Monday, August 20, 2012
No felony charges for officer in DPS dog's death
TUCSON, Ariz. -- The Arizona Department of Public Safety officer who left his K-9 partner in a hot squad car will not face felony charges in connection with the dog's death.
Officer Korey Lankow was placed on administrative leave after leaving Jeg, a drug-sniffing dog, in his squad car outside DPS headquarters in Tucson for more than an hour on July 11. The high that day was about 98 degrees, which means the temperature inside the car was probably in the 120-degree range.
Jeg suffered severe heat-related injuries and had to be euthanized.
Based on the criminal investigation conducted by the Tucson Police Department, the Pima County Attorney's Officer opted not to pursue felony charges against Lankow.
While he won't face felony charges in Jeg's death, The Tucson City Attorney's Office could still file misdemeanor charges.
Lankow, who has been with DPS since October 2005, and Jeg had been partners for almost three years. The 7-year-old Belgian Malinois had worked with another handler before being paired with Lankow.
According to investigators, Jeg was left behind when Lankow was sent on an emergency call while moving from one squad car to another. Lankow was en route to a crash scene when he realized Jeg was not with him.
He turned around to go back to his partner, but it turned out to be too late.
In addition to the TPD investigation, DPS has launched its own internal investigation to determine if Lankow followed proper procedure.
Jeg is the second Arizona law-enforcement dog to die after being left in a hot car.
Chandler police Sgt. Tom Lovejoy was charged with animal abuse after leaving his K-9 partner, Bandit, in a patrol car in August 2007. Bandit was left in the car, which was parked outside of Lovejoy's home, for 12 hours. He died from excessive heat.
Less than three weeks after Jeg's death, two K-9s in Bexar County, Texas died after being left in a deputy's hot patrol car overnight.
http://www.azfamily.com/news/No-felony-charges-for-DPS-officer-in-K-9-partners-death-166407076.html
Monday, August 13, 2012
Wednesday, August 8, 2012
Phoenix Red Squad officer arrested for sex misconduct with teens
An officer assigned to the Phoenix PD's community relations division (aka The Red Squad) known for their political harassment of anarchist, anti-authoritarian, anti-cop, and Occupy Phoenix groups has been busted for sexual misconduct. While the media makes a fuss over the charges that ended his career, his violent and abusive actions towards the valley's political rabble rousers remain unquestioned, as many more officers will fill the void left by Chris Wilson's abrupt retirement and arrest to continue the city's work of managing and attacking the space of social movements. The above video shows officer Wilson in action, tackling a single protester who was giving senator John McCain a hard time a few years back.
A Phoenix police officer was arrested Tuesday
night on suspicion of sexual misconduct with two teenage boys,
authorities announced Wednesday.
Officer Christopher J. Wilson, 43, was accused of 10 counts of sexual assault with a 14-year-old and a 17-year-old, said Phoenix Police Chief Daniel Garcia said at a press conference.
The 14-year-old informed his parents about the incidents. The parents called police Tuesday afternoon and detectives immediately sought more information, Garcia said.
The investigation began Tuesday afternoon and concluded at 8:15 p.m. with the 13-year veteran's arrest. He immediately resigned to escape termination, Garcia said.
Wilson admitted his involvement and charges imply that the actions were consensual, though law enforcement does not support the illegal engagements Wilson participated in, Garcia said.
"I'm extremely disturbed and disgusted by this conduct," Garcia said.
The sexual encounters occurred at several private locations, including Wilson's home, Garcia said.
Detectives found that Wilson had met the boys through community engagements that were undefined, Garcia said.
Garcia said he wants the community to know this is a transparent investigation.
Officials encourage anyone with additional information on this event or if there are other victims, to contact police, Garcia said.
http://www.azcentral.com/community/phoenix/articles/2012/08/08/20120808phoenix-officer-arrested-sex-misconduct-teens.html
Officer Christopher J. Wilson, 43, was accused of 10 counts of sexual assault with a 14-year-old and a 17-year-old, said Phoenix Police Chief Daniel Garcia said at a press conference.
The 14-year-old informed his parents about the incidents. The parents called police Tuesday afternoon and detectives immediately sought more information, Garcia said.
The investigation began Tuesday afternoon and concluded at 8:15 p.m. with the 13-year veteran's arrest. He immediately resigned to escape termination, Garcia said.
Wilson admitted his involvement and charges imply that the actions were consensual, though law enforcement does not support the illegal engagements Wilson participated in, Garcia said.
"I'm extremely disturbed and disgusted by this conduct," Garcia said.
The sexual encounters occurred at several private locations, including Wilson's home, Garcia said.
Detectives found that Wilson had met the boys through community engagements that were undefined, Garcia said.
Garcia said he wants the community to know this is a transparent investigation.
