Betrayal in Black

by Mark M Bello

  Rochelle begins questioning the witness.

  “Chief Dunn, have you reviewed the Jones-Hayes matter at my request?”

  “Yes, Ma’am, I have.”

  “And have you prepared a summary report of the incident?”

  “I have.”

  “Please recount your summary for the grand jury.”

  “Sure. On the evening of the incident, Marcus Hayes is driving with his family west on Cedar Avenue in Cedar Ridge. Officer Randy Jones observes Mr. Hayes’s vehicle as it crosses Pennsylvania Avenue. A neighborhood Burger King had been robbed earlier by two black men—Officer Jones decides that the driver resembles one of the suspects and radios Officer Alexander Mickler for assistance. Mickler, however, is otherwise engaged. Mickler advises Jones that he cannot dispatch immediately but will do so soon.

  “Jones decides to stop the Hayes vehicle without waiting for Mickler to arrive. Because of the Burger King issue, I am willing to give Officer Jones the benefit of the doubt in pulling over the Hayes vehicle. Maybe it’s a case of better safe than sorry.

  “However, Jones never notifies central that he intends to stop the Hayes vehicle on his own, and he does not conduct a high-risk stop.

  “The vehicle is pulled over and comes to a stop. Jones exits his squad car and approaches the driver’s side door of the Hayes vehicle with his gun holstered. He immediately notices that Mr. Hayes is many years older than the Burger King suspects. He also sees Mr. Hayes’s wife and two young children are present in the vehicle. The wife is seated in the passenger front seat, and the kids are in car seats in the two back seat positions.

  “Rather than telling Mr. Hayes the stop was made in error, Jones proceeds. He claims he smells marijuana and asks Mr. Hayes for his license and registration. Mr. Hayes begins to reach for the information and casually tells Jones that he has a firearm in the vehicle and a license to carry.

  “Jones panics and begins to shout conflicting orders: ‘License and registration,’ ‘show me your hands,’ ‘license and registration,’ ‘hands on the dash,’ and, finally, ‘don’t reach for it,’ after which Jones shoots Hayes four times.

  “A driver’s license and registration are found in Mr. Hayes’s hand as the crime scene is processed. Jones’s various explanations for the shooting are that ‘suspect appeared to be going for the gun,’ ‘I couldn’t see his hand,’ and ‘Hayes was non-compliant.’

  “The shooting and conversations are recorded on Officer Jones’s dash cam system. Significant portions of events are also recorded on Mrs. Hayes’s cellphone. Ambulances and crime scene technicians arrive at the scene, and sometime later, investigators discover a handgun in the center glove box of the vehicle. My conclusions are as follows: One—Officer Jones did not know Mr. Hayes’ identity at the time of the shooting but must have concluded that Hayes and his wife were not the Burger King suspects. Two—no reasonable police officer would have believed that Mr. Hayes matched the description of the Burger King suspects. Three—the car stop was inconsistent with generally accepted police practices and procedures. If Officer Jones truly believed that Mr. Hayes was a robbery suspect, a reasonable officer would have conducted a high-risk stop. Four—the weight of the evidence indicates that the handgun was in the vehicle glove box. Officer Jones’s use of deadly force was objectively unreasonable and inconsistent with generally accepted police procedures.”

  “Thank you for that, Chief Dunn.” Lynch turns to the jury and back to the witness.

  “We have your full report. I will need you to identify and qualify it for the record. That way, we won’t require hours of testimony about its contents and the grand jury may read the report. Sound good to everyone?” Lynch scans the jurors, most of whom are nodding their heads.

  Dunn skims through the report and declares it to be complete and accurate. Lynch moves for its admission and requests that the clerk hand out copies to every juror.

  “Chief Dunn, your report is now in evidence, which will shorten our time today, “ Lynch declares.

  “Thank you, I appreciate it,” Dunn smiles.

  “Let me ask you this, Chief: What were the key pieces of information you used to reach your conclusions?”

  “The dash cam video and audio, the cellphone video, Officer Jones’s statement to Internal Affairs, and the statements of all of the officers who responded to the incident.”

