Tamir Rice

Dear BlackLivesMatter And Friends: If You Won’t Be Responsible, At Least Leave LeBron James Alone

/ Jack Marshall / 84 Comments

No Justice LeBron

It should be apparent by now that BlackLivesMatter is a racist domestic terrorist organization. Terrorism is causing chaos for the sake of causing chaos in the imagined pursuit of a political agenda. That’s what the group, smug and shameless as ever, did over the post-Christmas weekend, disrupting the Mall of the Americas and blocking traffic at the Minneapolis airport. No, they haven’t killed anyone yet; they claim to be non-violent. We’ll see about that when they get sufficiently frustrated. One thing is certain about irrational, self-glorifying organizations: you never know how irrational they will get.

Now the Tamir Rice mess in Cleveland has presented BLM and its allies—which include all three Democratic candidates for President, according to their pandering rhetoric, as well as the Democratic National Committee— with a target more relevant to their alleged mission than disrupting children’s choir performances, losing money for small businesses and inconveniencing  Minnesotans who never did an African American harm in their lives. Using the hashtag #NoJusticeNoLebron, the Ferguson activated activists, led by writer Tariq Touré, have launched a Twitter barrage  imploring NBA superstar and Cleveland Cavaliers hometown hero LeBron James to refuse to play in NBA games until the Department of Justice, “imprisons the murderers of Tamir Rice.” Justice is of course investigating the fatal November 2014 shooting, since the Obama Administration tacitly encourages the divisive myth that any time a  white officer shoots a black man, it is presumptively a civil rights violation.

Like virtually everything that has come out of the incoherent, anti-white, anti-police movement surrounding the various controversial police shootings (of blacks only, however, though there have been more fatal shootings of whites…but never mind, that doesn’t advance the mythical narrative), this plan is ludicrous, unfair, and demonstrates the ignorance and/or contempt the protesters have for due process and the rule of law. Continue reading →

The Tamir Rice Fiasco And “Ethics Zugzwang”

/ Jack Marshall / 79 Comments

Gun comparison

There are circumstances in which all ethical options have been eliminated by poor choices and bad luck. Henceforth Ethics Alarms will refer to this dilemma as ethics zugzwang, zugzwang being a chess term for the situation where a player must make a move, and any move will worsen his position.

By the time the killing of Tamir Rice got to the grand jury, it was ethics zugzwang. The grand jury’s decision not to charge the two officers involved is troubling, and a decision to charge would have also been troubling. To get anything out of this utter and fatal fiasco, a lot has to change, and we have to recognize what in order to make those changes occur. It won’t be easy. I think it may be impossible.

There is no way that the justice system can do its job objectively and well when every police shooting involving a black victim is instantly labelled racist and murder by vocal activists, pundits and and social media, with the implied threat of civil unrest. If an indictment is handed down as in theFreddie Gray matter in Baltimore, it appears as if mob passions are manipulating the system, and, in the Gray case, it was. Such a result, in turn, makes it more difficult for the next accused cop to get justice. It estranges the police force from the government entity it serves, and makes police wary and less likely to assume the risks associated with their vital and inherently dangerous  job.

These considerations create their own impetus making a failure to indict more likely. A city cannot afford to be seen as not supporting the police, even when they make a deadly mistake in judgment. District attorneys are on the same team as police, and automatically share their perspective; it is important that the police recognize that. The police receive the benefit of every doubt, and the deserve that. Yet a failure to indict, especially now that police shootings have become high profile matters that every blogger and pundit prejudges according to their own biases and agendas, will inevitably be used to indict the system instead. Continue reading →

Ethics Observations On The Washington Post’s Fatal Police Shootings Study

/ Jack Marshall / 12 Comments

policeshootings

The Washington Post just released its own study of 2015 police shootings, including statistics that that the FBI, which admitted to the Post that it has not done a thorough job of tracking the data, has missed. Writes the Post:

The Washington Post is compiling a database of every fatal shooting in the United States by a police officer in the line of duty in 2015. The Post is tracking more than a dozen details about each killing — including the race of the deceased, the circumstances of the shooting, and whether the person was armed — by culling local news reports and monitoring independent databases such as Killed by Police and Fatal Encounters. In some cases, The Post conducted additional reporting. The Post is documenting only shootings in which a police officer, while on duty, shot and killed a civilian — circumstances that most closely parallel the 2014 killing of Michael Brown in Ferguson, Mo. The Post is not tracking deaths of people in custody, fatal shootings by off-duty officers or deaths in which police gunfire did not kill the individual.