Officials encourage anyone with additional information on this event or if there are other victims, to contact police, Garcia said.
http://www.azcentral.com/community/phoenix/articles/2012/08/08/20120808phoenix-officer-arrested-sex-misconduct-teens.html
Tuesday, August 7, 2012
Hundreds of Arizona cops retire under scrutiny
Hundreds of officers across the Valley have handed in their badge - rather than face discipline.
CBS 5 Investigates found that in many cases, they took a full pension and benefits with them - seemingly retiring their troubles away.
"I served 23 years with absolutely no discipline," said former Phoenix Police Officer Philip Shores.
Shores is correct. Even though an internal audit found he mishandled nearly 80 percent of his child sex crime cases, he was never disciplined. Instead, he retired with a full pension.
"I've had no contact with the police department since I retired," Shores told CBS 5 News during an interview last week.
Shores is not alone.
"It's absolutely frustrating," said Chief Phoenix Police Chief Daniel Garcia.
He spoke candidly about the issue.
"We're in an atmosphere where we have to show transparency to our community and show accountability to our community," Garcia said.
The controversial practice of retiring to escape punishment extends across the state.
Take Goodyear Police Chief Mark Brown and commander Ralph McLaughlin - both were accused of covering up a hit-and-run that killed 18-year-old Jered Pendleton from Avondale. Both retired.
Lt. Col. Jack Hegerty with Arizona's Department of Public Safety accepted Arizona Diamondback tickets from an agency DPS regulates. Rather than face two days suspension for the conflict of interest violation, he retired.
This summer, Phoenix police Sgt. Arnold David got caught on surveillance allegedly pocketing several thousand dollars during a robbery call. He too, retired.
"I think the guy ought to go to prison," said Bill Louis, former Phoenix police assistant chief and IA investigator.
Louis spent years investigating officers that were accused of violating policies and even breaking the law.
These cases are not always a cut and dry situation.
State law requires that Arizona POST, which certifies police officers, be notified when an officer quits. And that officer can't get a another law enforcement job in-state - until the investigation is over. [Click here to read the Arizona POST report on all misconduct and criminal cases they've handled]
Criminal cases have more clear-cut rules.
"We have pursued charges against an officer even after they quit," Louis said. "We've had goodness - we've had officers for bank robbery, for theft, for drugs, for stealing property - and they quit. And we still went after them criminally."
In the last decade, more than 1,700 police officers were investigated on criminal charges of: assault, drug use, sexual misconduct and the list goes on and on. Of those 1,700 officers, 617 lost their certification and will never be able to work as cops again in this state.
Even Chief Daniel Garcia said those criminal prosecutions are not good enough.
"We want to be able to hold our officers accountable from an administrative standpoint and criminal," Garcia said.
http://www.kpho.com/story/19193186/hundreds-of-arizona-cops-retire-under-scrutiny
CBS 5 Investigates found that in many cases, they took a full pension and benefits with them - seemingly retiring their troubles away.
"I served 23 years with absolutely no discipline," said former Phoenix Police Officer Philip Shores.
Shores is correct. Even though an internal audit found he mishandled nearly 80 percent of his child sex crime cases, he was never disciplined. Instead, he retired with a full pension.
"I've had no contact with the police department since I retired," Shores told CBS 5 News during an interview last week.
Shores is not alone.
"It's absolutely frustrating," said Chief Phoenix Police Chief Daniel Garcia.
He spoke candidly about the issue.
"We're in an atmosphere where we have to show transparency to our community and show accountability to our community," Garcia said.
The controversial practice of retiring to escape punishment extends across the state.
Take Goodyear Police Chief Mark Brown and commander Ralph McLaughlin - both were accused of covering up a hit-and-run that killed 18-year-old Jered Pendleton from Avondale. Both retired.
Lt. Col. Jack Hegerty with Arizona's Department of Public Safety accepted Arizona Diamondback tickets from an agency DPS regulates. Rather than face two days suspension for the conflict of interest violation, he retired.
This summer, Phoenix police Sgt. Arnold David got caught on surveillance allegedly pocketing several thousand dollars during a robbery call. He too, retired.
"I think the guy ought to go to prison," said Bill Louis, former Phoenix police assistant chief and IA investigator.
Louis spent years investigating officers that were accused of violating policies and even breaking the law.
These cases are not always a cut and dry situation.
State law requires that Arizona POST, which certifies police officers, be notified when an officer quits. And that officer can't get a another law enforcement job in-state - until the investigation is over. [Click here to read the Arizona POST report on all misconduct and criminal cases they've handled]
Criminal cases have more clear-cut rules.
"We have pursued charges against an officer even after they quit," Louis said. "We've had goodness - we've had officers for bank robbery, for theft, for drugs, for stealing property - and they quit. And we still went after them criminally."
