The Supreme Court has agreed to hear County of Los Angeles v. Mendez. This case will determine whether the provocation rule conflicts with Graham v. Connor.

Los Angeles v. Mendez is a police brutality case where two people sued police for entering their residence without a warrant and shooting them for grabbing a BB gun in defense. One of the victims was 5 months pregnant.

The Provocation Rule protects victims of police brutality by holding them accountable for unconstitutional actions leading up to and during an event.

Graham v. Connor determines the “reasonableness” of an officers actions. When challenged, officers usually use this as their defense and get away with it.

McDougald Terrace Residents Say the Cop Who Killed Frank Clark Has Terrorized Them for Years
Officer Charles Barkley shot and killed Clark on November 22, under disputed circumstances
By Ken Fine

A Dodge Charger circles the block, slow-rolling past the weathered brick buildings and trampled-down green spaces nestled inside the Durham Housing Authority’s McDougald Terrace project.  Tinted windows prevent local residents from making out the driver, but they don’t need to see his face to know his identity.  Neither the vehicle nor the man are strangers here.  But both strike fear in the hearts of children and convicted felons alike.  As soon as they spot one or the other, they run.

“He lookin’ for trouble.  He always lookin’ for trouble,” says a woman in her fifties, who has lived in McDougald for “longer than I’d care to talk about."  "He scares them.  Good Lord, he scares me — and I’m an old lady.”

So when Master Officer Charles S. Barkley was officially identified as the Durham police officer who fatally shot thirty-four-year-old Frank “Scooter Bug” Clark November 22, none of the two dozen-plus McDougald residents interviewed for this story was surprised.  Many already knew because they’d witnessed the incident.  Others, a twenty-six-year-old man told the INDY, “just know Barkley."  (Both Clark and Barkley are African American.)

"I mean, this is a cop who has terrorized this community for years.  It’s always a shakedown,” the man said.  “You can’t find me one person on this block who got a decent thing to say about him — you know, unless they lying ‘cause they scared.”

Jasmine Lloyd, the mother of Clark’s child, put it more bluntly.  “I’ve been holding this in my heart since I was twelve years old,” she said during a press conference last week.  “Barkley needs to go.  Something’s got to give.  He’s dirty.”

That Barkley is, in fact, dirty has not yet been proven.  But twenty-five residents of McDougald and Rochelle Manor — another low-income apartment complex Barkley patrols — interviewed by the INDY since Clark died say they had run-ins with him that they deemed less than professional.  Eleven women each said, in separate interviews, that Barkley referred to them as “bitch."  And on more than one occasion, they accused him of using excessive force.

In 2006, Barkley allegedly used a flashlight to break up a fight between two teenage girls outside of Jordan High School, an incident that left a fifteen-year-old with a fractured skull.  And those who gathered at McDougald last Wednesday afternoon for a press conference — a legal team from the Southern Coalition for Social Justice, a nonprofit that advocates for communities of color and the economically disadvantaged, joined grieving family members, friends, activists, and neighbors to demand justice for Clark — detailed a "history with these officers,” including a 2014 incident in which Barkley and the other two officers involved in Clark’s death, M.D. Southerland and C.Q. Goss, arrested three people in the Bentwood community “after tasing and beating three generations of one family.”

When asked at a news conference to comment on the officers’ records, police chief C.J. Davis offered no details about previous complaints or the 2014 incident.  And when pressed by the INDY about why Barkley felt the need to fire at Clark, she declined to comment, citing an “ongoing investigation."  The DPD declined to make Barkley available for an interview.

But Ian Mance, one of the attorneys who represented the Alston family after the Bentwood incident, says the police "injected themselves into a situation that didn’t require police at all.”

“When it was all said and done, they had knocked Mrs. [Sheila] Alston off of her feet — a sixty-one-year-old woman — they had tased her fourteen-year-old grandson, and they had also tased the child’s father,” he says.  “And after they had done all this, they realized how bad this looked, and so they huddled together and decided to bring criminal charges against all three members of the family.”

Those charges were later dismissed, and the officers became the subjects of an internal investigation.  Southerland was disciplined, but the details of his punishment were never disclosed.  Barkley and Goss were cleared, a result Mance blames on the DPD’s refusal to rely on eyewitness testimony from neighbors who watched the incident unfold.

