Sunday, May 30, 2021

Bad Apples, June 19, 2018, Antwon Rose

 



Antwon Rose Jr. was a 17-year old honor student who was shot and killed by a police officer in East Pittsburgh, Pennsylvania, as he was running from a traffic stop following a separate shooting.

Antwon Rose Jr. was born on July 12, 2000, to Michelle Kenney and Antwon Rose Sr. He was an honor student at Woodland Hills High School where he played basketball and the saxophone. The superintendent described Rose as an “excellent student” who took Advance Placement classes. He coached children in after-school classes at the Pittsburgh Gymnastics Club, and at age 14 he began volunteering at the Free Store, which provides surplus and donated items to those in need.

On the night of June 19, 2018, officers from the East Pittsburgh Police Department responded to several 911 calls of a drive-by shooting in North Braddock, a borough in Allegheny County east of Pittsburgh. Multiple shots had been fired from a passing vehicle witnesses described as a silver Chevy Cruz. A 22-year old man named William Ross sustained a nonfatal gunshot wound in the abdomen and fired back at the vehicle, resulting in a shattered window. A short time later, officers spotted and pulled over a vehicle matching that description. While they arrested the driver, Rose and Zaijuan Hester exited the vehicle and began fleeing the scene. Officer Michael Rosfeld fired his service weapon three times, striking Rose in the back, face, and elbow. Rose was transported to a hospital where he died.

Rose was unarmed at the time he was shot, though investigators later determined there were two guns in the vehicle. Hester later pleaded guilty to shooting Ross and was sentenced to up to twenty-two years in prison (Coen 1-2)

The trial of former East Pittsburgh Police Officer Michael Rosfeld continued into a second day Wednesday in a Pittsburgh courtroom where three witnesses were called during morning testimony.

John Leach, a neighbor who lives a few houses away from where the June shooting took place, said he was on the front porch when Rosfeld fired three bullets into 17-year-old Anton Rose II after pulling over an unlicensed taxicab suspected to have been used in a drive-by shooting minutes earlier. Rose was a front-seat passenger in the cab and was shot as he fled.

Rosfeld, 30, faces a charge of criminal homicide.

Leach, the second witness to testify Wednesday, said after the shooting, he was standing by Rose’s body, watching Rosfeld on the sidewalk nearby saying repeatedly, “I don’t know why I shot him. I don’t know why I fired.”

He said later, he saw other officers consoling Rosfeld as he was crying, bent over, and hyperventilating. He said Rosfeld looked like he was about to pass out.

Leach said he saw Rosfeld pointing a gun at Rose while at least one of Rose’s hands was in the air. Then, Rose turned and ran, he said (Santanam 1-2).

One of the victims of a drive-by shooting that occurred minutes before an East Pittsburgh police officer shot 17-year-old Antwon Rose II told police in January that it was Antwon who shot him, and it was Antwon who had a “beef” with him.

The beef was between me and him, that car came by, he shot me, I ran to the store,” William Ross told a Pennsylvania State Police trooper Jan. 16, according to a police report. “I didn’t report it. Five minutes later, he was dead.”

That statement was included in a defense motion filed Friday on behalf of former East Pittsburgh police officer Michael Rosfeld, who is charged with homicide for Antwon’s death. It contradicts what investigators say — a man with Antwon was the shooter.

Investigators said video from the scene shows the shots were fired from the passenger-side back seat of the gold Chevy Cruz used in the drive-by. Hester, they said, was in the back seat, while Antwon was in the front passenger seat.

The video shows that the front passenger window was closed at the time of the drive-by.

But there is evidence that Antwon had gunshot residue on his hands, and that a stolen gun was found beneath the front passenger seat of the car. He also had an empty magazine in his pocket.

Defense attorney Patrick Thomassey, who represents Mr. Rosfeld, has been trying throughout the pre-trial process to portray Antwon as a criminal, arguing that he has the right to tell the jury about the evidence found on Antwon and in the car that is damaging to the teen’s reputation.

The prosecution, however, has argued that those details are irrelevant as to whether Mr. Rosfeld was justified in shooting an unarmed, fleeing teenager in the back three times.

Ross told detectives that he was at Fa’s Market that evening and saw a gold car pull up.

