Analysis of High-Profile Use of Force & Other Cases

September 9, 2020 Original publish date.
September 15, 2020 Update: Breonna Taylor civil settlement.
September 23, 2020 Update: Breonna Taylor officer indictment/ warrant details.
September 26, 2020 Update: Breonna Taylor clarifications & updates.
October 2, 2020 Update: Breonna Taylor Grand Jury Tapes / updates.

written by Net Advisor™

EXCERPT: We reviewed 15 high-profile, officer-involved shootings in alphabetical order by first name. We also reviewed four additional high profile cases. We spent over two months of research reviewing 1,536 files (1.275 GB) to date on just this topic. We have highlighted key data here.

We independently looked at the known facts, toxicology reports, criminal and civil cases, and any public videos of the incidents. We also provided actual legal outcomes, independent analysis, and suggestions for prevention to reduce future unnecessary risks.

Keep in mind that a video does not always capture everything like a Hollywood movie. A video does not stop from viewing one person; then move to another person’s view; flip to a wide-angle and multi-angle view, then back to a single person’s view again. A video is one part, sometimes a very important part, but not the only evidence in a court trial.

We then looked to see any common themes in these shootings. Finally, we also looked at officers killed in the line of duty, including officers killed by unarmed subjects, all in this 41-page report (including photos and graphics).

A. Officer-Involved Shootings.

The highest number officer-involved fatal shootings from 2009-2020 occurred during 2012 (609 shooting); 2014 (634 shootings); and in 2015 (848 shootings).

These officer-involved fatal shootings declined in 2016 (201); and 2017 (139). There was a spike in fatal shootings in 2018 (403), but has since dropped dramatically in 2019 (147). Through June 25, 2020 there have been 73 fatal shootings (Source).

~ To Quickly Jump to a Specific Report, Select Link ~

(or just scroll down to view all in order by first name).

A. Officer-Involved Shootings.
[1] Alton Sterling
[2] Antonio Martin
[3] Atatiana Jefferson
[4] Breonna Taylor
[5] Damroy “DJ” Henry Jr.
[6] Deon Kay
[7] Ezell Ford
[8] Jacob Blake
[9] Korryn Gains
[10] Laquan McDonald
[11] Michael Brown
[12] Philando Castile
[13] Rayshard Brooks
[14] Terrence Crutcher
[15] Tyrone Harris Jr.

B. Non-Officer-Involved or Officer-Related Deaths.
[1] Daniel Prude
[2] George Floyd
[3] Sandra Bland
[4] Trayvon Martin

C. Are There Common Themes in These Shootings?
[1] End of Watch: Officers Killed in the Line of Duty.
[2] Police Killed by Unarmed Subjects.
[3] Is U.S. Police Brutality a Real Problem?
[4] Racial Division – Who is Doing It?

     …

[1] Alton Sterling (Louisiana).

• Date: July 5, 2016.
• Background: Police responded to citizen report(s) of a man in a red shirt selling CD music; who reportedly threatened a citizen, and brandished a hand gun outside a convenience store.
• Officers identified the subject matching the description of the call. Knowing a firearm was brandished and threatened a citizen, officers attempted to get the subject (later identified as Alton Sterling) on the ground. Sterling, a huge man, tall and wide, greater than either of the officers, used his body-weight and size to resist being taken to the ground.
• Then, both officers moved away from Sterling and a Taser deployed at Sterling. The Taser had no effect. Next, one of the officers sought to tackle Sterling to the ground. Sterling continued to struggle with officers (resisting arrest). Police claim that Sterling was reaching for his pocket which contained a gun. Sterling was then shot and killed by one of the officers. Police found that Sterling’s gun was loaded.
• Toxicology Report: Toxicologists found a “dangerous” amount of controlled substances in Sterling’s body. “Blood and urine tests revealed among those substances were various levels of alcohol, caffeine, amphetamines, methamphetamine, cocaine, opiates, and several forms of THC, which is the active ingredient in marijuana.”
• Legal Review: Shooting independently reviewed by the Mayor, separately the police chief, the State Attorney General, and U.S. Department of Justice, including the FBI.
• Legal Outcome: Lawful use of force. Baton Rouge police officers cleared.
• Civil Claim(s): Pending, tentatively Mar. 1, 2021.
• Our Analysis: Officers initially appeared to be heavy handed with Sterling. There was a citizen report matching Sterling’s description of a ‘man with a gun.’ Sterling was a formidable force given his height and body size greater than the either officer. Sterling however resisted arrest, repeatedly struggled with officers, and did not follow lawful commands. A Taster was used on Sterling by one of the officers. The Taser had no success. While struggling with police, Sterling reportedly reached for a .38 caliber hand-gun in his pocket, and was subsequently shot multiple times by police, killing Sterling. Although Mr. Sterling had a criminal past (below), officers generally do not always know the name of the subject or any past history from a citizen call.
• One problem with Tasers is that they don’t always work. In Los Angeles, a study found that Tasers were only effective 53% of the time in 2015. A large person, especially on heavy narcotics may not even feel anything.
• Sterling was a felon with a 20-year criminal history including domestic violence, assault, battery, public intimidation, theft, resisting an officer, multiple drug possessions, unlawful possession of a firearm, and twice failing to register as a sex officer (graphic below).
• Louisiana requires a permit for a concealed hand-gun [§ 1379.3].
• Under federal law, Sterling would be prohibited from owning or possessing a firearm due to his prior domestic violence [USC § 922(g)(9)]. Those subject to domestic violence convictions are also required by law in Louisiana to turn over all firearms and ammo.
• Prevention: Had Sterling complied with the officer’s commands, not resisted, and not apparently reached for his (illegally possessed) gun, he should have lived that day. The heavy use of active narcotics may have also played a role in Sterling’s behavior.
• In an unrelated incident, Sterling’s son, 18 was arrested and charged in December 2018 with unlawful sex act on an 8 year-old boy he was babysitting.

[Return to Topics]
[Page Top]

[2] Antonio Martin (Missouri).

• Date: Dec. 23, 2014.
  
• Background: Police responded to citizen report(s) of two men allegedly shoplifting at a convenience store. One officer arrived on scene, and was able to identity the subject by the citizen description given to police dispatch.
• Multiple citizens witnessed subject, later identified as Antonio Martin, drew a gun at the arriving police officer. Officer shot at Martin before Martin could fire at the officer. Police recovered a 9mm pistol, holding five rounds with one live round (already chambered, meaning ready to fire). The other subject fled on foot, and to our knowledge has yet to be caught. Martin did not survive the shooting.
• Toxicology Report: N/A or none performed.
• Legal Review: A prosecutor was assigned to the case. No further evidence of wrong doing found to date by the officer.
• Legal Outcome: Lawful use of force.
• Civil Claim(s): None.
• Our Analysis: Martin was a felon with illegal possession of a firearm (a felony). Martin reportedly committed theft in the convenience store. Drawing a firearm on an officer is not likely going to end well for someone.
• Prevention: Mr. Martin had three prior armed assaults on record since he was 17. He choose a life of crime with the use of firearms. Better personal choices could have led to a better outcome.

[Return to Topics]
[Page Top]

[3] Atatiana Jefferson (Texas).

• Date: Oct. 12, 2019.
• Background: Police responded to a neighbor’s call. The neighbor was concerned about Atatiana Jefferson’s front door open about 2:30 in the morning (local time). Responding officer checked the perimeter of the house.
• Ms. Jefferson reportedly heard a noise in the backyard, took a gun out from her purse, and aimed it at the window.
• Officer shouted, “Show me your hands” to the subject (Jefferson) who was still aiming her gun through the window. Officer fired through the window, killing Jefferson. Officers and emergency medical tried to revive Jefferson but were unsuccessful.
• Toxicology Report: N/A or none performed.
• Legal Review: A Grand Jury found evidence was sufficient to clearly indict the officer for murder.
• Legal Outcome: TBA. Prosecution deems unlawful use of force. Criminal trial pending as of date of this report.
• Civil Claim(s): A GoFundMe Account was set up after the incident and has thus far raised $258,354 of $250,000 sought. A civil claim is likely to follow the outcome of the criminal trial.
• Our Analysis: The officer failed to identify himself as a ‘police officer.’ It can be assumed that Jefferson thought that she could have a prowler on her property, and may have felt possible risk of danger. One should exercise high caution if point a gun at an unknown person in darkness.
• Prevention: The officer could have called dispatch and ring the phone of the residence and see if there is an answer. Ms. Jefferson had a legal right to arm herself for self-protection in her home. Jefferson should have also called 9-1-1 to report a possible prowler on her property (mistakenly, the officer).
• When calling 9-1-1, one should advise police dispatch whether you have armed yourself, and advise what kind of weapon you have. Police dispatch could have then advised Jefferson that an officer was on scene.
• Dispatch would have simultaneously radioed the officer that the resident was inside the home and armed; and advised the citizen the officer was in the backyard.
• There were multiple breakdowns in police procedure and citizen disclosure. However, the brunt of the failure in this case was on the police officer for failing to identify himself as a police officer. Fort Worth, Texas is a higher crime area. One should have their doors closed at locked especially overnight.

