December 10, 2014

Catching Cops on Camera Can Be Crucial

Notwithstanding the Eric Garner Case, Video Evidence Is a Powerful Weapon Against Police Brutality

Last week, in response to the shooting of Michael Brown and other controversial uses of deadly force by police, President Obama proposed federal funding for body cameras to record interactions between cops and members of the public. Two days later, a Staten Island grand jury cast doubt on the usefulness of such recordings by declining to indict Officer Daniel Pantaleo despite bystander videos that show him using a prohibited chokehold on Eric Garner, who died after he was tackled by cops arresting him for selling loose cigarettes.

The Garner case shows that video evidence, which may be subject to interpretation, is not necessarily decisive in determining whether a police officer’s use of force was legal. But it can make a crucial difference, as illustrated by several other cases.

Video of Officer Darren Wilson’s deadly August 9 encounter with Brown in Ferguson, Mo., could have resolved several important questions on which eyewitnesses disagree, including who started the initial fight, whether Wilson fired on Brown as he was running away, whether Brown charged Wilson, and whether Brown was trying to surrender when Wilson fired the final, fatal shot. Such a recording, if it supported Wilson’s account, also might have prevented the unrest that followed the shooting.

Two days before a St. Louis County grand jury declined to indict Wilson, a Cleveland police officer, Timothy Loehmann, shot and killed Tamir Rice, a 12-year-old boy who was playing with a pellet gun outside a recreation center. According to Loehmann, Tamir failed to follow three orders to show his hands. Yet security camera footage shows Loehmann shooting the boy within two seconds of pulling up, leaving little time for those purported commands to be issued, let alone understood.

It is not clear yet whether Loehmann, a rookie whose previous employer deemed him emotionally unfit to be a police officer, will be indicted, let alone convicted. But without that inconvenient video, we probably would not even be asking those questions.

Another striking example of the difference a video can make: On Sept. 14, 2013, Charlotte, N.C., police officer Randall Kerrick fatally shot Jonathan Ferrell, who was mistaken for a burglar when he sought help after an early-morning car crash. A 15-second dash-cam video of the shooting – during which Kerrick fired 12 rounds, striking Ferrell 10 times – convinced Police Chief Rodney Monroe to charge Kerrick with voluntary manslaughter later that same day.

Based on the video, Monroe determined that Kerrick “did not have a lawful right to discharge his weapon during this encounter.” Last January, after watching the same video, a grand jury agreed that Kerrick should be charged with voluntary manslaughter.

Similarly, bystander videos made it clear that Oscar Grant did not pose any threat that justified the use of deadly force when he was shot and killed by transit cop Johannes Mehserle at an Oakland, Calif., train station in 2009. But the jurors who heard the case against Mehserle evidently found it plausible that the shooting was accidental, because they convicted him of involuntary manslaughter, for which he received a two-year sentence.

As that verdict illustrates, video evidence may leave unresolved crucial issues concerning intent. In the Garner case, Pantaleo reportedly told the grand jury he never meant to use potentially lethal force, describing what looked like a chokehold as a sloppily executed takedown maneuver.

The Los Angeles cops who beat Rodney King in 1992 and the Fullerton, Calif., cops who killed Kelly Thomas in 2011 likewise argued that seemingly damning videos, once broken down blow by blow, actually showed appropriate responses to resistance. In both cases, jurors found the explanations persuasive enough to acquit the officers (although two of the L.A. cops were later convicted in a federal trial).

Some of these decisions suggest that grand jurors and trial jurors are excessively inclined to trust the police. Video evidence cannot eliminate that bias, but may prevent jurors from acting on it.

COPYRIGHT 2014 CREATORS.COM

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.