  “What do you believe to be the reason Mr. Hayes was pulled over, Chief Dunn?”

  “In my professional opinion, Mr. Hayes was pulled over because he was a black male. The Burger King robbery was a thinly veiled attempt to justify the stop.”

  Lynch knew this answer was coming, but the grand jurors did not. Several members visibly flinch at the blunt response. Lynch pounces on the moment. “Why do you feel race was the reason for the stop?”

  “The robbery happened much earlier. Mr. Hayes’s presence near the scene of the earlier crime may have been remotely consistent with his possible involvement. However, his age and his family’s presence in the vehicle renders his potential involvement nonsensical.”

  “Anything else?”

  “Yes. There is no other explanation for the detention of the vehicle. Mr. Hayes had no equipment problems. He was not speeding. In fact, he did not violate a single traffic law. Once Officer Jones determines that Hayes is a middle-aged family man, the stop becomes inconsistent with generally accepted police practices.”

  “Any other observations you wish to share?”

  “Yes, Officer Jones’s decision to proceed alone and not wait for Officer Mickler is inconsistent with police procedure.”

  “How do you mean?”

  “Police officers are trained to evaluate potentially dangerous situations. The officer’s goal must always focus on minimizing the risk of danger. In this case, Jones radios Mickler to advise that he suspects these people of the Burger King robbery. Because the Burger King crime is quite serious, the two officers decide Jones should wait for backup. For reasons known only to Jones, he decides to pull them over anyway and proceeds alone. This suggests two distinct possibilities, neither favorable to Officer Jones.”

  “What are those, Chief?

  “Jones was extremely careless for pursuing two robbers on his own, without backup. Or he knew these people weren’t the suspects and he just wanted to hassle them. Either way, this is inferior police work and decision-making,” Dunn concluded.

  “Why do you come to that conclusion?”

  “Because there is no evidence Jones conducted a high-risk stop. You have to understand that cops are trained on how to stop a suspect who might be armed. We work on this. There are drills. The officer uses the cover of his car door and calls to the driver and the passengers to exit and assume a prone position on the ground. Only then does the officer approach and cuff. He detains them until he confirms whether he has the correct suspects. This is basic training stuff.

  “If Jones thought Hayes was the Burger King suspect, that’s the procedure to follow when conducting the stop. Had Officer Jones employed these tactics rather than approaching the window, Mr. Hayes would have stepped out of the vehicle, obeyed orders to assume a prone position and permitted Officer Jones to handcuff him. Following protocol avoids tragedy.”

  “So, Chief, just to confirm, your expert opinion on the use of deadly force in this case is?”

  “In Michigan, use of deadly force is only permissible to prevent death or great bodily harm. The Supreme Court of the United States, in Graham v. Conner, held that a balance test must be made between the rights of the individual and the government’s interests. This is a test of reasonableness. Factors to consider are the severity of the crime the person is suspected of, whether the person poses an immediate threat to safety, or whether the person is resisting. Age and demeanor of the victim are also potential factors.

  “These tests do not lend support to Officer Jones’s conduct. Mr. Hayes broke no laws at the time of the stop. He was traveling with his wife and kids. He was candid and forthr
ight in letting Jones know he had a gun. He took no evasive or threatening action. His ‘crime’ was to be male, black, and driving near the site of a previous robbery committed by a couple of young black guys. Had Jones actually believed Hayes to be one of the suspects, he would have engaged in the high-risk stop tactics I described earlier.”

  “What about the marijuana allegation by Officer Jones?”

  “In my humble opinion, the possibility that Mr. Hayes smoked marijuana at some point is a ‘so what?’ factor,” Dunn scoffs.

  “Even if an investigator gives credence to the allegation, it isn’t enough to justify Officer Jones’ actions that evening. Possession of marijuana is no longer a crime in Michigan, and there is nothing to suggest that Mr. Hayes was driving under the influence. No evidence was present to cause any reasonable police officer to use deadly force. Mr. Hayes doesn’t resist. He doesn’t try to flee the scene. He’s respectful to the officer throughout and attempts to comply with the officer’s inconsistent commands.”

