He stopped caring today. It was the end of his shift. He was taking off his Sam Browne, keepers,cuffs, and duty weapon and placing them in his locker. Just like he has done for decades. After the belt, came the uniform shirt, his ballistic vest, pants and duty boots. All neatly hung. He thought he could get another day out of the uniform. The dry cleaners raised their prices again and he has not had a raise in about four years, so things are really getting tight. He thought back all those years when he first put that uniform on, how proud he had been. To be joining the ranks of an honorable profession which almost all people held in high esteem. It seemed to him that things have really changed.
He could not put his finger on just when things changed. Oh, he was immune from the rich woman speeding through the residential neighborhood and, when she figured out her flirting wasn't going to get her out of a ticket, she started calling him a stupid cop,and worse. He thought it might have been the domestic incidents where he is met at the door by the wife with a blackened eye and a cut lip, with the husband screaming at her as he walked up. He took the husband into custody, and had to fight off the battered wife when he went to place the husband under arrest. It was at this point she started calling him names. He was used to this, he thought. Maybe it was the countless times he learned about thirty minutes before end of shift he had to hold over for at least a half of the next shift due to staffing shortages. He really did not mind. The overtime was helpful since the insurance did not really cover his sons braces he needed every six months.
He learned long ago that the people who promote up through the ranks are not always good leaders. They're just good at promoting. Then, once they achieve rank, they frequently seem to believe they got there because they are smarter than everyone else and are God's gift to police work. But, that didn't stop him. He was there to make a difference. He cared because he believed people needed him and those like him. He believed he had the respect of the community. Oh, he knew there were those that criticized law enforcement. They didn't have much traction, he thought, from the good people of his city. The complainers always expressed their belief the knew more about doing his job than he did and that all these problems would just go away if the stupid cops would just listen. But today was different.
Today he really started to come to the realization that there were many in government and the world that believed what he did for a living was fundamentally corrupt. There was the city counsel or county supervisor who expressed rather directly he or she did not trust their policing agency. Then there were the local citizens who voiced the same opinions. He got a radio call concerning a juvenile problem today. When he got there, mom said she called because her son would not do his homework, and she wanted him to tell the son he would take him to jail if he didn't get his work done. The boy cried and ran in fear of him. Today, like many days before, a young minority male yelled "crooked pig" when he drove by. He started to really think he had lost the respect of the community. How much more of this crap could anyone take?. The citizens seemed to not care, he started to really believe.
So today, at the end of the shift, he was really demoralized. He put is gear away. Changed clothes, and got ready to go home. He knew this would pass, or at least he sure hoped it would. He loved the job, or did, he thought. He pretty much knew when he came in tomorrow, he would be fine. He was not ready to walk away, he thought....not yet. He knew for now, at least, some people respected the job and his effort to help. He hoped these depressing thoughts would pass, they had always done so before. And as he sat in the locker room thinking, he started to care again. He really did, and he hoped he always would. He was an American Cop, and he knew in his soul, he always would be.
Tuesday, November 25, 2014
Monday, November 17, 2014
Ferguson, MO.
As of today, the only people who know what the county grand jury has ruled are the members, and probably the presiding judge of that county. I have been hearing commentators and talk show hosts speculate about what is going to be the outcome. Even some, with law enforcement training,however old and stale, are saying they will be "surprised if Officer Moore is not indicted". They add that a jury should decide at a trial, apparently irrespective of what the evidence presented to the grand jury showed.
None of us really know what that evidence is. There have been "leaks" regarding the autopsy report, what eight or so black eye witnesses testified, and so on. We don't know....no one outside that aforementioned small group of people can know as of today. I believe most of those making comments currently have a limited and / or biased view of the law and have no basis to know what happened.
What is the role of a grand jury?
Sitting as reviewers of the facts, county grand juries determine only one thing. Based on what is presented to them, they determine whether probable cause exists to show that a crime has been committed and who, if anyone committed a crime. A showing of probable cause is a very light threshold. Probable cause is simply a determination that, based on the facts, would a reasonable and objective person believe a crime has been committed. And, they also review whether or not there exists a defense to those charges.
Self defense is probably the oldest defense recognized by law. This defense goes back to England a thousand or more years ago. The defense came to this country with the settling of the new world and has been codified in each state and the federal courts. So lets look at what we do know. We know that events bringing a young black man in contact with a police officer occurred in Ferguson, MO. We know that he did not have any weapons other than his size and his fists. We know that a white police officer shot and killed him. That is about all we actually know at this time.
We believe the grand jury heard testimony from many, many witnesses, and we believe these included people who actually witnessed the shooting, and the seconds leading up to it. While we do not know yet if it is true that this young man had injured the officer and tried to take his gun initially; that he backed off and then, seconds later charged the allegedly injured officer causing the officer to fear for his life causing the officer to employ deadly force to stop the threat, we will. Lets assume for argument, the above is true and found to be so by the grand jury. If so, then the officer may have feared he might die unless he took steps to defend himself. That said, that is not enough alone to say this officer was justified in using deadly force to defend himself. The other part of the equation is the question of whether the officers use of force was objectively reasonable. Put another way, would a reasonable person in this officers shoes at that moment be reasonable to conclude self defense is required to save himself or another from death or serious bodily injury.