Ross stated that he heard someone say, ‘Is that him?’ and he noticed that [Antwon] was in the front passenger seat, and [another man] was driving. He said that he knows both from playing football. Ross stated that [Antwon] was just in the store two days prior to the shooting. Ross also stated that just that day he saw [Antwon] down at the hoop court playing basketball,” the report said.

Ross said that after hearing, ‘Is that him?’ he observed a black gun come out of the back passenger window, Ross stated a black male wearing a black hoodie over his head was holding the gun.”

The rear passenger started firing, the interview continues, and Ross ran back inside the store, with his right leg burning.

He said that he ran to the back of [the store] because he wanted to get to the basement because he felt ‘they’ were coming into the store to kill him.”

Ross then told Allegheny County police Detective Kevin McCue that he believed there was a beef between them because Ross is from Braddock, and the people in the car — including Antwon — were from Rankin.

Ross stated that Rankin boys shot Braddock boys, and then Braddock Boys go [shoot] Rankin Boys. That’s the beef,” the detective wrote.

But in the interview with the state trooper in January, Ross did not repeat that information — saying only that the beef was with Antwon (Ward 1-2).

The incident was filmed by a bystander and the video was posted to social media. “Why are they shooting?” the person recording the video says. “All they did was run and they’re shooting at them!” The shooting of Rose resulted in demonstrations over the next few days. Protesters blocked an interstate highway for several hours and gathered outside the East Pittsburgh Police Department and Allegheny County Courthouse where they demanded the officer be held to account (Coen 2).

Prosecutors charged Mr. Rosfeld with an open count of homicide, meaning the jury could have convicted him of murder or manslaughter.

Antwon, who was unarmed, ran after Mr. Rosfeld pulled over the car he was riding in with another teenager. The car, a Chevrolet Cruz, matched the description of one involved in a nearby drive-by shooting about 10 minutes earlier.

Mr. Rosfeld shot Antwon, a passenger, three times — in his back, face and elbow.

Prosecutors say Mr. Rosfeld, 30, gave inconsistent statements about the shooting, including whether he thought Antwon had a gun.


On Thursday, Mr. Rosfeld testified in his own defense for 90 minutes. “It happened very quickly,” he said. “My intent was to end the threat that was made against me.”

He said on the stand that he thought he saw one of the two teenagers who ran from the car point a gun at him. He said he did not know which teenager made the motion.

This case had nothing to do with race, absolutely nothing to do with race,” Patrick Thomassey, Mr. Rosfeld’s lawyer, said after the verdict. “And some people in this city have made it that way and it’s sad. Mike Rosfeld was doing his job. He did his job. And it had nothing to do with the color of anyone he was arresting.”

The jury consisted of six men and six women, nine of whom were white and three of whom were African-American.

On Friday morning, one of the white female jurors was dismissed by the judge and was replaced by an alternate juror, a white man. A reason was not given.

Mr. Rosfeld had been on the East Pittsburgh police force for about three weeks and had been officially sworn in just hours before the shooting.

Previously, he had been a member of the University of Pittsburgh police force, but he left the job after discrepancies were found between one of his sworn statements and evidence in an arrest, The Pittsburgh Post-Gazette has reported (Hassan 1-2).

Rosfeld, who is white, had parted ways from the university after an incident in which he became violent with a black student—whose parent happened to be the school’s vice chancellor (Patterson 3).

Rose’s family on Friday condemned the [acquittal] verdict. “I hope that man never sleeps at night,” the teen’s mother, Michelle Kenney, said according to the Pittsburgh Post-Gazette. “I hope he gets as much sleep as I do, which is none.”

Antwon Rose was shot in his back. ... He was unarmed, and he did not pose a threat to the officer or to the community, and the verdict today says that is okay, that is acceptable behavior from a police officer,” [the Rose family’s attorney S. Lee] Merritt said. (Sakuma 2).

In August 2018 Rose’s family filed a civil rights lawsuit against Rosfeld and the borough of East Pittsburgh. The family alleged racial bias, lack of training, and use of excessive force. The suit was settled in October 2019 for $2 million (Coen 2).

[Antwon’s mother, interviewed, recollects:]

My daughter and I are close, but we're a lot alike. We're outgoing, we're boisterous, we're loud. Antwon was none of that. He was just so different. He was so kind, so gentle, so understanding.

When he was little, my daughter and I would laugh because Antwon would give popsicles to the kids up and down the street. He didn't care if he wasn't playing with you. He gave them out anyway.

