His name was Stephon Clark, young father of two, and we failed him fatally

Image result for Stephon Clark

The rather opportunist Al Sharpton plans to attend the funeral of Stephon Clark (pictured above) in my city of Sacramento, California, on Thursday. Clark, the 22-year-old father of two, was shot to death by two Sacramento police officers on March 18 but had had only a smartphone in his hand. A little-discussed wrinkle in this racially charged incident, however, is that one of the two cops who shot Clark to death is black, as is Sacramento’s police chief.

As I’ve noted before, you have to take these cases of cops killing black men case by case. There is no one-size-fits-all narrative, as politically convenient and personally satisfying as such narratives may be.

For instance, Eric Garner, in my book, was murdered, choked to death by a thug posing as a police officer.

And Walter Scott by any reasonable person’s book was murdered, shot in the back as he ran away from a coward posing as a police officer.

Both black men were unarmed. Garner’s “crime” for which he was put to death by cop was illegally selling cigarettes on the street, and Scott’s was a broken brake light. The cop who murdered Garner remains free, while the cop who murdered Scott sits in prison (albeit he technically was found guilty of civil rights violations, not of murder).

Again, each case must be taken by itself. The Michael Brown case, for instance, spawned a movement that was based on some lies, probably especially the ubiquitous “[my] hands [are] up — don’t shoot!” meme.

The Barack Obama/Eric Holder U.S. Department of Justice’s own final report on the Michael Brown matter found that the physical evidence, including the autopsy of Brown, corroborated white cop Darren Wilson’s version of what had happened, which is that “gentle giant” Brown had not tried to surrender to him with his hands raised in the air, but instead had attacked him and tried to take his pistol from him.

The last page of the Obama/Holder DOJ report concludes:

… As discussed above, Darren Wilson has stated his intent in shooting Michael Brown was in response to a perceived deadly threat. The only possible basis for prosecuting Wilson under section 242 would therefore be if the government could prove that his account is not true – i.e., that Brown never assaulted Wilson at the SUV, never attempted to gain control of Wilson’s gun, and thereafter clearly surrendered in a way that no reasonable officer could have failed to perceive.

Given that Wilson’s account is corroborated by physical evidence and that his perception of a threat posed by Brown is corroborated by other eyewitnesses, to include aspects of the testimony of Witness 101, there is no credible evidence that Wilson willfully shot Brown as he was attempting to surrender or was otherwise not posing a threat.

Even if Wilson was mistaken in his interpretation of Brown’s conduct, the fact that others interpreted that conduct the same way as Wilson precludes a determination that he acted with a bad purpose to disobey the law. The same is true even if Wilson could be said to have acted with poor judgment in the manner in which he first interacted with Brown, or in pursuing Brown after the incident at the SUV.

These are matters of policy and procedure that do not rise to the level of a Constitutional violation and thus cannot support a criminal prosecution. Cf. Gardner v. Howard, 109 F.3d 427, 430–31 (8th Cir. 1997) (violation of internal policies and procedures does not in and of itself rise to violation of Constitution).

Because Wilson did not act with the requisite criminal intent, it cannot be proven beyond reasonable doubt to a jury that he violated 18 U.S.C.§ 242 when he fired his weapon at Brown.

VI. Conclusion
For the reasons set forth above, this matter lacks prosecutive merit and should be closed.

Indeed, case closed. Legally, anyway, but the myth of Michael Brown lives on, because the myth still is politically useful and personally satisfying to so many.

Unfortunately, in the Brown case the black community rallied around the wrong case. If I had ever tried to take a cop’s gun away from him (or her), I wouldn’t expect to be sitting here typing this sentence — and I am a white male.

The Brown case unfortunately immediately was turned into an inherently-racist-and-murderous-white-cop-vs.-inherently-innocent-young-black-man-guilty-only-of-being-black myth. According to the DOJ report on the Brown case, bystanders had lied through their teeth about what they had witnessed — very apparently in order to perpetuate the lie that every time a white cop shoots a black male, it only can be rooted in racism (and not, say, in very immediate self-defense because the black male is trying to take your gun from you).

The recent shooting death here in Sacramento of 22-year-old black man Stephon Clark also has some wrinkles that aren’t convenient to the aforementioned narrative that (only) white cops shoot young black men willy-nilly: One of the two cops who are reported to have shot Clark to death is black (see here too), as is Sacramento’s police chief, Sacramento native Daniel Hahn.

Hahn has said that he suspects that Clark was the man reported to have been breaking the windows of vehicles in a Sacramento neighborhood on March 18 before he was confronted by two cops in his grandparents’ backyard and shot to death.

All that Clark had in his possession, however, was a smartphone, and from the police helicopter video of the shooting, I cannot see that it was necessary for Clark to be shot even once, much more 20 times.* (A police body-camera video of the shooting that also was released does not give any more insight than does the helicopter video, other than that the cops apparently were trigger-happy; I struggle to even see Clark in the body-cam video at all until a while after he has been shot and is on the ground.)

I am not an expert in the excusable use of police force, but in the videos I don’t see Clark raising anything in the direction of the police officers or otherwise appearing to pose an immediate threat to them; I only see him being shot many times, apparently even after he already has fallen to the ground.

In the police helicopter video, before he is shot by the two cops it certainly looks like Clark isn’t up to any good, but running from police, probably especially if you are a black man, isn’t in and of itself indicative that you are dangerous and/or criminal; it always could be that you’re simply scared of being shot 20 times.

And even if Clark is guilty of having committed property crimes, there are penalties for that — and those penalties don’t include summary execution.

And it’s probably fair to say that many if not most white (and many other non-white) people do need to learn that human life — all human life — is far more important than is fucking property.

All of that said, it largely to totally has been ignored in the local protests over Stephon Clark’s shooting death that one of the cops who shot him — and the city’s police chief — are black. And I have to suspect that that’s because those two pieces of information aren’t convenient to the narrative that it’s only ever white cops and white chiefs of police who unjustly shoot and who support the unjust shootings of black men.

Sacramento has had some localized protests since Clark’s death, but it’s not at all like the city has been shut down, and to my knowledge not one person even has been hospitalized because of the protests. So it’s not like Sacramento has been enveloped in a conflagration, and many more Sacramentans have been touched by the heavy local media coverage than those who actually have been touched by any of the localized protests.

And again, I have to wonder if that outcome might have been different — if the protests might even have turned deadly — if Sacramento’s police chief weren’t black and if one of the two cops who shot Clark weren’t black. Does the race of the actors, rather than the acts themselves, matter that much? I suspect that it does.

Nonetheless, we need to continue to have the discussion about race and policing, and we have to examine where racism and police culture overlap, because very apparently there is a police culture that all cops can get sucked into, regardless of their race, and very apparently part of that police culture is the underlying belief that black lives do not matter as much as do white (and other non-black) lives.

And unnecessary police shooting after unnecessary police shooting amply proves that we must develop — and require the use of — non-lethal ways of neutralizing those we suspect of having committed a crime and/or of being about to commit a crime.

And for fuck’s sake we must stop executing people on the spot for property crimes, and we must hold every human being’s life as sacred. And we must prosecute — really prosecute — cops who don’t value human life, just as we prosecute the criminals who don’t value human life.

If we learn nothing else from the case of Stephon Clark, we need to learn that much.

*Since almost everyone in the world but I carries a smartphone, it seems to me that cops now have complete immunity to mistake or “mistake” smartphones for hand-held weapons. That is something with which we must as a society grapple — and fix.

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