“We have had many conversations with the city of Durham, specifically the Durham Police Department, about these very officers, and we stated in no uncertain terms a year and a half ago that we believed these officers represented a threat to this community,” Mance says.  “I feel that in this case, our institutions failed us.  These officers had no business being on the street after what happened to the Alston family.”

But the coalition’s words fell on deaf ears, Mance says.

Just what happened after Barkley, Goss, and Southerland arrived at McDougald Terrace two days before Thanksgiving is still under investigation by the State Bureau of Investigation.

But multiple residents who say they were eyewitnesses tell the INDY that Clark was shot in the back of the head as he fled.  That version of events appears to better align with two photographs of the scene and of Clark obtained by the INDY than the DPD’s initial report on the shooting.  The first photograph shows shell casings from the officer’s gun located on the ground some twenty feet from where Clark fell; the latter appears to show a bullet wound to the top left of the back of Clark’s head.

The DPD declined to comment for this story.  The city’s report, meanwhile — which Davis acknowledged Friday was “based upon initial supplemental reports from supervisors and officers who responded to the incident” and 911 calls — does not contain testimony from the officers involved.

It does, however, say that Southerland “saw a man near Building 60 [of McDougald Terrace] and got out of his patrol car to speak with him.”   During the conversation, that man, Clark, “reached for his waistband and a struggle ensued."  During the purported struggle, "the officers heard a shot, Officer Southerland fell to the ground and Master Officer Barkley fired his duty weapon in response.”

McDougald residents call that story a fabrication.  More than a dozen agreed that Clark was not holding or pointing a gun when he fled from the officers; instead, they say, Southerland fell down, and Barkley started shooting.  Dave Hall, an attorney from the Southern Coalition for Social Justice, says the report contained “spotty and inconsistent facts” and omitted the answers to critical questions.

“This report is very minimal on actual facts,” he said during last week’s news conference.  “What we have in the actual report is roughly two lines of substance"— essentially, the deceased’s name, the location and time of the incident, and the identities of the officers involved.

He called on the DPD to conduct gunshot residue tests on Clark, his clothing, and the officers.  He asked that DNA tests be conducted on the loaded gun police say they found near the victim’s body.  And he demanded that an inquiry be made into past allegations of excessive force against Barkley, Southerland, and Goss, and that those findings be released to the public.

The SBI has told city officials that it has no timeline for the completion of its investigation.  But city council members Jillian Johnson, Steve Schewel, and Charlie Reece have emailed city manager Tom Bonfield seeking answers, with Johnson saying that she was "struggling to understand why these officers were still employed by the Durham Police Department” after the 2014 incident with the Alston family.

She also speculated that “these officers aren’t the only ones with these sorts of histories.”

“I feel really concerned that there are people who have these track records of excessive force who haven’t been removed from the police department for whatever reason,” Johnson told the INDY Monday night.

More articles on this event here.

anonymous asked:

Would you say that something is definitely wrong with race relations? Are identity politics fueling the recent racial tensions? How do you think we move forward? And finally do you think social justice that is family led, not state driven, should be looked at?

Oh yeah; race relations have always been rocky since the beginning. They’ve obviously improved greatly over the past few decades, but with events like Trump’s presidency, police shootings/blm, or even the DAPL attention on race has come back to light. While there are some legit concerns, part of that could be attributed to the media trying to sensationalize everything.

I think honest and rational discussion without so much sweeping generalizations (that inevitably come from the obsession with I.D politics) would do us a lot of good.

I have worked in 60 countries, covered wars in Iraq and Afghanistan, and spent much of 2014 living inside West Africa’s Ebola zone, a place gripped by fear and death. What I experienced in the Philippines felt like a new level of ruthlessness: police officers’ summarily shooting anyone suspected of dealing or even using drugs, vigilantes’ taking seriously Mr. Duterte’s call to ‘slaughter them all.’

He said in October, 'You can expect 20,000 or 30,000 more.’

On Saturday, Mr. Duterte said that, in a telephone call the day before, President-elect Donald J. Trump had endorsed the brutal antidrug campaign and invited him to visit New York and Washington. 'He said that, well, we are doing it as a sovereign nation, the right way,’ Mr. Duterte said in a summary of the call released by his office.