[Return to Topics]
[Page Top]

[4] Breonna Taylor (Kentucky).

• Date: March 13, 2020.
• Background: Originally we reported Sept. 9, 2020 based on what was known at that time. We said, “Three police officers in street clothes were serving a “no-knock” search warrant for narcotics at the apartment where Taylor was also residing.”
• UPDATE: 2020-09-23: After reviewing further evidence in the case, Kentucky Attorney General Daniel Cameron (who is Black for those who need to know) stated (video) that police “knocked and announced” (identified themselves as police). Thus the previous media reports including by AP, and Louisville Courier Journal, that said the search conducted was a “no knock” is FALSE.
• Ms. Taylor was not the target of the warrant but rather Mr. Jamarcus Glover and Mr. Adrian Walker. Glover apparently had a previous relationship with Taylor, and Walker was Taylor’s current boyfriend.
• Glover was a suspected drug trafficker, and police claim drugs had been received at Taylor’s residence. Police previously knew that Taylor’s vehicle (from DMV records) was parked in front of a known ‘drug house’ where Glover had been seen entering. Walker had a license to carry a (concealed) firearm.
• Police reportedly used a battering ram to enter the apartment. Walker stated he thought the police were intruders and so he started firing his gun (at police), who returned fire.
• Ms. Taylor took multiple (inadvertent/ collateral) hits from gun fire.
• A police Sargent was shot by Walker.
• Ms. Taylor and Mr. Walker had no prior records. Mr. Glover was arrested that night for “trafficking and firearm offenses.”
• Toxicology Report: N/A. Autopsy not released to the public as of current update to this report.
• Legal Review: TBA. The FBI is also looking into this case.
• UPDATE 2020-09-23: A grand jury indicted former Louisville police officer with “first-degree wanton endangerment.” No other officers charged. Kentucky State Attorney General said that the other two officers’ use of force was justified due to the fact Brianna Taylor’s boyfriend initiated gun fire at the other two officers. The former officer charge was due to blindly firing his weapon after being fired upon.
• Legal Outcome: TBA.
• Civil Claim(s): UPDATE 9-15-2020: Louisville Mayor Gregg Fischer (D), announced civil lawsuit settlement of $12 Million with Taylor’s family. The criminal case has yet to be heard. Settling a civil claim is not evidence in any criminal complaint.
• Our Analysis: Louisville, KY crime index is ranked within the top 10 most dangerous cities in the USA. Only a Judge having jurisdiction, and after hearing and seeing legal evidence can authorize any warrant in writing. Police by-themselves, have no legal authority to issue warrants.
• ‘No knock warrants’ are more likely to be used when drug trafficking and or when firearms are associated with any known parties of a residence; including those seen entering or exiting a residence. As we now know (9-23-2020), in this case, this was NOT executed as a “no knock” warrant.
• We don’t know why officers were not in marked uniforms. Normally, we see a dozen or so officers with heavy tactical gear serving drug and firearm warrants.
• In an unrelated case in Aug. 2020; police in Nevada attempted to apprehend a subject. A Taser was deployed, missed the subject and inadvertently hit an officer in the knee. The apparent Taser shock caused the officer to inadvertently discharge his firearm which accidentally hit the subject. The one officer who fired the Taser, likely didn’t intend to hit the other officer. The officer who was hit with the Taser, didn’t intent to shoot anyone, but something happened that caused a reaction.
• When there is gunfire between a subject and officers, bullets fly at rapid velocity, and bullets will hit something. It appears, Ms. Taylor was unfortunately and inadvertently hit by the crossfire.
• No drugs were found in the apartment at the time of incident.
• However, in August 2020, Mr. Glover was arrested again, this time for numerous drug offense(s): “Possession of a controlled substance for cocaine and heroin, complicity trafficking in marijuana, complicity tampering with physical evidence and complicity to trafficking cocaine.”
• 2020-09-23 UPDATE: The Kentucky ACLU who are supposed to be made of lawyers stoked racist rhetoric by stating, “Once again, a prosecutor has refused to hold law enforcement accountable for killing a young Black woman. Breonna Taylor should still be alive today.” The ACLU legally erred in their statement as there was no evidence that police intended to shoot Taylor; that Taylor’s boyfriend initiated gun fire at police, thus police acted in self-defense. It is irresponsible to think that police can be shot at, especially during a lawfully executed drug warrant, and expect police not fire back to stop the shooter. Unfortunately, Taylor got caught in the crossfire. Had Taylor’s boyfriend not shot at police, she would have been alive today.
• 2020-09-26 UPDATE: Attorney for Taylor’s family requested that the KY State AG release the Grand Jury transcripts. This is not going to happen as a matter of law, and here is why. First, a grand jury is not made up of elected or unelected government officials, not by police or anyone involved in the case. A grand jury is separate from a court or judge; and is made up of 16-23 citizens [Fed. R. Crim. Rule 6 (a)(1)]. While the grand jury is in session, government attorneys, witnesses and limited others may be present [Rule 6 (d)(1)].
• All grand jury discussions (Deliberations and Voting) are done in secret, away from prosecutors, defense attorneys, judge, police, etc., [Rule 6 (d)(2)].
• It is unlawful (a crime) for a grand jury, interpreter, court reporter, an operator of a recording device, transcription person, government attorney, or anyone named under Rule 6(e)(3)(A)(ii) or (iii) to disclose ANY matter that occurred before a grand jury [Rule 6 (2)(B) seq.]; except to authorized officials in the matter under [Rule 6 (3)(A) seq.]
• The records of a grand jury are required to be sealed under law unless the grand jury moves for an indictment under [Rule 6 (e)(4)]; and whereas no less than 12 of the 16-23 jurors must concur for an indictment [Rule 6 (f)].
• Any disclosure, release of (grand jury transcriptions, etc.,) by ANY Person is a crime. Thus in this case, if an attorney general as requested by Taylor’s family/ attorney actually complied and released the grand jury information to the public, or even privately to anyone, the attorney general would be committing a crime [Rule 6 (e)(7)]. Every trial lawyer knows this. So, the lawyer/ family are just trying to stir up controversy when the law has been on the books for decades, and upheld by the U.S. Supreme Court.
• 2020-10-02 UPDATE: In a surprising “rare move,” a court permitted the release of Grand Jury audio tapes. The motion was done at the request of a Grand Jury member. The tapes include testimony where an officer is heard that police attempted to knock on the door multiple times up to two minuets (PDF) with no response from anyone inside the residence. A neighbor (witness) heard the knocking, confronted police, and told police to ‘leave her alone.’ This further dispels the notion that police did in fact attempted to make multiple contacts before breaking in. For those not trusting the police, the neighbor witness also dispels the false claim that the warrant was served as a “no knock.”
• Prevention: Living in a high crime area, increases the risk of one becoming a victim of crime or violence. Clearly, local government should be better addressing the crime issues.
• This entire incident could have been avoided if Taylor had not got involved with an alleged drug trafficker. If one hangs around with people who deal in drugs and possess firearm(s), there will always be a good chance that violence will occur at some-point: Either by rival traffickers, gangs, drug buyers looking to rip off the drug dealer or in a shoot-out with police.
• 2020-09-26 UPDATE: It has been recently discovered (PDF) that Taylor rented a car in 2016. In that rented vehicle a man was found shot to death, six times, with drugs in the car. Taylor was reportedly not involved and not a subject in the case. It was not reported that the car was stolen. A man was arrested and charged in 2017 for that homicide. According to public records, that man is a convicted felon with multiple prior felonies including gun and drug charges. We’re not sure why that at least two of Taylor’s apparent (now former) ‘associates’ have been tied to drug crimes.
• It has been falsely reported mostly by social media that Taylor was “asleep in bed” at the time of her death. She and her boyfriend, Walker, got up out of bed, were in the hallway when police announced and entered the residence. Taylor’s boyfriend, Walker shot and injured one officer. Other officers returned fire and Taylor unfortunately was the one who got hit.  [8 Myths in Breonna Taylor case.]
• Louisville Metro City Council has since banned no-knock warrants. Unfortunately, this now provides armed criminals a tactical advantage over police in the city, by giving criminals time to react when served with a warrant.
• Additional credits: sources.

[Return to Topics]
[Page Top]

[5] Damroy “DJ” Henry Jr. (New York).

• Date: October 17, 2010.
  
