know that many before and after have said the same, at the hands of law enforcement. This white teacher reads and actually wants this to stop and has for years.  I have seen the affects of the broken families, the crime, the pain on the faces of children and I want that to stop too.  But instead I will stop teaching, I will do something white, whatever the fuck that is.

Three Words. 70 Cases. The Tragic History of ‘I Can’t Breathe.’
The deaths of Eric Garner in New York and George Floyd in Minnesota created national outrage over the use of deadly police restraints. There were many others you didn’t hear about.

By Mike Baker, Jennifer Valentino-DeVries, Manny Fernandez and Michael LaForgia
The New York Times
June 29, 2020

As the sun began to rise on a sweltering summer morning in Las Vegas last year, a police officer spotted Byron Williams bicycling along a road west of downtown.

The bike did not have a light on it, so officers flipped on their siren and shouted for him to stop. Mr. Williams fled through a vacant lot and over a wall before complying with orders to drop face down in the dirt, where officers used their hands and knees to pin him down. “I can’t breathe,” he gasped. He repeated it 17 times before he later lapsed into unconsciousness and died.

Eric Garner, another black man, had said the same three anguished words in 2014 after a police officer who had stopped him for selling untaxed cigarettes held him in a chokehold on a New York sidewalk. “I can’t breathe,” George Floyd pleaded in May, appealing to the Minneapolis police officer who responded to reports of a phony $20 bill and planted a knee in the back of his neck until his life had slipped away.

Mr. Floyd’s dying words have prompted a national outcry over law enforcement’s deadly toll on African-American people, and they have united much of the country in a sense of outrage that a police officer would not heed a man’s appeal for something as basic as air.

But while the cases of Mr. Garner and Mr. Floyd shocked the nation, dozens of other incidents with a remarkable common denominator have gone widely unacknowledged. Over the past decade, The New York Times found, at least 70 people have died in law enforcement custody after saying the same words — “I can’t breathe.” The dead ranged in age from 19 to 65. The majority of them had been stopped or held over nonviolent infractions, 911 calls about suspicious behavior, or concerns about their mental health. More than half were black.

Dozens of videos, court documents, autopsies and police reports reviewed in these cases — involving a range of people who died in confrontations with officers on the street, in local jails or in their homes — show a pattern of aggressive tactics that ignored prevailing safety precautions while embracing dubious science that suggested that people pleading for air do not need urgent intervention.

In some of the “I can’t breathe” cases, officers restrained detainees by the neck, hogtied them, Tased them multiple times or covered their heads with mesh hoods designed to prevent spitting or biting. Most frequently, officers pushed them face down on the ground and held them prone with their body weight.

Not all of the cases involved police restraints. Some were deaths that occurred after detainees’ protests that they could not breathe — perhaps because of a medical problem or drug intoxication — were discounted or ignored. Some people pleaded for hours for help before they died.

Among those who died after declaring “I can’t breathe” were a chemical engineer in Mississippi, a former real estate agent in California, a meat salesman in Florida and a drummer at a church in Washington State. One was an active-duty soldier who had survived two tours in Iraq. One was a registered nurse. One was a doctor.

In nearly half of the cases The Times reviewed, the people who died after being restrained, including Mr. Williams, were already at risk as a result of drug intoxication. Others were having a mental health episode or medical issues such as pneumonia or heart failure. Some of them presented a significant challenge to officers, fleeing or fighting.

Departments across the United States have banned some of the most dangerous restraint techniques, such as hogtying, and restricted the use of others, including chokeholds, to only the most extreme circumstances — those moments when officers are in fear for their lives. They have for years warned officers about the risks of moves such as facedown compression holds. But the restraints continue to be used as a result of poor training, gaps in policies or the reality that officers sometimes struggle with people who fight hard and threaten to overpower them.

Many of the cases suggest a widespread belief that persists in departments across the country that a person being detained who says “I can’t breathe” is lying or exaggerating, even if multiple officers are using pressure to restrain the person. Police officers, who for generations have been taught that a person who can talk can also breathe, regularly cited that bit of conventional wisdom to dismiss complaints of arrestees who were dying in front of them, records and interviews show.

That dubious claim was photocopied and posted on a bulletin board at the Montgomery County Jail in Dayton, Ohio, in 2018. “If you can talk then you obviously can [expletive] breathe,” the sign said.

