Chapter 2
Introduction
As stated, LEOs as perpetrators in homicides—legal and illegal—were present and a problem in the historical unfolding of American interactions with individuals, groups, or classes of people. However, police-perpetrated homicide was not always recognized as a national social justice problem. Before the 1960s police crisis, LEO homicides received little attention and police agencies were vague or silent on how many citizen deaths were the results of police actions. That changed in the evolving modern social climate created by the tragic events following the shooting of Michael Brown in Ferguson, Missouri (Davis, 2017; Zimring, 2017; Prator, 2018). Today, law enforcement–perpetrated homicides evoke public and social media debates. Today the killing of a citizen by a LEO under questionable or disputed circumstances receives 24/7 media attention.
Sooner or later, police agencies no matter the size or the government level will experience a police-perpetrated homicide incident. The agency must be prepared to cope with the situation. Any police homicide is problematic, but controversial and contentious details require some finesse and understanding by law enforcement authorities—virtues missing in most police CEOs. The law enforcement agency must have in place plans to handle the inevitable media coverage. However, the typical law enforcement response to police-perpetrated homicides has been a public relations disaster (see Text Box 2.1).
Text Box 2.1 Police-Perpetrated Homicides: Police Public Relations Disasters
Dr. Loretta Prator is a leading spokesperson for the accountability of police agencies for homicides caused or related to U.S. police actions. She is a retired college professor and former dean of the College of Health and Human Services at Southeast Missouri State University. She was thrust into her spokesperson role by the tragic death of her thirty-five-year-old son, a police homicide victim on January 2, 2004. According to newspaper and police reports, the unarmed African American male experiencing a mental health issue was taken to the ground, handcuffed behind his back, pepper sprayed, beaten and kicked by four members of the Chattanooga, Tennessee Police Department (Zulz, February 25, 2008). The medical examiner ruled the death a homicide. No officers were charged and the police handled the family in an admitted callous manner, leading to a civil suit. In 2006, the city of Chattanooga reached a $1.5 million settlement with the family. The terms of the settlement were:
(1) Pay the plaintiff $1, 500,000, 00, (2) have an independent expert conduct an audit of Police Department’s Office of Internal Affairs regarding existing and recommended policies and procedures for Internal Affairs investigators, and (3) consult with an independent expert regarding existing and recommended policies and procedures for current training on positional asphyxia and related topics. In addition the settlement will allow Loretta Prator, a college professor, to create a video explaining the loss of her son which will show to new recruits in several upcoming training academies or Ms. Prator will personally appear for a training session during the next three upcoming academies for new police officers.
Source: Anon, December 6, 2006.
Prator’s (2018) recent book on the death of her son in police custody under disputed details, and the disingenuous calloused reaction of the police authorities, should be required reading for all law enforcement supervisors. The Chattanooga PD reaction to the death exacerbated the grief by the family and confused and enraged large portions of the public. The same public outrage occurred following the police homicide of Michael Brown.
Michael Brown’s Death
The handling, or mishandling, of Michael Brown’s body by the Ferguson Missouri PD was barbaric. The heavy-handed militarized response by the authorities after the shooting enflamed the viewing public and resulted in riots and disturbances throughout the country. There were calls for the criminal prosecution of the officer from civil rights groups and social justice advocates. Suddenly, LEO homicides that have a long, sordid history in the United States became a national social justice issue with the fear-driven police homicide under scrutiny. The social reaction should have been anticipated.
Need to Identify the Types of Police-Perpetrated Homicides
The public reaction to the Brown homicide elevated U.S. police homicides to a social issue and a search for past examples of police homicides. The search for instances of police-perpetrated homicides revealed that citizen deaths at the hands of LEOs occurred under a variety of circumstances having little to do with police shootings. There was a real need for a typology or classification of police homicides. My preliminary search found multiple law enforcement homicides, including intentional murders, occurred before Michael Brown was shot to death. The police homicides found in my search of a convenience sample of police violence cases, combined with decades of researching misconduct and crime, buttressed by my personal experiences were used to develop a rough model of a typology of police-perpetrated homicides.
Selected Examples of LEO-Perpetrated Homicides
Many of the following selected cases come from a “List of killings by law enforcement officers in the United States 2011, 2012, 2013, 2014 and 2016” (Wikipedia.org/wiki/List…by_law-enforcement_officers_in_the United States). The examples in no way portray a scientific quantitative analysis of police homicides; however, they represent the variety of LEO-perpetrated homicides three years before and up to the death of Michael Brown in 2014 for the purpose of typology development. Cases two years after Brown’s police homicide were also included. The examples come from open-source records and not official statistics, a recommended source for information on police shootings (Zimring, 2017). However, the open-source data describes the nature of the events presented. Therefore, it was possible to go to the original newspaper sources for additional information, a necessity for typology development. The incidents are listed by preliminary type—for example, justified shootings, accidental, suicide by cop, death from non-deadly devices, in-custody homicides, and murder.
Fatal Accidental Shootings
A twenty-one-year-old man in Merced, California, was killed by stray police bullets as officers repeatedly fired at an eighteen-year-old man who pointed a gun at them. The Merced police charged the eighteen-year-old for the murder under the felony homicide rule—2011.
A firearms instructor accidentally killed a female Georgia probation officer during a training class—2011.
A Columbus, Ohio, a man called 911 to report burglars in his home and was shot and killed by the responding officer, a seventeen-year police veteran. A gun was found near the victim, but the police did not confirm where the weapon came from or if the victim had it in his hand when he was shot (Manning, July 20, 2012).
A forty-one-year-old female hostage was killed in a Stockton, California, shootout between the police and two bank robbers—2014.
A “Cops” television crew member was accidentally shot and killed by an Omaha, Nebraska police officer. He was covering a shootout between police and armed robbers.
A retired Pennsylvania State Police Corporal pleaded guilty to five counts of recklessly endangering another person. There were five troopers, including one who died, in the room when the Corporal negligently fired a loaded weapon (Clark, May 19, 2015).
NYPD officers responding to a stabbing incident killed the assailant and accidentally killed the victim—2014.
Friendly Fire Police Homicides
A
