Excessive Use of Force

by Loretta P. Prater

  When the officer shouted to Leslie to put his hands behind his back, Leslie was still walking voluntarily toward his car with Officer One, as he had been instructed. At that point, the thirty-two-year-old officer led the charge to take Leslie “down,” using an arm bar technique, because Leslie had not put his hands behind his back. This was at 18:46, or 6:46 p.m. EST. This “take down” was the first step that led to Leslie’s death from positional asphyxiation.37

  Movements by Leslie were in an effort to try to pull himself up and away from the officers, while being held facedown. This was stated by Officer One, who also admitted that Leslie made no aggressive movements toward the officers. It was documented in the deposition that none of the officers sustained any injuries.

  While Leslie was cuffed and facedown, Officer One put his weight on the back of Leslie’s legs and shot mace in Leslie’s face, although he admitted to not remembering, from his training, the appropriate timing of a shot of mace. In addition to him, two other officers were applying pressure to Leslie’s body, using their arms and knees. They were joined by the African American officer. The manner in which they held Leslie down resulted in pressure on his back, shoulder, chest, and arms. According to Officer One, Leslie was trying to roll over and was yelling and screaming at that time. His yelling began at the point of being sprayed with mace. One could only imagine the physical pain he must have been experiencing. When our family met with the medical examiner, Dr. King, he told us that, because of the injuries to Leslie’s body, he suffered a lot of pain prior to his death. This knowledge still haunts me, as it would most parents. As previously stated, it is as though I can still feel his pain, even thirteen years after his death.

  The African American officer joined the restraint sequence and, along with the thirty-two-year-old officer, they crossed Leslie’s ankles and pushed his legs towards his buttocks and held him in that position for a period of time. This is the deadly and illegal hog-tie restraint technique that is even against the policy of the Chattanooga Police Department. So, they went against their own department’s policy. While they were using the hog-tie restraint, Officer One was putting pressure on the right side of Leslie’s body and his partner was on the left side. Leslie had already been handcuffed and maced once at that time, and was still lying facedown. During the deposition session, Officer One admitted that he had never heard of the “hog tie” restraint. It wasn’t taught at the academy. After Nick Brustin described the hog-tie position, Officer One stated that he had only associated the description of the position with techniques used at a rodeo, but not with police work. He didn’t know that the use of the hog-tie could lead to somebody dying. Officer One stated that if he had been trained, he would not have done that.

  According to Officer One, Leslie had exhibited no active resistance until he was facedown in the grass, on his stomach and chest. According to documentation and Officer One’s testimony, Leslie was maced and handcuffed at 6:58.30 p.m. Later, he was maced again by Officer One and once by his partner, for a total of three times, which further compromised Leslie’s ability to breathe. Officer One couldn’t remember if he received training that it was appropriate for two people to use mace against one individual, or if it was appropriate to do three half-second to second shots of mace into one person’s face in a short period of time. He stated that the only thing he could remember from training is that if the person was still noncompliant, you could continue to use the mace if needed. I must mention here that during our first conversation, with the police chief, he told us that there was no pepper spray used. That was just another one of the many lies, or alternative facts, communicated to us by police officials in this case.

  Leslie was held down for about eleven minutes, until the officers decided that Leslie was, in the words of Officer One, compliant. When Leslie was turned over at 7:08.47, it was noticed that he wasn’t breathing. In this case, the word “compliant” was the same as “deceased.” The manner in which Leslie’s body was positioned and held is consistent with the conclusion by two medical examiners that positional asphyxia was the cause of death.

  Of note is that Officer One admitted that he had never received any training about positional asphyxia. In fact, prior to our case, he had never heard of it. He did not recall any training that there was a particular danger of someone dying from positional asphyxia when they were maintained in a face-down position, while rear handcuffed and after being maced. According to Officer One, if he had known about positional asphyxia, he would not have employed a practice that could lead to someone dying. During the session, Nick Brustin showed the video Positional Asphyxia, NYPD Training Division. The video clearly demonstrated that as soon as persons are handcuffed, officers are supposed to get them off of their stomach. Officer One stated that he had never seen the video.

  Attorney Brustin asked Officer One a series of questions related to the injuries to Leslie’s body, in which Officer One constantly replied, “I don’t know.” He didn’t know how Leslie got twenty-one fractures on sixteen of his ribs. He didn’t know why there was severe bruising to Leslie’s scrotum, although an eyewitness reported seeing an officer kick Leslie in the scrotum. Officer One stated that he didn’t know how Leslie got contusions on his lower back, his right upper chest, his right lower chest, his right arm and forearm, his left shoulder, his left arm and forearm, his left thigh, or his wrist. Officer One also stated that he didn’t know how Leslie got abrasions on his lower back, on his legs and knees, and on his wrists. He finally agreed that the injuries described by Mr. Brustin could be considered the result of a somewhat violent struggle.

