Posted on 12/13/2017 4:42:22 AM PST by Oshkalaboomboom
The jurors who acquitted Philip Brailsford of second-degree murder last week were told to judge him based on "how a reasonable officer would act, versus a regular person with no police training," as The Arizona Republic put it. That distinction was crucial, because a "regular person" would never get away with shooting an unarmed man who was crawling on the floor, sobbing and begging for his life.
Like other recent cases in which jurors failed to hold police officers accountable for the unnecessary use of deadly force, Brailsford's acquittal shows that cops benefit from a double standard. Unlike ordinary citizens, they can kill with impunity as long as they say they were afraid, whether or not their fear was justified.
Daniel Shaver got drunk and did something stupid. But he did not deserve or need to die for it.
On January 18, 2016, Shaver, who was 26 and lived in Granbury, Texas, was staying at a La Quinta Inn in Mesa, a Phoenix suburb, while working on a job for his father-in-law's pest control company. After inviting two other hotel guests to his room for a drink, he showed them an air rifle he used for work, at one point sticking it out a window to demonstrate the scope's range.
Alarmed by the rifle's silhouette, a couple who had been using the hotel's hot tub informed the staff. That's how Brailsford and five other Mesa officers ended up confronting Shaver in a fifth-floor hallway.
The bodycam video of the encounter, which was not publicly released until after the verdict, shows that Shaver, who according to the autopsy had a blood alcohol concentration more than three times the legal threshold for driving under the influence, was confused by the strange and contradictory orders that Sgt. Charles Langley barked at him. Instead of simply handcuffing Shaver as he lay face down with his hands behind his head, under the guns of three officers, Langley inexplicably told the terrified and intoxicated man to crawl toward him.
While crawling, eyes on the floor, Shaver paused and reached toward his waistband, apparently to pull up the athletic shorts that had slipped down as he moved. That is when Brailsford fired five rounds from his AR-15 rifle.
"He could have easily and quickly drawn a weapon down on us and fired without aiming," Brailsford said later. Yet neither of the other two officers who had guns drawn on Shaver perceived the threat that Brailsford did.
One of those officers testified that he would not fire based purely on the "draw stroke" Brailsford thought he saw. He would also consider the context, such as whether a suspect is belligerent and threatening or, like Shaver, compliant, apologetic and tearful.
Brailsford said he was trained to ignore context. "We're not trained necessarily to pay attention to what a suspect is saying," he testified. "We're supposed to watch their actions and what they do with their hands."
The jury apparently accepted the counterintuitive argument that police, because of their special training, are apt to be less careful with guns than the average citizen would be. A similar dispensation seemed to be at work last June, when Minnesota jurors acquitted former St. Anthony police officer Jeronimo Yanez of manslaughter after he panicked during a traffic stop and shot a driver who was reaching for his license.
Even more astonishing was the failure of South Carolina jurors to reach a verdict in the trial of former North Charleston police officer Michael Slager, who shot an unarmed motorist in the back as he ran away. Last May, five months after that mistrial, Slager signed a federal plea agreement in which he admitted the shooting was not justified.
All three of these officers said they were afraid, but that is not enough to justify the use of deadly force. When juries fail to ask whether police have good reason to fear the people they kill, regular people have good reason to fear police.
In all fairness, these officers got a call of a gunmen, perhaps a nightmare scenario, much like the deadly Texas tower shootings. At best a rifle assassin against an unknown or random target or targets.
https://en.wikipedia.org/wiki/Charles_Joseph_Whitman
This meant that time was of the essence, that they were entering a very dangerous situation where there was a good chance that they were outgunned, where there might even be booby traps. Utterly terrifying to a cop.
Ironically, this is a situation where an ordinary person could find themselves plunged as well, the only armed person able to stop a crazed gunman or terrorist. The only difference being that they could only react once the shooting had begun. The officers didn’t have that grace.
The rest of it was the fault of the decedent, that when faced off against a brandishing police officer, your actions must be very slow and methodical as you do exactly what you are told.
The one exception is if the officer tells you to do something that you think might look like a threat to him, or immediately threatens you.
The axiom to this is when two officers are both shouting conflicting orders at you from two different angles. Which is extremely bad.
Yeah,but it must be understood that particularly when dealing with males between 10 and 80 cops are at least a little bit nervous.That's true because no matter how respectable and "mellow" a particular guy might look the cop *cannot* be 100% sure that he won't suddenly go psycho on him.
In another thread on this subject I spoke of an encounter my sister,who was driving,had with a Virginia State Trooper a few years ago.My autistic nephew and I were passengers when we were pulled over on I-95.As the trooper approached I explained to Bill (who was 21 at the time and "built") that it was important for both of us to stay perfectly silent,perfect still and to have our hands in plain sight at all times.