Federal officials have long warned about factors that can cause suffocations in custody, and for the past five years, a federal law has required local police agencies to report all in-custody deaths to the Justice Department or face the loss of federal law enforcement funding.

But the Justice Department, under both President Barack Obama and President Trump, has been slow to enforce the law, the agency’s inspector general found in a 2018 report. Though there has been only scattershot reporting by departments, not a single dollar has been withheld.

Autopsies have repeatedly identified links between the actions of officers and the deaths of detainees who struggled for air, even when other medical issues such as heart disease and drug use were contributing or primary factors. But government investigations often found that the detainees were acting erratically or aggressively and that the officers were therefore justified in their actions.

Only a small fraction of officers have faced criminal charges, and almost none have been convicted.

In the case of Mr. Williams in Las Vegas last year, Police Department investigators determined that the officers did not violate the law. But the death triggered immediate changes, said Lt. Erik Lloyd of the Las Vegas Metropolitan Police Department’s force investigations team.

Officers are not medical doctors and may believe that someone who says “I can’t breathe” may be trying to escape, he said.

To alleviate potential dangers, officers are told now to promptly get detainees off their stomachs and onto their sides — or up to a sitting or standing position. They are also told to call for medical help if someone has distressed breathing.

“Since the death of Mr. Williams, our department has been extremely aware of someone saying, ‘I can’t breathe,’” Lieutenant Lloyd said. “We have changed the attitude of patrol officers.”

For the relatives of many of the men and women who died under similar circumstances in police custody, watching the video of Mr. Floyd’s arrest in Minneapolis has felt painfully familiar. Silvia Soto’s husband, Marshall Miles, died in 2018 in Sacramento County, Calif., after being pinned down by sheriff’s deputies at a jail. She said she had been feeling both heartbroken and comforted amid the national outrage.

“I don’t feel alone anymore,” Ms. Soto said.
‘You want to kill me?’

While there have been dozens of “I can’t breathe” deaths over the past decade, the emergence of body cameras and surveillance footage has eliminated the invisibility that once shrouded many of these deaths.

Videos from Mr. Garner’s death galvanized changes in neck restraint policies around the country, but problematic techniques for restraining people did not go away. In the six years since then, more than 40 people have died after warning, “I can’t breathe.”

Less than three months after Mr. Garner died, police officers went out to a tidy stucco home near Glendale, Ariz., to investigate a report of a couple arguing.

The officers found Balantine Mbegbu seated in a leather chair with his dinner. Both Mr. Mbegbu and his wife assured them that no argument had taken place. According to police reports, Mr. Mbegbu became indignant when they refused to leave.

“Why are you guys here?” he said, his voice rising. “You want to kill me?”

When he tried to stand, the officers slammed him to the floor, punched him in the head and shot him with a Taser. With Mr. Mbegbu on his stomach, officers put knees on his back and neck.

As his wife, Ngozi Mbegbu, watched them pile on top of her husband, she heard him say, “I can’t breathe. I’m dying,” according to a sworn statement she made. Records show he vomited, began foaming at the mouth, stopped breathing and was pronounced dead.

The county prosecutor’s office determined that “the officers did not commit any act that warrants criminal prosecution.”

Cases in which detainees protested that they could not breathe, before dying, continued to occur. Their words could be heard on audio or video recordings, or were otherwise documented in official witness statements or reports.

In 2015, Calvon Reid died in Coconut Creek, Fla., after officers fired 10 shots at him with a Taser.

In 2016, Fermin Vincent Valenzuela was asphyxiated after police officers in Anaheim, Calif., put him in a neck hold while trying to arrest him. His family won a $13 million jury verdict.

In 2017, Hector Arreola died in Columbus, Ga., after officers forced him to the ground, cuffed his hands behind him and leaned on his back, with one officer brushing off his complaints: “He’s fine,” he said.

In 2018, Cristobal Solano was arrested in Tustin, Calif., and then died after at least seven deputies worked together to subdue him on the floor of a holding cell, some with their knees on his back.

In 2019, Vicente Villela died in an Albuquerque jail after telling guards who were holding him down with their knees that he could not breathe. “Right, because they’re having to hold you down,” one of the guards said.

