For the second time in as many weeks, a grand jury decision
to not indict a white police officer over the death of a black man was met with
public outraged, protest and of course civil disobedience.
Is there a patter forming here? There
most certainly is, but not one of white police officers getting away with
murdering black men. The dangerous
pattern emerging from these grand jury decisions is the unlawful disruption of
the daily lives and livelihood of hard working men and women who fall victim to
the antics of lawless protesters. These
so called protesters, whom disagree with the decision of the Michael Brown and
Eric garner grand juries, have chosen to block traffic, interrupt commerce and
in some cases, destroy property, all in the name of their perverted version of justice.
In the death of both Michael Brown and Eric Garner there was a segment of
society that possessed the predisposed opinion that nothing short of an
indictment by the grand jury, followed by a guilty verdict of the police
officers in question, would be justice, anything less would be viewed as a
corrupt and bias system against blacks, no matter the circumstance, evidence or
the rule of law.
Similarities and Differences in the Brown and Garner Cases
There are a large number of similarities between the Michael Brown and Eric
Garner incidents; the greatest of course is that a black man died as a result
of his interaction with a white law enforcement officer.
Minor infractions initiated the interaction between both Michael Brown and Eric
Garner with law enforcement, a tragic similarity which yielded a deadly consequence
for both. For Brown, the innocent act of
walking down the center of the street with his partner Darin Johnson set events
in motion, for Eric Garner it was the sale of “loosies” {single cigarettes} on
a neighborhood street in Staten Island.
Walking down the center of a public street is an infraction of the law in any
city but more concerning than the legality of the act is for the safety of
those individuals doing so. Had Michael
Brown and Darin Johnson complied with the police officer’s request to walk on
the sidewalk, the entire sequence of events that followed would likely have had
a much different outcome. However,
Michael Brown was confrontational causing what started as a simply request,
made for his safety, into a life ending encounter.
Much like the choices Michael Brown had at his disposal, Eric Garner could have
complied with law enforcement requests and subsequently walked away with a misdemeanor
ticket. Instead, an immediate escalation
on the part of Garner ultimately led to a tragic ending.
Eric Garner was not new to encounters with law enforcement having run up a long
list of arrests numbering over 30 in as many years including resisting arrest. At the time of the incident that led to his
death, Mr. Garner had three misdemeanor cases pending in the Stapleton Criminal
Court for selling untaxed cigarettes.
If there is any similarity in the encounters with law enforcement for Michael
Brown, we will likely never know. Having
recently turned 18, Michael Brown did not have an adult criminal record. There has been both speculation and rumor
that Brown had accumulated a substantial juvenile criminal record however,
that record is sealed and will remain so pending a court action to release it,
which is highly unlikely to happen.
What is known of Michael Browns criminal past is that just a short time before
his demise, he was captured on a surveillance camera in the act of a strong arm
robbery where he physically assaulted a store clerk and stole several packages
of cigarillos.
Certainly a crime was committed by Michael Brown, as was admitted by his
accomplice. The question many are asking
themselves is, was this Brown’s first unlawful act, his second or maybe just
one of many that has taken place? For
certain, Michael Brown does not appear to be nervous or even concerned with the
fact that he is breaking the law and seemed quite comfortable ruff-handling the
store clerk. Unless other evidence is
release, whether or not Michael Brown had a behavior of criminal activity will
be for each individual to form their own opinion, for now all we have is a
video clip to base our opinion on.
And one final similarity, the size of these two men. Both Michael Brown and Eric Garner were large
men, very large men. Be it they were gentle
giants or crazed mad men would have little relevance to the fact that they were
both larger men than any single law enforcement officer could manage in a
physical confrontation.
Unlike the large number of similarities between these two incidents, the number
of differences are very few, the most significant of which is that the police
interaction with Eric Garner was captured on video, where there is no such
video for Michael Brown.
The False Message
In Ferguson Missouri, it didn’t take long for the word to spread. The account told by Darian Johnson, the young
man who had engaged in the theft of the cigarillos and was with Brown when the
police officer first made contact, claimed that “Big Mike”, as he refers to his
friend Michael Brown, had his hands in the air and was telling the officer to
stop shooting right before receiving a fatal shot to the head.
