The Ferguson charade

2014-12-03T06:15:00Z The Ferguson charade missoulian.com
December 03, 2014 6:15 am

The White House response to Ferguson wouldn't be complete without a meeting with Al Sharpton, the infamous agitator who has become President Barack Obama's "go-to man on race," in the words of a Politico headline from last August.

So Sharpton was inevitably one of the civil-rights leaders at a White House meeting Monday. The president no doubt passed up the opportunity to direct Sharpton to the Treasury Department up the street, which would surely love to have him visit and make good on all the taxes he has avoided paying through the years. 

Despite a disdain for the Internal Revenue Service that would make the average anarcho-libertarian blush (among other embarrassments and scandals), Sharpton has leveraged himself into respectability with the Democratic establishment by making himself central to any national racial controversy. By rights, he should have given up any pretense to criminal forensics after his defamatory role in the Tawana Brawley hoax in the 1980s, but there he was at Ferguson, Mo., suggesting the worst despite what turned out to be strong evidence that Officer Darren Wilson acted lawfully.

When the grand jury found there was insufficient evidence to indict Wilson, Sharpton pronounced that the Ferguson protesters had lost the battle, but not the war. 

The Ferguson story has progressed from the tragedy of the initial incident to the outrage of the violence of the protests to a new phase of charade. The federal government must pretend to do something because it must ... do something.

But what national initiative is going to stop police officers from defending themselves when they feel as if they are under mortal threat, as Officer Wilson says he did?

The Justice Department investigation of Wilson on civil-rights grounds will almost certainly lead nowhere. The standard for such a prosecution is high, and if the evidence didn't merit a routine criminal prosecution, there is no way it can reasonably support a civil-rights charge.

The president wants funding for more body-worn cameras for local police, a worthy-enough experiment. But such a camera, assuming that what it captured was consistent with the most credible evidence, would have served to vindicate Wilson's version of events rather than the protestors' narrative of an extralegal killing.

The most needful reform in Ferguson and surrounding communities, per the excellent reporting of Radley Balko of The Washington Post, is the end of the obnoxious and parasitic practice of squeezing revenue out of residents with fines from traffic and other petty offenses. This creates an incentive for police to hassle motorists and is especially burdensome to poor residents. Since this issue is exceedingly local and dull, almost no one talks about it.

The facts have stopped mattering in Ferguson, if they ever did. It is probably destined to live on in the roll call of locales, like Selma and Birmingham, that are bywords for civil-rights abuses. Never mind that this distorts what happened in Ferguson and belittles the memory of past civil-rights battles. There are too many people too vested in the myth, with Al Sharpton leading the way.

Rich Lowry's syndicated column appears each Thursday on the Missoulian's Opinion page.

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(4) Comments

  1. D
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    D - December 03, 2014 10:56 am
    Mr. Lowry, you are a just another white guy who thinks he knows what he's talking about when it comes to racial inequality....it's always soooo easy for us white folk to speculate, like you, and think they've got the answers. Things really have not changed a whole heck of a lot. Just ask most any person of color why they won't consider living, or even visiting, the Northwest.
  2. Roger
    Report Abuse
    Roger - December 03, 2014 9:20 am
    Excellent essay by Rich Lowry.

  3. Gadfly
    Report Abuse
    Gadfly - December 03, 2014 7:22 am
    Policeman Killing in Ferguson Missouri of 18 year old Black Male August 2014:

    Grand Jury Decision Not To Indict Officer Darren Wilson Ferguson Missouri: The Grand Jury did not turn in an indictment on Officer Darren Wilson for killing MIchael Brown. The decision was formally out on 11/24/2014, but leaks that such would be the decision were out earlier. Was it a just decision or a decision guided by the Prosecuting Attorney (PA) Robert McCulloch? The PA has control of what evidence is presented to the grand jury. It looks like a data dump of evidence probably confusing the grand jury, including much irrelevant evidence of very non credible eyewitness reports. The PA had the options of slanting the evidence by how he conducted the enquiry and the evidence. He could have eliminated evidence from presentation that was far from supported by the forensic evidence such as shooting in the back, sticking only to the shooting and autopsy evidence and undeniable facts. The PA acted more like a defense attorney for Officer Wilson and seemed to engineer testimony and perceptions of evidence to dovetail with self-defense and justified shooting. The jury listened to 60 witnesses and met 25 times over a 3 month period, listening to 70 hours of testimony. Typically, forensic evidence is presented and a few witnesses and the jury is instructed to render an opinion about probable cause to have a regular trial. This grand jury case was conducted like a trial with the PA acting like a defense attorney.

