BOTH Freddie Gray, the 25-year-old black man who died in police custody in Baltimore last week, prompting angry protests this weekend, and Walter Scott, who was shot to death in South Carolina by Officer Michael Slager, would probably be alive today if they had not fled from the police. They set in motion the events that led to their deaths. Fleeing the police is practically an admission of guilt.

That’s not to say the officers who arrested Gray acted properly or that Gray shouldn’t have received medical treatment immediately when it was clear that he was injured or that he should even have been pursued. (It seems, judging from the reports so far, that the police mistreated him and he should have been rushed to the hospital right away.) That’s also not to say Slager should have shot Scott. But police in violent cities like Baltimore can’t possibly protect blacks from other blacks, who are their primary victimizers, unless their authority is recognized and respected.

Here is a shocking video of a Russian journalist robbed during the protests.

— Comments —

Buck writes:

Legally and morally, using deadly force to prevent the escape of a fleeing suspect or a certain criminal has to be a tough call for anyone in law enforcement. Unless there is an active shooter, it seems to me that it is going to become increasingly difficult for a mentally healthy, dedicated police officer to act without testing the law. Policeman, just like everyone else, must justify why they shoot.

Are all police officers – the total across the country – shooting criminals more often than they should be? Innocents should never be shot.

“Stop or I’ll shoot!”, absent the required flawless, instant, and comprehensive legal, situational and procedural analysis, and if “the officer has [irrefutable] probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others”, has been unlawful since Tennessee v. Garner, 1985.

Edward Garner, a 15-year-old was shot in the back of the head while climbing a six foot chain-link fence to make good his get-a-way after a burglary. “With the aid of a flashlight, [police officer] Hymon was able to see Garner’s face and hands. He saw no sign of a weapon, and, though not certain, was ‘reasonably sure’ and ‘figured’ that Garner was unarmed.” It’s hard to imagine why officer Hymon felt that he had to shoot young Garner, rather than let him get away. But, the law permitted it.

Officer Hymon was not in violation of Tennessee law or department policy. He was cleared after a board review and at the District Court where young Garner’s father pursued the case. “Hymon had employed the only reasonable and practicable means of preventing Garner’s escape. Garner had ‘recklessly and heedlessly attempted to vault over the fence to escape, thereby assuming the risk of being fired upon.’ ” The father pursued the case, and the Court of Appeals reversed the District. Tenessee took it to the Supreme court which declared their law unconstitutional. “Stop or I’ll shoot!” is no longer legal. It’s an unreasonable “seizure” under the Fourth Amendment.

So, what do we the people, want our police to be able to do? How do we retain or regain the necessary lawful advantage over the criminal without giving our police a lawful advantage over us?

A criminal who knows that he will not be shot if he flees is not going to peacefully submit to an arrest if he’s confident that he can out run a cop. Why would he? Even the dumbest criminal understands that advantage.

Most crime is commited by career criminals who understand the law and understand the tradeoff that we are making.

From the U.S. Department of Justice:

*77 percent of felony defendants have at least one prior arrest and 69 percent have multiple prior arrests. 61 percent have at least one conviction and 49 percent have multiple convictions.

*35 percent of those charged with felonies have 10 or more prior arrests and another 17 percent have between 5 to 9 arrests, thus 52 percent of charged felons have been arrested and before the courts many times.

*40 percent of those charged with burglary and motor vehicle theft have 10 or more arrests. 30 percent of violent offenders have 10 or more prior arrests.”

Edward Garner was a “youth offender.” Most are seasoned professionals who certainly know the one simple element of a law that gives them their advantage.

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