Police Officer Accidentally Shoots Off Finger During A Dog Attack

Please see UPDATE list at http://losttoy.tumblr.com/post/136395727651/black-people-killed-by-police-2015-as-of-jan-1

Blacks killed by police in 2015 (as of March 22nd)
Bernard Moore 62
Lavall Hall 25
Jonathan Ryan Paul 42
Jamie Croom 31
Terry Garnett Jr. 37
Monique Jenee Deckard 43
Tony Terrell Robinson Jr. 19
Tyrone Ryerson Lawrence 45
Naeschylus Vinzant 37
Andrew Anthony Williams 48
Dewayne Deshawn Ward Jr. 29
Ledarius Williams 23
Yvette Henderson 38
Edward Donnell Bright, Sr. 56
Thomas Allen Jr. 34
Charley Leundeu Keunang, “Africa” 43
Fednel Rhinvil 25
Shaquille C. Barrow 20
Kendre Omari Alston 16
Brandon Jones 18
Darrell “Hubbard” Gatewood 47
Cornelius J. Parker 28
Ian Sherrod 40
Jermonte Fletcher 33
Darin Hutchins 26
Glenn C. Lewis 37
Calvon A. Reid 39
Tiano Meton 25
Demaris Turner 29
Isaac Holmes 19
A’Donte Washington 16
Terry Price 41
Stanley Lamar Grant 38
Askari Roberts 35
Dewayne Carr 42
Terrance Moxley 29
Theodore Johnson 64
Cedrick Lamont Bishop 30
Anthony Hill 27
Terence D. Walke 21
Janisha Fonville 20
Phillip Watkins 23
Anthony Bess 49
Desmond Luster, Sr. 45
James Howard Allen 74
Natasha McKenna 37
Herbert Hill 26
Markell Atkins 36
Kavonda Earl Payton 39
Rodney Walker 23
Donte Sowell 27
Mario A. Jordan 34
Artago Damon Howard 36
Andre Larone Murphy Sr. 42
Marcus Ryan Golden 24
Brian Pickett 26
Hashim Hanif Ibn Abdul-Rasheed 41
Ronald Sneed 31
Leslie Sapp III 47
Matthew Ajibade 22