In the last decade, more than 1,700 police officers were investigated on criminal charges of: assault, drug use, sexual misconduct and the list goes on and on. Of those 1,700 officers, 617 lost their certification and will never be able to work as cops again in this state.
Even Chief Daniel Garcia said those criminal prosecutions are not good enough.
"We want to be able to hold our officers accountable from an administrative standpoint and criminal," Garcia said.
http://www.kpho.com/story/19193186/hundreds-of-arizona-cops-retire-under-scrutiny
Monday, August 6, 2012
Cold Case Posse violated MCSO Code of Conduct
Cold Case Posse lead investigator
Mike Zullo admits he received checks totaling roughly $1,400 for the
sale of the e-book version of his investigation into President Barack
Obama's birth certificate. But a review of the Maricopa County Sheriff's
Office official Code of Conduct shows it is an abuse of power for
employees or volunteers to use their official position for personal or
financial gain.
CBS 5 Investigates obtained a copy of the Code of Conduct after receiving an anonymous tip that Zullo may have violated MCSO policy in selling his book.
MCSO spokeswoman Lisa Allen responded to a request for comment with the following statement:
"As Mr. Zullo publicly stated before you and other reporters, he has received approximately $1,400 in royalties. He kept none of that money as a personal financial gain, choosing instead to donate all of it."
CBS 5 Investigates reached out to other Valley law enforcement agencies, including Phoenix, Scottsdale, Tempe, Chandler and the Department of Public Safety. All reported that it would be against department policy for an employee or volunteer to sell police information.
"If employees are allowed to just generate their own interest, write their own books, sell their own products, it just destroys the public trust," said William de la Torre, a retired Phoenix police sergeant with 24 years on the force.
Active and retired police officers have written books about cases, but those cases are generally closed or cold, unlike the sheriff's investigation into the president's birth certificate, which the sheriff said is ongoing.
http://www.kpho.com/story/19094631/cold-case-posse-violated-mcso-code-of-conduct
CBS 5 Investigates obtained a copy of the Code of Conduct after receiving an anonymous tip that Zullo may have violated MCSO policy in selling his book.
MCSO spokeswoman Lisa Allen responded to a request for comment with the following statement:
"As Mr. Zullo publicly stated before you and other reporters, he has received approximately $1,400 in royalties. He kept none of that money as a personal financial gain, choosing instead to donate all of it."
CBS 5 Investigates reached out to other Valley law enforcement agencies, including Phoenix, Scottsdale, Tempe, Chandler and the Department of Public Safety. All reported that it would be against department policy for an employee or volunteer to sell police information.
"If employees are allowed to just generate their own interest, write their own books, sell their own products, it just destroys the public trust," said William de la Torre, a retired Phoenix police sergeant with 24 years on the force.
Active and retired police officers have written books about cases, but those cases are generally closed or cold, unlike the sheriff's investigation into the president's birth certificate, which the sheriff said is ongoing.
http://www.kpho.com/story/19094631/cold-case-posse-violated-mcso-code-of-conduct
Wednesday, August 1, 2012
Sheriff Arpaio offering $5K reward for damaged campaign signs
I think more than a few grifters ears poked up when they heard this news, a $700 fine for destroying the signs, but $5000 for reporting it to Sheriff Joe. That's $4300 profit if one doesn't mind some possible jail time or probation.
PHOENIX -- Maricopa County Sheriff Joe Arpaio is opening up his wallet to anyone who can help him find the people responsible for ruining his campaign signs.
Sheriff Arpaio has announced that he’s offering a $5,000 reward for anyone who provides information that leads to an arrest and conviction for damaging his signs.
“My signs are being destroyed by these criminals causing us to lose a lot of hard earned money. Damaging political signs is a crime and I want these perpetrators prosecuted,” said Arpaio.
Chad Willems, who is managing Arpaio’s reelection campaign, said signs have been stolen, cut up, painted over with profanities, and burned beyond recognition. More than 200 signs have already been replaced at a cost of approximately $3,500.
“The campaign office gets calls every day reporting the damage done to the Sheriff’s signs throughout the county,” Willems stated.
Anyone with any information is being asked to first call local law enforcement and then the Arpaio campaign headquarters at 602-235-9320.
Defacing a political sign is a class two misdemeanor that carries a penalty of up to four months in jail, a $700 fine, and two years probation.
http://www.azfamily.com/news/Sheriff-Arpaio-offering-5K-reward-for-damaged-campaign-signs-164669326.html
PHOENIX -- Maricopa County Sheriff Joe Arpaio is opening up his wallet to anyone who can help him find the people responsible for ruining his campaign signs.
