Thursday, November 27, 2014

Ferguson, my view

An 18 year old 300 bound adult, that was the size of defensive linemen in the NFL goes into a store and steals a box of cigars.  When exiting the store he was confronted by the store owner and he pushed the store owner out of the way elevating the theft to robbery when he used forced against the store owner.  Of course we cannot say that since this so called youngster was a gentle giant that probably got away with things by using his size to intimidate and put fear into those that objective to his actions. 

A police officer that was just completing a call on a medical emergency and upon leaving that scene hears a call of this robbery and notified his dispatch that he would respond.  Upon traveling to the scene he observes two black males walking down the center of the street and while passing by directs them to move to the sidewalk.  The two do not, and at that moment he again receives a call from his dispatch with description of the perpetrators and realizes it is those two males walking in the street.  He turns his patrol car around, notifies his dispatch he has contact with the two perpetrators and requested back-up.  When he approached the so called gentle giant, then the confrontation began while the officer was sitting in his vehicle.  This then led to the gentle giant attempting to grab the officer’s gun and if he had been successful, in all probability would have used it against the officer.  Fortunately, the officer was successful in maintaining control of his firearm and during the scuffle at least two shots were fired and it appears one bullet struck the gentle giant in his thumb.  The gentle giant them attempted to leave the scene and the officer than pursued the now felon (Two felonies, the store robbery and the assault on the police officer) on foot where the next confrontation took place.  The officer directed the gentle giant to stop and the gentle giant then turned to face the officer and walked toward the officer.  Having nearly lost his life in the initial confrontation, telling the gentle giant to stop, and then seeing the gentle giant was not listening to his command and undoubtedly with the initial life threatening confrontation that just took place previously, and fearing the next confrontation could be fatal to the officer, the officer fired his firearm again.  Now the gentle giant after being shot again was closer to the officer and then in an apparent rage, began to charge at the officer with his head down as if he was a football player going to tackle another player, but this time the officer fired again and one of the bullets entered the top of the head of the gentle giant, killing the gentle giant.    Both forensic evidence and witness statements, collaborate the officer’s statement of the facts of the incident.  Also, these witnesses were also black that verified the officer’s statement. 

Some people say that the officers should have delayed his second confrontation with the gentle giant until additional officers arrived.  However, if this gentle giant was brazen enough to walk down the center of a street after committing a robbery shows his complete disregard of any fear of being confronted.  However, officer Wilson arrival changed that assumption and we now know the rest of the story.  The officer was assaulted and any thought of the officer remaining in his car after narrowly escaping with his life awaiting backup is contrary to what a police officer would do.  If this gentle giant could attack a police officer what would he have done with anyone else in his way as he was fleeing from two crime scenes.  Even though the officer had called for backup, he was still obligated to continue in attempting to arrest the gentle giant.  Remember, Ferguson has a 53 man police force and how many of them are on patrol at any one time and how many are performing in house functions is unknown at this time.  But in all probability, there may have been only 7-10 officers on patrol for the entire city.  So, a quick response for backup may not have been forthcoming quickly. 

As for the body of the gentle giant remaining on the ground to the displeasure of some of the residents and the family, I would remind everyone that this was a crime scene and before anything in the crime scene can be moved or handled, the crime scene personnel must perform their function.  Yes, the body of the gentle giant should have been covered and it was, but maybe not as quick as some would like.  But police vehicles normally do not carry sheets for such events. 

The District Attorney did the correct thing by presenting all evidence to the Grand Jury, since crimes of this type must go to a Grand Jury to hear the evidence and determine if an indictment is required.  Yes, we all heard the Grand Jury could indict a ham sandwich, if the DA presents evidence and withholds other evidence to get an indictment.  However, the Grand Jury presents an opportunity for all witnesses to testify under oath anonymously, without fear of their names being divulged that could lead to threats and intimidation to them and their family.  You can rest assured, especially after witnessing all the violent demonstrations in Ferguson and other parts of the country, that any witnesses identified in this case would have received threats to prevent them from testifying.  So, the DA did the correct thing.  It is just that some people cannot find any decision by a Grand Jury acceptable if it does not meet what they wanted.  By the way, I do not remember violent demonstrations when the OJ Simpson verdict was announced where a black man was accused of murdering two white people.   You decide that one. 

In any event, this officer’s life is destroyed and what his future holds remains to be seen.  Rest assured, Eric Holder will make sure the DOJ finds something to charge this officer with if only to advance his agenda.  The officer will beat the charges, but it will be costly and drag out for years. 

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