He was funny. His facial expressions were always unbelievable. If you wanted to know what Antwon was thinking, all you had to do was look at his face. He had jokes for days.

Antwon's talents were endless. Antwon could ski, snowboard--as a matter of fact, one of his friends said at his funeral that he was the best snowboarder he ever met. Antwon played the saxophone and the guitar and loved basketball, but he wanted to work rather than playing high school ball.

Antwon was great at math and he liked science. Antwon, when he was little, he always told us he wanted to be a lawyer. Then when he was in high school, he decided he wanted to be a chemical engineer.

When Antwon was in the fourth grade, I got a call from the principal. She asked me to come in. I was worried because he had never gotten in trouble. She ended up calling because she could not believe that Antwon wasn't in the gifted program. And back then, there weren't any Black kids in the gifted program. She pushed for him to be in that program because she knew that's where he belonged.

About two days before Antwon was murdered, we had a family meeting. The family meeting was about staying out of the way. We didn't live in the greatest neighborhood, so I worried about him coming home and back. I sat on my porch every day and waited for him to come home, whether it was from school, work, I would look up the street, make sure he was coming and make sure no one interfered with him making it home.

At the family meeting I was talking to him and he just kept saying, “I know, Mom. I know, Mom. I know, Mom. I know, Mom.” I was upset and I was just like, “I don't think you understand.” Then, the day after Antwon was killed, his teacher gave me a poem he wrote titled, "I AM NOT WHAT YOU THINK.”

I am confused and afraid

I wonder what path I will take

I hear that there’s only two ways out

I see mothers bury their sons

I want my mom to never feel that pain

I am confused and afraid

I realized he heard me all those years, and all those family meetings because that poem is exactly what we talked about. Had I known about it I probably would have stopped asking him, "Do you hear me?"

I'm biracial and Antwon was raised to hang out with white kids. Antwon knew he was Black as far as common sense, but based on the people he hung out with, he didn't understand what that meant. I felt that if anything was to ever happen or the police were called, even if he was at a party, they would automatically blame Antwon. The blame would be put upon him before they would be put upon the kids he hung out with. That's the harsh reality, but it's our truth.

I worked at a police department for over a decade. I was the administrative assistant to the chief of police and the mayor. I saw a lot of things that I didn't think were right.

I got fed up with the idea of there not being any accountability. I’d see people come in to file civilian complaints, and say they were harassed or their civil rights had been violated and nothing happened.

As much as I tried to encourage people to take their complaints elsewhere and take other actions, I felt like it was useless. I felt like I was beat down by a system that was designed only for police.

Don’t get me wrong. I worked with a lot of great people, but it’s amazing, the stuff the bad ones get away with. To get a call and hear an officer got fired from somewhere else and that’s why they ended up here, it's just unbelievable. And when you're responsible for the paperwork when they’re getting hired, it's hard to handle.

As I was driving to the place where Antwon was killed, I ran into a bunch of police officers at the first location. They all gave me the run-around. It all showed up that day -- disrespectful, arrogant, and unbelievably ignorant. Luckily there was a cop there who knew me. He said, "Michelle, Antwon’s not that type of kid but if you believe it's him, go to McKeesport Hospital.”

On my way to the hospital my daughter called me and said, "Mom, you need to call granddaddy before you go."

My dad is a police officer in another jurisdiction. If I needed to call him before I got to the hospital, I knew what that meant.

Allegheny County Police never told me Antwon was killed by a cop. Instead, they wanted more information about what Antwon did that day. I told them, "I just need to know if my son is dead."

The cop told me, "I'm not telling you anything."

My 17-year-old is laying there and the cop is telling me that if I don't answer his questions, he can't tell me anything. Instead of telling me if my son was dead, the cop told me that they found $300 in Antwon’s pocket as well as a clip from a gun. The officer wanted to know where the money came from.

An officer who is also an EMT showed up on the scene. He could not believe that they didn't try to save Antwon’s life. At the trial, he testified that Antwon had nothing in his pocket. When he made that statement, they came back and said that clip did not have Antwon's fingerprints on it. How could a clip end up in a pocket in the skinny jeans he had on and not have his fingerprints on it?

I've talked to Tamir Rice’s. She gives me the best advice, even when I don't want to hear it. I've spoken to Botham Jean’s mom. I check on her, she checks on me. DJ Henry’s mom is unbelievably amazing. That's just a beautiful soul. And my closest relationships are here with the mothers in Pittsburgh. We’ve had four police shootings since Antwon’s murder and none of them have received the attention that Antwon did. Those are the moms I check on because they’re right here in my city.