• Background: Damroy Henry Jr. “DJ” was a student and football player at privately-ran Pace University in New York.
• Citizen calls were made to police on or about 1:19 AM (local time) to report a “disturbance” (brawl or fight) at a restaurant/ bar in New York. Some 50 officers eventually arrived on scene.
• According to CNN’s report, “Officers were breaking up fights, police said, when “a vehicle parked in the fire lane” accelerated. A police officer tried to stop the accelerating vehicle. The vehicle’s mirror struck the officer, and the officer “ended up on the hood.”
• After being struck twice, the (uniformed) officer on the hood fired shots at the driver, but the vehicle continued in the fire lane in the direction of another (uniformed) officer. The same vehicle sideswiped a marked police cruiser, and a second officer fired at the vehicle’s driver. The driver was killed. The driver of the said vehicle was later identified as Damroy “DJ” Henry Jr.
• Toxicology Report: Toxicologists found that DJ was highly intoxicated with a blood-alcohol level of 0.13, nearly twice the legal limit. In NY State, intoxication at .08 or higher is unlawful to operate a motor vehicle.
• Legal Review: A criminal case was brought before a Grand Jury, who found “no reasonable cause” to indict the officers.
• Legal Outcome: Lawful use of force.
• Civil Claim(s): In 2011, DJ’s parents filed a wrongful death lawsuit in civil court. The Village of Pleasantville offered to settle the case for $6 Million (cash). The family accepted the money. A settlement in a civil suit does not equate anyone was guilty of anything. That occurs only in a criminal trial.
• Our Analysis: Although a very tragic event, for whatever reason, DJ decided to take his parked vehicle and began accelerating it, striking a police officer. This action is considered assault with a deadly weapon in all 50 states. The weapon is the vehicle, which has the ability to kill a person.
• With the vehicle continuing to accelerate, [not stopping after hitting a person (a felony)]; DJ continued to accelerate vehicle toward the direction of another officer. This shows further intent of imminent death or severe bodily harm to BOTH to the existing person (officer) struck by the vehicle, and to a second person who happened to be a police officer. Officer(s) had no choice but to stop the driver’s actions.
• Prevention: Clearly, everyone knows drinking and driving is a risky decision. Alcohol impairs one’s judgement. Even if an intoxicated driver struck a person, they are legally required to stop, not flee the scene. Accelerating a vehicle that stuck one person, and driving in-line that risks striking a 2nd person, especially when both were law-enforcement; they are going to use lethal force to prevent their own deaths from the driver’s actions. There are numerous cases and videos on-line where officers used lethal force when a driver struck or attempted to hit officers with a motor vehicle.

[Return to Topics]
[Page Top]

[6] Deon Kay (Washington, DC).

• Date: September 2, 2020.
  
• Background: Uniformed officers responded to a citizen report of a man with a gun. According to an initial report, there were three subjects in and around a civilian vehicle.
• Deon Kay, 18, fled on foot. Officer pursued. At one point officer and Kay face off. Kay still had a gun in his right hand (image 2). Officer had about a second to respond to the threat and used lethal force to stop the threat. Medical aid was rendered but no success.
• The other two subjects with Deon Kay, (Marcyelle Smith, 19, and Deonte Brown, 18) both had (illegal) firearms; and both arrested and charged without further incident.
• Toxicology Report: TBA
• Legal Review: TBA. Under current legal review.
• Legal Outcome: TBA
• Civil Claim(s): TBA
• Our Analysis: DC Police pursued Mr. Kay running away with a gun. At one point, officer catches up and it appears Kay turns toward the officer, with gun clearly in Kay’s right hand. Officer fired once at subject. Kay did NOT drop, NOR toss the gun, NOR attempt to surrender.
• Mr. Kay could have done any of those options when police attempted to stop him on initial contact. Fleeing law-enforcement with a gun, and facing an officer with a gun, it’s a matter of who shoots first. Further investigation will ultimately determine outcome. Based on the video alone, it appears to be a justified shooting.
• Prevention: Under DC law, the minimum age to own handgun: 21 years or older (restrictions).
• Carry firearm in vehicle? Illegal (DC § 22-4504.02 seq.)
• Open carry firearm? Illegal. (DC § 22-4504 seq.)
• Concealed carry? Permit required (easier since 2018) (DC § 22-4504 seq.)
• This death could have been prevented at this time by not carrying an illegal firearm in the first place, and surrendered like the other two associates did who also had firearms, and whom did not motion their (illegal) guns toward an officer. There was one media report that claimed Kay had mental health issues. If true, under federal law, it is unlawful for a mentally ill person to own or possess a firearm [18 USC § 922(d)].

[Return to Topics]
[Page Top]

[7] Ezell Ford (California).

• Date: August 11, 2014.
  
• Background: The officers involved in Ford’s shooting were both gang officers working in a known gang area. For those who need to know, one officer was Asian and the other, Latino.
• According to reports (43 pps details), Ford, age 25, spotted the officers, began to conceal his hands, and tried to hide between a car and bushes. One of the officers tried to reach Ford, but Ford managed to grab one of the officers, taking the officer to the ground.
• According to Officer Wampler, “(Ford) wrapped his arms around (officer) Wampler and drilled his head into Wampler’s belly – a tackle. Wampler dropped to his knees to control his fall. They hit the ground, with Wampler on top.” Ford reached for the officer’s side arm (gun). The other officer shot Ford twice (hitting Ford’s arm and side). The officer with his back on the ground, reached for his back up gun and shot Ford from his back.
• Ford’s family claimed their son wasn’t ‘resisting’ (or fighting) with the officers.
• Toxicology Report: N/A.
• Legal Review: Shooting independently reviewed by multiple parties and agencies. The ultimate use of force was deemed justified, but not immediately. It was also determined that officer Wampler violated Ford’s civil rights for unlawful detention. Tritobia Ford said she “agreed totally” with the Los Angeles Police Commission’s findings.
• Legal Outcome: (Ultimately) Lawful use of force. Los Angeles (D) district attorney said in a 28-page report that no charges would be filed against the officers; That Ford did knock one officer to the ground, tried to take his gun, and the officer defended himself from possibly being short with his own gun.
• Civil Claim(s): Ford’s family filed a $75 Million civil suit vs city of Los Angeles/ LAPD. That original suit was dismissed. The family then filed in state court, and in 2017 the City of Los Angles agreed to settle the suit for $1.5 million.
• Our Analysis: Ford’s family stated that their son had mental illness issues and was on medication. Ford, however was sane enough to roam the streets.
• At age 19 (2007) Ford was arrested for Minor In Possession (MIP) of a loaded firearm [CA PC § 25850]. An additional charge can be made if one is mentally ill [18 USC § 922(d)]. Ford also had prior charges of MIP of marijuana [CA HSC § 11357 seq.] with intent to sell [CA HSC § 11359 seq.]
• The drug charge was dropped to a misdemeanor and he served 90 days in jail for the gun charge(s).
• In 2008, Ford was shot in the leg during a gang shooting, and had prior conviction for (criminal) trespassing [CA PC § 602].
• Ford was of sound mind enough to know how to buy and sell drugs. He was of sound mind enough to know how to illegally acquire a firearm, and carried it (loaded) while selling those drugs.
• Some media like to claim that Ford was “unarmed.” This is false.
• A person is ‘armed’ when they use their body to fight. One’s arms, hands, legs, and body can become a weapon. Fighting with officers, especially on the ground is dangerous to all involved. Reaching for an officer’s gun is an action seeking to cause imminent death or severe bodily harm to one or more persons.
• Ford’s actions of assault, battery [CA PC § 242 seq.], at this point, resisting arrest [CA PC § 148 seq.]; (trying to take an officer’s gun), equals attempted murder with a deadly weapon on a peace officer [CA PC § 664/ § 187(a) seq.] This put the officer and Ford at risk.
• All Ford had to do was cooperate, not fight or reach for the officer’s gun, and he could be alive today.
• One of the officers did violate Ford’s civil rights for unlawful detention [CA PC § 2670]. If Ford cooperated (did not fight, reach for officer’s gun), and later filed a complaint, the officer would have been the one receiving departmental punishment, and could be sued.
• Prevention: Always best to cooperate (and act civilly) with law-enforcement.
• Since this case occurred California, here are general detention rules:
• If stopped, one can ask an officer, “Am I being detained?” The officer must verbally express to the effect of ‘yes’ or ‘no.’
• If yes, one can ask the officer (politely) “why am I being detained?”
• In lawful detention, one must stay until the officer completes reasonable query and state reason for detaining you.
• If officer says ‘no, you’re not being detained;’ then as long as one doesn’t suddenly do something stupid that gives an officer cause to start legal detention, one is free to walk away.
• One can ask the officer, “Am I free to leave?”
• The officer must clearly affirm to the effect of verbally stating ‘yes’ or ‘no.’
• If yes, then you are free to walk away.
• If the officer says no, then you are in detention and may not leave.
• If detention is later determined unlawful, the officer can be punished and or sued. Being stopped for say a traffic violation is lawful detention. (Technically being issued a citation is an arrest, and release). An officer checking on probation status is lawful detention.
• In some municipalities, known gang affiliation, being an ex-felon, acting suspiciously resulting from a citizen call; officer observes suspicious or possible illegal activity are examples of lawful detention. A recent crime in the area where one may match similar description could be cause for lawful detention. Check your state laws or see a criminal defense attorney.

[Return to Topics]
[Page Top]

[8] Jacob Blake (Wisconsin).

• Date: August 23, 2020.
  