Then last week, the Police Department in Tucson, Ariz., released video of an encounter on April 21 with Carlos Ingram Lopez, who was naked and behaving erratically when officers forced him to lie face down on the floor of a garage with his hands handcuffed behind his back. Part of the time, Mr. Lopez’s head was covered with a blanket and a hood. He was held down for 12 minutes, crying for air, for water and for his grandmother. Then he, too, died.
‘If you can talk you can breathe’

One of the reasons such cases keep occurring may be the persistent belief on the part of police officers that a detainee who is complaining that he cannot breathe is breathing enough to talk.

Edward Flynn, the former police chief in Milwaukee, said in a deposition in 2014 that this idea was once part of training for officers there and persisted as a “common understanding” even if it was wrong. Other departments have told their officers the same thing, records show, and the notion shows up often in interactions with detainees.

“If you’re talking, you’re breathing — I don’t want to hear it,” a sheriff’s deputy told Willie Ray Banks, who was struggling for air after officers in Granite Shoals, Texas, restrained and Tased him in 2011.

But the medical facts are more complicated. While it may technically be true that someone speaking is passing air through the windpipe, Dr. Carl Wigren, an independent pathologist, said that even someone able to mutter a phrase such as “I can’t breathe” may not be able to take the full breaths needed to take in sufficient oxygen to maintain life.

The “if you can talk” notion has persisted even in places like the jail in Montgomery County, Ohio, which had to pay a $3.5 million settlement last year in connection with the 2012 death of an inmate named Robert Richardson, who had been jailed for failing to show up for a child support hearing.

A fellow inmate called for help after Mr. Richardson, 28, had what was described as a possible seizure. Sheriff’s deputies cuffed his hands behind his back and restrained him face down on the floor, pushing on his back and shoulders, and eventually on his head and neck, according to court documents.

Witnesses said Mr. Richardson repeatedly told deputies he could not breathe, until, after 22 minutes, he stopped moving. He was pronounced dead less than an hour later.

It was that jail facility where, six years later, the photocopied sign about being able to breathe if you could talk was posted on the bulletin board.
‘We literally had to sit there and watch my brother die’

Police officers often failed to seek prompt medical attention when a detainee expressed problems breathing, and that has proved to be a factor in several deaths. In some of these cases, the person in custody had recently been Tased or restrained, but other times they were suffering from acute disorders, such as lung infections, and languished for hours. Often, this appeared to be because officers did not take the detainees’ claims seriously.

When 40-year-old Rodney Brown told police officers in Cleveland he could not breathe after being Tased multiple times during a struggle in 2010, one of them responded: “So? Who gives a [expletive]?”

One of the police officers radioed for paramedics but later said he did so only because it was a required procedure when someone had been Tased; he did not convey that Mr. Brown had claimed he could not breathe.

A lawyer for the city in that case told a panel of judges that the officers did not have the medical expertise to know when someone was in a medical crisis or simply exhausted from a vigorous fight, according to an audio recording.

Another troubling case occurred in March 2019 when the police in Montebello, Calif., were called to the home of David Minassian, 39, a former vice president at a property management firm who had suffered a heroin overdose.

His older sister, Maro Minassian, a certified emergency medical technician, had given her brother a dose of naloxone, a medication that reverses the effects of opiate overdoses. He jolted awake but still appeared to have fluid in his lungs, and she dialed 911, anxious to get him to a hospital.

But it was the police, not paramedics, who arrived next. Ms. Minassian said three Montebello officers entered her family’s home as her brother was flailing on the floor.

At least two of the officers slammed him to the ground and put their knees into his back as they tried to cuff him, Ms. Minassian said, and remained on top of him until he stopped talking. “I told them, ‘My brother can’t breathe,’” Ms. Minassian said through tears. “We literally had to sit there and watch my brother die.”
‘Please take the mask off’

Despite years of concerns about some of the potentially dangerous techniques used to subdue people in custody, law enforcement agents have continued to use them.

In the 2018 case involving Ms. Soto’s husband, Marshall Miles, officers struggled to get him into jail after arresting him on suspicion of vandalism and public intoxication.

The Sheriff’s Department had produced training materials as early as 2004 warning about the dangers of suffocation when people were restrained face down or hogtied with their hands and feet linked behind their backs.

But those warnings apparently went unheeded. Mr. Miles, 36, was hogtied while being brought in by the California Highway Patrol, even though the Sheriff’s Department, which runs the jail, no longer allowed the restraint. Deputies removed him from the hogtie but held him face down for more than 15 minutes as he repeatedly said, “I can’t breathe.” They then carried him handcuffed and shackled to a cell, where at least three deputies put their weight on his facedown body while he groaned ever more faintly. About two minutes later, he fell silent and then stopped breathing, according to video of the death.