The FBI and the Centers for Disease Control and Prevention log fatal shootings by police, but officials acknowledge that their data is incomplete.The Post’s database will be updated regularly as new fatal shootings are reported and as new facts emerge about individual cases. The Post is seeking assistance in making the database as comprehensive as possible. To provide information about fatal police shootings in 2015, send us an e-mail at policeshootingsfeedback@washpost.com. The Post is also interested in obtaining photos of the deceased and original videos of fatal encounters with police.

Elsewhere, the Post makes it clear that “incomplete” hardly begins to describe the FBI’s negligence:

The landscape of police shootings is surprisingly thinly explored. The FBI is charged with keeping statistics on such shootings, but a Post analysis of FBI data showed that fewer than half of the nation’s 18,000 police departments report their incidents to the agency.The Post documented well more than twice as many fatal shootings this year as the average annual tally reported by the FBI over the past decade. The FBI and the federal Bureau of Justice Statistics now acknowledge that their data collection has been deeply flawed. FBI Director James B. Comey called his agency’s database “unacceptable.” Both agencies have launched efforts to create new systems for documenting fatalities.

Observations: Continue reading →

Suggested Journalism Ethics Rule For The Washington Post: If You Want To Publish Race Hate, Anti-American Op-Ed Pieces,At Least Insist That They Don’t Misrepresent The Facts.

/ Jack Marshall / 11 Comments

Is that too much to ask?

Sunday last,  the Washington Posts’s Outlook section included an anti-American diatribe against police and whites by a California public defender named Raha Jorjani. I know there are black racists that see the world, law enforcement and government as he does, and there is nothing wrong or irresponsible in the Post allowing such screeds to see the light of day in its pages—all the better to expose them. I would feel better if the equivilent racist bile from the white side was not treated differently, but I tire of pointing out this double standard, at least right now.

But no editor should allow such a piece to include factual distortions on the scale of the opening paragraph, which begins,

Suppose a client walked into my office and told me that police officers in his country had choked a man to death over a petty crime. Suppose he said police fatally shot another man in the back as he ran away. That they arrested a woman during a traffic stop and placed her in jail, where she died three days later. That a 12-year-old boy in his country was shot and killed by the police as he played in the park.

Suppose he told me that all of those victims were from the same ethnic community — a community whose members fear being harmed, tortured or killed by police or prison guards. And that this is true in cities and towns across his nation. At that point, as an immigration lawyer, I’d tell him he had a strong claim for asylum protection under U.S. law.

What if, next, he told me he was from America? Black people in the United States face such racial violence that they could qualify as refugees.

The short and well-earned response to his last sentence is “Bullshit.” Before one can even get to his offensive and absurd (and paranoia-seeding: the lawyer must regard it as good for business) thesis, the utter dishonesty of his premises disqualify the op-ed for serious consideration, as well as raise question about the way this guy would practice law. If that is how he represents facts in court, he won’t be a lawyer long: Continue reading →

Ta-Nehisi Coates, The Atlantic, Racist Hate….and The Dick Van Dyke Show

/ Jack Marshall / 35 Comments
Forget what your dad is telling you, kid: listen to Buddy.

Forget what your dad is telling you, kid: listen to Buddy.

Question: If Ta-Nehisi Coates’ racist and hateful, anti-white, anti-US essay for The Atlantic is respectable public discourse, why isn’t Dylan Roof’s manifesto?

I think it is fair to that we know what the standards, or rather double standards, are in Barack Obama’s America. We have repeatedly been told by progressive activists that “hate speech” either isn’t or shouldn’t be protected by the Constitution, but the essay “Letter to My Son” by a regular Atlantic contributor, published by the magazine as literature, shows that “hate speech” is a narrower category in the progressive universe than its catchy name would suggest. Pompous, pretentious, labored, and smug anti-white, anti-American speech isn’t hate, apparently, but rather wisdom.

I just want to know what the rules are now.

Blogger/law professor Ann Althouse threw a link to the long piece by Coates to her readers without comment, as is often her technique. Actually, she highlighted a comment to the essay by one of the readers of Metafilter, who gushed,

I sat in the parking lot of my gym for 30 minutes reading that amazing, amazing piece. I’m rendered inarticulate by its power, by its purpose, by how fucking important it is and how I wish every person in this country would read it and really hear what he’s saying. And, just, goddamn. It’s so good. It references MLK in the same breath as Wu-Tang, and it’s all woven together so fucking effortlessly, but the references aren’t winky nods to pop culture, they’re buttressing an argument that is already so strong and undeniable and.