• Background: Police responded to a “domestic incident” where Mr. Blake was allegedly breaking up a fight between two women.
• On a second released video Blake is seen “struggling” with officers (resisting arrest)(photo 1, photo 2). Blake was reportedly hit with a Taser twice, with no success to stop him from resisting. Blake then walks away from officers who are following him, (at least) one officer has his gun drawn.
• Blake appears to be carrying what is claimed to be a knife in his right hand, and officers reportedly shouted for Blake to drop the knife. Blake ignored the lawful command to drop the knife. Blake then moved to open his (driver’s side) vehicle car door, and appears to be reaching toward the floorboard area. At this time, an officer fires shots at Blake multiple times from behind, dropping Blake to the ground. Blake was rendered immediate aid by officers and helicopter transported to a hospital with high injury but still lives.
• Blake’s attorney claims Blake did not have a weapon in the car, but did not comment on the knife Blake reportedly had in hand. Despite Blake’s attorney apparent misstatement, Blake later ADMITTED to investigators that he did have a knife, and the weapon was recovered from the driver’s side floorboard.
• According to a report (P15), a person with (Jacob Blake’s) same exact name, age and home address, had an outstanding warrant for (1) criminal trespassing associated to a domestic violence case; (2) felony sexual assault; and (3) disorderly conduct associated to domestic violence. In a prior case with same identifiers, a police K-9 assisted a man-with-a-gun call at a bar. Subject was charged with felony resisting arrest (causing injury to an officer), unlawful possession of a concealed firearm, and additional charges for the same including while intoxicated. (Criminal Complaint) (Verified State Criminal Complaint).
• Toxicology Report: TBA
• Legal Review: TBA – Under Investigation.
• Legal Outcome: TBA – Multiple investigations pending by local district attorney Michael Graveley. WI Police department, WI Attorney General and the U.S. Dept. of Justice are all running investigations in this matter.
• Civil Claim(s): TBA
• Our Analysis: We agree it is definitely a disturbing incident. The case could go in many directions and there isn’t enough investigative data to come to legal conclusion at this point.
• Some evidence points negative toward Mr. Blake (knife wielding, resisting arrest, fleeing, reaching in vehicle for unknown reason). Officer’s normally treat this behavior as subject reaching for a weapon, many instances it’s a gun.
• Then there is the question whether shooting Blake was an excessive use of force or not. Given the said situation, a subject fleeing from an officer who already had a weapon, then moving toward their vehicle, attempting to enter vehicle, and appear to be reaching some something, may be seen as a use of force incident. Officer does not know if subject (Blake) with a knife could be now reaching for a gun. We’ll see how this goes.
• Prevention: Blake could have avoided being shot if he: (1) Was cooperative instead of physically combative when officers were on scene investigating the incident. (2) Put down weapon when he was told. – or – Don’t bring a knife (or any weapon) to a domestic incident. (3) Don’t flee from officers – walking away is fleeing. (4) Do not attempt to go toward or in a vehicle to either escape  – or – (5) Give the appearance of reaching for something (that could be perceived as a weapon such as a gun in the vehicle.

[Return to Topics]
[Page Top]

[9] Korryn Gains (Maryland).

• Date: August 1, 2016.
• Background: Baltimore police officers attempted to serve a court ordered arrest warrant for Ms. Korryn Shandawn Gaines, 23, and on a second person, Mr. Kareem Courtney (a prior convicted felon) at the same address. Gains was facing 5 (five) criminal counts, including: (1) Assault in the first degree, (2) Assault in the 2nd degree, obstruction/ hindering, and (3-5) three other charges related to resisting arrest. She faced a maximum of 41 years in prison if convicted on all charges (Warrant, p2). Gains was previously arrested in March 2016.
• Kareem Courtney was charged with assault in the second degree (for domestic violence).
• Officers attempted to make contact at the door. There was no answer at the door, but officers reportedly heard sounds inside. Officers got an apartment key from property management and attempted to gain entry to the unit. The door was still locked by a chain and forced entry. One of the officers was suddenly faced with a shotgun pointing at him. The shotgun was held by Gains, and she reportedly told the officer(s) to leave.
• Officer(s) left the apartment and called for backup. SWAT officers arrived on scene. The incident was treated as a barricade with child held hostage. Gains held the shotgun in one hand and her son of 5 years, in the other. Gains had been posting the events live on social media and threatened to kill anyone who came close to her. There were times when Gains, “spoke calmly, and others where she screamed and acted irrationally.” Officers were concerned about risks to the child from Gains’ unstable behavior. Looking through windows, at one point Gains raised the shotgun toward officers. Officer Ruby fired a single shot through the kitchen at Gains. Then gains fired the shotgun at the officers. Officers breached the apartment, gun fire was exchanged again, killing Gains. The 5 year old took a hit in the cheek by shrapnel and survived.
• Toxicology Report: N/A or none performed.
• Legal Review: Baltimore State Attorney General Scott Shellenberger announced no charges against the officer involved shooting.
• Legal Outcome: Lawful use of force.
• Civil Claim(s): Although the entire incident was caused by Gains’ prior and then current actions. In 2019, an all-female Baltimore jury award cash to multiple parties to some who were not even involved in the incident like candy on Halloween. Then 5 year old son got $32.85 Million plus medical expenses; $4.53 Million to Karsyn Courtney; $307,000 to Gain’ mother, $300,000 to Gains’ father, and $300,000 to Gains’ estate.
• On appeal, another judge overturned the previous jury’s payout as “excessive and shocks the conscience,” and dismissed the civil complaints against the officers. Yet, in July 2020, on appeal to another judge, re-instated the original jury’s (total) $38 Million award; claiming the “civil rights” were ‘violated’ of the 5 year old and so was Gains’ family who were not even involved in the incident.
• The son of Gains is supposed to receive $32 Million of the award. By law, the custodian(s) of Gains’ son can spend the money on behalf of the son, including buying themselves home(s), vehicle(s), and items of comfort for the son’s overall well-being.
• Our Analysis: Hopefully the custodians don’t blow all the money before the son hits 18. Clearly we see this as a justified shooting. It’s awful to see a wanted person place a child in a risk situation such as this. We would disagree with the jury award as excessive and unjustified. The child was not a target, and the officer did not intend to hurt the child. At best, covering medical expenses, pain and suffering for the child, there can be an argument there. But this is like a lottery ticket. The people who pay for all this, are the taxpaying citizens of Baltimore.
• Prevention: Do we still need to remind people not to pull a gun on a cop? Gains reportedly was mentally ill and had not been taking her medications. Recall, possession of a firearm is illegal under federal law for mentally ill persons [18 USC § 922(d)].
• How a mentally ill person was able to possess a firearm, and endangering a child is not clear.
• Additional sources, credit: Alison Knezevich, Kevin Rector, Jin Kim, Adam Marton, Emma Patti Harris and Kalani Gordon at The Baltimore Sun.

[Return to Topics]
[Page Top]

[10] Laquan McDonald (Illinois).

• Date: October 20, 2014.
• Background: Chicago Police were pursuing McDonald after McDonald reportedly slashed a tire on police vehicle. McDonald was seen holding a knife, modestly walking in the middle of the street.  He was well away from officers. Officer Van Dyke stated he felt McDonald came at him with that same knife and shot McDonald in self-defense.
• Police dash-cam video appeared to show that although McDonald was evading police and had a knife, McDonald was not holding the knife in a manner to appear as an ‘imminent threat’ to officer Van Dyke or to other officers on scene.
• Police dash-cam video clearly showed that McDonald was not lunging toward Officer Van Dyke.
• Six officer accounts, stated that McDonald waved the knife at officers in a threatening matter, but the video does not reflect this. Four additional officers were fired over the incident for an alleged cover-up (PDF).
• Toxicology Report: Toxicologists found McDonald had the “hallucinogenic drug” Phencyclidine (PCP) in the blood and urine; suggesting McDonald had used the drug sometime during that same day.
• Legal Outcome: Excessive use of force. In Oct. 2018, a jury of 12 (including seven white jury members) found Officer Van Dyke guilty of 16 counts including second-degree murder of Laquan McDonald. Van Dyke was found not guilty of official misconduct. Van Dyke was sentenced in Jan. 2019 to 81 months in prison.
• Civil Claim(s): A civil suit was filed by McDonald’s family who sought $16 Million, but settled for $5 Million. Attorneys also can do very well in these high-payout cases. Yes, these attorneys work for free, cover all costs which could be in the several $100,000 range, depending on the length of the claim. The attorneys get nothing if there is no settlement or jury award. Attorneys in this case received $1.8 Million or 40% of the total settlement.
• Our Analysis: McDonald did not appear to be an ‘imminent threat’ to any of the officers involved. We agree with the jury that this was an Unjustifiable shooting. Jury award probably justified in this case considering the lifetime of wages, interest, penalty assessments, that McDonald may have potentially, albeit hypothetically earned. Unfortunately, no amount of money will bring him back to life.
• Prevention: Laquan McDonald could have completely avoided the risk of unnecessary entanglement with law-enforcement by not slashing the tire(s) of a police cruiser; or openly carrying/ brandishing a weapon. McDonald could have avoided the use of controlled substances. McDonald did not deserve to be shot for his crime(s), but McDonald exercised poor judgement (as did the officers) and put himself in the position of unnecessary risk.
• Additional credits: CBS, CNN, Chicago Police Dash-Cam Video of the incident, and the Chicago Tribune.