An autopsy concluded that he died from a combination of physical exertion, mixed drug intoxication and restraint by law enforcement. Hogtie restraints were used in four other deaths over the past decade that were examined by The Times.

Another technique used in a series of cases with fatal outcomes, including at least two this year, has been the use of hoods or masks designed to prevent people from spitting on or biting officers. Law enforcement agencies around the world have grappled with whether to use them to protect officers despite concerns about whether the masks are safe.

Video from 2012 shows how one of the masks was used on James W. Brown, an Army sergeant stationed at Fort Bliss in El Paso who had a diagnosis of post-traumatic stress disorder. Sergeant Brown, 26, was supposed to serve a two-day sentence at the county jail for a drunken-driving conviction, but officials said he became aggressive after learning he would be jailed longer.

With his hands cuffed behind him, Sergeant Brown can be seen in a video seated in a chair, surrounded by guards in riot gear holding him down. Deputies had placed a mesh-style mask over the lower half of his face, and he wore it for more than five minutes before telling the guards and a medical worker that he could not breathe.

“Please take the mask off,” Sergeant Brown pleads. “I cannot breathe. Please!”

He passed out shortly afterward, and he was pronounced dead the next day. A county autopsy ruled that his death was caused by a sickle-cell crisis — natural causes — but a forensic pathologist later hired by the county concluded that his blood condition had been exacerbated by the restraint procedures.

Sergeant Brown’s relatives sued El Paso County, the jail and 10 officers for wrongful death and other claims. The case was later settled.

“I feel like they treated him like he was less than an animal,” said Sergeant Brown’s mother, Dinetta Scott. “Who treats somebody like that?”

Ferguson Legacy

The other day I listened to the Sam Harris podcast (he is a famous Atheist) who had struggled with what to say about the current unrest regarding George Floyd’s death at the hands of cops.  Mr. Floyd is not the first nor the last and the deaths keep coming as it is already half the year and it is clear that law enforcement want to hit their annual count again this year despite it all.   I cannot stress enough if you have not reviewed the Washington Post/Guardian data base on annual deaths at the hands of police then you should. 
What seems to be of issue is the nature of the arrest and what led up to the conflict that ended up with the individuals arrest. Well we know that close to 90% of them are wellness checks when an individual calls law enforcement to aid with a mental health issue, either they or someone they have witnessed is acting strangely or seems suicidal and needs an intervention.  Just the kind of people you need in that are a couple of cops with guns and no mental health training what.so.ever. 
When Vanderbilt called the Police to do a “wellness” check on me after my rant four days earlier, actually on a Thursday and it was now Tuesday I found that bizarre given that if I was going to off myself wouldn’t I and how would they know? They had no warrant and it was in fact four days with no calls to the Police about hearing gun shots from neighbors so again what the flying fuck. When I witnessed this last year in the Vanderbilt main floor reception with a man who was having a meltdown I found that odd that the Police were called to intervene.  He was leaving they tasered and arrested him for threatening to kill himself. All of this in a hospital with witnesses and in fact a staff that undoubtedly had some mental health experience somewhere in the building.  Okay then.
What had me worried when the Cops showed up at my door was that only two days earlier the local Police were called on a wellness check as a woman has parked her car by the Cumberland threatening to drive into the river and when she attempted to do just that the two Cops jumped in to “save her” and in turn one was killed by the current and drowned and irony she lived to be later charged with vehicular manslaughter and maybe even a DUI.  Okay then.
Here is what I think.. what the flying fuck were they thinking not calling for an EMT or Fire Department should anything go wrong as they are trained rescue teams.  (Again we have problems there as well as they are often called on many issues often relating to homeless issues that are not about fires and EMS and they in turn go right to Cops to arrest and prosecute the same)  Again follow the money when it comes to Criminal Justice. 
The numerous stories of individuals who have taken a mental health break only to be killed is significant. There was a period of time where the phrase “suicide by cop” was commonplace in the vernacular.  Funny their own website advocates that it can be handled without lethal force. But again what if proper medical mental health people been on the scene?  Again hindsight is 20 20 and we cannot see clearly here when it comes to lionizing the Police. The Cop who drowned was lauded for days in Nashville to the point I thought did a head of state die?  I will be honest I said the same regarding George Floyd not to diminish his death, a young man died a week before his death, another the same day, Breonna Taylor three weeks before, and since and even before then there have been more. This is America.  You would think that at this point Cops sitting around spraying Protestors and doing nothing to looters might have said, “We need to stop this shit.” But nope. 
As I listened to Mr. Harris he cited a study about gun violence and the reasons Cops are trigger happy, a study that has been brought into question as again even the research and “investigations” into these shootings are plagued with bias and deception as that is the the thin blue line to protect one’s own. Cops who have complained about other Officers and their behavior on duty have been met with resistance and often terminated, just ask this Officer.   So white folks are distressed but then again they are bored, hate Trump and this may be some fallback to the whole Covid lockdown so while I laud their efforts few seem to know history, do their homework and actually know real black and brown people, have never had a serious encounter with Police or the Justice system and yet guess what?  Without them this won’t change.  
Again we will never know what transpired on the streets of Ferguson the day of Michael Brown’s fatal encounter; however, I do know it was over cigarettes. The same with Eric Garner  and with George Floyd it appears that was what he purchased with the “counterfeit” $20 that led the clerk to call the Police.  Wow just wow, death over a criminal misdemeanor.   The same with Mr. Brooks a DUI. All of them were needless if not stupid and could have been handled better and that comes from training and education and building community support and connections.  Fuck that, this is how the money is made bitches! 