Sheriff Arpaio has announced that he’s offering a $5,000 reward for anyone who provides information that leads to an arrest and conviction for damaging his signs.
“My signs are being destroyed by these criminals causing us to lose a lot of hard earned money. Damaging political signs is a crime and I want these perpetrators prosecuted,” said Arpaio.
Chad Willems, who is managing Arpaio’s reelection campaign, said signs have been stolen, cut up, painted over with profanities, and burned beyond recognition. More than 200 signs have already been replaced at a cost of approximately $3,500.
“The campaign office gets calls every day reporting the damage done to the Sheriff’s signs throughout the county,” Willems stated.
Anyone with any information is being asked to first call local law enforcement and then the Arpaio campaign headquarters at 602-235-9320.
Defacing a political sign is a class two misdemeanor that carries a penalty of up to four months in jail, a $700 fine, and two years probation.
http://www.azfamily.com/news/Sheriff-Arpaio-offering-5K-reward-for-damaged-campaign-signs-164669326.html
Monday, July 30, 2012
Police Shootings Echo Nationwide: Aurora Gets the Attention, But Guns Are Going Off Everywhere
Welcome to the abattoir -- a nation where a man can walk
into a store and buy an assault rifle, a shotgun, a couple of Glocks;
where in the comfort of his darkened living room, windows blocked from
the sunlight, he can rig a series of bombs unperturbed and buy thousands
of rounds of ammo on the Internet; where a movie theater can turn into a
killing floor at the midnight hour.
We know about all of this. We know because the weekend of July 20th became all-Aurora-all-the-time, a round-the-clock engorgement of TV news reports, replete with massacre theme music, an endless loop of victims, their loved ones, eyewitness accounts, cell-phone video, police briefings, informal memorials, and “healing,” all washed down with a presidential visit and hour upon hour of anchor and “expert” speculation. We know this because within a few days a Google search for “Aurora movie shootings” produced over 200 million hits referencing the massacre that left 70-plus casualties, including 12 fatalities.
We know a lot less about Anaheim and the killing of Manuel Angel Diaz, shot in the back and in the head by that city’s police just a few short hours after the awful Aurora murders.
But to the people living near La Palma Avenue and North Anna Drive, the shooting of Manuel Diaz was all too familiar: it was the sixth, seventh, or eighth police shooting in Anaheim, California, since the beginning of 2012. (No one seems quite sure of the exact count, though the Orange County District Attorney’s office claims six shootings, five fatalities.)
Diaz, 25, and as far as police are concerned, a “documented gang member,” was unarmed. He was apparently running when he was shot in the back and left to lie on the ground bleeding to death as police moved witnesses away from the scene. “He’s alive, man, call a cop!” a man shouted at the police. “Why would you guys shoot him in the head?” a woman demanded.
“Get back,” officers repeatedly said, pushing mothers and youngsters away from the scene, which they surrounded with yellow crime-scene tape.
Neighborhood residents gathered on lawns along the street, upset at what had happened near their homes, upset at what has been occurring repeatedly in Anaheim. Then, police, seeking to disperse the crowd, began firing what appeared to be rubber bullets and bean bag rounds directly at those women and children, among others. Screaming chaos ensued. A police dog was unleashed and lunged for a toddler in a stroller. A mother and father, seeking to protect their child, were themselves attacked by the dog.
We know this because a local CBS affiliate, KCAL, broadcast footage of the attack. We know it because cell phone video, which police at the scene sought to buy, according to KCAL, showed it in all its stark and sudden brutality. We know it also because neighbors immediately began to organize. On Sunday they demonstrated at police headquarters, demanding answers. “No justice, no peace,” they chanted.
Who Is Being Killed and in What Numbers?
This is daily life in less suburban, less white America. On Sunday, when the first of growing daily protests took place, Anaheim police shot and killed another man running away, Joel Mathew Acevedo, 21. Acevedo was armed and opened fired, police maintained -- yet another suspected gang member.
It is not hyperbole to say this is virtually a daily routine in America. It’s considered so humdrum, so much background noise, that it is rarely reported beyond local newscasts and metro briefs. In the days bracketing the Aurora massacre, San Francisco police shot and killed mentally ill Pralith Pralourng; Tampa police shot and killed Javon Neal, 16; an off-duty cop shot Pierre Davis, 20, of Chicago; Miami-Dade police shot and killed an unidentified “stalking suspect”; an off-duty FBI agent shot an unnamed man in Queens; Kansas City police shot and killed 58-year-old Danny L. Walsh; Lynn police and a Massachusetts state trooper shot and killed Brandon Payne, 23, a father of three; Henderson police shot and killed Andy Puente Soto, 42, out in the desert wastes near Las Vegas.