[Return to Topics]
[Page Top]

[11] Michael Brown (Missouri).

• Date: August 9, 2014.
• Background: We published a more detailed report on this case in 2014. Please see report for full background.
• Toxicology Report: Toxicologists found THC (marijuana) in Mr. Brown’s system, sufficiently enough at his stature that this could be the reason why he did not feel much, if any pain from being shot multiple times.
• Legal Review: Shooting independently reviewed by Ferguson Police, an independent Grand Jury, the Obama Administration’s Department of Justice and others. See report, page bottom for case documents.
• Legal Outcome: Lawful use of force. Obama DOJ also clears officer.
• Civil Claim(s): Two civil lawsuits were filed. The first by the Brown family where district court judge threw-out four of seven counts in the lawsuit. The family eventually settled with the city of Ferguson. According to a report, the settlement could have been $1.5 Million.
• A second Brown family lawsuit claimed that the officer did not have probable cause to stop and contact Brown. This was a baseless claim and was subsequently dismissed and then again on appeal, the petition denied by the Eighth Circuit Court.
• Our Analysis: We concur this was a clear use of lethal force. The media also ran with a false narrative that Mr. Brown had his “hands up.” Faced with forensic evidence in trial, The Washington Post reluctantly conceded that Brown did NOT have his hands up; and he was NOT ‘shot from behind’ (falsely suggesting he was running away). These claims proven false by all investigation parties, including then President Obama’s own DOJ.
• The city should have fought the civil suit, but settled perhaps to save legal costs and time.
• Many of the cities where these incidents have occurred are ran by anti-police politicians; whom are more than happy to shell-out millions of dollars that is not theirs to stir up controversy. In this case, Ferguson tax payers ended up paying the bill.

 

“There is no witness who has stated that Brown had his hands up in surrender whose statement is otherwise consistent with the physical evidence…”

“…all of these statements are contradicted by the physical and forensic evidence, which also undermines the credibility of their accounts of other aspects of the incident, including their assertion that Brown had his hands up in a surrender position when Wilson shot him.”

— Obama Administration’s Dept. of Justice Findings (Report, p83).

 

• Prevention: Mr. Brown could have avoided using narcotics, as he was under the influence of marijuana. Brown could have not robbed a liquor-store, not fought with a law-enforcement officer; not attempted to take an officer’s gun; discharged an officer’s gun during a struggle; or turned around and intended to bum rush the officer. Brown could have surrendered at any time without incident. His actions caused his own death.
• Mayhem Funding: A number of these officer-involved shooting incidents resulted in riots, looting, arson and other crimes to innocent persons and property that had nothing to do with the Brown incident. According to reports (Daily Mail.UK and Washington Times), the Ferguson mayhem was funded in part by Billionaire Anti-American Anarchist, George Soros‘ entities.

[Return to Topics]
[Page Top]

[12] Philando Castile (Minnesota).

• Date: July 6, 2016.
• Background: Police pulled over a vehicle during a traffic stop. Philando Castile, 32, was the driver of the vehicle. He was with girlfriend Diamond Reynolds (passenger) and their child (rear seat passenger). From the view of the passenger, Ms. Reynolds live streamed the incident on Facebook. Mr. Castile at one point discloses that he has a firearm on his person. (From police dash cam video):
• Castile: “Sir, I have to tell you, I do have a firearm on me.”
• Officer: “OK. OK. Don’t reach for it then. – Don’t pull it out.”
• Castile: “I’m not pulling it out.”
• Officer: (shouting) “Don’t pull it out!” (Same time officer draws service weapon). Shots are then fired at Castile by the officer, resulting in Castile’s death.
• Ms. Reynolds claims that Castile was ‘reaching for his ID’ and not his gun. Then Reynolds states Castile was ‘reaching for his wallet’. It’s hard to say what was in the mind of Castile.
• In a subsequent interview, Ms. Reynolds claimed that police aren’t here to ‘protect us,” but rather here to “assassinate us.” The Minnesota governor ‘stirred the pot’ in front of TV cameras by claiming it was about ‘racism’ (ABC News video).
• Then President Obama became decisive and blamed “America” for the incident.
• Castile reportedly had a permit to carry a firearm. However MN State Law does not release this information to confirm or deny. The firearm was found in his ‘right front shorts pocket.’
• Toxicology Report: Castile had THC (marijuana) in his system at the time of the shooting.
• Legal Review: The officer was charged with manslaughter.
• Legal Outcome: A trial was held and after 27 hours of debate over five days, the jury of seven males and five females including “two people of color” unanimously (all 12) ruled the officer was not guilty, thereby determining it as a lawful use of force. Officer Yanez, 29, (male Hispanic) testified that he “feared for his life,” and thought Castile was reaching for his gun. The officer was extremely upset during trial, broke down crying over what had occurred; and said it was never his intent to hurt Castile. The officer was fired by the city over public outcry.
• Civil Claim(s): The parental family settled a civil suit for just under $3 Million. A separate lawsuit by Ms. Reynolds settled for $800,000 resulting mostly from a defamation suit. The settlement for Castile seemed a bit high as it would have been unlikely that he could have ever earned $3 Million for himself, or his parents over a lifetime working in a school cafeteria. We hope the child gets a large chunk of that and is well taken care of.
• Our Analysis: A very troubling and tragic video. The biggest issue is that Ms. Reynolds apparently did not capture exactly what Castile was doing with his hands that made the officer think Castile was reaching for his firearm. That kind of video evidence could have helped or hurt the case. We could not make a 100% determination without seeing what Castile was doing with his hands, which led to the shooting. All there is to go by is the evidence at trial, and legally, that is what counts, not opinion.
• Being under the influence of a controlled substance isn’t in-itself cause to be shot at; but it can impair one’s judgement when sharp focused judgement was necessary at the time.
• Prevention: There are greater legal responsibilities for those who own, carry or are permitted to conceal firearms. Many states require disclosure, and or the location of firearm(s) if stopped by law-enforcement. Minnesota only requires firearm disclosure if asked by law-enforcement.
• Driving under the influence of alcohol or in this case, marijuana is unlawful in Minnesota [§ 169A.20], and puts all passengers at risk, including the little girl.
• In MN, it is unlawful to carry a firearm while under the influence [§ 624.7142].
• A concealed firearm would not be issued to anyone who fails to disclose ANY use of (especially) non-prescription narcotics and can be subject to chemical testing [§ 624.7143]. We are not certain whether or not the marijuana in his system may have impaired any of his actions, even accidentally.
• None-the-less, Mr. Castile should not have used marijuana if he planned to operate a motor vehicle (endangering himself and others). Mr. Castile should not have carried his concealed firearm when recently smoking or consuming marijuana. Had Mr. Castile followed the law, and thought about safety, he would not have been in that predicament.
• Although we feel for Mr. Castile, and the shooting was tragic to view, we are unable to make a definitive opinion as we have not reviewed the entire case. One cannot judge what only part of what the video captured. The missing picture if you will was Reynolds not filming her boyfriend’s hands just before, and at the time of shooting. By law, ultimately a jury was agreed to by both sides; heard both sides of the case in court, and the jury made a ruling.
• We also discuss safety tips for those subject to a traffic stop who have firearm(s) on person or in vehicle [Report: Points 14 thru 15].

[Return to Topics]
[Page Top]

[13] Rayshard Brooks (Georgia).

• Date: June 12, 2020.
• Background: Police responded to a citizen call of man reportedly sleeping in his car while in line at a Wendy’s Drive-thru in Atlanta, GA. Police found a man shortly thereafter identified as Rayshard Brooks, passed out from being under the influence of alcohol while operating a motor vehicle. Brooks initially cooperated and took a breathalyzer with a blood-alcohol level of .108 (.08 is the legal limit in GA).
• At this point, Mr. Brooks is subject to arrest for DUI. When officers attempted to cuff (arrest) Brooks, he suddenly became uncooperative. Brooks began resisting arrest [O.C.G.A. § 16-10-24 (b)], became physically combative [O.C.G.A. § 16-5-20], wrestling with officers, and managed to take one of the officer’s Taser gun (Robbery) [O.C.G.A. § 16-8-40].
• The other officer fired his Taser trying to stop Brooks with no success.
• Brooks began fleeing. In a second video caught by a Wendy’s drive-thru security camera; Brooks is seen at one point turning around at a pursuing officer, and Brooks fires the officer’s Taser at the officer (Aggravated assault) [O.C.G.A. § 16-5-21].
• Brooks’ Taser missed the officer but in a split second action, the officer fires his service weapon at Brooks, striking Brooks, which ends the foot pursuit.
• Arsonist(s), – Domestic Terrorists [GA Code § 16-11-37 (2017) seq.] set fire to the Wendy’s restaurant late that night with riots [GA Code § 16-11-30 (2017)] and general disorder [GA Code § 16-11-33 (2017)], [GA Code § 16-11-39 (2017)], [GA Code § 16-11-43 (2017)], and looting (theft/shoplifting) [GA Code § 16-8-2 (2017)], [GA Code § 16-8-14 (2017) seq.] motor vehicle theft or felony [GA Code § 16-8-18 (2017)] as a few examples that occurred within the city.
• Mr. Books had a criminal record including, “False Imprisonment, Simple Battery/Family, Battery Simple and Felony Cruelty/Cruelty to Children” aka (Domestic Violence). Brooks was already on probation and a new arrest would likely have sent him back to prison.
• Toxicology Report: TBA.
• Legal Review: Under review. TBA.
• Legal Outcome: TBA.
• Civil Claim(s): TBA
• Our Analysis: Based on both videos, this clearly looks like a lawful use of force. There is a difference between “sleeping” and passed out drunk at the wheel of a motor vehicle. As we have said, fighting/ wrestling, using physical force of any kind with officers puts both the subject and the officers at risk. Taking an officer’s weapon, in this case a Taser, escalates that risk.
• At this point there was no justification of use of force – UNTIL, Brooks turned around while fleeing and fired the Taser at the officer. Now lethal force can be used and it was.
• A Taser has the ability to incapacitate a person; thus eliminating their ability to fight back. In this case, if the officer was incapacitated, Brooks could have taken the officer’s gun and killed the officer. Anytime there is risk of death or incapacitation of an officer from performing their lawful duties, there is a chance lethal force could be used.
• Prevention: Clearly drinking and driving didn’t mix here either. Alcohol impairs judgement. When one is told they are under arrest, cooperate; avoid resisting, fighting; or especially trying or taking an officer’s weapon. If manage to take an officer’s weapon, don’t end up trying to use it against an officer or another person. The results are highly likely to end with use of lethal force.