Nothing has changed’: Ferguson grapples with legacy in wake of Floyd protests

 The Washington Post)
By Annie Gowen
June 15, 2020

FERGUSON. Mo. — Kayla Reed marched on these streets for weeks after a white police officer fatally shot unarmed black teen Michael Brown Jr. nearly six years ago. When she returned in recent days to protest the death of George Floyd, the black man who died after Minneapolis officers held him down for nearly nine minutes, she had a painful sense of deja vu.

The same helicopters buzzed overhead, the same police officers clutched shields and batons, the same chants of “No justice, no peace” filled the air. When riot officers draped in heavy body armor lined up in front of the town’s police department, Reed knew she had to leave. She couldn’t bear to watch violence erupt again.

“It feels too familiar to me,” said Reed, 30, a well-known activist.

After Brown’s death galvanized the Black Lives Matter movement in this St. Louis suburb in 2014, protesters’ demands for policing reform made the city’s name synonymous with the cause of racial justice. Over the intervening years, Ferguson has seen some change.

Four of the six City Council members are black, compared to just one six years ago. A black police chief now leads a more racially diverse department, whose rank-and-file officers wear body cameras. The city — once accused of harassing its black residents with tickets and fines to fill its coffers — now collects far less in revenue this way than it once did.

And this month, voters made history by electing the city’s first black mayor.

Yet residents say that a deeply ingrained racism still exists in Ferguson, that black neighborhoods are still overpoliced, and that even with the more diverse leadership, remnants of the old guard remain.

They say the city has been slow to implement changes that are part of a U.S. Justice Department consent decree to change discriminatory practices, such as implementing an effective civilian review board and collecting data on police use of force. Much of the economic boost that streamed into the region after Brown’s death flowed toward the whiter, more affluent end of town, a Washington Post analysis in 2018 showed.

Chris Phillips, an activist and filmmaker who once lived in Brown’s apartment complex, said that many Ferguson residents still have anxiety-fueled dealings with local police, and they’ve been airing their grievances at local Floyd protests.

“You still see the same police presence. Nothing has changed as far as that goes. It’s night-and-day different from white, middle-class neighborhoods,” Phillips said. “You’ll see police every quarter to the half-mile patrolling, and people getting stopped. This is basically traumatizing for people, an African American person seeing a cop in their rearview window. That anxiety doesn’t go away.”

Then on June 6, another video surfaced from a neighboring town that showed a white officer ramming an unarmed black suspect with his car, then beating him as he lay in the street. The officer was fired on Wednesday.

Veteran protesters in Ferguson see this latest incident of local police brutality as evidence that systemic racism in the region — one of the most racially segregated in the country — is endemic, and that true change remains elusive.

Nationally, officers have continued to shoot and kill nearly 1,000 people a year since 2014, a Washington Post database shows, and are on track to do so again even during the pandemic. They’ve been filmed using excessive force at rallies across America — and across the street from the White House.