These are some of the anonymous dead. Their names are occasionally afloat on seas of Internet data or in local news reports. Many are young, even very young; many are people of color; many are wanted by the police for one thing or another; some are crazy; some are armed; some, like Manuel Diaz, are not.
In the end, though, we know remarkably little about these victims of police action. The FBI, which annually tracks every two-bit break-in, car theft, and felony, keeps no comprehensive records of incidents involving police use of deadly force, nor are there comprehensive national records that track what police officers do with their guns. Because of that we have no sense of whether such killings are waxing or waning, whether different cities present different threats, whether increased use of private security guards poses a greater or lesser danger to the public, whether neighborhood watch groups are a blessing or a bane to their neighborhoods. The Trayvon Martins of the world, who could perhaps speak to that last point, are mute.
The FBI’s Uniform Crime Report does include a more limited category of “Justifiable Homicide by Weapon, Law Enforcement,” defined as “the killing of a felon by a law enforcement officer in the line of duty.” That figure has hovered around 400 annually for the last several years. (In 2010, it was 387, down from 414 in 2009; in 2006, it was 386.)
Would Manuel Diaz fall into that category? Was he a felon? Can running fit the bill for “justifiable homicide”? The FBI does list all police officers killed while on duty, whether they are gunned down deliberately by violent suspects or hit accidentally by a car. (In 2010, the FBI reported, 56 officers died “feloniously,” while 72 were killed “accidentally.”) But the Manuel Diazes of America are not included in the FBI data sets.
Ramarley Graham, 18, followed and shot by New York City police last February, is of little interest to FBI statisticians. But the Graham killing, which has resulted in manslaughter charges against a member of the NYPD, stirred numerous protests in that city. Luther Brown Jr., killed by Stockton, California, police in April, and James Rivera, killed by Stockton police two years ago, stirred community protest as well. Would their names make the FBI list of “justifiable homicide”? Who makes that judgment and on what basis?
The Department of Justice’s Bureau of Justice Statistics has been compiling data on deaths of suspects following arrests, but the information covers just 40 states and only includes arrest fatalities. From January 2003 through December 2009, bureau statistics show 4,813 deaths occurred during “an arrest or restraint process.” Of those, 61% (2,931) were classified as homicides by law enforcement personnel, 11% (541) as suicides, 11% (525) as due to intoxication, 6% (272) as accidental injuries, and 5% (244) were attributed to natural causes. About 42% of the dead were white, 32% were black, and 20% were Hispanic.
Total gun deaths nationwide in 2010? 11,493, according to the Centers for Disease Control.
Who Is At Risk?
The lack of authoritative and comprehensive national data on police shootings and the reluctance of local law enforcement departments to release information on the use of deadly force has sent researchers onto the Internet searching for stories and anecdotal evidence. Newspapers looking into the issue must painstakingly gather information and documents from multiple agencies and courts to determine who is being killed and why. One major recent independent effort by the Las Vegas Review-Journal in 2011 -- undertaken in the wake of community protests over two police shootings in 2010 -- confirmed anecdotal evidence drawn from virtually all major metropolitan areas. If you are a young man, a person of color, and live in a poor urban area, you are far more likely to become a victim of police gunfire than if you are none of those things.
The newspaper, which analyzed court cases, police data, and other documents, determined that there had been 378 victims of police gunfire in the Las Vegas area since January 1990; 142 of the shootings were fatal. And deaths from police gunfire, the paper found, had risen from two in 1990 to 31 in 2010.
Over the entire period of the study, the paper found that “blacks, less than 10 percent of Clark County's population, account for about 30 percent of Las Vegas police shooting subjects. Moreover, 18 percent of blacks shot at by police were unarmed.”
A joint study carried out by the Chicago Reporter and the online news site Colorlines in 2007 determined that “about 9,500 people nationally were killed by police during the years 1980 to 2005 -- an average of nearly one fatal shooting per day.” African-Americans “were overrepresented among police shooting victims in every city” investigated (the nation’s 10 largest).
African-Americans would not be surprised by this finding; nor would it come as a surprise to Hispanics to learn that they are increasingly at risk of police gunfire. Bureau of Justice statistics show that 949 Hispanics suffered arrest-related deaths from 2003 to 2009 (out of the total of 4,813 such deaths noted above). The numbers have bounced around over the years, but are trending up from 109 in 2003 to 130 in 2009.
Certainly, the Latino community of Anaheim is familiar with this territory. Orange County and Anaheim authorities have promised investigations of the two recent police shootings. The FBI is reviewing the shootings and the U.S. Attorney’s office has agreed to conduct an investigation at the request of Anaheim’s civilian authorities. Those authorities -- the mayor and five-member city council -- are all Anglo, while Hispanics constitute about 52% of that city's 336,000 residents. There is no civilian complaint review board in place to conduct any probe of police actions, no independent group gathering information over time. The family of Manuel Diaz has filed a federal civil rights suit in the case and called for community calm as protestors become increasingly restive.
