Still Free

Yeah, Mr. Smiley. Made it through the entire Trump presidency without being enslaved. Imagine that.

Friday, November 14, 2014

Back Story: Get It Right LA Times

So while awaiting the grand jury decision the LA Times decided to post a "back story" on the events in Ferguson. Of course there were problems.
St. Louis County grand jury is expected to decide soon whether to indict a white police officer who fatally shot an unarmed 18-year-old black man on Aug. 9 in Ferguson, Mo., setting off protests and unrest. Here’s what we know about the deadly encounter involving Michael Brown and Officer Darren Wilson, and what’s likely to happen next.
Well unlike August when he was a "teen" the unfurling narrative still presents the "unarmed" angle. Though anyone with sense knows full well that an "unarmed" person is not the same as a "non-threatening" person. And also never mind that Brown was already on tape assaulting the manager. See, this is what we call the Set Up. The implication here is that Brown is innocent (because he's black) and that Wilson is guilty because he is white and therefore racist.
Wilson has not spoken publicly about what happened, and no direct video of the shooting has surfaced.
Because? Because Ferguson police do not use dash cams or body cams. In most police misconduct (and citizen misconduct) cases, the cameras are turned on after the initial contact. Someone getting stopped by a police officer doesn't cause a camera to be turned on but a cop hitting someone after the stop does. So absent the video (which the ghost thinks should be mandatory for all law enforcement personnel) We have witness statements and forensics. We already know through research that witness statements are not entirely reliable. So forensics gets a higher weighting than "I swore I saw so and so do such and such".
the confrontation began when Wilson, on patrol, spotted Brown and a friend, Dorian Johnson, walking in the street.
Well actually the confrontation started when Wilson, who was called to respond to a report of a strong arm robbery at a convenience store came upon Brown and Johnson walking in the middle of the street obstructing traffic which included a now emergency vehicle. This part is important because "on patrol" implies that Wilson was simply driving around looking for someone to mess with. The actual case shows that Wilson was in a state of high alert trying to get to a scene of a crime. Entirely different mindset.
Wilson “observed the two individuals, he requested that they get out of the roadway. The deceased became belligerent towards Officer Wilson,” the report stated.
"Observed" is standard police speak. Of course he "observed". they were likely in his way as he was responding to the reported crime. "requested" is also police speak. It is likely that he yelled at them. He likely had his siren and/or lights on (though that was never mentioned and would actually be relevant). Of course Wilson would not be 'nice" as he is trying to get to a scene of a reported crime.
"As Officer Wilson attempted to exit out of his patrol vehicle the deceased pushed his door shut and began to struggle with Officer Wilson, during the struggle the Officer’s weapon was un-holstered. The weapon discharged during the struggle.
Of course this leaves out pertinent information such as the fact that AFTER yelling at Brown and Johnson, Wilson continued on to the location of the reported crime. It was AFTER he heard the description of the suspect, and the description matched one of the persons he just yelled at, that he turned around to confront Brown Secondly, by pushing the door onto officer Wilson, Brown committed assault on a peace officer. You'd think that noting that would be relevant to the "back story". Secondly the fact is that the gun discharged twice in the vehicle and that witnesses say that Johnson took off running after the first shot. Which would imply that he could not have seen everything that transpired after that first shot.
Johnson says that when the incident began, Wilson used profanity to tell the young men to get out of the street, hit Brown with his car door while trying to open it, then grabbed Brown by the neck.
So Wilson, sitting in his vehicle, after cussing at Brown, attempted to knock Brown down with his door. Then failing to exit his vehicle, reached out the window to grab up Brown? Do those events even sound right to you. If anything the order would have to have been "Grabbed first, opened door after". And even in that case why would a police officer entrap his arm in a car door window grabbing onto a suspect when he knows he has to lose contact when the door is fully opened? Reader: Try that at home. Get a buddy. Grab him by the neck out your car window and then open the door and see how that works out for you(Convertible owners exempted).
“They’re not wrestling so much as his arm went from his throat to now clenched on his shirt,” Johnson told MSNBC. “It’s like tug of war. He’s trying to pull him in. He’s pulling away, that’s when I heard, ‘I’m gonna shoot you.’”
Lets take this at face value. If Wilson in fact did this, it would be an epic training fail on his part. What purpose does pulling Brown into the driver's side front seat serve for Wilson? Is he gonna shoot Wilson in the head while his head is in the driver's seat? Knock him out with his gun? "Then he heard 'I'm gonna shoot you." He heard who say that? A police officer who is being assaulted WILL say "stop or I'll shoot". Since Wilson was being assaulted it is highly likely that he said something to that effect. Therefore it still cannot be seen as evidence of malice for him to be heard saying "i'll shoot." because we know he's in a scuffle. Secondly, if Wilson was interacting with Brown after realizing that Brown fit the description, that would explain why his gun was unlatched or unholstered when Brown reached for it. Professionals do not unlatch their guns because they KNOW that a 'free" gun is an invitation for an opponent to become armed.
After the first shot wounded Brown, Johnson said, Brown ran and Wilson chased him. Wilson then shot Brown in the back, and Brown stopped, turned with his hands up, and said, “I don’t have a gun, stop shooting!” according to Johnson’s account to MSNBC.
Of course the autopsies (there were 3 done)showed that Brown was not shot in the back. The LA Times should have noted right there and then that Johnson't statement in that regard was false. Secondly, even IF Brown said anything like "I don't have a gun" it does not follow that he is not a threat. He is still obliged to follow all police directions and it is HIGHLY unlikely that Wilson told Brown to walk towards him. Police tell you to lay down on the ground with your hands on your back.
As Wilson stood face-to-face with Brown, the officer shot him several more times, Johnson said.
Of course johnson's testimony was contradicted by other witnesses.
No. Among the earliest details to provoke fury from residents and demonstrators were witnesses’ statements to the media that Brown had his hands raised in surrender when Wilson shot him.
Well they may have thought that was what they saw. So far the leaked GJ evidence and the autopsy indicates that Brown's hands were at his sides, elbows near his hips which is a far cry from hands over his heads claims made by others and which I demonstrated could be indicative of someone attacking someone
One witness, Tiffany Mitchell, told MSNBC that Wilson shot at Brown as he was running away, and Brown’s body jerked as if he had been shot. Mitchell said Brown “turned around and put his hands up, and the officer continued to walk up on him and shoot him until he goes all the way down to the ground.” Another witness, Piaget Crenshaw, gave a similar account.
With all due respect to Tiffany Mitchell, her testimony is contradicted by other accounts.