Blacks killed by police in 2014
Kevin Davis, 44
Eric Tyrone Forbes, 28
Jerame C. Reid, 36
David Andre Scott, 28
Quentin Smith, 23
Terrence Gilbert, 25
Carlton Wayne Smith, 20
Gregory Marcus Gray, 33
Antonio Martin, 18
Tyrone Davis, 43
Xavier McDonald, 16
Brandon Tate-Brown, 26
Dennis Grisgby, 35
Michael D. Sulton, 23
Thurrell Jowers, 22
Travis Faison, 24
Calvin Peters, 49
Christopher Bernard Doss, 41
Jerry Nowlin, 39
William Mark Jones, 50
Rumain Brisbon, 34
Lincoln Price, 24
Eric Ricks, 30
Leonardo Marquette Little, 33
Tamir E. Rice, 12
Akai Gurley, 28
Myron De’Shawn May, 39
Keara Crowder, 29
Tanisha N. Anderson, 37
Darnell Dayron Stafford, 31
David Yearby, 27
Aura Rosser, 40
Carlos Davenport, 51
Cinque DJahspora, 20
Rauphael Thomas, 29
Christopher M. Anderson, 27
Charles Emmett Logan, 68
John T. Wilson, III, 22
Christopher Mason McCray, 17
Kaldrick Donald, 24
Zale Thompson, 32
Terrell Lucas, 22
Ronnie D. McNary, 44
Adam Ardett Madison, 28
Balantine Mbegbu, 65
Elisha Glass, 20
Qusean Whitten, 18
Vonderrit Myers Jr., 18
O’Shaine Evans, 26
Latandra Ellington, 36
Aljarreau Cross, 29
Iretha Lilly, 37
Lashano J. Gilbert, 31
Miguel Benton, 19
Eugene Williams, 38
Tracy A. Wade, 39
Javonta Darden, 20
Marlon S. Woodstock, 38
Oliver Jarrod Gregoire, 26
Nolan Anderson, 50
Cameron Tillman, 14
John Jolly Jr., 28
Charles Smith, 29
Michael Willis Jr., 42
Briant Paula, 26
Kashad Ashford, 23
Carrey Brown, 26
Ceasar Adams, 36
Ricky Deangelo Hinkle, 47
Elijah Jackson, 33
Darrien Nathaniel Hunt, 22
Shawn Brown, 20
Alphonse Edward Perkins, 50
Naim Owens, 22
Kendrick Brown, 35
Eugene N. Turner III, 28
Ronald Singleton, 45
Jeremy Lewis, 33
Vernicia Woodward, 26
Cortez Washington, 32
Steven Lashone Douglas, 29
Desean Pittman, 20
Roshad McIntosh, 18
Anthony Lamar Brown, 39
Arvel Douglas Williams, 30
Darius Cole-Garrit, 21
Kajieme Powell, 25
David Ellis, 29
Luther Lathron Walker, 38
Andre Maurice Jones, 37
Frederick R. Miller, 38
Michelle Cusseaux, 50
Dante Parker, 36
Corey Levert Tanner, 24
Ezell Ford, 25
Robert Baltimore, 34
Dustin Keith Glover, 27
Eddie Davis, 67
Michael Brown, Jr., 18
Michael Laray Dozer, 26
John Crawford III, 22
Daniel Row, 37
Jacorey Calhoun, 23
Anthony Callaway, 27
Patrick Small, 27
Harrison Carter, 29
Vamond Arqui Elmore, 37
Donovan Bayton, 54
Charles Leon Johnson, II, 29
Briatay McDuffie, 19
Jonathan L. Williams, 25
Eric Garner, 43
Dominique Charon Lewis, 23
Michael Reams, 47
Lawrence Campbell, 27
Kenny Clinton Walker, 23
Tyshawn Hancock, 37
Charles Goodridge, 53
Cedric Stanley, 35
Ennis Labaux, 37
Warren Robinson, 16
Christopher Jones, 30
Icarus Randolph, 26
Jacqueline Nichols, 64
Jerry Dwight Brown, 41
Nyocomus Garnett, 35
Rodney Hodge, 33
Paul Ray Kemp Jr., 40
Dennis Hicks, 29
Samuel Johnson, 45
Lavon King, 20
Antoine Dominique Hunter, 24
Samuel Shields, 49
Juan May, 45
Denzell Curnell, 19
Ismael Sadiq, 30
Devaron Ricardo Wilburn, 21
John Schneider, 24
Jason Harrison, 38
Frank Rhodes, 61
Roylee Vell Dixon, 48
Broderick Johnson, 21
David Latham, 35
Lonnie Flemming, 31
Steven Thompson, 26
Thomas Dewitt Johnson, 28
Frank McQueen, 34
Sandy Jamel McCall, 33
Quintico Goolsby, 36
Dominique Franklin, Jr., 23
George V. King, 19
James Renee White Jr., 21
Devante Kyshon Hinds, 21
Pearlie Golden, 93
Jerome Dexter Christmas, 44
Armand Martin, 50
Dontre H. Hamilton, 31
Joe Huff, 86
Emmanuel Wooten
Matthew Walker, 55
Daniel Christoph Yealu, 29
Adrian Williams, 29
Gregory Towns, 24
Jameel Kareem Ofurum Harrison, 34
Zikarious Jaquan Flint, 20
Raason Shaw, 20
DeAndre Lloyd Starks, 27
Douglas Cooper, 18
Winfield Carlton Fisher III, 32
Deosaran Maharaj, 51
Daniel Martin, 47
Emerson Clayton Jr., 21
Rebecca Lynn Oliver, 24
Treon “Tree” Johnson, 27
Gabriella Monique Nevarez, 22
Marquise Jones, 23
Kenneth Christopher Lucas, 38
Keith Atkinson, 31
Yvette Smith, 45
D’Andre Berghardt Jr., 20
Stephon Averyhart, 27
Anthony Bartley, 21
Earnest Satterwhite, Sr., 68
Anneson Joseph, 28
Alton Reaves, 31
McKenzie Cochran, 25
Cornelius Turner, 19
Eldrin Loren Smart, 31
Henry Jackson, 19
Jordan Baker, 26
Gregory Vaughn Hill Jr., 30
Paul Smith, 58
Jeffrey Ragland, 50
Kendall Alexander, 34

First thing, this was put together early in the morning on March 22 using information from www.killedbypolice.net. This passes no judgment on guilt or innocence, just a full list. Second thing, this not include people like Travon Martin or Jordan Davis, who were killed by “stand your ground” laws by civilians. This also does not include kids like Lennon Lacy who found hanging from a swing set in North Carolina in what looks like a lynching. I also did not include anything pre-2014 since the whole “black lives matter” started. This by far is not a complete list.