“There is a racial and economic component to this shooting,” said Dana Douglas, a Diaz family attorney. “Police don’t roust white kids in affluent neighborhoods who are just having a conversation. And those kids have no reason to fear police. But young men with brown skin in poor neighborhoods do. They are targeted by police.”
Post-9/11 Money Is No Help
The last decade, of course, has seen an enormous flow of federal counterterrorism money to local police and law enforcement agencies. Since 9/11, the Department of Homeland Security has allocated $30 to $40 billion to local police for all manner of training programs and equipment upgrades. Other federal funding has also been freely dispensed.
Yet for all the beefing up of post-9/11 visual surveillance, communications, and Internet-monitoring capabilities, for all the easing of laws governing searches and wiretaps, law enforcement authorities failed to pick up on the multiple weapons purchases, the massive Internet ammo buys, and the numerous package deliveries to the dark apartment in the building on Paris Street where preparations for the Aurora massacre took place for months.
Orange County, where Manuel Diaz lived, now has a fleet of seven armored vehicles. SWAT officers turn out in 30 to 40 pounds of gear, including ballistic helmets, safety goggles, radio headsets with microphones, bulletproof vests, flash bangs, smoke canisters, and loads of ammunition. The Anaheim police and other area departments are networked by countywide Wi-Fi. They run their own intelligence collection and dissemination center. They are linked to surveillance helicopters.
The feds have also anted up for extensive police training for Anaheim officers. In fact, Anaheim and Orange County have received about $100 million from the federal government since 2002 to bring operations up to twenty-first century speed in the age of terror. Yet for all that money, training, and equipment, police still managed to shoot and kill a running unarmed man in the back, just as NYPD officers shot unarmed Liberian-born Amadou Diallo after chasing him up his Bronx apartment building steps in February of 1999.
Diallo was infamously shot 41 times after pulling his wallet from his pocket, apparently to show identification. Police thought it was a gun. The shooting precipitated national protests and acquittals in a subsequent trial of the police officers involved. The year Diallo was killed was also the year of the Columbine massacre, 20 miles from Aurora. It seems like only last week.
Since that time the nation as a whole has become poorer and less white, while police departments everywhere are building up their capabilities and firepower with 9/11-related funding. Gun ownership of almost any sort has been cemented into our American world as a constitutional right and a partial ban on purchases of assault weapons lapsed in 2004, thanks to congressional inaction. This combination of trends should make everyone uneasy.
Stephan Salisbury is cultural writer for the Philadelphia Inquirer and a TomDispatch regular. His most recent book is Mohamed’s Ghosts: An American Story of Love and Fear in the Homeland. To listen to Timothy MacBain's latest Tomcast audio interview in which Salisbury discusses the lack of good numbers on police shootings and why they are so poorly covered, click here or download it to your iPod here.
[Note: Bureau of Justice Statistics data on the demographics of arrest-related deaths can be found by clicking here.]
We know about all of this. We know because the weekend of July 20th became all-Aurora-all-the-time, a round-the-clock engorgement of TV news reports, replete with massacre theme music, an endless loop of victims, their loved ones, eyewitness accounts, cell-phone video, police briefings, informal memorials, and “healing,” all washed down with a presidential visit and hour upon hour of anchor and “expert” speculation. We know this because within a few days a Google search for “Aurora movie shootings” produced over 200 million hits referencing the massacre that left 70-plus casualties, including 12 fatalities.
We know a lot less about Anaheim and the killing of Manuel Angel Diaz, shot in the back and in the head by that city’s police just a few short hours after the awful Aurora murders.
But to the people living near La Palma Avenue and North Anna Drive, the shooting of Manuel Diaz was all too familiar: it was the sixth, seventh, or eighth police shooting in Anaheim, California, since the beginning of 2012. (No one seems quite sure of the exact count, though the Orange County District Attorney’s office claims six shootings, five fatalities.)
Diaz, 25, and as far as police are concerned, a “documented gang member,” was unarmed. He was apparently running when he was shot in the back and left to lie on the ground bleeding to death as police moved witnesses away from the scene. “He’s alive, man, call a cop!” a man shouted at the police. “Why would you guys shoot him in the head?” a woman demanded.
“Get back,” officers repeatedly said, pushing mothers and youngsters away from the scene, which they surrounded with yellow crime-scene tape.
Neighborhood residents gathered on lawns along the street, upset at what had happened near their homes, upset at what has been occurring repeatedly in Anaheim. Then, police, seeking to disperse the crowd, began firing what appeared to be rubber bullets and bean bag rounds directly at those women and children, among others. Screaming chaos ensued. A police dog was unleashed and lunged for a toddler in a stroller. A mother and father, seeking to protect their child, were themselves attacked by the dog.