Darian Johnson’s account of the shooting ran like wild fire through the small, predominantly
black community of Ferguson and quickly became the major buzz across social
media. Derived from what later would be
proven to be a complete fabrication of events, “Hands Up Don’t Shoot” was adopted
as the symbol used by protesters and others calling for justice in what they
were now claiming to be an epidemic of police officer shootings of black men
across the nation.
Both eye witness accounts and forensic evidence disproved literally all of
Darian Johnson’s account of what took place and concluded well beyond any
reasonable doubt that Michael Brown did not have his hands in the air, in
surrender to the police officer, at the time he was fatally shot. And yet, raised hands and the Hands Up Don’t
Shoot mantra continue to be used by those who believe that the justice system
is bias against black men.
Much the same holds true in the “I Can’t Breathe” catchphrase that emerged out
of what the public and media have falsely described as the choking death of
Eric Garner.
Having well over 30 previous incidents with law enforcement, what may be best
described as another routine encounter between Eric Garner and the New York
Police Department turned into a wrestling match between the 400 pound Garner
and several of New York's finest.
Caught on amateur video, the words “I Can’t Breathe” where clearly repeated
several times by Eric Garner as police officers struggled to place him in to
custody. In the act of doing so, one police
officer did in fact momentarily placed Mr. Garner in some form of a chokehold. And like those who took a fictitious claim of
“Hands Up Don’t Shoot” and turned it into a national symbol of police
wrongdoing in the Michal Brown incident, those eager to place blame on law enforcement
did the same with the Mr. Garner’s repeating of “I Can’t Breathe”.
Nobody knows what evidence was taken in to account by the Eric Garner Grand
Jury but for the general public, all focus has been placed on the police
officers chokehold. Terribly false
accusations against the police officer have stemmed from his use of the chokehold, many claiming that the officer purposely strangled Eric Garner to death
because he was a black man. These highly
irresponsible allegations are responsible for what has led to the massive
protests we are seeing in the streets of New York and across the nation.
But Eric Garner did not die at the hands of a racist police officer, his death occurred
as a result of his poor health and a poorer decision to resist arrest. The chokehold that Mr. Garner’s was placed
in was released at his first plea that he could not breathe {watch the video} . Eric Garner continued to call out that he
could not breathe several times after the police officer release his hold on Garner.
The medical examiner’s report indicated that the chokehold, along with a
number of other factors, mostly poor health and Mr. Garner stressing himself while
fighting with police officers, triggered the heart attack to which he died from
several minutes after the confrontation with law enforcement officers.
Based on a very small number of incidents that happened over a similarly small
length of time, somehow a national outrage has occurred, perpetuating the notion
that there is some kind of long standing epidemic of white police officers killing
black men. Nothing could be further from
the truth as was best demonstrated in exchange between Fox News’s Bill O’Reillyand Tavis Smily. O’Reilly lays out some
pretty damaging statistics at about the 7 minute mark that destroys the
narrative that blacks are being targeted disproportionally by white police
officers.
I Think Thou Doth Protest Incorrectly
The US Constitution guarantees each American the Freedom to Assemble and the
Freedom of Speech which combined are viewed as the basic human right to
protest. Protest is a necessary part of
our country, they provide the means to ensure that no one voice can be drowned
out by another. Protest is a powerful
thing and as such is far too often abused.
Specifically referring to the Freedom of Speech, while the constitution does guarantee
ones right to communicate their opinions and ideas, it protects the rights of
others who do not wish to listen, i.e., a person does not have the
constitutional right to force their freedom of speech upon another, which leads
us to Freedom of Assembly.
The US Constitution makes clear the right of the people to peaceably assemble
and to petition the Government without fear of punishment or reprisal. The constitution does not however bear free
reign to those who assembly and is explicit that in exercising ones Freedom to
Assembly, doing so must be compatible with the normal activity of a particular
place at a particular time. In simpler
terms, the Freedom to Assembly does not grant the right to anyone to disrupt
the lives, travel and routine of others, including the disruption of commerce.
The deaths of Michael Brown and the Eric Garner have sparked protest which
spread across the nation after the grand jury decision, in both cases, to not
indict the police officer said to be responsible for their deaths and rightly
so. For many, they truly believe that justice
was not properly served and through peaceful protest they are able to air their
grievance. For others however, the deaths of both of these men provides little
more than an excuse to disrupt the lives of hard working men and women as well
as commerce. The latter sends the wrong
message and only enrages those who do not share their views.
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