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Dennis Donovan

(18,770 posts)
Sun Aug 9, 2020, 11:16 AM Aug 2020

6 Years Ago Today; Michael Brown is murdered in Ferguson, MO

https://en.wikipedia.org/wiki/Shooting_of_Michael_Brown

On August 9, 2014, Michael Brown Jr., an 18-year-old black man, was fatally shot by 28-year-old white Ferguson police officer Darren Wilson in the city of Ferguson, Missouri, a suburb of St. Louis. Brown was accompanied by his 22-year-old friend Dorian Johnson. Wilson said that an altercation ensued when Brown attacked Wilson in his police vehicle for control of Wilson's gun until it was fired. Johnson claimed that Wilson initiated a confrontation by grabbing Brown by the neck through his car window, threatening him and then shooting at him. At this point, both Wilson and Johnson state that Brown and Johnson fled, with Wilson pursuing Brown shortly thereafter. Wilson stated that Brown stopped and charged him after a short pursuit. Johnson contradicted this account, stating that Brown turned around with his hands raised after Wilson shot at his back. According to Johnson, Wilson then shot Brown multiple times until Brown fell to the ground. In the entire altercation, Wilson fired a total of twelve bullets, including twice during the struggle in the car; the last was probably the fatal shot. Brown was struck six times, all in the front of his body.

This event ignited unrest in Ferguson. A subsequent FBI investigation found that there was no evidence that Brown had his hands up in surrender or said "don't shoot" before he was shot. However, protesters claimed that he had done so, and later used the slogan "Hands up, don't shoot". Protests, both peaceful and violent, continued for more than a week in Ferguson; police later establishing a nightly curfew. The response of area police agencies in dealing with the protests was strongly criticized by both the media and politicians. Concerns were raised over insensitivity, tactics, and a militarized response. Missouri governor Jay Nixon ordered local police organizations to cede much of their authority to the Missouri State Highway Patrol.

A grand jury was called and given extensive evidence from Robert McCulloch, the St. Louis County Prosecutor. On November 24, 2014, McCulloch announced the St. Louis County grand jury had decided not to indict Wilson. In March 2015, the U.S. Department of Justice reported the conclusion of its own investigation and cleared Wilson of civil rights violations in the shooting. It found forensic evidence supported Wilson's account, and that witnesses who corroborated the officer's account were credible. Witnesses who had incriminated him were found to be not credible, with some admitting they had not directly seen the events. The U.S. Department of Justice concluded that Wilson shot Brown in self-defense.

A new St. Louis prosecutor, Wesley Bell, spent five months in 2020 reviewing the case with an eye to charging Wilson with either manslaughter or murder. In July, Bell announced he would not charge Wilson with any crime.

<snip>


Brown in a photo posted to Facebook in May 2013

Michael O.D. Brown Jr. (May 20, 1996 – August 9, 2014) graduated from Normandy High School in St. Louis County eight days before his death, completing an alternative education program. At the time of his death, he was 18 years old, 6 ft 4 in (1.93 m) tall, and weighed 292 lb (132 kg). He was an amateur rap musician who posted his songs on the popular music-sharing site SoundCloud under the handle "Big'Mike." He was two days from starting a training program for heating and air conditioning repair at Vatterott College technical school.

Morning
Surveillance video which was publicly released in the 2017 documentary film Stranger Fruit shows Michael Brown walking into Ferguson Market and Liquor at 1:13 a.m., ten and a half hours before he entered the store for the final time. The footage shows Brown handing a young clerk a brown package, believed by the filmmaker to be marijuana, and then receiving an unpurchased package of cigarillos from the store. After the video was rediscovered and made public in 2017, some, including Brown's family, said they believed Brown had left the package there for safekeeping and later returned to retrieve it. The store owner disputed this through an attorney who dismissed claims that the store traded him "cigarillos for pot." The lawyer claimed "[t]he reason he [Brown] gave it back is he was walking out the door with unpaid merchandise and they [the staff] wanted it back." The store's attorney said the video had been in the hands of Brown's family and law enforcement since the initial investigation, and said the video had been edited to remove the portion where the store clerk returned Brown's package to him. Following this, on March 13, 2017, unedited footage from the store was released by the St. Louis County prosecutor to try to settle questions.