We know this because a local CBS affiliate, KCAL, broadcast footage of the attack. We know it because cell phone video, which police at the scene sought to buy, according to KCAL, showed it in all its stark and sudden brutality. We know it also because neighbors immediately began to organize. On Sunday they demonstrated at police headquarters, demanding answers. “No justice, no peace,” they chanted.
Who Is Being Killed and in What Numbers?
This is daily life in less suburban, less white America. On Sunday, when the first of growing daily protests took place, Anaheim police shot and killed another man running away, Joel Mathew Acevedo, 21. Acevedo was armed and opened fired, police maintained -- yet another suspected gang member.
It is not hyperbole to say this is virtually a daily routine in America. It’s considered so humdrum, so much background noise, that it is rarely reported beyond local newscasts and metro briefs. In the days bracketing the Aurora massacre, San Francisco police shot and killed mentally ill Pralith Pralourng; Tampa police shot and killed Javon Neal, 16; an off-duty cop shot Pierre Davis, 20, of Chicago; Miami-Dade police shot and killed an unidentified “stalking suspect”; an off-duty FBI agent shot an unnamed man in Queens; Kansas City police shot and killed 58-year-old Danny L. Walsh; Lynn police and a Massachusetts state trooper shot and killed Brandon Payne, 23, a father of three; Henderson police shot and killed Andy Puente Soto, 42, out in the desert wastes near Las Vegas.
These are some of the anonymous dead. Their names are occasionally afloat on seas of Internet data or in local news reports. Many are young, even very young; many are people of color; many are wanted by the police for one thing or another; some are crazy; some are armed; some, like Manuel Diaz, are not.
In the end, though, we know remarkably little about these victims of police action. The FBI, which annually tracks every two-bit break-in, car theft, and felony, keeps no comprehensive records of incidents involving police use of deadly force, nor are there comprehensive national records that track what police officers do with their guns. Because of that we have no sense of whether such killings are waxing or waning, whether different cities present different threats, whether increased use of private security guards poses a greater or lesser danger to the public, whether neighborhood watch groups are a blessing or a bane to their neighborhoods. The Trayvon Martins of the world, who could perhaps speak to that last point, are mute.
The FBI’s Uniform Crime Report does include a more limited category of “Justifiable Homicide by Weapon, Law Enforcement,” defined as “the killing of a felon by a law enforcement officer in the line of duty.” That figure has hovered around 400 annually for the last several years. (In 2010, it was 387, down from 414 in 2009; in 2006, it was 386.)
Would Manuel Diaz fall into that category? Was he a felon? Can running fit the bill for “justifiable homicide”? The FBI does list all police officers killed while on duty, whether they are gunned down deliberately by violent suspects or hit accidentally by a car. (In 2010, the FBI reported, 56 officers died “feloniously,” while 72 were killed “accidentally.”) But the Manuel Diazes of America are not included in the FBI data sets.
Ramarley Graham, 18, followed and shot by New York City police last February, is of little interest to FBI statisticians. But the Graham killing, which has resulted in manslaughter charges against a member of the NYPD, stirred numerous protests in that city. Luther Brown Jr., killed by Stockton, California, police in April, and James Rivera, killed by Stockton police two years ago, stirred community protest as well. Would their names make the FBI list of “justifiable homicide”? Who makes that judgment and on what basis?
The Department of Justice’s Bureau of Justice Statistics has been compiling data on deaths of suspects following arrests, but the information covers just 40 states and only includes arrest fatalities. From January 2003 through December 2009, bureau statistics show 4,813 deaths occurred during “an arrest or restraint process.” Of those, 61% (2,931) were classified as homicides by law enforcement personnel, 11% (541) as suicides, 11% (525) as due to intoxication, 6% (272) as accidental injuries, and 5% (244) were attributed to natural causes. About 42% of the dead were white, 32% were black, and 20% were Hispanic.
Total gun deaths nationwide in 2010? 11,493, according to the Centers for Disease Control.
Who Is At Risk?
The lack of authoritative and comprehensive national data on police shootings and the reluctance of local law enforcement departments to release information on the use of deadly force has sent researchers onto the Internet searching for stories and anecdotal evidence. Newspapers looking into the issue must painstakingly gather information and documents from multiple agencies and courts to determine who is being killed and why. One major recent independent effort by the Las Vegas Review-Journal in 2011 -- undertaken in the wake of community protests over two police shootings in 2010 -- confirmed anecdotal evidence drawn from virtually all major metropolitan areas. If you are a young man, a person of color, and live in a poor urban area, you are far more likely to become a victim of police gunfire than if you are none of those things.