If so, then the reasonable use of self defense is a complete defense to a criminal charge, and, if that is what the evidence showed the grand jury, then the grand jury would be just in concluding this officer committed no crime. But, some say, the young man was UNARMED!!!!. Well, he may not have had a knife or a gun, but his size, strength, and motivation to do harm to this officer is a very deadly weapon. If the evidence shows this young man fought with the officer and almost took his gun away, coupled with (if shown by the facts) he was charging the officer at the time shots were fired, the result is a deadly threat. Some may say the officer should have backed off, left the area to avoid making an arrest, or have a second confrontation. This is not what this cops job was to simply leave. Most states, including California, state in the penal code that a law enforcement officer is not required to retreat and, indeed, I submit to you, have a legal obligation to not retreat in his or her enforcement of the law. So, where are we?.
This is just speculation. None of us know, yet, what happened that afternoon in Ferguson. Maybe we will when the grand jury's findings are released later this week or next. Just keep an open mind. Apply a little legal knowledge to the facts as they may be. Remember that self defense requires two parts. 1. Subjective fear of death or serious injury, and 2. Facts that show that fear is objectively reasonable. If #1 and #2 are found by the grand jury, then they will have done their duty to not indict. It would be easy to throw an indictment out there and make some trial jury decided...pass the buck....ignore their oath....Lets hope, whatever the outcome of the grand jury proceedings are, that cool and reasoned thought prevails. Somehow, I doubt that will happen.
None of us really know what that evidence is. There have been "leaks" regarding the autopsy report, what eight or so black eye witnesses testified, and so on. We don't know....no one outside that aforementioned small group of people can know as of today. I believe most of those making comments currently have a limited and / or biased view of the law and have no basis to know what happened.
What is the role of a grand jury?
Sitting as reviewers of the facts, county grand juries determine only one thing. Based on what is presented to them, they determine whether probable cause exists to show that a crime has been committed and who, if anyone committed a crime. A showing of probable cause is a very light threshold. Probable cause is simply a determination that, based on the facts, would a reasonable and objective person believe a crime has been committed. And, they also review whether or not there exists a defense to those charges.
Self defense is probably the oldest defense recognized by law. This defense goes back to England a thousand or more years ago. The defense came to this country with the settling of the new world and has been codified in each state and the federal courts. So lets look at what we do know. We know that events bringing a young black man in contact with a police officer occurred in Ferguson, MO. We know that he did not have any weapons other than his size and his fists. We know that a white police officer shot and killed him. That is about all we actually know at this time.
We believe the grand jury heard testimony from many, many witnesses, and we believe these included people who actually witnessed the shooting, and the seconds leading up to it. While we do not know yet if it is true that this young man had injured the officer and tried to take his gun initially; that he backed off and then, seconds later charged the allegedly injured officer causing the officer to fear for his life causing the officer to employ deadly force to stop the threat, we will. Lets assume for argument, the above is true and found to be so by the grand jury. If so, then the officer may have feared he might die unless he took steps to defend himself. That said, that is not enough alone to say this officer was justified in using deadly force to defend himself. The other part of the equation is the question of whether the officers use of force was objectively reasonable. Put another way, would a reasonable person in this officers shoes at that moment be reasonable to conclude self defense is required to save himself or another from death or serious bodily injury.
If so, then the reasonable use of self defense is a complete defense to a criminal charge, and, if that is what the evidence showed the grand jury, then the grand jury would be just in concluding this officer committed no crime. But, some say, the young man was UNARMED!!!!. Well, he may not have had a knife or a gun, but his size, strength, and motivation to do harm to this officer is a very deadly weapon. If the evidence shows this young man fought with the officer and almost took his gun away, coupled with (if shown by the facts) he was charging the officer at the time shots were fired, the result is a deadly threat. Some may say the officer should have backed off, left the area to avoid making an arrest, or have a second confrontation. This is not what this cops job was to simply leave. Most states, including California, state in the penal code that a law enforcement officer is not required to retreat and, indeed, I submit to you, have a legal obligation to not retreat in his or her enforcement of the law. So, where are we?.
This is just speculation. None of us know, yet, what happened that afternoon in Ferguson. Maybe we will when the grand jury's findings are released later this week or next. Just keep an open mind. Apply a little legal knowledge to the facts as they may be. Remember that self defense requires two parts. 1. Subjective fear of death or serious injury, and 2. Facts that show that fear is objectively reasonable. If #1 and #2 are found by the grand jury, then they will have done their duty to not indict. It would be easy to throw an indictment out there and make some trial jury decided...pass the buck....ignore their oath....Lets hope, whatever the outcome of the grand jury proceedings are, that cool and reasoned thought prevails. Somehow, I doubt that will happen.
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