I listened to a great podcast earlier this week about police violence and the standards we use to allow police to use lethal force. It was so good. What started as an attempt to reduce unnecessary police violence has basically ended up in a ridiculous standard where, no matter what the police do, if you reach towards your pants/waist in the precense of police, you may have signed your death warrant. That’s just not reasonable. The police officer can behave entirely irresponsibly and unprofessionally, but if he tells you to put your hands up and you reach towards your pants at all, boom your dead, and the police officer is cleared of all wrong-doing. Strongly consider given this episode of “More Perfect” (an amazing podcast on Constitutional Law from the Radiolab folks) on the matter.
I loved the episode, but was not going to post on it until the very recent acquittal of the officer who shot Daniel Shaver and the release of the video, as the More Perfect episode is 100% on-point. You can read about the case and watch the absolutely devastating video in the Post article. The police officer behaved abominably and seemed to be on a sick power trip, but the guy reached towards his falling-down pants (after being needlessly forced to crawl) and so the five shots that killed him were considered “reasonable.”
Ironically, I also had an open tab about the case (from well before the video release) that I had been meaning to read, but had not gotten around to. Conor Friedersdorf (working off a description of what’s in the video) makes the beyond race (Shaver was white) case for dramatically-needed police reform.:
Its protests have certainly helped mobilize support for police reform among the subset of Americans who believe that fighting racism should be a high priority. Unfortunately, its explicitly racial focus has been alienating to others, including those who don’t believe that racism is a significant factor in police killings; those who put fighting racism low on their priority list; and anti-black racists. In debates that ensue, critics of Black Lives Matter often try to argue that African Americans are not in fact disproportionately victimized by police killings. Here is a representative example.
Rather than engage that debate, though, I want to argue that it is largely irrelevant. Even if Black Lives Matter critics were right that police killings in America are not racially suspect, that would not be a sufficient argument against police reforms. It would still remain the case that American police officers kill many more people overall––and many more unarmed and mentally ill people in particular––than do police officers in other democratic countries.
Why isn’t that enough to warrant serious, systemic reform? [emphasis mine]
Black Lives Matter and its progressive allies who want to advance its reform agenda, believing that it will save innocents of all races and that it will disproportionately save lives in black communities, display a laudable commitment to speaking out every time the police killing of a black person illustrates a flaw of the status quo. But publicizing and protesting egregious instances of white people being killed would do as much to advance its agenda.
And, specifically on Shaver:
This is already vexing. A guy who had done nothing illegal is ordered into a motel hallway. Six cops are there with their weapons drawn; he is presumably a bit drunk, which would only add to his alarm and confusion; he is clearly trying to cooperate from the start; but the cops are hostile, yelling at him for trying to ask a question, adding to his fear by shouting that he may not survive, and giving lots of complicated instructions—it isn’t enough for the six men with guns that the man is laying on the ground with his hands outstretched and his palms up. They’re ordering him to cross his legs with specific instructions for which leg goes on top; they want his eyes closed; they want fingers interlaced on his head.
At this point, the woman crawls to police, who get her out of the way. The other individual had already left the room by the time the cops arrived on scene.
Now back to the incident report:
Shaver remained compliant and was not moving … Sgt. Langley told Shaver to listen to his instructions and “do not make a mistake.” Portillo’s purse was clearly visible in the middle of the hallway approximately three feet in front of Shaver.
Sgt. Langley told Shaver to keep his legs crossed and to place his hands out in front of him and push himself up into a kneeling position. Shaver moved his hands in front of him and then when he started to push himself into a kneeling position, he uncrossed his legs. Sgt. Langley immediately shouted at Shaver to keep his legs crossed. Shaver crossed his legs and was now on all fours on his hands and knees on the floor. Shaver’s head was down and he could be heard saying he is sorry and continued to mumble something I could not understand. Shaver then attempted to raise his body into a kneeling position as he had originally been instructed and brought both of his hands behind his back. This did not appear to be an exaggerated movement and looked similar from the vantage point of the video as when someone is handcuffed with officers behind them.
I invite readers to lay face down on the floor, hands outstretched, legs crossed; and then attempt rising to a kneeling position without uncrossing your legs or drawing your hands toward your waistband. Do not make a mistake or you die.
And in conclusion:
All killings by police are worthy of attention, at least until American law-enforcement officers kill fewer rather than many more of the citizens they’re sworn to protect than police in other countries. No unjust killing of a black person should go uncovered. But I suspect it would be in everyone’s interest if journalists and activists paid more attention to egregious police killings of white people. If you’re horrified by Daniel Shaver’s untimely death, yet against Black Lives Matter, consider that Shaver might well be alive if only the Mesa police department had long ago adopted reforms of the sort that Black Lives Matter suggests.
Short version– we desperately, desperately need to stop making it so easy for police to legally kill unarmed civilians. Period.
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