If I could speak to Antwon I’d tell him that I love him and that I'm sorry--so sorry. ...(Kenney 1-3).

Rose's mother, Michelle Kenney, is calling for police reforms including legislation to create a database of complaints against officers for future hiring.

...

I just don’t think people understand how many officers are actually transferred to other departments with bad reputations that they take with them from their previous employment.”

… “If you’re a good cop, this list will not affect you at all, other than the fact that you won’t be put in a predicament that you end up working with a bad cop” (Gavin 1).

In June 2018, a police officer shot and killed Antwon Rose II, an unarmed black teenager, in a small borough outside Pittsburgh.

Rose’s death led to emotional protests, the arrest of the officer, and a package of police reform bills introduced by Democrats — legislation that went nowhere in the Republican-controlled state legislature.

Now, two years later, protests have once again erupted across Pennsylvania and the nation demanding justice for George Floyd, a black man from Minnesota who died after an officer knelt on his neck for nearly nine minutes.

Floyd’s death has also reignited calls by Pennsylvania legislators to change the state’s deadly force law and ramp up police oversight. But without GOP support, many of these measures have no chance of reaching Gov. Tom Wolf.

In the aftermath of Rose’s death, [Senate Minority Leader Jay] Costa proposed a bill that would create a disciplinary database and require additional training and mental-health screenings for officers. A version of the measure introduced at the beginning of this legislative session has been sitting in committee without a hearing since March 2019.

The reform package unveiled Tuesday also calls on the legislature to “eliminate effectuating an arrest as a justification for the use of deadly force.”

State law gives police officers wide discretion to use deadly force, including when they believe a suspect attempted or successfully committed a forcible felony, and the force was necessary to complete an arrest. Rosfeld was acquitted in Rose’s death after a defense expert testified that the officer’s actions were justified, even though the teen was unarmed.

While state law lays out the circumstances under which an officer may use deadly force, not every State law department has a written policy on how it should be used — including the one that employed Rosfeld when he fatally shot Rose.

One of the shocking realizations after recent police-involved shootings at the local level is that municipalities and their law enforcement departments have little-to-no policies guiding the decisions that police have to make in their line of work,” Costa wrote in a memo seeking support from his colleagues for a measure that would compel law enforcement agencies to adopt a use-of-force policy (Fernandez 1-2).

The East Pittsburgh Police … apparently had nothing in place to dictate how Rosfeld should have behaved. “When they first came on scene,” [Allegheny County District Attorney Stephen] Zappala said, the major crimes investigators asked, “‘Well how do you handle these situations? What’s your policy?’ And they said, ‘We don’t have a policy.'”

The East Pittsburgh force is tiny—just eight officers … departments that small often don’t have resources or expertise to develop and maintain their own policy manuals (Patterson 3).

But like his database bill, Costa’s use-of-force legislation has been sitting in committee for more than a year. And like any piece of legislation that reaches Wolf’s desk, these reform measures need Republican support to advance.

Costa is used to seeing reform bills wither in committee, though he’s hopeful the recent protests will draw new attention “to the need for this legislation.”

These incidents occur and then we protest. Then we talk about it, and then time passes and it is ignored,” he said. “We need to break that cycle and we need to make sure these conversations take place” (Fernandez 2-3).

[Paste the following links on Google to see two videos]


Surveillance video: Drive-by shooting in North Braddock ...


Black unarmed teen Antwon Rose shot in Pittsburgh - YouTube


Works cited:

Coen, Ross. “Antwon Rose Jr. (2000-2018).” BlackPast, August 13, 2020. Net. https://www.blackpast.org/african-american-history/people-african-american-history/antwon-rose-jr-2000-2018/

Fernandez, Cynthia. “Police Reforms in Pa. Languished after Antwon Rose’s kKlling. Will Now Be Any Different?” Spotlight, June 3, 2020. Net. https://www.spotlightpa.org/news/2020/06/police-protest-pennsylvania-antwon-rose-use-of-force/

Gavin, Kevin. “Two Years after Antwon Rose Killing, His Mother Continues Call for Police Reform.” The Confluence, June 18, 2020. Net. https://www.wesa.fm/show/the-confluence/2020-06-18/two-years-after-antwon-rose-killing-his-mother-continues-call-for-police-reform