However, this list is important. Sure Michael Brown, Eric Garner and Tamir Rice just get the headlines, but every name needs to be remembered.

Please see UPDATE list at http://losttoy.tumblr.com/post/136395727651/black-people-killed-by-police-2015-as-of-jan-1


A 12-year-old boy has been shot dead by police in the US as he played with a fake gun in a park.

Tamir Rice, who was black, died of his wounds yesterday in hospital after being shot twice in Cleveland, Ohio, on Saturday.

A member of the public had phoned police saying people in the playground were scared by someone brandishing what looked like a gun.

In a recording released by officials, the caller can be heard saying: “There’s a guy with a pistol…you know, it’s probably fake but he’s pointing it at everybody.

“I don’t know if it’s real or not.“

The 911 responder twice asked whether the boy was black or white before dispatching officers.

When police arrived at the Cudell Recreation Center park, they told Tamir to raise his hands, deputy police chief Ed Tomba said.

When he allegedly took the replica gun from his waistband, an officer fired twice despite the fact the suspected weapon was not pointed at them and no threats were made.

The gun was an "airsoft” type replica that resembled a semi-automatic handgun. Fake weapons normally have an orange safety indicator on the muzzle but it had been removed, police said.

Cleveland police are investigating the shooting and the two officers involved have been placed on administrative leave in accordance with procedure.

Tamir’s father, Gregory Henderson, told local newspaper the Cleveland Plain Dealer that his son was a “respectful” young man and said the police should have tasered him instead of using live ammunition if they felt threatened.

Referring to police, he added: “You shot him twice, not once, and at the end of the day you all don’t shoot for the legs, you shoot for the upper body.”

After reviewing the evidence, prosecutors will present the case to a grand jury, which will decide whether the officer was justified in using deadly force against the boy.

A lawyer for Tamir’s family, Timothy Kucharski, said he had gone to the park with friends as normal on Saturday afternoon but did not know the details of what led to the shooting.

“We’re ultimately going to find out what happened,” he added.

Jeff Follmer, president of the Cleveland Police Patrolmen’s Association, said the officers involved were not told the caller thought the gun might be fake.

Tamir’s death has sparked calls for new laws in Ohio to require all BB guns, air rifles and airsoft guns sold in the state to be brightly marked to show they are fake. A similar bill is being implemented in California.

It comes after another black man with an air rifle was shot dead in Ohio in August.

John Crawford III, 22, was killed after a man called 911 to report he was carrying a gun in a Wal-Mart supermarket.

Police said they believed the air rifle Crawford had picked up was a real rifle and that he didn’t respond to commands to drop it but his family said he had just picked it up from a shelf while shopping.

A special grand jury concluded police officers’ actions were justified and the US Department of Justice is investigating.

The latest fatal police shooting comes as a grand jury in Missouri decides whether to indict a white police officer for shooting dead Michael Brown, an unarmed black teenager.

His death in August sparked weeks of protests and unrest in Ferguson, St Louis, and a harsh crackdown by riot police with armoured vehicles and tear gas.

The case has drawn international attention to the treatment of young black men by police in the US, reigniting racial tensions in some communities.



Police shoot pregnant mother’s dog in her own driveway

Expectant mother Jessica Cabrera now has a new reason to hate Mondays. Two weeks ago, the gate to her backyard in Sun Valley, Calif. was somehow left open, and her dogs got out. The dogs, being dogs, enjoyed the freedom of not being “gated” but quickly came back to their home. Cabrera’s 4-year-old mixed Pit bull Drake, probably should have stayed away. Drake was shot in the head by the LAPD before his owners even knew the gate was open.

A neighbor must have called the police about the dogs being outside. The LAPD never attempted to contact Cabrera, who was right inside the house watching her 16-month-old daughter. According to the police, when they found the dogs on Cabrera’s property, one of the dogs “ran away” from the approaching LAPD. Drake, who had been playing with Cabrera’s daughter since she was an infant, “walked” towards the police. There was no mention of Drake acting aggressively, barking, or even growling, just “walking”.