Althouse left off the last line, which was…

God. I know this sounds hyperbolic, but fucking hell, I hope this letter is taught in civics classes and literature classes for decades to come.

The Professor is correct: the positive reactions to this monstrosity are at least as fascinating as the essay itself. Read it all the way through, if you can. I found the long article extremely hard to get through. The prose is the sort of over-worked, straining-to-be-poetic slog that black revolutionaries and poets of the Sixties used to excel at, often from prison; Eddie Murphy did some hilarious imitations of them. Style and pretentiousness aside, the essay is tragic, frustrating and deeply sad: if this or anything even close to this is a common state of mind among African Americans, then it is small wonder progress in U.S. race relations is regressing. Continue reading →

The Tamir Rice Fiasco: A Step Toward Embracing Mob Justice In Police Shootings

/ Jack Marshall / 11 Comments
Oh, yeah, THIS is going to work...

Oh, yeah, THIS is going to work…

Because they believe that law enforcement officials did not move fast enough to indict (or not) the officers involved in the tragic, mistaken shooting of Tamir Rice, community activists are going  to seek the indictment and arrest of the Cleveland police officers involved by using a little-known and eccentric Ohio law that permits citizens to go directly to a judge with affidavits to seek murder charges. We can only hope that the judge chosen for this end-around has the courage and integrity to reject the petition as the attack on due process that it is.  I would not want to bet the farm on that happening.

Twelve-year-old Tamir Rice’s death is one of the most horrible among the spate of police shootings that have caused local and national outrage in the past year. On November 22, 2014 two police officers, 26-year-old Timothy Loehmann and 46-year-old Frank Garmback, responded to a city park after receiving a police dispatch call about “a male sitting on a swing and pointing a gun at people.” A 911 caller had reported that an African American male was pointing “a pistol” at random people in the Cudell Recreation Center and that “he is probably” a juvenile .The caller also said the gun was “probably fake,” but was unable to tell whether the weapon was real or not because the orange barrel markings used to identify toy weapons had been removed. This information was never relayed to the officers. Continue reading →

Ethics Hero: Montgomery County, Md. Police Chief Tom Manger

/ Jack Marshall / 7 Comments
"Cops": Chaz Pando as the doomed perp; Nello DeBlasio as the hostage.

“Cops”: Chaz Pando as the doomed perp; Nello DeBlasio as the hostage.

My theater company is performing the 1976 Terry Curtis Fox drama “Cops” as we wind down this season after 20 years. I chose the show, and its companion piece in an evening called “Crime and Punishment in America,” William Saroyan’s classic one-act “Hello Out There,” in direct response to Ferguson, the growing controversy over police violence, the increased racial divide in the U.S. and the gun control debate. Both dramas, as cast, involve African American victims of violence in a law enforcement setting. “Cops,” in particular, features openly biased Chicago police (at least based on their choice of words) and the police execution of a disarmed and surrendering cop-shooter. As the lights fade, the police are discussing what their cover story should be.

I invited the Chief of Police in Montgomery County, Maryland, Tom Manger, to come to the production and field questions from the audience regarding its relevance to current controversies in Ferguson, New York City and across the nation. [Full disclosure: I have known Chief Manger and his wife for many years, and consider them friends] You might recognize him: he was a major figure in the apprehension of the D.C. Snipers, and has been seen and interviewed on the national news and on issue talk shows several times, most recently on CNN’s “State of the Nation” with Candy Crowley. Not only did Tom agree to come, but he let me schedule him twice, said the sessions could be videotaped, and that no question would be off limits.

The first of the talkbacks took place last week (I am moderating another this Sunday), and Tom was as good as his word—candid, blunt, open, and frank.  He was quizzed, hard, by our diverse, astute and always combative audience members about police training, police force diversity, bad cops, police who lie and cover-up misconduct, and racism in the ranks, as well as the details of specific shootings including the local one I have referred to here more than once, in which an unarmed white man, John Geer, was shot and killed by police as he stood in his doorway negotiating with them over a domestic dispute.