[Return to Topics]
[Page Top]

[14] Terrence Crutcher (Oklahoma).

• Date: September 16, 2016.
  
• Background: Police responded to a citizen call of an unattended running vehicle with both doors open in the middle of the street, blocking traffic; and a man running away from the vehicle. It was a single lane, two-way road. The vehicle was over 90% parked on the wrong side of the road, blocking especially oncoming traffic.
• Mr. Crutcher is initially seen with his hands up, but instead of stopping and following officer commands, he decided to walk away from officer(s), and began walking toward his vehicle. Crutcher put his hands back down when he got close to his vehicle, and reportedly put his hands in his pockets. Officer radios in that the subject (Crutcher) would not show his hands.
• Crutcher walked to the driver-side of his vehicle. Due to continued non-compliance, one male officer fired his Taser at Crutcher with no affect.
• According to a statement, Crutcher reached inside the vehicle and that is when Crutcher was shot.
• No gun was found on Crutcher or in the vehicle.
• In 2017, the female officer who shot Crutcher was still very upset over the incident. She said in a 60 Minuets interview, “his actions dictated my actions,” and that he “intended to harm her.”
• Toxicology Report: Toxicologists found that Crutcher had Phencyclidine (PCP) and Tenocyclidine in his system at time of the shooting incident (Official Report, P8). A vile of PCP was also found in his vehicle during the traffic stop.
• Legal Review: Shooting independently reviewed by multiple agencies. The female officer was charged with homicide before the legal review was performed.
• Legal Outcome: A trial was held. The jury foreman had some reservations but in the end, the jury ruled for an acquittal of the officer; thus ruled as a lawful use of force.
• Civil Claim(s): The family of Mr. Crutcher filed two wrongful death lawsuits in state and federal courts. The state lawsuit was dismissed on appeal. Over a reasonable search, we did not find status of the federal lawsuit.
• A legal review by the U.S. DOJ, Civil Rights Division lawyers, U.S. Attorney’s Office, and working with the FBI, concluded that there was insufficient evidence to charge the officer with civil rights violation.
• Our Analysis: We have again a person under the influence of controlled substance(s) (PCP), who was driving, and could have killed someone. He was uncooperative with law-enforcement. He made the mistake by walking back to his vehicle, and performed actions of reaching inside the vehicle. Since people don’t have x-ray vision, officers could not determine what the subject was reaching for. An officer does not have to wait until they see a gun or other weapon to use lethal force when a subject demonstrates risk behavior.
• There are many cases when officers were shot and killed by a subject who reached what ended up being a gun, and the officer delayed action. At the end of the day, that delay could kill you.
• Prevention: Had Mr. Crutcher stopped, and got on the ground, away from his vehicle when instructed by officers, he could have been arrested without incident. The use and being under the influence of controlled substance(s), especially PCP, can severely impair one’s judgement. Our view is anyone who uses controlled substances such as PCP, already demonstrated poor judgement when they were sober.

[Return to Topics]
[Page Top]

[15] Tyrone Harris Jr. (Missouri).

• Date: August 9, 2015.
  
• Background: Tyrone Harris Jr., 18, was at a highly-charged protest/ riot in Ferguson, MO. At one point, Harris is seen pulling a (stolen) gun from his waistband. He reportedly fired gun shots at an unmarked police vehicle. Police say, Harris turned at officers and began shooting. Officers returned gun fire, hitting Harris.
• Toxicology Report: N/A.
• Legal Review: Harris survived the shooting post-surgery and was charged with 10 felony counts, including 1st degree assault on a police officers. Harris was already out on bail regarding felony charges in another matter.
• Legal Outcome: Police were put on administrative leave while the shooting was investigated. No charges filed against law-enforcement. Result: Lawful use of force.
• Civil Claim(s): N/A.
• Our Analysis: Harris’ father was under the false perception that Harris Jr. was ‘getting his life together.’ This must explain the prior felony arrest, unlawful possession a firearm, possession of a stolen firearm, and shooting at law-enforcement? Harris had posted numerous photos of him and his friends with guns and boasted about being a gangster.
• Prevention: If planning to protest, best not bring a firearm. If one shoots at police, they now have clear cause to shoot back. Best not to be involved in gangs, or be in possession of a stolen firearm.

---

[Return to Topics]
[Page Top]

B. Non-Officer-Involved or Officer-Related Deaths.

The following are NOT officer-involved shooting incidents, but were high profile cases, so we have reviewed them here.

[1] Daniel Prude (New York).

• Date: March 23, 2020.
  
• Background: Daniel Prude became delusional. His brother, Joe Prude said Daniel wanted to “kill him.” Daniel Prude jumped down a flight of 21 stairs – head first. His brother then sought to admit Daniel to a local hospital for “evaluation.” For whatever reason, Daniel Prude was released.
• Later that evening, it was Joe Prude who called police on his brother, Daniel. Joe advised police dispatch that his brother was under the influence of PCP, and thought Daniel could be a repeat risk of self-harm. Police arrived on scene and observed a deranged naked man running in the streets with blood all over him.
• Police attempted to subdue Daniel Prude who asked those around him including the officers for a gun. Mr. Prude was spitting a lot, said he had Coronavirus, together which led to the use of a spit bag/ spit hood.
• These spit bags/hoods are designed to breath freely and stop spit from being projected from an uncontrollable subject. They are not like plastic grocery bags by any stretch; nor like hoods used in movies or real hostage taking. They are designed NOT to be a choking hazard. There have been some deaths related to the use of spit bags/hoods but this is a rarer instance.
• Mr. Prude began freaking out (more) with the spit hood on and again demanded a gun. At this point he was handcuffed normally. At some point Prude appeared to be vomiting water. Police removed the spit hood, medics arrived, and told officers to roll the subject on his back. CPR was performed. Police also removed the handcuffs. Medics gave Prude epinephrine and sodium bicarbonate. Prude’s heart beat returned on its own sometime after according to a police report. Unfortunately, Prude was incapacitated from an apparent lack of oxygen. A week later on March 30, 2020, Prude was taken off life support and officially died.
• Prude’s brother Joe insists that Daniel didn’t have any prior mental health issues. However, in another report, Joe Prude stated that Daniel had ADHD.
• Toxicology Report: Toxicologists and investigators confirmed that Prude smoked a marijuana-laced joint with PCP on the eve of the incident. The official autopsy report claimed the death was a “homicide” due to (1) Complications of physical restraint; (2) Excited Delirium (caused by drug use and or mental illness); and (3) Acute Phencyclidine intoxication (he was high on PCP). Prude also had caffeine and Cotinine in his system.
• Legal Review: Under investigation. TBA. Officers involved in the incident have been suspended pending the outcome of the investigation.
• Legal Outcome: TBA
• Civil Claim(s): TBA.
• Our Analysis: Although this case is still pending, thus far our analysis is that officers had to restrain the uncontrolled subject, then unrestrained him when they noticed there was a medical issue.
• Being under the influence of a hard drug that affects the mind and body’s organs and laced with anything else, one places their own life at risk just for being on the drug.
• We could not easily find any prior criminal history or prior drug use. It would be rare to find out that this was the first time Mr. Prude ever used any kind of drug and had no prior law-enforcement contact in the past. This will come out at some point. Our review pending further evidence.
• PCP (Phencyclidine) is a highly addictive mind-alternating drug. It can cause hallucinations, one to become completely delusional, sense of invulnerability, and belief of super strength. Depending on the amount used, can also cause an increase in blood pressure, low respiration, vomiting, sudden violence and suicide. Depending on the dose, and other factors, the drug can stay in one’s system for 7-46 hours because it is fat-soluble, not water-soluble. In some cases the drug can still be detected in the system for about 17 days.
• Prevention: We don’t know, what was the basis to release Mr. Prude from the hospital? We don’t know if the hospital knew about his drug-induced state, or blood tested him to find out his current and any other medical conditions. The hospital should have figured out Prude was under the influence of PCP. The hospital could have attempted to detox him.
• Prude’s use of PCP caused him to hallucinate, ‘fly’ down a flight of stairs head first and acted suicidal. The avoidance use of drugs including PCP, could have Daniel still living today.