But by all means LA Times, don't let these other witness accounts get in the way of your narrative.

The Washington Post sparked controversy last month when it reported that several black witnesses had provided testimony to the grand jury that largely supported Wilson’s account of events.
Controversy. Why is that controversial? Now THAT would make for a good news story.
After the grand jury’s decision is released, McCulloch’s office has promised to release all evidence and testimony from the proceedings, which are conducted in secret. The prosecutor would have to seek a judge’s approval for such a move, however, and if there is an indictment, some of the information might remain confidential until trial.
If they do release this information then I hope they take every precaution to make sure that the witnesses who spoke truthfully have their identities protected. The reason GJ activities are secret is to protect both the reputations of those under investigation but also to protect the witnesses from retribution.
Missouri law provides wide latitude for police to use deadly force, particularly if the officer believes it’s necessary to protect his or her safety or the safety of others. But that law might not shield Wilson. “If Michael Brown was trying to surrender at the time, that makes this defense not applicable,” Washington University law professor Peter Joy said. “So the question is: Was Michael Brown clearly trying to surrender at the time that the fatal gunshots were fired?”
No, actually the standard is whether Wilson, the accused believed his life was still in danger, not whether someone thinks Brown was surrendering. I'm surprised a law professor misunderstands this point. If the witness statements that Wilson took steps back as Brown stepped towards him, then it goes to show Wilson's belief that he was in danger.