We both did exactly that and after the trooper,who was professional and polite,gave my sister her ticket we were on our way.
Afterward I explained to Bill that I gave those "instructions" so that the cop wouldn't be afraid of us.I doubt that he fully understood.
Actually, I did not watch the video and do not want to. I am neither sociopathic or sadistic, I do not even watch war movies anymore. The sounds are too realistic.
If he is as evil as you say, there will be a judge, here or up there, who will try him and find him guilty. I can do nothing about that.
My main point is that you do not want to get into some verbal or emotional or physical argument with a person carrying a gun. Just laying there, especially with all the conflicting stuff going on, is the best survival measure. The cop would probably have not just pulled the trigger if you were not moving. That has the best percentage of survival.
And as for what was on his rifle, there is far worse on a whole lot of weapons in ME. That is actually pretty tame. And yes, I know you snap reply will be that he is a cop, not a soldier in the field. Point taken before the spittle gets flowing.
‘And if two cops are giving conflicting orders, then you do nothing!’
I said nothing about two cops giving contradictory orders; I was talking about contradictory advice given on this thread...
‘But I will do my best to survive and not give you another chance to blame the cops for my premature death.’
cops should be every bit as blameworthy for unjustified mayhem as you or I would be...
He doesn't.
But it comforts him to believe that kind of stuff. When he is shot for "noncompliance" the thought that they would not have shot if he had not breathed will console him.
No, I do nothing in those situations. He has a gun, I do not. If I survive, there are plenty of lawyers who will be more than happy to assist me in punishing that cop, but I cannot do that if I am dead.
I have actually laid on the floor and did the rag mop thing until the cops got tired. I was a little sore, but they were even unhappier when their boss got there.
And why the ad hominum attack? I do not know you or feel there was any reason for it.
That statement looks a little wrong, let me help.
Yeah,but it must be understood that particularly when dealing with males COPS between 10 and 80 cops CITIZENS are at least a little bit nervous. That's true because no matter how respectable and "mellow" a particular guy COP might look the cop CITIZEN *cannot* be 100% sure that he won't suddenly go psycho on him.
And what truly heroic thing would you have done in this situation to survive?
I would have never been in this situation because I do not go drinking and waving my weapons around in a hotel window days after a horrific hotel shooting situation.
And you have no reason to determine whether I am “comforted “ by this or not. I do not plan on making the bad life decisions this person made which put him in that situation, so comfort has no part in it.
After watching the video, this was an execution, pure and simple. That cop should be facing life imprisonment at the very least,if not the death penalty.
There would have been nothing.
This cop was going to shoot someone. He was just looking for an excuse.
If the man had just laid there he would have shot him.
I do not plan on making the bad life decisions this person made which put him in that situation, so comfort has no part in it.
You will make other ones though. As all your bodily fluids leak out be sure to tell yourself that at least you didn't make any bad life choices. Like say, calling the police to report a suspected rape.
Maybe you misunderstood. I want to be alive so I can personally do the blaming and/or sitting in the witness stand if a cop is abusive.
It does me no good if I am dead, no matter how blameworthy the policeman is.
Pretty much agree with everything in your post.
So this is what you call "help"?
In an encounter between a "civilian" male between 10 and 80 and a cop it's much much,much,*much* more likely that it'll be the civilian that goes psycho rather than the cop.
The cop told him 3 times "Don't pull it out".
In the Slager case he fought with the guy for minutes before the shooting.
All different scenarios.
In the Shaver case the shooting was absolutely inexcusable.
You really just want to be evil to someone, don’t you?
For arguments sake, I will agree that he was looking for someone to shoot and wanted an excuse. So why give him one? If I am laying there like a sack of potatoes, not moving, not speaking, barely breathing, they have no excuse.
I live, maybe I can get him in trouble, or fired, for being abusive. But dead, I can do nothing.
And after nine deployments, I think I have a pretty good track record of making the right choices. Although there are a couple of places in the world where I have left some bodily fluids. Just not all of them.
Boy, talk about stuck on stupid.
You hopscotch and play simon says with the cops.
I’m going to sit still and let them cuff me.
Care to tell Justine Damond about that?
You see that is where you are wrong. And that is what I am trying to explain to you.
And somehow that is "evil".
No, it is reality.
And after nine deployments, I think I have a pretty good track record of making the right choices.
Until the point that some police officer decides that, in his opinion, you did not. And then you will become just another psycho vet who refused to obey the nice police officer.
Did anybody ever say what the victim was reaching for? He was so determined to reach behind his back he must have had something.
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