[Return to Topics]
[Page Top]

[2] George Floyd (Wisconsin).

• Date: May 25, 2020.
  
• Background: Police responded to a call of a man allegedly passing counterfeit currency ($20 bill) at a convenience store. Video shows Mr. Floyd cuffed and arrested. Police, (for those who need to know, two officers white, one black and one Asian), attempted to place the 6 foot, 6 inch tall MR. Floyd in the back of their police SUV cruiser. Floyd was acting wildly, both physically and verbally erratic. He was resisting officers from getting him in the vehicle. Floyd could be heard that he ‘could not breathe’ in the back of the SUV, but was strong enough to physically resist while handcuffed. Floyd was mostly non-coherent. Three officers could not muster the current strength of Floyd trying to secure him in the SUV, so the officers took Floyd to the ground.
• Floyd said multiple times he ‘could not breathe’ for over seven minutes; but continued talking and shouting. Officers attempted to better secure Floyd.
• About a dozen citizen onlookers are seen bickering, hazing, interfering and filming the officers from one of the police body-cam videos.
• One of the officers had his knee on Floyd’s neck for seven minutes, forty-six seconds. Floyd eventually became silent and EMS arrived on scene. Floyd was now under medical care and transported to a hospital. Floyd was pronounced dead at 9:25PM local time.
• Toxicology Report: The Hennepin County, WI medical examiner stated that the cause of death was a homicide due to the following: (1) “Cardiopulmonary arrest (heart attack) complicating law enforcement subdual, restraint, and neck compression;” (2) “Other significant conditions: Arteriosclerotic (clogged arteries, restricted blood flow) and hypertensive heart disease (high blood pressure); fentanyl intoxication (under the influence) (fentanyl is 50-100x stronger than heroin); (and) recent methamphetamine use.” In the Detailed 20-page report, Floyd also tested positive for Cotinine (tobacco alkaloid), and THC (Marijuana). If all this wasn’t enough, Floyd also tested positive for 2019-nCoV (Coronavirus) (p2).
• Legal Review: TBA – Under Investigation. Initially, only the officer who had his knee on Floyd’s neck (Chauvin) was criminally charged [Chauvin, Original Complaint]. After public outcry, all four officers on scene have been fired and criminally charged including with second-degree murder, and or aiding and abetting second-degree manslaughter [Chauvin, Amended Complaint]; [Kueng Complaint]; [Lane Complaint]; [Thao Complaint is virtually identical to Kueng & Lane – {PDF electronic signature could not be validated from the source.} Doc not uploaded].
• Bail was increased at the request of the prosecutor following public outcry from $500,000 to $1 Million each.
• According to a report, two of the officers (Kueng and Lane) were rookies with barley over one year with the department. The officer primarily charged with the killing of Floyd had 19 years with the department. The fourth officer had eight years with the department.
• Legal Outcome: TBA.
• Civil Claim(s): TBA.
• Our (initial) Analysis: Based on just the videos in our opinion, we would concur that the officer who had his knee on Floyd’s neck for an extended period of time, was an excessive use of force and he should face criminal charges. The officer should have released his knee from Floyd no later than when Floyd stopped resisting. Once on the ground and not struggling, there is no need to put additional constraint on a subject.
• The trial of the former officers can go in many directions. We expect former Officer Chauvin to get the brunt of the case, and deserving so. He should have known better.
• The other veteran (former) officer of twelve-years (Thao), who stood around and mostly seemed to try and control the crowd, might get some punishment for failing to step in or say something. But he did not do anything that lead to Floyd’s death. It’s hard to charge someone with a crime of murder who had no direct cause. He is charged for just being there, seems like it could be an overcharge by the prosecutor.
• From a command rank standpoint, the senior officer calling the shots was Chauvin (had knee on Floyd). The others generally follow Chauvin’s command. The two (now former) rookie officers (Kueng and Lane), are still learning in the field. Generally, rookie officers won’t second guess their senior officers in the field.
• We think that the prosecutor overcharged the rookie officers (Kueng and Lane) since they did not cause or seek to cause death or injury to Floyd.
• Based on our initial review, what we have just outlined was exactly what the prosecutor did: Charged all on Chauvin and none on the other officers until some in the public complained. This could be a problem for the prosecution at trial as to why the up charges on Chauvin, and announced charges on the other officers who did not receive charges in the first place? The prosecutor was responding to the public’s demands and that is not how criminal charges are assessed.
• Some called for first degree murder charges. To make that charge stick, one has to prove that the subject not only intended to kill (Floyd) [§ 940.01 (1)(a)] but intent must show premeditation (ie: thought about murdering Floyd before coming to work).
• If a prosecutor overcharges someone, and that charge cannot be proven in court, a jury could say they are ‘not guilty’ of that high charge and they go free.
• Example: Casey Anthony, accused as a ‘sociopath’ who (allegedly) murdered her own (unwanted) child was charged with first-degree murder. A guilty plea by the jury meant the death penalty. It seemed that everything pointed to Anthony as the person who killed her daughter. In the end, the jury felt the prosecutor was ‘overzealous‘ and over-charged Anthony. The jury ruled, ‘not guilty’ of first-degree murder, and Anthony went free. In 2016, a news report said the attorney for Casey Anthony knew that Anthony murdered her daughter. Best to make charges on what one can clearly prove in court, not what an angry mob wants.
• We can go into mitigating issues briefly: Floyd was a mess. Ignoring his violent criminal history, his severe drug issues, severe heath issues including breathing difficulty which can stem from the drug issues, all of this could be mitigating factors in trial.
• Prevention: We repeat the obvious: Don’t use drugs; don’t commit crimes; don’t resist arrest; don’t try and fight with officers. On the other side, especially a veteran officer, should know when to stop using force on a subject.
• Riots. The decent civil protests, Justice for Floyd has been seized by Anti-American, racial-divers, and anarchists groups. Riots, looting, arson, general mayhem, domestic terrorism [8 USC § 2331 (5) seq.] ensued that evening, and have continued ever since in some states who have little interest to have them stopped. But that is another report.

[Return to Topics]
[Page Top]

[3] Sandra Bland (Texas).

• Date: July 13, 2015.
  
• Background: Police performed a minor traffic stop (failing to signal) on a vehicle driven by Sandra Bland. Instead of just saying: ‘Yes officer, I am sorry. I should have signaled before changing lanes. I will be more cognitive about that. Thank you for reminding me.’
• Believe it or not, a good attitude, positive voice tone, smiling while talking, eye contact, and being mindful of why one was stopped; then verbally show that you mean to be more focused on that concern now is a good move. On a minor issue, an officer might let you go with a warning – if the officer believes you are sincere – and assuming one has no outstanding criminal issues. If show a level of respect, the officer should reply with the same level of respect. Unfortunately it didn’t go this way.
• Ms. Bland was verbally combative and uncooperative. The minor traffic ticket now escalated to an arrest.
• Three days later Bland was found hung in her cell. Bland reportedly could not post $5,000 bail, which a bail-bond would be 10% of that or $500.
• Toxicology Report: Toxicologists found marijuana still in her system at time of death. This suggests she may been driving under the influence of marijuana three days prior.
• Legal Review: The case was reviewed by multiple agencies including then President Obama’s FBI. Bland’s death was ruled suicide by hanging.
• “There were no injuries, no scrapes, or no signs of foul play. Bland did have signs of thirty healing “cut marks” on her left wrist,” and no signs of a struggle said a Waller County (Texas) prosecutor.
• Legal Outcome: The officer was indicted for false claim for his safety in 2016. That charge was dropped in 2017 after the officer agreed to never work in law-enforcement again. There were no criminal indictments because Bland took her own life.
• Additional procedural changes called The Sandra Bland Act, was signed by Texas Governor Greg Abbot (R). This included electronic sensors to remind jailers when to perform cell checks; addressing mental health and substance issues; making it easier to make bond in mental health cases; and required officer training in better de-escalation techniques.
• Civil Claim(s): The family of Sandra Bland agreed to settle a wrongful death case for $1.9 Million.
• Our Analysis: Based on the video, we feel the officer should have shown more professionalism and self-control, even with a verbally belligerent subject.
• Drugs could have played a role in Bland’s erratic behavior along with her mental state. Ms. Bland had attempted suicide a year prior, but wrote on police forms during current arrest that she wasn’t feeling suicidal.
• Jailers should have performed regular checks on Bland, and failed to follow this procedure. Even if jailers followed the policy: One check every 60 minutes, verses two hours in Bland’s case; we’re not sure that her death could have been prevented. Jailers basically would have had to catch Bland committing suicide immediately to try and save her. Bland could have committed suicide anytime over an hour, or at a later date when out of jail.
• Prevention: There is an old saying: People talk themselves into a ticket – or an arrest. Bland did exactly that. Getting pissing with police, especially when stopped, is not going to help prevent one from getting out of trouble. The best bet is to fake it if one has to. Be cooperative and polite, and the officer should show the same respect. The officer should exercise high tolerance even when people get pissy. However everyone is different, and people react to different stimuli. If Bland was sober (no drugs in system), calm and cooperate, she could have avoided being arrested. A ticket can be addressed in court, and a complaint against the officer can be addressed to the department. It is best not to do this on the street.
• To talk 24-7, 365 days a year, if know someone, or if one has feelings of self-harm: In USA call free: 1-800-273-TALK (8255).