    Some facts and Officer Wilson’s report: Darren Wilson shot an unarmed teenager, firing 10 shots at him, killing him. Evidently there was a scuffle earlier between Darren and Michael at the police car when Darren blocked Michael and a companion of his from going down a road. Darren had a report of a teenger taking cigarillos (small cigars) from a store. According to Officer Wilson, Michael hit him in the face and tried to take his gun. He got off a couple of shots into the car door, one going through hitting Michael on the hand. MIchael fled and Officer Wilson got out of his car and evidently started shooting. Michael stopped and turned. Per Officer Wilson, Michael advanced toward him and he started shooting, then MIchael stopped, then started advancing again and Wilson fired until Michael fell to the ground. Officer Wilson admitted that he was afraid having felt MIchael’s strength in the up close encounter earlier at the squad car. He referred to himself as a five year old confronting a Hulk Hogan. He is 6’ 4” and Michael was 6’ 6”. Michael did out weigh him by around 50 lbs.

    Officer Wilson admitted he had mace and a nightstick (baton). Evidently, he did not consider using mace or the nightstick. He said he did not like tasers because they are too unwieldy.

    Wilson shot Michael several times in the second encounter, at least one of the latter on top of the head which probably when Michael was falling or down to his knees. Wilson fired 12 shots all total, Michael was hit 7 times. Two shots were fired from inside the car, one grazing Michael’s hand. Ten shots were fired in the second encounter when Officer Wilson shot at Michael, 7 of which hit MIchael. Michael’s body was 138-154 feet from the squad car.

    The grand jury bought the argument that Darren Wilson gave about the need to shoot a fleeing person he viewed as dangerous to himself and others of he escaped. Missouri law, still on the books even though the Supreme Court overruled it 30 years ago, is that a police officer can shoot a fleeing criminal. But if Brown stopped running and turned around, he was no longer fleeing. So then was he advancing in a threatening manner? The case still remains that the PA was acting more like a defense attorney than a prosecutor for Wilson; and the case remains that Wilson’s lawyers had time to coach him to say exactly what he needed to say so that it dovetailed with a justifiable shooting, which cops pretty much know anyway. It is also the case that the PA could have just presented the bare facts of the case supported by the forensic evidence that there was a preliminary struggle between Brown and Wilson at the squad car, then Brown ran away, turned, and that Wilson shot Brown multiple times. Brown was unarmed. He was shot 138-154 feet away. Wilson shot him until he fell from the wounds, 7 hits in 10 shots.

    Meanwhile the problem remains across the USA. A young man is shot at an alarming rate, black and white, but 21 times more likely black, by the police.

    As for demonstrations and demonstrators, the vast majority are peaceful and lawful. The media focuses on the burning and vandalism, ignoring the fact that there were several hundred lawfully behaving demonstrators. However, I heard one activist say a profound truth, “Broken people break things.” The police also provoked the crowd by name calling and drawing their firearms, and by their militant presentation. The police also symbolize what the demonstrators are upset about: Oppression, discrimination, profiling, racial hate, quick draw brutality SWAT mentality, and police murder for which there is very seldom accountability.

    Ferguson cop’s killing of 18 year old black man and other incidents of quick draw across the nation: Now what?: Live with it, but the evidence is clear from across the country of a need for review of how police do business, especially with minorities, in the use of lethal force, of brutal tactics, of militarization of the police force, of police state-SWAT mentality, of policeman as protectors and helpers versus forces of oppression. Blacks and other minorities need to get more politically involved in elections in their cities and towns; and get more representation on police forces and city hall and the courts. Squad car cameras and uniform cameras are needed. More accountability by police is needed with statistics kept on police killings, routine outside investigations of any killings and reported brutality. Police need more training in nonlethal management of arrests and inquiry including a friendlier attitude toward the public they serve, verbal skills, use of mace, baton, pepper spray, tasers, peaceful management of crowds.

    http://thebea.st/11RnHjD Ferguson’s Grand Jury Bought Darren Wilson’s Story

    http://www.rawstory.com/rs/2014/11/activists-video-suggests-ferguson-police-have-been-lying-about-mike-browns-death They decided it was reasonable for him to believe unarmed Michael Brown was dangerous enough to be shot and there was no other way to stop him from fleeing.

    Since the Ferguson Grand Jury decision: The 14 Teens Killed by Cops Since Michael Brown - The ...
    www.thedailybeast.com/.../the-14-teens-killed-by-cops-si.


    Why exactly did the police lie for 108 days about how far Mike Brown ran from Darren Wilson?
    Daily Kos‎ - 2 days ago
    Thus, he was actually probably 154 feet away when he was killed. Still, the police refused to ...

    http://missoulian.com/news/national/in-ferguson-mundane-choices-lead-to-tragedy/article

    http://billingsgazette.com/news/opinion/guest/guest-opinion-the-grand-jury-says-no-now-st-louis/article

    http://missoulian.com/news/national/in-ferguson-mundane-choices-lead-to-tragedy/article

    Amid Conflicting Accounts, Trusting Darren Wilson
    New York Times‎ - 10 hours ago
    Officer Wilson then shot him repeatedly, according to his account, after Mr. Brown charged at