Incident
At 11:47 a.m., Wilson responded to a call about a baby with breathing problems and drove to Glenark Drive, east of Canfield Drive.[30] About three minutes later and several blocks away, Brown was recorded on camera stealing a box of Swisher Sweets cigars and forcefully shoving a Ferguson Market clerk. Brown and his friend, Dorian Johnson, left the market at about 11:54 a.m. At 11:53, a police dispatcher reported "stealing in progress" at the Ferguson Market and described the suspect as a black male wearing a white T-shirt running toward QuikTrip. The suspect was reported as having stolen a box of Swisher cigars. At 11:57, the dispatch described the suspect as wearing a red St. Louis Cardinals hat, a white T-shirt, yellow socks, and khaki shorts, and that he was accompanied by another male. At 12:00 p.m., Wilson reported he was back in service and radioed units 25 and 22 to ask if they needed his assistance in searching for the suspects. Seven seconds later, an unidentified officer said the suspects had disappeared. Wilson called for backup at 12:02, saying "[Unit] 21. Put me on Canfield with two. And send me another car."

Initial reports of what happened next differed widely among sources and witnesses, particularly with regard to whether Brown was moving towards Wilson when the shots were fired. At noon on August 9, Wilson drove up to Brown and Johnson as they were walking in the middle of Canfield Drive and ordered them to move off the street. Wilson continued driving past the two men, but then backed up and stopped close to them. A struggle took place between Brown and Wilson after Brown reached through the window of the police SUV, a Chevrolet Tahoe. Wilson was armed with a SIG Sauer P229 pistol, which was fired twice during the struggle from inside the vehicle, with one bullet hitting Brown's right hand. Brown and Johnson fled and Johnson hid behind a car. Wilson got out of the vehicle and pursued Brown. At some point, Wilson fired his gun again, while facing Brown, and hit him with at least 6 shots, all in the front of his body. Brown was unarmed and died on the street. Less than 90 seconds passed from the time Wilson encountered Brown to the time of Brown's death.

An unidentified officer arrived on the scene and, 73 seconds after Wilson's call, asked where the second suspect was. Thirty-one seconds later, a supervisor was requested by Unit 25. At 12:07 p.m., an officer on scene radioed to dispatch for more units.[30] Also at 12:07, the St. Louis County police were notified and county officers began arriving on scene at around 12:15 p.m. The St. Louis County detectives were notified at 12:43 p.m. and arrived about 1:30 p.m., with the forensic investigator arriving at about 2:30 p.m.

Police dispatched a dozen units to the scene by 1:00 p.m. with another dozen, including two canine units, by 2:00 p.m. Gunshots were recorded in Ferguson police logs at 2:11 p.m., and by the ambulance dispatch again at 2:14 p.m., which led to the response of 20 units from eight different municipal forces in the next 20 minutes. As the situation deteriorated, the police commanders had investigators seek cover and detectives assisted in crowd control. At 2:45, four canine units arrived on scene, and the SWAT team arrived at 3:20 p.m. The medical examiner began his examination at around 3:30 p.m. and concluded about half an hour later, with the body being cleared to be taken to the morgue. At 4:37 p.m., Brown's body was signed in by workers at the morgue.

<snip>

Aftermath
By September 24, Ferguson Police Chief Thomas Jackson publicly apologized to the family of Michael Brown. By March 12, five months later, Thomas Jackson resigned from the Ferguson Police Department. On November 29, Wilson resigned from the Ferguson police force with no severance, citing security concerns. Wilson's lawyer said Wilson "will never be a police officer again" as he does not want to put other officers at risk due to his presence. The National Bar Association, an organization of African American lawyers and judges, made a complaint to the Missouri Department of Public Safety demanding Wilson's police officer license be revoked. Wilson's attempts to obtain employment as a police officer have been unsuccessful.

President Barack Obama announced the federal government would spend $75 million on body cameras for law enforcement officers, as one of the measures taken in response to the shooting.

According to the Associated Press' annual poll of United States news directors and editors, the top news story of 2014 was police killings of unarmed black people—including the shooting of Brown—as well as their investigations and the protests in their aftermath.

Roger Goldman, emeritus professor at Saint Louis University Law School, Flanders, a Saint Louis University law professor, and Senator Jamilah Nasheed seek the updating of Missouri state law to comply with the 1985 U.S. Supreme Court decision, Tennessee v. Garner.