[Return to Topics]
[Page Top]

[4] Trayvon Martin (Florida).

• Date: February 26, 2012.
  
• Background: George Zimmerman was a designated neighborhood watch person covering a private gated community. Martin, 17, was trespassing on private property, but that alone is not cause to be shot. Zimmerman called 9-1-1 to report a suspicious person, and continued to observe Martin. It was when Martin turned around, and attacked Zimmerman is when things escalated. Zimmerman stated he shot Martin in self-defense.
• Toxicology Report: Toxicologist report found that Martin had THC (Marijuana) (report, p13) in his system at the time of the incident.
• Legal Review: Zimmerman was charged with homicide in Martin’s death.
• Legal Outcome: Lawful use of force. Martin was on top of Zimmerman before Martin was shot. Zimmerman was attacked and injured in the back of the head caused by Martin. A jury trial concluded that Zimmerman acted in self-defense, and thus the verdict came back, ‘not guilty.’ The shooting independently reviewed by multiple agencies including then Obama Administration’s DOJ who found no civil rights or other violations by Zimmerman
• Civil Claim(s): Lawsuits were handed out in both directions vs. Zimmerman and vs. Martin; including Zimmerman vs others. Mr. Martin’s family settled their lawsuit with the homeowner association where Martin was killed. Zimmerman also sued NBC News for their editing Zimmerman’s 9-1-1 call. That suit was dismissed. Zimmerman’s broader lawsuit is still outstanding.
• Our Analysis: This case like many others was used as a political divisive tool. Instead of just focusing on the facts, there was much political rhetoric to stoke white racism (even though Zimmerman identified himself as Hispanic, and a registered Democrat.
• Some of the protests were organized by members of the U.S. Justice Department. Then President Obama said that Trayvon could have been him. Obama graduated Harvard Law, become a Senator, and elected U.S. President – twice – so not likely.
• Obama’s Attorney General, Eric Holder also made a speech for racial division. Even the government of Iran tied to sir racial division in America. Professional organized protestors also pushed to make the case a race issue.
• Even-though police were not involved in the death of Mr. Martin at all, organized professional protestors sought to blame police anyway. Even some in the media were caught editing (falsely distorting) the 9-1-1 call from Zimmerman to make it racially motivated. Other media and racial dividers called Zimmerman’s race “complicated.”
• This was not about race. This case was about whether a homicide was justified as self-defense or not. A jury made the decision. There are no laws in the United States saying a crime is permitted if a person is of a particular race. Anyone making the claim, and unable to prove such in court, is then pushing a false narrative.
• This report does not go into all the violence and crimes committed as a mob reaction to the incidents stated within. However, one will find as we have used this Trayvon Martin example, there are those who use a tragedy to stoke racial division, pushing anti-police rhetoric, pushing political rhetoric, rioting, commit arson and looting businesses that had nothing to do with any of the incidents.
• Prevention: Best not trespass on other people’s property, use or consume controlled substances, or be the one to initiate a fight that risks bodily harm.

[Return to Topics]
[Page Top]

C. Are There Common Themes in These Shootings?

The common themes in many of these cases involve use of controlled substances, uncooperative persons, fighting with enforcement, some possession of weapons, or took actions that created the appearance of reaching for a weapon.

We also find that many in the media, some politicians, well-funded and some violent political organizations, together have use these tragedies to stoke racism and effectively encourage, support or provide air time to those who advocate violence, destruction, crime, arson, theft, and homicide. Not exactly the most constructive people in society, are they?

[Return to Topics]
[Page Top]

[1] End of Watch: Officers Killed in the Line of Duty.

In 2011, the FBI released a study of officers killed in the line of duty. At that time the number of officer deaths was 72. Of the officers killed, for example, 23 killed when attempting to make an arrest, 15 killed by ambush, 11 occurred during traffic stops.

Of the 72 officer deaths, 63 were killed by firearms: 21 officers killed within 0-5 feet of the subject; 3 officers had their guns taken from them by the subject.

Officers were killed by 8 subjects under the influence of narcotics, 7 under the influence of alcohol.

Here is the shocker.

Of the officers killed, 43 of the offenders were white, 29 black, 3 other.

[Return to Topics]
[Page Top]

[2] Police Killed by Unarmed Subjects.

In 2014, the Los Angeles Police Protective League cited another FBI report. From year 2000 to summer 2014, there were at least 57 (fifty-seven) police officers killed by ‘unarmed‘ subjects. The subject didn’t come at officers with a weapon, but managed to take the officer’s weapon and kill the officer.

“According to the FBI’s online database of officers feloniously killed, as well as the Officer Down Memorial Page, since 2000, there have been at least 57 occurrences where the suspects have taken officers’ weapons and murdered the police officer with it.”

— Source: Los Angeles Police Protective League, Aug. 26, 2014

This proves our earlier argument: That anyone (especially media and lawyers) who insinuate that an “unarmed” subject is somehow ‘defenseless’ or ‘harmless’ should go and talk to the families of the slain 57+ officers.

In 2017, 184 law enforcement officers were killed in the line of duty. Some 45 died from being shot to death by an assailant. Some 48 died from cancer related to the 9-11-2001 terror attack aftermath.

During 2018, 185 law enforcement officers killed in the line of duty. Some 52 died from being shot to death by an assailant. Some 46 died from cancer related to 9-11-2001 terror attack aftermath.

In 2019, there were 147 law enforcement officers killed in the line of duty. Of that 48 died from being shot to death by an assailant. This includes officers of different races and background. More officers were killed in New York (25) followed by Texas (18), then California (10) than any of the other states, DC, or U.S. territories.

As of September 5, 2020, there have been 185 officers killed in the line of duty. Reportedly, 101 died from Covid19 (#1 cause of death so far in 2020). The #2 cause of death is by gun fire (32). Both male and female officers of different backgrounds and different races were killed. Criminals see police all as one color – Blue. Police are trained to observe and evaluate behaviors, not skin color.  Current officer death data.

[Return to Topics]
[Page Top]

[3] Is U.S. Police Brutality a Real Problem?

There has been much talk, albeit in the streets that “police brutality” is a big problem.

Despite popular opinion, the number of actual police brutality cases in the USA are very few. Since 1990, there have been just twenty (20) U.S. cases through June 25, 2020 including two cases pending. The vast majority of the cases where unjustified shootings, and those officers were sent to prison.

The latest data from the Bureau of Justice Statistics said there are 701,000 full-time sworn local police officers and about 100,000 full-time federal law-enforcement officers. Thus, the actual number of bad actors by law enforcement represents 0.2 of 1% (two-tenths of one-percent). Thus, 99.8% of law enforcement officers are not the problem. Yet, there is this apparent need to “reform” and get rid of (defund) law-enforcement?

[Return to Topics]
[Page Top]

[4] Racial Division – Who is Doing It?

Notice that none of the officers who were killed had their family, friends, organize protests and burn down the criminal’s property; or loot stores calling for more higher wages for officers.

Notice most of the media don’t even bother to report on officers killed, let alone spend 18 hours a day on the subject. Nor do they broadcast or Tweet annual reminders and TV documentaries of murdered law-enforcement officers. Perhaps one should ask – why?

If your answer is, “I don’t know,” maybe one needs to start looking at that question: Who is really driving the racial and other divisions in America? When one starts articulating that behavior, then they will began to understand what is driving the motivation.

[Return to Topics]
[Page Top]

---

About the Author:

Net Advisor™ has a diverse background; received a variety of certificates and training including laws of arrest, search warrants, and laws regarding the use of force.

Laws cited here are state specific and may vary between states. Federal laws apply to all U.S. states and territories, including the District of Columbia. Cited laws fall under the general category of the known offense. Actual charges or pleading down to lessor charges can change the outcome of any sentence or fine. Opinions here, and on this website, are not to be construed as legal advice. If facing a legal situation, always consult with a proper legal professional. Disclaimer.

If you liked this article, please “like us” on Facebook or share on Twitter or through your favorite social network.

Images/ graphics may be copyright by their respective owners. Please advise for uncredited items. Third-party content may be copyright by their respective owner(s).

Original content copyright © 2020 NetAdvisor.org® All Rights Reserved.

NetAdvisor.org® is a non-profit organization providing public education and analysis primarily on the U.S. financial markets, personal finance and analysis with a transparent look into U.S. public policy. We also perform and report on financial investigations to help protect the public interest. Read More.
[Page Top]