    Michael Brown shooting: Ten things we know – or know better
    www.independent.co.uk › News › World › Americas

    Background of prosecutor in Ferguson case has some ...
    www.cbsnews.com/.../background-of-prosecutor-in-ferguson-


  4. Gadfly
    Report Abuse
    Gadfly - December 03, 2014 6:53 am
    Police Killings and Brutalities & Counting:
    Ferguson cop killing of 18 year old black man (10 shots at an unarmed teen up to 153 feet away with seven hits) and grand jury snow job and other incidents of quick draw and distorted justice: Now what for policemen and the public? Live with it, but the evidence is clear from across the country of a need for review of how police do business, especially with minorities, in the use of lethal force, of brutal tactics, of militarization of the police force, of police state-SWAT mentality, of policeman as protectors and helpers versus forces of militant policing, of profiling and harassment. Blacks and other minorities need to get more politically involved in elections in their cities and towns. Squad car cameras and uniform cameras are needed. More accountability by police is needed with national statistics kept on police killings, routine outside investigations of any killing and reported brutality. Police need more training in nonlethal management of arrests and inquiry including verbal skills, use of mace, baton, pepper spray, taser. and management of crowds. If the only tool you have is a hammer, every problem is a hammer. Stereotyping by police of blacks and other minorities seems to be is issue. Cop views of themselves as militant heroes in uniforms at war with segments of the public is an issue. Public blind support of everyone in uniform, especially since 9/11, is an issue. Low standards of justification for killing and brutality needs review. Cops need to be effectively prosecuted for unjustified killings and brutalities.

    How many police killings occur each year.?It is unbelieveable but records are not kept and depend on self-report, voluntary by police; one is around 400. Some research groups estimate that it is more like a 1000. Other estimates are in the range of 600’s to 700’s. The research indicates around 1400 shootings and “As of September 1, according to D. Brian Burghart’s estimates ( How many police shootings a year? No one knows: ““Criminal justice experts note that, while the federal government and national research groups keep scads of data and statistics— on topics ranging from how many people were victims of unprovoked shark attacks (53 in 2013) to the number of hogs and pigs living on farms in the U.S. (upwards of 64,000,000 according to 2010 numbers) — there is no reliable national data on how many people are shot by police officers each year.”
    A Washington Post article looked at seveal estimates .washingtonpost.com/.../how-many-police-shooti...The Washington Post Sep 8, 2014 - ”83 other people had been killed by police officers in the United States since Michael Brown’s death”.

    One source estimates 14 youth killed by cops since Ferguson (August 9, 2014) as of now (11/29/2014): “The 14 Teens Killed by Cops Since Michael Brown - The ...www.thedailybeast.com/.../the-14-teens-killed-by-cops-si...The Daily Beast”

    Conservatives tend to underestimate the number of killings by cop and see almost all as justifiable killings and the police as unquestionable heroes, while people on the left take the view that there are too many unjustified killings by cops, and clear evidence of systemic police brutality and SWAT mentality. Clearly we need to get a handle on the number of shootings, number of killings, breakdown of killings by race and age and gender, even by locality and police force; then we will have an accurate handle on the scope and nature of justified or not justified and other useful in policy and training. Meanwhile the data seems to well justify some police re-training in methods of apprehension and arrest, use of a range of non-lethal methods, attitudes about mission and attitudes toward constituencies served.
    PunditFact's top fact-checks about Ferguson | PolitiFact
    www.politifact.com/.../punditfacts-top-fact-checks-about-ferguson.

    http://missoulian.com/news/national/ferguson-grand-jury-papers-full-of-inconsistencies/article_
    Police: Video clearly shows shooting of Ohio boy, www.usatoday.com/story/news/nation/2014/.../19471925/
    USA Today 2 days ago - Twelve-year-old Tamir Rice was shot and killed by police. ... less than 10 feet from Tamir under a gazebo when the confrontation took place He …
    Cleveland police officer shot Tamir Rice immediately after ...
    www.cleveland.com/.../cleveland_police_officer_shot_1...The Plain Dealer
    Shooting of Michael Brown - Wikipedia, the free encyclopedia
    en.wikipedia.org/wiki/Shooting_of_Michael_Brown
    Ohio Wal-Mart Where Cops Shot Black Man Pulls Pellet Guns
    www.nbcnews.com/.../ohio-wal-mart-where-cops-shot-bla...NBCNews.com
    Sep 30, 2014
    Police chokehold death sparks New York protest march ...
    www.cnn.com/2014/08/23/us/new-york-choke-hold-rally/
    $1.5 million payout for woman beaten by California cop ...
    www.cnn.com/2014/09/25/justice/california-police-videotape-beating/

    Disturbing video: Cop allegedly beats woman on freeway ...
    www.today.com/video/today/55574347TodayJul 4, 2014 - Video on TODA

    http://missoulian.com/news/national/sharpton-gathers-families-of-men-killed-by-cops/article
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