The “walking” was apparently too much for the two officers, and one of them shot Drake in the eye, most likely expecting the dog to be killed. Edwin Ayala, Cabrera’s husband, was just coming home from work. He pulled into his driveway to the sound of gunshots and saw two police officers in the back driveway. “He was three seconds too late,” Cabrera told the Examiner.

Cabrera rushed Drake to the veterinarian, and they were able to save his life, at a cost. Cabrera described the wounds on GoFundMe, a crowdsourcing website she’s using to try to pay the thousands of dollars it will cost to keep Drake alive.

“Our dog has suffered severe trauma to his head and eye, and will now be disabled for the remainder of his life. The vet had to remove his eye, which was completely ruptured, he has brain damage and shattered bones all in his face. His nasal cavity has also been destroyed. The vet could not believe the damage that this all did, she said if it happened to a human we would be dead because the impact was so hard it destroyed all the muscles and nerves in his face.”

READ MORE http://www.examiner.com/article/police-shoot-pregnant-mother-s-dog-her-own-driveway

DONATE TO DRAKE’S VET BILLS http://www.gofundme.com/justicefordrake


Hackers Shut Down City of Cleveland’s Website After Shooting Death of Tamir Rice

Posted by Alaina McConnell on Mon, Nov 24, 2014 at 9:28 AM

The City of Cleveland’s website 

went down this morning

, and a group of hackers called “Anonymous” is claiming responsibility after 

news broke this weekend

 that local police shot and killed 12-year-old Tamir Rice. A 

YouTube video

 from the group has also emerged with the following message:

Hello Citizens of the world, we are anonymous… Today we have recently learned of the tragic death of 12 year old Temir Rice, who got shot twice in the stomach for having a BB gun and whose fate was decided by an overzealous rookie officer… The Cleveland police department has refused to release the name of this childs murderer…. A quote from counter current news states that “They acknowledged that a 12-year-old was shot in the stomach by a First District officer. They would not reveal the name of that officer. When we asked them if the child was armed, they hesitated and said we really can’t say. This Rookie officer apparently was not trained. The police department he works for is to blame for this lack of appropriate training Officers are equipped with many non-lethal options such as Taser guns. Why did he not use a Taser on this child? Shooting him in cold blood was not necessary with these non-lethal options available. Are the police so moronic that they have to use the so called lethal force? The excuse “ We were feared for our lives” is Ludacris when the victim was only 12 years old and only had possession of a toy airsoft gun… Police of the United States you will learn in due time once anonymous has shut down your sites that we will not stand for your ignorant untrained rookie cops. We Are Anonymous. We Are Legion. We Do Not Forgive. We Do Not Forget. Expect Us.

Not much else is known about the hackers at this time, though WKYC reports that officials are investigating the cyber attack.

"Anonymous” isn’t the only group up in arms about the tragic weekend shooting. A group of protesters is slated to take to Public Square this afternoon on behalf of Rice, and Tanesha Anderson, a 37-year-old schizophrenic woman who died in police hands earlier this month. 

#staywoke #farfromover #blacklivesmatter


In all of the melee resulting from the shooting of Michael Brown by Officer Darren Wilson, the media has overlooked a number of other very important shootings of unarmed civilians by police officers. One of the most egregious offenses is that of Officer Joseph Weekley’s fatal shooting of 7-year-old Aiyana Stanley-Jones.

Officer Weekley recently saw manslaughter charge dropped against him, for shooting the 7-year-old while she slept.

The Detroit police officer had been on trial for involuntary manslaughter who was shot and killed during a 2010 police raid.

But early in October, Wayne County Circuit Court Judge Cynthia Gray Hathaway granted a motion which Weekley’s attorney had filed, arguing for the dismissal of the felony charge he faced in the young girl’s death.

The trial was brought to an end while the Michigan Court of Appeals reviewed an emergency appeal of the ruling.

Presiding Judge Michael Talbot issued the order to deny the appeal and allow the judge’s dismal to stand.

“Although I find that the trial court erred in form and substance in granting defendant’s motion for directed verdict, we are barred from reviewing that decision,” Talbot wrote.

The shooting happened just after midnight, back on May 16, 2010.

A SWAT team had conducted a raid to search for a murder suspect. Weekly ended up being first through the door.

There was even a film crew on hand to film for a reality show about murder investigations. Weekley says that another SWAT member had thrown a flash-bang grenade, which temporarily blinded him. That’s when he fired the shot that killed Aiyana who was asleep on the couch in the front room of the house.