  The deposition lasted six hours and forty-five minutes. During that time, there was a moment when my eyes locked with those of Officer One. His body language seemed to say, “I’m sorry,” although he has never spoke those words to us. There was a brief lunch and bathroom break. In good faith, there were documents requested for the deposition that were not provided. Mr. Brustin stated, “If we receive new documents that relate to this witness, our position will be . . . and hopefully we can negotiate a resolution . . . would be that he may need to come in for some questioning on those documents.” I received a copy of the deposition from attorney John Wolfe on June 15, 2007.

  I will repeat my original question: “How did Leslie Vaughn Prater die?” Leslie’s death was officially identified as a homicide on two autopsy reports and the death certificate. His death was one of many that occurred in the United States after physical contact with police officers. Yet justice is commonly denied in these cases. I am amazed by the zeal with which the United States government selectively goes to other countries to fight for human rights, while human rights are violated right here in this country, right here in our own neighborhoods. Police officers can violate human rights of Americans, even kill unarmed Americans, and it seems as though the majority of US citizens and elected officials look the other way or make excuses for the actions of abusive officers. In these situations, the country refuses to admit the possibility that police misconduct is real and rampant, potentially reaching crisis proportions. People are in denial. Yes, there are honorable people who choose to become police officers, and we need those public servants. However, many people feel that anyone who puts on a police uniform and badge can do no wrong. There would be a lot fewer graves in the cemetery if that were true.

  2

  Police Brutality

  Myth or Reality?

  A myth is a concept that some believe to be true but is not documented with facts; reality, on the other hand, has a foundation in actual experience. Of course, there are always philosophical gray areas and subjective perceptions. In this chapter, I am proposing that police brutality is reality. After reading the chapter, you may or may not alter your opinion. I recall the old adage that “a man convinced against his will is of the same opinion still.” I cannot imagine any words or circumstances that could convince me that police brutality is nonexistent.

&nbs
p; After viewing a Cable News Network (CNN) report on Tuesday, April 6, 2015, my immediate thoughts were focused on another grieving family. The startling report featured a video of a black man running from a white police officer in North Charleston, South Carolina. Fifty-year-old Walter Scott was shot in the back and killed by Officer Michael Slager. Fortunately, Mayor Keith Summey of North Charleston spoke on behalf of justice. He said, “It doesn’t matter if you are behind the shield or just a citizen; when you are wrong, you have to take responsibility for your actions.” Officer Slager was arrested, charged with murder, and held without bond.1 Initially, the officer denied any wrongdoing. On May 2, 2017, he entered a plea deal admitting to using excessive force in the shooting death of Mr. Scott.2

  Did the murder of unarmed Walter Scott cause you to pause and wonder if Officer Slager was a terrorist? I would expect a response of “no.” If nothing else, I imagine that I just got your attention. Let me further get your attention by continuing with some more strong language. Terror, terrorist, and terrorism are words commonly used in the media. Most of the time, the focus is on acts of terrorism in other countries or preventing terrorists from infiltrating the United States. You may question why I am introducing terrorism into this discussion. How is terrorism connected to police brutality? Here is my response: I view terrorism as the use of violence to intimidate another. If reports are accurate, in neighborhoods all over the United States, police are intimidating people and denying citizens the right to life, liberty, and the pursuit of happiness. Certainly, Mr. Scott was denied his right to life after a routine traffic stop. This common injustice is evidenced through assaults and homicides perpetrated by law enforcement officers. Collectively, these incidents are often referred to as police brutality, a civil rights violation that occurs when a police officer uses excessive force with regard to a civilian.3

  I pose the question, “Should the Centers for Disease Control declare a health crisis in urban America because of deaths resulting from the social disease of police brutality?” Has this disease, which can impair one’s ability to continue breathing, reached epidemic proportions? I think so, because an epidemic is a rapid proliferation of a condition, and a disease impairs a vital health function. I learned in elementary school that breathing is a necessary function of being alive.

  Reported incidents of police brutality have been continually increasing at a rapid pace, which would qualify as an epidemic. Can you imagine the number of incidents that are never reported? You may say, “But that doesn’t mean that even the reported allegations are true,” and you would be correct. In America, the increase in police brutality is a frightening reality. According to those reports, in the decade from 2003 to 2013, the number of people murdered by police reached five thousand. This is in contrast to the 4,489 soldiers killed since the inception of the Iraq war until December 2013. Police presence is being turned into a military, with the enemy being anyone who would dare question their authority.4

  In the December 18, 2007, edition of USA Today, the Department of Justice reported that police brutality cases have increased by 25 percent from 2001 to 2007 over the previous seven years.5 This report represents reality. You may feel that police brutality is a myth and doesn’t actually occur. The fact that it hasn’t happened to you or someone in your family is not proof that it doesn’t happen to others. If you are not a person of color, it is more likely that you have not been a victim of police brutality, although police violence cuts across racial lines. If you are African American, you are far more likely to die at the hands of a police officer than if you are white.6

  There are others of the opinion that police brutality is a reality. Consider the following from Amnesty International, in which the group cites a previous report:

  While only a minority of the many thousands of law enforcement officers in America engage in deliberate and wanton brutality, Amnesty International found that too little was done to monitor and check persistent abusers, or to ensure that police tactics in certain common situations minimized the risk of unnecessary force and injury. The report also highlighted evidence that racial and ethnic minorities were disproportionately the victims of police misconduct, including false arrest and harassment, as well as verbal and physical abuse.7

  Unfortunately, in prior years, few of these incidents were documented on videotape. In more recent times, advances in cell phone and camera technologies have resulted in an increased number of recorded altercations between police officers and citizens. In the case of Mr. Scott’s murder, a citizen was walking to work and saw the altercation, which he recorded using a cell phone. In 2014, a movement began to require all police officers to wear body cameras. If this occurs, these recordings can be helpful, although recorded evidence of police wrongdoing doesn’t guarantee that citizens will receive justice. Regardless of the circumstances or evidence, overwhelmingly, police officers are not held accountable for behavior resulting in the injury or death of citizens. For example, the outcomes of cases in Los Angeles document that officers there receive few indictments or convictions.8 Furthermore, even twenty-three years after the Rodney King videotaped incident, victims of police violence get even less justice.9

  Consider the case of the unmerciful beating of Adam Tatum, a thirty-seven-year-old African American male in Chattanooga, Tennessee, on June 14, 2012. Police were called to the scene at the Salvation Army because of a disturbance involving two persons arguing, one being Mr. Tatum, who was kicking a door. In response to the call, two white officers arrived and struck Mr. Tatum repeatedly with batons and fists, shocked him with a stun gun, and maced him. According to the results of the investigation, Mr. Tatum was hit forty-four times with a metal police baton and choked. He suffered six fractures to his right leg and two to his left leg, including a compound fracture. The chief of police released those officers from duty. He stated that this case was one of the worst cases of excessive force he had seen in his twenty-five-year career, and that he would not subject the citizens of Chattanooga to these two officers.10

  A video of this violent beating shows the bloody victim on the floor begging for his life and for them to stop beating him. A Hamilton County grand jury declined to indict the officers on criminal charges. A six-month federal investigation also yielded no charges. The outcome of this situation was that the police officers hired attorneys, and an administrative law judge granted their appeal to get their jobs back. After their reinstatement, they sued the city for $500,000. The lawsuit was settled. The officers received back pay, pension contributions, and an additional $15,000 for a total of $88,000 between them. They agreed to resign, with no negative documents in their file. Mr. Tatum also sued the city and received a $125,000 settlement.11

  I traveled to Chattanooga to sit in on some of the Tatum hearings because of my personal interest in this type of case. I watched the video, which was shown during the hearing, although it was available on the internet and was featured in a number of televised news reports. Mr. Tatum’s mother had to leave the courtroom, because she could not bear to watch the video. The video clearly was a demonstration of the use of excessive force. Because their files documented a clean employment record, the officers probably sought employment in another police department, where they now can continue their street justice behavior. In Chattanooga, even fired police officers rarely lose their certification, which allows them to maintain eligibility to work for other police departments. For example, between 2011 and April 2015, no fired officers from Chattanooga were decertified, which was not the case in other major cities in Tennessee, according to the Tennessee Peace Officers Training Standards Commission.12 From that report, one might surmise that the best place in Tennessee for a “bad cop” to work is in Chattanooga, although Chattanooga also has good police officers.

  The structure that protects police officers from accountability in police brutality accusations is collectively referred to as the “Blue Wall of Silence.” It is interesting that the “Blue Wall” is not
as effective if an officer is accused of theft or selling drugs or weapons. Those criminal offenses can result in suspensions, dismissals, indictments, and convictions resulting in incarceration. Officers can receive more punishment for stealing than for using excessive force, even if it leads to death.13 They are even disciplined for insubordination or for other actions unbecoming of an officer. In 2005, a ten-year veteran officer in the Chattanooga Police Department was dismissed for “touching himself” behind a grocery store and downloading pornography on his city computer.14 Many years ago, there was an incident of an off-duty police officer stealing steaks from a store where he was working as a part-time security guard. He was fired. I mention that case because I personally knew this person, who had been a respected officer in the community. However, if an officer assaults or kills an unarmed citizen, the resources of the “Blue Wall” are immediately activated. All the officer has to do is repeat the phrase “I thought my life was in danger,” or “I felt threatened,” even if there are no rational circumstances to support such accusations. The wall is strong, it is built very high, and it is supported by a system that is in blind denial.

  One might think that the “Blue Wall” would be weakened after numerous claims of abuse against particular officers, but that doesn’t seem to make a difference either. Those complaints are often dismissed. As an example, in the July 8, 2001, edition of the Cincinnati Enquirer, it was reported that out of the hundreds of complaints against the police in Cincinnati, more than 90 percent were dismissed. The complaints were rarely forwarded to Internal Affairs or to the city’s independent investigatory agency. Those complaints were considered minor.15 Because even complaints that have been videotaped and resulted in death have been dismissed, I must ask, “What represents a major complaint?”