Hassan, Adeel. “Antwon Rose Shooting: White Police Officer Acquitted in Death of Black Teenager.” The New York Times, March 22, 2019. Net. https://www.nytimes.com/2019/03/22/us/antwon-rose-shooting.html

Kenney, Michelle. “I’m Antwon Rose’s Mother. My Son Had To Be Killed by Police in Order for Him To Change the World.” ABC News, July 13, 2020. Net. https://abcnews.go.com/GMA/News/im-antwon-roses-mother-son-killed-police-order/story?id=71677745

Patterson, Brandon E. Cop Who Killed This Unarmed Teen Wasn’t Following Department Policy—Because There Wasn’t One.” Mother Jones, June 28, 2018. Net. https://www.motherjones.com/crime-justice/2018/06/police-officer-killed-antwon-rose-east-pittsburgh-police-department-2/

Sakuma, Amanda. “East Pittsburgh Police Officer Acquitted in Shooting Death of 17-Year-Old Antwon Rose.” Vox, March 23, 2019. Net. https://www.vox.com/policy-and-politics/2019/3/23/18278470/police-officer-acquitted-antwon-rose-unarmed-shooting

Santanam, Ramesh. “Witness: White Officer Michael Rosfeld Panicked after Shooting Unarmed Black Teen Antwon Rose II.” The Florida Times-Union, March 20, 2019. Net. https://www.jacksonville.com/news/20190320/witness-white-officer-michael-rosfeld-panicked-after-shooting-unarmed-black-teen-antwon-rose-ii

Ward, Paula Reed. “Court Filing: Drive-By Victim Told Police that Antwon Rose II Shot Him.” Pittsburgh Post-Gazette, March 1, 2019. Net. https://www.post-gazette.com/news/crime-courts/2019/03/01/Michael-Rosfeld-Antown-Rose-shooting-east-pittsburgh-drive-by-victim-tells-police/stories/201903010161



Thursday, May 27, 2021

Bad Apples, March 18, 2018, Stephon Clark

 On Sunday, at 9:18 p.m., officers from the Sacramento Police Department arrived at a house on 29th Street, investigating reports that someone was breaking the windows of vehicles, a separate, earlier police statement said on Monday. The person who called the police said the suspect was wearing a black hoodie and dark pants and was “hiding in a backyard.”

Officers in a Sheriff’s Department helicopter overhead informed the police that they saw someone matching that description and helped to direct the police to him, saying he had just “picked up a toolbar and broke a window to a residence.” He was then seen running to the front of a house, the statement said.

When officers arrived at the house, they say, the man ran toward the back and they pursued. Then, “the suspect turned and advanced towards the officers while holding an object which was extended in front of him,” the police statement said. “The officers believed the suspect was pointing a firearm at them.”

Fearing for their safety, the officers fired their duty weapons striking the suspect multiple times,” the statement said. Two officers fired 10 rounds each, the police told reporters, according to a report by KCRA.

...

Mr. Clark, who the local news media said had two children, was pronounced dead at the scene, the police said. Investigators found a cellphone near his body but no firearms, they said.

The officers who fired their weapons have been with the department for two and four years and also had several years of experience in other departments. They were placed on paid administrative leave while the shooting is investigated by district and city attorneys and the Office of Public Safety Accountability, the police said (Hauser 2).

The raw footage [of the shooting] was released in March, and was widely shared on social media. After publishing an initial report, we [New York Times] decided to take a closer look. The result is the most comprehensive analysis to date — a detailed spatial and moment-by-moment record of the shooting.

Protests broke out in Sacramento after the killing of Mr. Clark. His death was the latest in a series of caught-on-camera police shootings of black men, including Alton B. Sterling in 2016, Walter L. Scott in 2015 and Michael Brown in 2014.

In Mr. Clark’s case, the protesters demanded the city’s leadership fire the two officers involved. Mr. Clark’s family also accused the police department of trying to cover up misconduct by its officers. An investigation into the shooting by the Sacramento Police Department is ongoing. The two officers involved in the shooting are back on desk duty, but aren’t out on patrol.

For our analysis, we started by looking at every frame of the crucial 23 seconds. Then, we used Google Earth to map the officers’ and Clark’s movements, by matching up the videos with satellite imagery.