“I think in some ways it’s really inspiring to see so many people out, and black folks understand this moment will have the same legacy of the Ferguson uprising,” Reed said. “But there is a piece of it that’s difficult to process — so much time has passed since Mike Brown was killed and so little has been done.”

The tear gas from the Floyd protests had barely cleared the air and business owners were still boarding up broken windows when the city went to the polls on June 2 and elected Ella Jones the first black mayor of this former sundown town of 21,000 residents.

Jones, 65, a former Mary Kay cosmetics saleswoman and pastor, said she was inspired to enter politics after Brown’s death, winning a seat on the council in 2015. She earlier ran for mayor in 2017, trying to unseat the controversial former town leader who had defended Ferguson police after Brown’s death — and lost.

But she has never been part of the city’s protest movement, and as a consequence, some have viewed her with suspicion.

“We’re going to wait and see what she does,” Phillips said. “If you were to categorize how protesters feel about Ella, it’s almost keeping both eyes open and not put this blinded trust in her.”

Jones said that after Brown’s death, she believed the best thing she could do was knock on the door of City Hall. As a City Council member, she held events to showcase vacant homes to new buyers and helped clean up businesses damaged in the last round of riots.

“Once you protest, what’s the next step?” she said. “So, I ran for council, and that was my way of saying Ferguson needs to change.”

Jones’s primary goal is to complete the mandates of the 2016 consent agreement, including improved training, increased civilian oversight and expanded diversity. The city has contracted a firm to collect data on use of force complaints and other actions, she said.

The consent decree was put in place after the protests, when the Justice Department found that the police department had routinely violated the rights of black citizens in traffic stops, unlawfully ticketed them, made arrests without probable case and used excessive force.

Income from tickets and fines has dropped from nearly $2 million the year Brown was killed to $344,711 last year, state data shows.

But some activists remain worried that Jones may not be strong or progressive enough to heal the still-fractured city.

Katurah Topps, a policy counsel for the NAACP Legal Defense and Educational Fund and a St. Louis native, argued in a recent editorial in the St. Louis Post-Dispatch that Ferguson’s leadership has resisted progress, and that the “very power structures that preyed on their most vulnerable residents remain intact today.”

For example, Jeffrey Blume, the finance director who was in charge when Ferguson wrongly ticketed and fined black residents millions of dollars, is now the interim city manager. Jones had opposed his appointment. Phillips called Jones’s opposition to Blume’s appointment a rare instance in which she went against the status quo.

“She had opportunities to be more progressive in her approach and to vote on issues that were in the better interest in the city, and she did not take all of those opportunities,” Phillips said.

On June 6, a grainy home security video posted on a local news website showed a white officer from a neighboring town allegedly ramming an unarmed suspect with his car, then beating him. The officers had responded to a report of gunshots, authorities said, but neither the suspect nor his companions had a weapon.

Ferguson veterans found themselves mobilizing again, finding the latest incident to be proof that, as Reed put it, “police reform is just as fragmented as the political landscape.” Nearby police departments in the St. Louis area have shown little interest in implementing reforms that the Justice Department ordered in Ferguson, she said.

Veteran protester Cheyenne Green was 21 years old in 2014 when she joined the crowd that gathered around Brown’s body as it lay in the street for more than four hours.

She says she didn’t even know what an activist was back then. Now she’s a 27-year-old veteran protester and political consultant.

Green joined about 200 other protesters Wednesday in front of the Florissant Police Department headquarters as they wielded bullhorns and led the crowd in now-familiar chants. At one point, leaders asked the crowd to raise a middle finger to the officers standing nearby.

Green sees part of her role now to educate the new ones coming out — white, black, Latino — about the cause.

They’d received good news that day, she said. The officer, Detective Joshua Smith, had been fired. Police Chief Tim Fagan had told reporters earlier in the day he had been moved by the protesters demonstrating outside the station.

“I hear those cries. We are listening to the voices of the people,” Fagan said, noting that the video showed Smith had probably committed “numerous policy violations” during the stop when the suspect was mowed down.

Green grabbed a bullhorn.

“This isn’t no kumbaya,” she said. “We understand the officer was fired, but was he arrested or convicted?”

“No!” the crowd hollered back.

“Is that right to you guys?” she asked.

“No!”

Green had some words for the younger people in their group, many of whom were in middle school when Michael Brown was shot and had been to their first protests in recent days.

“As we’re occupying, we’re going to have conversation, something you can take back home to your families,” she told the younger protesters. “This is only the beginning.”