The newspaper, which analyzed court cases, police data, and other documents, determined that there had been 378 victims of police gunfire in the Las Vegas area since January 1990; 142 of the shootings were fatal. And deaths from police gunfire, the paper found, had risen from two in 1990 to 31 in 2010.
Over the entire period of the study, the paper found that “blacks, less than 10 percent of Clark County's population, account for about 30 percent of Las Vegas police shooting subjects. Moreover, 18 percent of blacks shot at by police were unarmed.”
A joint study carried out by the Chicago Reporter and the online news site Colorlines in 2007 determined that “about 9,500 people nationally were killed by police during the years 1980 to 2005 -- an average of nearly one fatal shooting per day.” African-Americans “were overrepresented among police shooting victims in every city” investigated (the nation’s 10 largest).
African-Americans would not be surprised by this finding; nor would it come as a surprise to Hispanics to learn that they are increasingly at risk of police gunfire. Bureau of Justice statistics show that 949 Hispanics suffered arrest-related deaths from 2003 to 2009 (out of the total of 4,813 such deaths noted above). The numbers have bounced around over the years, but are trending up from 109 in 2003 to 130 in 2009.
Certainly, the Latino community of Anaheim is familiar with this territory. Orange County and Anaheim authorities have promised investigations of the two recent police shootings. The FBI is reviewing the shootings and the U.S. Attorney’s office has agreed to conduct an investigation at the request of Anaheim’s civilian authorities. Those authorities -- the mayor and five-member city council -- are all Anglo, while Hispanics constitute about 52% of that city's 336,000 residents. There is no civilian complaint review board in place to conduct any probe of police actions, no independent group gathering information over time. The family of Manuel Diaz has filed a federal civil rights suit in the case and called for community calm as protestors become increasingly restive.
“There is a racial and economic component to this shooting,” said Dana Douglas, a Diaz family attorney. “Police don’t roust white kids in affluent neighborhoods who are just having a conversation. And those kids have no reason to fear police. But young men with brown skin in poor neighborhoods do. They are targeted by police.”
Post-9/11 Money Is No Help
The last decade, of course, has seen an enormous flow of federal counterterrorism money to local police and law enforcement agencies. Since 9/11, the Department of Homeland Security has allocated $30 to $40 billion to local police for all manner of training programs and equipment upgrades. Other federal funding has also been freely dispensed.
Yet for all the beefing up of post-9/11 visual surveillance, communications, and Internet-monitoring capabilities, for all the easing of laws governing searches and wiretaps, law enforcement authorities failed to pick up on the multiple weapons purchases, the massive Internet ammo buys, and the numerous package deliveries to the dark apartment in the building on Paris Street where preparations for the Aurora massacre took place for months.
Orange County, where Manuel Diaz lived, now has a fleet of seven armored vehicles. SWAT officers turn out in 30 to 40 pounds of gear, including ballistic helmets, safety goggles, radio headsets with microphones, bulletproof vests, flash bangs, smoke canisters, and loads of ammunition. The Anaheim police and other area departments are networked by countywide Wi-Fi. They run their own intelligence collection and dissemination center. They are linked to surveillance helicopters.
The feds have also anted up for extensive police training for Anaheim officers. In fact, Anaheim and Orange County have received about $100 million from the federal government since 2002 to bring operations up to twenty-first century speed in the age of terror. Yet for all that money, training, and equipment, police still managed to shoot and kill a running unarmed man in the back, just as NYPD officers shot unarmed Liberian-born Amadou Diallo after chasing him up his Bronx apartment building steps in February of 1999.
Diallo was infamously shot 41 times after pulling his wallet from his pocket, apparently to show identification. Police thought it was a gun. The shooting precipitated national protests and acquittals in a subsequent trial of the police officers involved. The year Diallo was killed was also the year of the Columbine massacre, 20 miles from Aurora. It seems like only last week.
Since that time the nation as a whole has become poorer and less white, while police departments everywhere are building up their capabilities and firepower with 9/11-related funding. Gun ownership of almost any sort has been cemented into our American world as a constitutional right and a partial ban on purchases of assault weapons lapsed in 2004, thanks to congressional inaction. This combination of trends should make everyone uneasy.
Stephan Salisbury is cultural writer for the Philadelphia Inquirer and a TomDispatch regular. His most recent book is Mohamed’s Ghosts: An American Story of Love and Fear in the Homeland. To listen to Timothy MacBain's latest Tomcast audio interview in which Salisbury discusses the lack of good numbers on police shootings and why they are so poorly covered, click here or download it to your iPod here.
[Note: Bureau of Justice Statistics data on the demographics of arrest-related deaths can be found by clicking here.]
Subscribe to:
Posts (Atom)