We reviewed more than 50 police videos of the aftermath, in addition to the official autopsy report and police audio recordings.

We also reviewed Sacramento Police Department policies and international guidelines, and talked to experts about police conduct.

Our goal was to shed new light on what happened during the encounter and to explain why it escalated so quickly.

It’s a detailed look at a person’s violent death and we can’t point to a single factor that explains why Stephon Clark was killed. Both officers had more than five years of experience in law enforcement, according to the Police Department.

This episode and other police killings of unarmed black people raise questions about structural racism, police training and use-of-force protocols. In Sacramento, officers can use deadly force not only as a last resort — but also if an officer “reasonably believes” there is a threat. And Sacramento isn’t the exception: Guidelines in many U.S. cities are generally less strict than international standards, which permit the use of force only in response to an “imminent threat,” and if all other means fail. Even when police officers in the U.S. are charged or indicted, they are rarely convicted. As of late last year, in 15 high-profile cases involving deaths of black people, only one officer faces prison time, according to research by the New York Times. The shooting of Mr. Clark is also complicated by the fact that one of the officers is white and the other is black, as the police videos show (Koetti 1-2).


[Paste the following on Google to watch the Times video]


23 Seconds, 5 Critical Moments: How Stephon Clark Was …



Stephon Clark's grandmother Sequita Thompson speaks in the days following his death.


Part of the [police department] transcript [of the shooting] included Clark’s grandmother describing the gunshots and commotion she heard, unaware that her grandson was the victim.

All of a sudden I heard shots like pow pow pow. I heard four of them,” she said, according to a witness statement on the police report. “I thought it might have been fireworks because I could see the flash and I do not know if gun shots do that. I grabbed my granddaughter and laid on the floor.”

When police asked her if anyone tried to break into her house, she said no. “If somebody tried to get in our house, it’s my … probably be my grandson ‘cause sometimes we can’t hear him.”

When police tell her that someone was shot dead in her backyard and it’s now a crime scene, she asked whether the victim was black.

I hope it ain’t my grandson,” she said. “Please don’t tell me it’s my grandson. Please don’t. No.”

She looked out through the window and saw Clark.

He was just comin’ home and y’all was comin’ through the back. … He don’t have no gun. He don’t carry no gun. Oh, my god. He got two children,” she said.

Frustrated residents decried the state attorney general’s decision not to bring charges against the officers who shot Clark.

The AG’s move continued a week of disappointment for Clark’s supporters after Sacramento County on Saturday also declined to bring charges.

Nearly a year ago, his death triggered days of protests with demonstrators demanding police accountability, part of the broader Black Lives Matter movement (Karimi 3, 4).

The police officers who shot and killed Stephon Clark will not be charged by the Sacramento county district attorney’s office.

According to the district attorney, Anne Marie Schubert, the officers were justified in using lethal force and did not commit a crime.

When we look at all of these facts and circumstances,” she said on Saturday, “we ask ourselves, was a crime committed?

The answer to that question is no.”

Schubert has investigated more than 30 police shootings since January 2015 and has never filed charges, according to the Sacramento Bee newspaper.

Clark’s killing sparked protests and heightened an ongoing national debate over police use of force.

In her press conference, Schubert spent nearly an hour going over video footage and images from the night of Clark’s killing. She also shared personal text messages, phone logs, internet searches and email drafts from Clark’s cellphone to show, she said, Clark’s state of mind in the days leading up to his death.

Dr Flojaune Cofer, senior director of policy at Public Health Advocates, a sponsor of the use of force bill, questioned why the district attorney shared such personal information from Clark and not the officers who killed him.

I listened to an explanation for why this person deserved to die,” Cofer said. “And what was most troubling about that is that I didn’t hear similar investigation into the officers’ behavior, even though they were the ones who should have been under investigation for criminal negligence.”

Stephon Clark was murdered twice,” said Saad Sweilem, the civil rights attorney for the Council on American-Islaimc Relations in Sacramento Valley, adding that Schubert “assassinated his character” (Kempa 1-3).

Two police officers in Sacramento, California, are back on duty after federal authorities cleared them of federal criminal civil rights charges in the shooting death of 22-year-old Stephon Clark.

U.S. Attorney McGregor W. Scott and Special Agent-in-Charge Sean Ragan of the FBI's Sacramento Division said there was insufficient evidence "to prove beyond a reasonable doubt" that officers Terrance Mercadal and Jared Robinet violated a federal statute.