  “Thanks, Chief. Any questions from the grand jury?”

  “Yes, I have a question.” Juror Number Three raises her hand.

  “Juror Three, what is your question?”

  “Officer Jones claimed he couldn’t see the gun, and Mr. Hayes was reaching for something despite the officer’s contrary orders. Why couldn’t those factors be interpreted as actions justifying the use of deadly force?”

  “Good question. The problem is Officer Jones gives Mr. Hayes multiple inconsistent commands. ‘License and registration’ is requested several times. ‘Hands on the dashboard’ is ordered several times. Mr. Hayes has reason to be confused. Furthermore, this man is sitting in a car with his family, and Officer Jones shoots him without ever catching a glimpse of a gun.

  “Mr. Hayes is seat belted and doesn’t remotely match the description of either robbery suspect. He’s cooperative and pulls over as ordered. He doesn’t try to flee or resist in any way and volunteers information. There is no one factor here, but if we look at every factor together, especially Jones’s failure to employ high-risk techniques, it is evident deadly force is unnecessary and inconsistent with generally accepted police practices.”

  Juror Three sits back in her chair, entirely placated.

  “Anyone else have a question?” Lynch scans the grand jury. No takers.

  “Let’s take a break.”

  Chapter Seventeen

  Lawrence Bialy and Rochelle Lynch are seated to the left and right of a podium hastily set up for a news conference in the lobby of the Wayne County Prosecutor’s Office. The two prosecutors are stone-faced, discreetly watching various media members float in and locate seats.

  Soon, all seats are occupied—it is standing room only. The purpose of the news conference is to announce the findings of the grand jury investigating the Jones-Hayes shooting. Five minutes late, Bialy steps to the podium.

  “Ladies and gentlemen. We are assembled here today to announce the grand jury impaneled to investigate the shooting death of Marcus Hayes has published its findings. The grand jury’s principal focus was to determine whether Officer Randy Jones has criminal culpability for the shooting.

  “There are many different types of potential charges considered when one causes another’s death. First and Second Degree Murder and Voluntary or Involuntary Manslaughter are all considerations. Charges depend on the degree of planning or provocation, as well as the actions and state of mind of the perpetrator.

  “When we apply these standards to this case, we ask whether Officer Jones believed he needed to defend his life that evening. Was this belief reasonable or unreasonable? Assistant District Attorney Rochelle Lynch will now publish the findings of the grand jury. Ms. Lynch?”

  Bialy sits as Rochelle Lynch rises and approaches the podium.

  “Thank you, Mr. Bialy. Ladies and gentlemen, the grand jury has issued an indictment charging Cedar Ridge Police Officer Randy Jones with one count of voluntary manslaughter in the shooting death of Marcus Hayes of Detroit. The grand jury has determined Officer Jones was unreasonable in stopping Mr. Hayes and for not releasing him when it became obvious Mr. Hayes bore no resemblance to the so-called ‘Burger King Suspect.’”

  “Furthermore, the grand jury has determined Officer Jones acted unreasonably in giving the suspect multiple, inconsistent orders and expecting compliance with those orders.

  “The grand jury finds Officer Jones acted out of fear for his life and the lives of others in the immediate vicinity. However, the grand jury also finds those fears were unjustified under the existing circumstances. I quote from the indictment.”

  Lynch dons a pair of reading glasses and begins to read directly from a document.

  “‘Officer Randy Jones unreasonably pulled Mr. Hayes over. Mr. Hayes complied fully with the traffic stop even though he had done nothing wrong. When Officer Jones approached the driver’s side window, Mr. Hayes immediately informed Officer Jones he was lawfully carrying a permitted gun. That information caused unjustified or unwarranted panic in Officer Jones, a trained police officer, and that panic was a direct cause of Mr. Hayes’s death. Mr. Hayes complied with the stop, did not act in a threatening manner, and complied, as best he could, with the officer’s inconsistent orders and commands. After Officer Jones approached Mr. Hayes’ vehicle, it was obvious Hayes was with his young family and bore no resemblance to the robbery suspects. Therefore, we, the Grand Jury, do hereby indict and charge Officer Randy Jones with the crime of Voluntary Manslaughter.’

