Showing posts with label excessive force. Show all posts
Showing posts with label excessive force. Show all posts

Monday, January 25, 2016

Where is Police Excessive Force Bill?


Above: The Washington State Capitol Building in Olympia on Friday. As daffodils begin to burst forth in the warm late January sunshine, organizers with the Black Alliance of Thurston County are wondering why their proposed legislation to clarify deadly force by law enforcement officers has not yet been introduced.

By Janine Gates

What’s taking so long? Draft legislation that proposes to change the law governing the use of deadly force by law enforcement in Washington State has not yet been introduced.

Little Hollywood first wrote about this story on Monday, January 18, http://janineslittlehollywood.blogspot.com/2016/01/changes-to-police-excessive-force-law.html

Washington State Representative Cindy Ryu (pronounced Ree-oo), (D-32) was expected to be the prime sponsor and introduce the bill last week. 

On Friday, Little Hollywood was informed by Ryu's assistant that Representative Ryu decided earlier in the week not to prime sponsor the bill, and that Representative Luis Moscoso (D-1) was going to sponsor it. Attempts by Little Hollywood to meet or speak with Representative Moscoso on Friday were unsuccessful.

Black Alliance of Thurston County organizers are calling upon Speaker of the House Frank Chopp to allow the legislation to be sponsored and referred to a committee. 

The organization spearheaded the effort to clean up language in the current law under RCW 9A.16.040 and provide clarity when the use of deadly force is justifiable. They say that the main goal is to make sure the use of deadly force is used in the context where the risk to the officer or public is imminent and the use of deadly force is necessary.
 
The new language says, “The use of deadly force by a public officer, peace officer, or person aiding is justifiable when the officer reasonably believes that there is an imminent threat of death or serious bodily injury to the officer or to a third party and that the deadly force is necessary to prevent it….”

Several phrases are stricken from the law that may cause an officer to be unclear in such a situation. 

The phrase that an officer “shall not be held criminally liable for using deadly force without malice and with a good faith belief that such act is justifiable” is also deleted. That phrase is used in Washington State as a defense against prosecution of an officer when the police officer uses deadly force. The phrase is replaced by "reasonably believes" which is a phrase found in the statutes of other states.

“Such clear guidance will benefit both law enforcement officers and the communities they protect, and will result in a law that upholds the role of law enforcement to maintain public safety and foster accountability and public trust,” says the proposed legislation.

February 5 is the cutoff deadline for bills to be heard in their house of origin.


Monday, January 18, 2016

Changes to Police Excessive Force Law Proposed by Black Alliance of Thurston County


Above: As Governor Jay Inslee waits to speak, Dr. Karen Johnson, chair of the Black Alliance of Thurston County, speaks at Monday's Dr. Martin Luther King, Jr. celebration in Olympia. Nat Jackson, far left, a member of the Black Alliance of Thurston County, was the master of ceremonies. The Black Alliance of Thurston County has spearheaded the writing of state legislation that would change the law governing excessive use of deadly force by law enforcement in Washington State. 

Just before Dr. Karen Johnson was to speak in the Rotunda, the voice of Governor Inslee came over the public address system. Inslee was apparently giving a speech elsewhere in the building and the mechanical systems became crossed. After at least 15 minutes of interruption to the celebration and unsuccessful attempts to mute Inslee and restore the microphone in the Rotunda, the crowd started chanting, “Black Lives Matter! Black Lives Matter!” 

In an extraordinary turn of events, Reverend Vera Diggins, who had earlier lead the group in the Black National Anthem, lead the crowd in singing several verses of “We Shall Overcome!” The emotional tenor of the crowd changed and the public address system was somehow fixed, allowing Johnson to speak. Then, Governor Inslee, who arrived and was scheduled to speak, began his speech by saying, The mission of equality cannot be drowned out! to cheers from the crowd.

By Janine Gates

Proposed legislation written and spearheaded by members of the Black Alliance of Thurston County that would change excessive use of deadly force by law enforcement in Washington State has garnered a prime sponsor.

Washington State Representative Cindy Ryu, D-32, has agreed to sponsor the legislation. The bill, which does not have a number yet and is in the process of some last minute refining, would amend RCW 9A.16.040.

The South Sound area was jammed packed with celebrations and service events honoring Dr. Martin Luther King, Jr. on Monday. Dr. Karen Johnson, chair of the Black Alliance of Thurston County, announced the proposed legislation at a Martin Luther King, Jr. Day celebration held at the Washington State Capitol Building.

“We should all feel proud that we are one step closer to having a use of deadly force law that attacks our egregious state law, not the noble law enforcement officers who maintain the public safety of all Washingtonians,” said Johnson.

“There’s widespread recognition that our justifiable homicide statute is broken because it sets a higher bar than any other state in prosecuting officers who use deadly force without justification. Amnesty International calls Washington State’s law regarding use of deadly force as the “most egregious” in the nation. 

The Black Alliance of Thurston County, in coalition and partnership with others…want to start the conversation around this issue….It is the right thing to do at the right time….We can pass a bill that is good for the people, the police, and the prosecutors of Washington State who seek public safety and accountability for all,” said Johnson.

Only Washington State law provides a defense against prosecution when a police officer acts without malice and with a good faith belief that such act is justifiable.” Malice is defined in law as “evil intent.”