Bronze plaque in memory of Michael Brown on sidewalk where shooting incident occurred

The cover of The New Yorker's January 26, 2015, issue depicted Martin Luther King Jr. linking arms with Eric Garner and Wenjian Liu, and joined by Trayvon Martin and Brown.

Funds for the Brown family and for Wilson were solicited on the internet, each accumulating hundreds of thousands of dollars in donations.

Brown's death has been cited as one of several police killings of African Americans protested by the Black Lives Matter movement.

"Hands up, don't shoot"


"Hands up!" sign displayed at a Ferguson protest

"Hands up, don't shoot", or simply "hands up", is a slogan and gesture originating from the incident and was seen in demonstrations in Ferguson and throughout the United States. The gesture became a rallying cry against police violence.

On March 4, 2015, the U.S. Department of Justice issued a report on the shooting, which said, "There is no witness who has stated that Brown had his hands up in surrender whose statement is otherwise consistent with the physical evidence" and "our investigation did not reveal any eyewitness who stated that Brown said 'don't shoot'."

<snip>

Task force on policing
In December 2014, president Barack Obama created a commission to make recommendations for broad police reform in the United States. The commission created by Obama released an interim report on March 2, 2015, with numerous recommendations, including the recommendation that policy be created mandating "external and independent criminal investigations in cases of police use of force resulting in death, officer-involved shootings resulting in injury or death, or in-custody deaths".

DOJ investigation into the Ferguson Police Department
On September 5, 2014, the U.S. Department of Justice began an investigation of the Ferguson, Missouri police force to examine whether officers routinely engaged in racial profiling or showed a pattern of excessive force. The investigation was separate from the Department's other investigation of the shooting of Brown. The results of the investigation were released in a March 4, 2015, report, which concluded officers in Ferguson routinely violated the constitutional rights of the city's residents, by discriminating against African Americans and applying racial stereotypes, in a "pattern or practice of unlawful conduct within the Ferguson Police Department that violates the First, Fourth, and Fourteenth Amendments to the United States Constitution, and federal statutory law" .

The Report focused on the problem of issuing warrants for sometimes minor offenses. In many states, a chief cause for warrants is unpaid traffic tickets.

Brown family lawsuit
On April 23, 2015, the Brown family filed a wrongful death lawsuit in state court against Wilson, Jackson, and the City of Ferguson, asking for damages in excess of $75,000 as well as attorney's fees. On May 27, 2015, the lawsuit was moved from state court to federal court.

On July 14, 2015, U.S. District Judge E. Richard Webber responded to defense motions by dismissing four of the seven counts of the lawsuit and declining to dismiss two other counts. On June 20, 2017, Webber approved a settlement between Brown's parents and the city of Ferguson. Terms of the agreement, including the settlement amount, were sealed from the public. A Ferguson city attorney revealed the city's insurance company paid $1.5 million.

Dorian Johnson lawsuit
On April 29, 2015, Johnson filed a lawsuit in state court against Wilson, Jackson, and the City of Ferguson for being stopped by Wilson without probable cause, reasonable suspicion or legal justification to detain him. The lawsuit claimed that, according to the findings of the § DOJ investigation into the Ferguson Police Department, law enforcement efforts focused on generating revenue rather than protecting the town's citizens. Johnson seeks US$25,000 in damages. On May 27, 2015, the lawsuit was moved from state court to federal court. The court denied the defendants' motion to dismiss the case; they appealed, and a three-judge panel of the Eighth Circuit Court of Appeals affirmed the district court on July 25, 2017, allowing the lawsuit to go forward. The en banc Eighth Circuit reviewed and reversed the panel's decision on June 17, 2019, directing the district court to dismiss the case.

Appointment of Delrish Moss as police chief
On May 9, 2016, Delrish Moss, a Miami law enforcement veteran and expert in community relations, was sworn in as the first permanent African American chief in Ferguson. He said his challenges would include diversifying the police force and dramatically improving community relations.

Lezley McSpadden announces run for Ferguson City Council
On April 25, 2018, Brown's mother, Lezley McSpadden, announced to a Harvard University forum on police violence that she will run for City Council of Ferguson. She did not win.

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