Since the episode in Ferguson, Chief Manger said, he has been meeting with community groups two or three evenings a week, doing everything he can to bolster community trust. Among his comments in response to questions: Continue reading →

Ethics Observations On The Brooklyn Police Shootings

/ Jack Marshall / 36 Comments

Hands up

Via Vox: Two Brooklyn police officers were shot and killed execution-style today by a lone shooter, an African American male named Ismaaiyl Brinsley, who had posted two messages on Instagram suggesting that he was putting “wings on pigs today” because “they take one of ours, we take two of them.”  The message was accompanied by hashtags referencing Eric Garner and Mike Brown. The shooter later killed himself, and had allegedly shot an ex-girlfriend as well.

Five Observations:

1. The dangerous escalation of rhetoric and the persistent  misrepresentation of facts by civil rights advocates, activists, journalists and pundits made this kind of episode nearly inevitable. You cannot flood the airwaves with constant references to “police shooting unarmed black men” as if there was an organized racist liquidation of blacks by police in the streets and not risk sparking violence from the hysterical, the deranged, the angry, the lawless and the desperate.

2. The irresponsible “hands up” protests did not cause these deaths, but they probably helped create the conditions that led to them. The shootings of the  two NYPD police don’t make the false “hands up” lie—which continues to assert that Michael Brown was executed when the evidence indicates he was not, and that there was racial bias involved, when there is no evidence of this at all—any more unethical, reckless or irresponsible than it already was. It was wrong from the beginning. It was wrong to assert these things before what happened in Ferguson had been investigated, and it was wrong to keep asserting them after it was clear that they were unsubstantiated or false. It is still wrong. It is still dangerous. Continue reading →

It Begins Again: The Unethical News Media Fights For Control Of Another Shooting Narrative

/ Jack Marshall / 1 Comment

Stirring the potThe thinking in news rooms is, I suppose, “After all, somebody’s going to do it. Might as well try to get the upper hand.” When did journalism decide that stirring the pot was responsible journalism?

As the Tamir Rice shooting in Cleveland, discussed here, slowly begins its journey to replace the Michael Brown controversy as Ground Zero for the war on cops, whites and racial trust, one Cleveland news source decided to make a preemptive strike at the 12-year-old boy shot dead for brandishing a realistic pellet gun in the park.  Reporting that Tamir Rice’s father had been convicted of domestic violence multiple times, the story published on Cleveland.com reported that

“People from across the region have been asking whether Rice grew up around violence. The Northeast Ohio Media Group [Cleveland.com’s owner; the group also runs the Cleveland Plain Dealer] investigated the backgrounds of the parents and found the mother and father both have violent pasts.”

I have racked my feeble brain, and I cannot conceive of any relevance this might have to the fact that a police officer used deadly force against a child with a toy gun. Officer Timothy Loehmann didn’t know the boy: if his defense is, as I assume it will be, that the boy had the pellet gun out, didn’t respond to his order to drop it and placed the officer in legitimate fear of his life because the gun appeared real, his biological father’s propensity to abuse women doesn’t help us understand anything. This isn’t just unfair and irresponsible victim-blaming, it is stupid victim-blaming. Continue reading →

Perfect Timing: The Tamir Rice Shooting

/ Jack Marshall / 27 Comments
The boy and his toy.

The boy and his toy.

Unluckily for poor Tamir Rice, Cleveland, its police Department and Officer Timothy Loehmann, but luckily for the race-hucksters, activists and anti-police zealots determined to sell the position that white police have a secret hunting license for black kids, we have this latest tragedy, with another unarmed black child, this one just 12-years-old, killed by police.

Although it will doubtlessly not be portrayed that way in the media, there were many contributing factors to Tamir’s death. He was carrying a realistic pellet gun revolver in a park, and this is not a good idea. The guns are very realistic, especially from a distance. An observer called in a 911 alarm…I suppose the citizen can’t be blamed for being cautious, but in an earlier age, when toy guns looked like toy guns and the idea of a kid shooting anyone for real was unimaginable, this would have never happened.

Incredibly, the dispatcher didn’t relay to the officers the information from the caller that the gun was “probably fake.” The police excuse for that obviously crucial mistake was “We need to get that information to that zone car.”  Get the information that someone is wielding a real gun when there is already reason to believe it might be fake? There is never a need to get bad and potentially deadly information out fast. If nothing else, this is negligence, and would fuel a powerful lawsuit.

Then the officers arrived, encountered the kid, and apparently shot him dead without using a megaphone to warn the boy to drop his pellet gun. Not only did they assume the gun was real, thanks to the incomplete dispatcher report, but the shooting officer was a rookie. Would a more experienced cop have kept a cooler head? Continue reading →