Doubling down on this claim, in court he actually testified that Aiyana’s grandmother had somehow “touched” his gun, which made him fire the shot. But he failed to explain how he could tell she had done this when he claimed he couldn’t see anything at the time.

The prosecution noted that even having his finger on the trigger of his submachine gun was improper. “He could have avoided injury if he had followed his training,” Assistant Wayne County Prosecutor Robert Moran explained.

“He didn’t, and as a result of him not following his training and not following the mandates of ordinary care, someone was killed.”

But ultimately, the arguments and reason didn’t win out.

Roland Lawrence, the chairman of the Justice for Aiyana Committee, issued a statement after the court’s decision was announced.

“Surely, the death of a baby by a well-trained police force must be deemed unacceptable in a civilized society,” Lawrence said.

Steve Fishman, Weekley’s attorney, claimed that even though he did not dispute that his client pulled the trigger and killed the girl, “there is absolutely no evidence, none, that’s in the least bit credible, that Officer Weekley knowingly created a danger or, more importantly, intended to cause injury.”

After the dismissal, the only charge Weekley faced, was a relatively minor misdemeanor charge of “careless discharge of a firearm causing death.”



El Cajon police kill 30-year-old black man Alfred Olango

Police in El Cajon, California, fatally shot 30-year-old black man Alfred Olango who some witnesses said was unarmed, had mental disabilities, and had his hands up in the air, NBC 7 San Diego reported on Tuesday evening, spurring protests even as authorities disputed the circumstances of the shooting.

Authorities say officers responded to reports of an “erratic subject” who refused to comply with orders at a public shopping center in the city. At least one officer subsequently opened fire. There were also reports that 911 was called because Olango was having a seizure.

As sizable protests formed at the scene, they were met with an equipped police presence.

Last night police in riot gear marched down West Florissant Avenue, ordering people to leave the area and firing tear gas onto the streets. Police even fired tear gas into the backyard of a home where several people held their “hands up” in what’s become a symbol of protest over the shooting of Michael Brown.
Daily RFT caught the melee on video.

The incident occurred after police had already evacuated nearly everybody on West Florissant Avenue. Between tear gas firings, a police officer bellowed “go home” into a loudspeaker. It took about an hour, but nearly everybody within vicinity of the police left the streets.

Yet a group of four male protesters remained defiant on West Florissant, screaming profanities at the police and putting their hands in the air. The police responded with threats of tear gas.

“Turn around and leave or we will deploy gas,” shouted a police officer through a loudspeaker. Residents in their backyards pleaded for the men to get out of the street. After a few minutes of prodding, they did so. But the police still decided to advance.

Standing in his backyard along with a few friends and family was 24-year-old Rich West. And after seeing the police deploy tear gas as they marched down the empty street, West and his friends felt like protesting.

“You go home! You go home!” they chanted. As the police come closer, they all put their hands up.

Once again, the police officer with the megaphone ordered the protesters to go home.

“We’re in our yard!” they responded.

At one point West walked to his fence with his hands high up in the air.

“This my property! This my property!” he shouted, prompting police to fire a tear gas canister directly at his face. He moved at the last second.

“This my shit!” West screamed irately after narrowly avoiding the gas canister. Eventually a friend grabbed him and pulled him back to calm him down.

“This is my backyard! This is my shit!” West continued screaming into the camera. He turned to the police: “Y'all go the fuck home!”

“This is our home. This is our residence,” West’s brother added. “Why do you think people say ‘fuck the police?’ Because of that shit.”

Flora Busby, West’s mother, a soft-spoken woman in her 60s, came into the backyard to see if her sons were alright.

“We in our backyard!” she said. “Why you gotta shoot us?”

Again West shouted at the police. And again they fired another gas canister into the yard – this one nearly hitting his house.

“It’s pure ignorance,” West responded after catching his breath. “I pay property taxes here. I should be able to be in my backyard any time.”

He said that regular harassment by the Ferguson police department, often in the form of traffic stops, has been occurring ever since he was sixteen years old.

“They ain’t gotta be throwing tear gas in my backyard,” added Busby. “This is my property. We were just standing back there, my son was standing back there, and I go to see about him and they threw it.”

She continued: “I’m angry about that. They shouldn’t be doing that. And they didn’t need to kill the poor little boy. ”