  “We will take your questions . . .”

  ***

  Officer Randy Jones is glued to the television. While he expected the indictment, he is still shocked, not only by the indictment but the harshness of the prosecutors’ rhetoric.

  He watches the press conference. The prosecutors and the press attack his behavior. Question upon question and comment upon comment attack his integrity, judgment, training, and ability. He feels like a tired, beaten, and bloodied boxer backed into the corner, taking blow after blow from his opponent, helpless to weather the assault.

  I panicked. Was Hayes compliant? Did he do anything wrong? Did I allow my prejudice to control my actions? This wasn’t the first time. I’ve done this before. Am I a racist? Maybe I am. I deserve whatever I get. I am unfit to be a police officer—unfit to be Brenda’s husband . . .

  Brenda is at work, so Randy is home alone. He walks to the computer and begins to type. When he finishes, he hits ‘print’ and hears the printer awake, whir, and begin to spit out pages. He rises and walks to the closet, opens the door, reaches in and punches buttons on a digital wall safe. The lock clicks. Randy grabs the handle and pulls the door open. Inside are important papers and a gun box.

  Randy removes a file folder. Everything is in order. Brenda gets everything. He checks his term life policy. It’s been in force long enough to avoid the suicide clause. Brenda will receive the five hundred thousand dollar death benefit.

  A framed photo of Brenda sits on his desk. Randy glances at the photograph and smiles. God, she’s beautiful. Thank you, Lord, for the love of my life. Brenda, you’re a great woman, and you deserve better. I know this will be painful for you, but soon you will forget all the pain I caused. Find love with someone smarter and better, someone who has better judgment, a man who deserves you. You are free to live a happy life, my darling.

  Tears fill his eyes and slowly cascade into his lap as he removes the gun box and opens it to reveal his secondary weapon, a Sig P226. He takes the gun and cradles it in his hands. He kneels and begins to pray in silence. He completes his prayer, takes the gun in his right hand, and directs it to his temple.

  “Forgive me, Brenda. Forgive me, Mr. and Mrs. Hayes. I am so sorry for the pain I have caused,” he cries aloud.

  Randy Jones pulls the trigger. A loud pop echoes through the empty house. A soft breeze blows a single printed page from the printer cradle. The weightless paper floats in the air until it finally reaches the floor, landing softly and s
oundlessly over the outstretched hand of the late Officer Randy Jones.

  Chapter Eighteen

  The grand jury indictment is big news around the office. According to various news reports, Randy’s been indicted and charged with a single count of voluntary manslaughter. Prosecutors are asking him to surrender voluntarily. Brenda’s bosses and coworkers sneak peeks at her while mumbling back and forth. It’s impossible to concentrate on her work, so Brenda leaves early.

  She drives the short distance home and wonders if Randy will be immediately bonded out. Perhaps he’ll get released on his own recognizance. After all, he’s a police officer. Maybe there’s a plea bargain to be worked out. Randy’s a good man, a kind man. He’s protected and served the public. Surely those things will count for something.

  She pulls her Ford Focus into the garage next to Randy’s Ford Edge and enters the house.

  “Honey, I’m home. Where are you?” No answer. She turns the corner. “Honey?” No answer. She peers into the office and stands at the door, horrified. Randy is sprawled on the floor, a large pool of blood oozing from a head wound. Brenda staggers, pulls out her cellphone, and dials 9-1-1.

  ***

  The Cedar Ridge Police Department responds to the scene. The paper and gun still lay on the floor in their original positions. Brenda knows police procedures. She’s touched nothing to avoid crime scene contamination.

  A crime scene technician escorts her out of the office and into the living room. Chief Warren Brooks is standing at the front door.

  “Brenda, I am so sorry for your loss. Are you up to answering a few questions?”

  “Thank you, Chief. What questions do you have?”

  “You came home and found him like this?” Brooks queries.

  “Yes, it was awful. I knew Randy was depressed and angry. I told him to talk to someone. But I never expected him to do anything like this,” she cries. Did I miss the signs?