                                                          Stephon Clark


Clark's death, which led to contentious protests throughout the California capital, should not result in charges, [Police Chief Daniel] Hahn said, because every investigation of the shooting turned up the same results.

"This incident has been thoroughly investigated by law enforcement agencies at the local, state and federal levels," Hahn told ABC Sacramento station KXTV. "Every one of these independent examinations has reached the same finding: The use of deadly force in this case was lawful."

"The officers involved in this case will return to full, active duty," Hahn said in a statement.

While authorities look to put the incident behind them, Clark's family said it doesn't make sense to already have the offices back on duty.

"My brother was killed, unarmed, in my grandmother's backyard, and the same cop who killed him is back on the streets patrolling other communities, running through other people's backyards," Clark's brother, Stevante told KXTV. "I'm uneasy with that. My heart is broken."

"Justice delayed is justice denied," Stevante wrote on his Facebook page (Mansell 1-2).

The family of Stephon Clark, an unarmed black man who was shot seven times by Sacramento police officers last year and whose death prompted California to change its use-of-force law, reached a $2.4 million settlement this week with the capital city, court filings show.

The money will go to Mr. Clark’s two sons, ages 2 and 5, in three lump sums starting when they turn 22, according to the settlement, which was approved on Tuesday by a Federal District Court judge in Sacramento. The sons will receive just under $900,000 each once lawyer fees are deducted from the settlement.

The settlement came after negotiations between Sacramento and Mr. Clark’s family, which had filed a $20 million wrongful-death lawsuit in January against the city and the two officers involved in the shooting, which occurred in the backyard of Mr. Clark’s grandparents.

Tanya Faison, a founder of Black Lives Matter Sacramento, said the settlement was revealing.

I think it is a pretty clear sign of guilt when the City of Sacramento settles on a $2.4 million dollar lawsuit with Stephon Clark’s children,” Ms. Faison said in an email. “How many more Stephon Clarks do we have to have before our police department starts holding officers accountable instead of settling a lawsuit and calling it ‘justice’?”

Sacramento officials said they wanted to avoid protracted and costly litigation of defending the city in the Clark family’s wrongful-death lawsuit.

the city passed an emergency order in April 2018 requiring police officers to keep their body cameras and audio recording equipment activated in all cases, except for narrowly defined circumstances.

In July 2018, the Police Department adopted a new policy that requires officers to assess both the danger to themselves and the public when pursuing a suspect on foot, as well as the importance of apprehending the suspect.

...

a law was signed by Gov. Gavin Newsom in August requiring that the police use deadly force only “when necessary in defense of human life.” The law previously allowed for the use of deadly force when “reasonable” (Vigdor 1-3).


Works cited:

Hauser, Christine. “Sacramento Man Fatally Shot by the Police in His Backyard.” The New York Times, March 21, 2018. Net. https://www.nytimes.com/2018/03/21/us/stephon-clark-police-shooting.html?action=click&module=RelatedCoverage&pgtype=Article&region=Footer

Karimi, Faith. “Officers Who Killed Stephon Clark Reveal New Details about the Night He Died.” CNN, updated March 9, 2019. Net. https://www.cnn.com/2019/03/07/us/sacramento-stephon-clark-shooting

Kempa, David. Stephon Clark: Police Officers Who Shot Man Eight Times Will Not Be Charged.” The Guardian, March 2, 2019. Net. https://www.theguardian.com/us-news/2019/mar/02/stephon-clark-police-officers-no-charges

Koetti, Christoph. “What We Learned from the Videos of Stephon Clark Being Killed by Police.” The New York Times, June 7, 2018. Net. https://www.nytimes.com/2018/06/07/us/police-shooting-stephon-clark.html?action=click&module=RelatedCoverage&pgtype=Article&region=Footer

Mansell, William. “Officers Who Killed Stephon Clark Won't Face Federal Civil Rights Charges.” ABC News, September 27, 2019. Net. https://abcnews.go.com/US/officers-killed-stephon-clark-face-federal-civil-rights/story?id=65901923

Vigdor, Neil. “Stephon Clark’s Sons Reach $2.4 Million Settlement over Police Killing.” The New York Times, October 10, 2019. Net. https://www.nytimes.com/2019/10/10/us/stephon-clark-shooting-settlement.html