The proposed bill removes a subsection which contains the phrase without malice and with a good faith belief, an aspect which makes Washington's statute so unique.

To put Washington State law in line with the recommendations of a June 2015 Amnesty International report, “Deadly Force: Police Use of Lethal Force in the United States,”  the bill also clarifies language regarding use of deadly force against fleeing felons so it is clear that the risk to the officer has to be imminent.

The legislation is expected to be introduced on Tuesday or early this week. 

The bill's sponsor, Senator Cindy Ryu, represents Northwest Seattle, Shoreline, South Edmonds, Woodway, west Mountlake Terrace and Lynnwood. While serving as a Shoreline City Councilmember, Ryu was elected mayor in 2008, becoming the first female Korean-American mayor in the United States. Serving her third House term in the Washington State Legislature, Ryu is a Deputy Whip and co-chairs the Members of Color Caucus.

The Black Alliance of Thurston County hopes to have the bill passed and signed by Governor Jay Inslee during this short legislative session.

Above: Andre Thompson, middle, wearing hat, and his brother Bryson Chaplin, who was not in attendance at Monday's celebration, and their family was acknowledged and prayed for by Bishop Charlotte Petty of Risen Faith Fellowship. Thompson and Chaplin were shot by an Olympia police officer in May 2015. The officer who shot the brothers was not charged by the Thurston County prosecutor, who used the without malice and with a good faith belief.....” defense for the officer, indicating that the shooting was justifiable.

Amnesty's Deadly Force Report

The Amnesty International report is primarily based on a state-by-state legislative survey of use of lethal force statutes within the United States.

According to Amnesty International, the United States has failed to track how many people are killed by law enforcement officers. No one knows exactly how many people are killed each year but estimates range from 400 to over 1,000.

Among its other findings:  

African Americans are disproportionately impacted by police killings, according to the limited data available.

The United States has failed to respect and protect the right to life by failing to ensure that domestic legislation meets international human rights law and standards on the use of lethal force by law enforcement officers.

All 50 states and Washington, D.C. fail to comply with international law and standards on the use of lethal force by law enforcement officers.

None of the state statutes require that the use of lethal force may only be used as a last resort with non-violent and less harmful means to be tried first.

No state limits the use of lethal force to only those situations where there is an imminent threat to life or serious injury to the officer or to others.

Nine states, including Washington, allow for the use of lethal force to be used to suppress a riot.

Twenty two states, including Washington, allow for law enforcement officers to kill someone trying to escape from a prison or jail.

Only eight states, including Washington, require that a warning be given, when feasible, before lethal force is used.

Twenty states, including Washington, allow for private citizens to use lethal force if they carry out law enforcement activities.

For more information about the Black Alliance of Thurston County, Karen Johnson, the City of Olympia’s Ad Hoc Committee on Police and Community Relations, Andre Thompson and Bryson Chaplin, and local groups working for racial justice, go to Little Hollywood, www.janineslittlehollywood.blogspot.com, and type key words into the search button.

For more information about Amnesty International’s report “Deadly Force: Police Use of Lethal Force in the United States,” go to: www.amnestyusa.org/deadlyforce

Above: Names of Black loved ones lost to police violence are written in chalk outside the Washington State Capitol Building in Olympia. 

Monday, October 22, 2012

National Day of Protest Against Police Brutality in Olympia

 

Above: Participants of tonight's National Day of Protest Against Police Brutality in Olympia set out from Sylvester Park, walking to Bayview Thriftway, to remember an incident involving Steven Edwards, who died of a heart attack on November 7, 2002 after being tased.
 
National Day of Protest Against Police Brutality in Olympia

By Janine Unsoeld
www.janineslittlehollywood.blogspot.com

A dozen South Sound community members gathered in Sylvester Park tonight in downtown Olympia to participate in a national day of protest against police brutality, just one of over 30 planned events held across the country tonight, including Seattle.

Olympia’s event was sponsored by the Green Party of South Puget Sound, a group that has begun a study into Olympia police department incidents in which excessive or deadly force has taken place. Walking to the actual locations in the downtown area and taking turns reading an account of the incident that occurred there, the group honored those traumatized by and commemorated those killed by Olympia police officers in recent years.

Recognized incidents included those involving community members David “Long Hair David” Fawver, Steven Edwards, Maggie Belknap, Joseph Burkett, Jose Ramirez-Jimenez, Bradden Ferber and Scott Yoos.

Janet Jordan, chair of the local Green Party, compiled the list of incidents and said that several of the victims were punished for simply not following orders fast enough. Others were overcome in struggles when they were suspected of having broken the law.  While those present asked numerous, specific questions about individual cases, she said, in all cases, human lives were devastated, and in several cases, lives were lost.  

Jordan later said that videos are useful to citizens in conflict with the police, and many activists do take on the role of recording what happens during an incident. Although video cameras on Olympia police department vehicles are useful, lapel cameras on officer's uniforms may be even more effective.

"We are hoping to break the pattern where Olympia police demand for instant and total obedience from citizens...and bring the police back to the status of human beings among other human beings, whom they have a responsibility to protect," said Jordan.

As the group moved to each incident location with their placards, they often received supportive 5:00 p.m. rush-hour honks and thumbs up from passing drivers.