Wednesday, November 26, 2014

Ferguson Grand Jury Decision

As expected the grand jury in the fatal shooting of Michael Brown refused to indict officer Darren Wilson, and also as expected that decision prompted a night of protests and looting.  Everybody and their brother seems to have chimed in with their opinion on this. 

Cher said "Have problem re decision not 2bring 2 trial,Police who shot young man near St.Louis.Something must b done 2 protect innocent young blk men".  Michael Brown was not an innocent young black man, Cher.  He was high enough to hallucinate according to the toxicology report, he had just stolen a box of cigars, and he assaulted a police officer.  All illegal.

Moby tweeted "darren wilson chased michael brown and murdered him. how did the grand jury get around this basic fact?"  The fact is Officer Wilson chased a suspect after the suspect assaulted him.  That's his job.  The jury got around this "fact" by looking at the evidence, Moby.  All of it.  Thoroughly.  For months.

Magic Johnson offered this: "Justice was not served in Ferguson."  Justice works both ways, Magic.  Charging a police officer with a crime when he was only following his training and doing his job is not justice.


When the grand jury in the shooting of Trayvon Martin deliberated over whether to charge George Zimmerman with murder, I felt that they would have no choice but to rule against charging based on the lack of evidence.  In fact they not only charged him, they charged him with second degree murder.  According to Harvard law professor Alan Dershowitz, one of the leading authorities on the law in the country, even third degree murder would have been difficult to prove given the evidence.  I was stumped as to why they went for second degree murder?  I think I now know why. 

When agitators like Al Sharpton showed up in Sanford, Florida insisting that Zimmerman be charged, the authorities had a choice to make - charge Zimmerman or have a riot.  By overcharging him they were able to avoid a riot while guaranteeing an acquittal which means that an innocent man won't go to prison. 

Had they done the same thing in Ferguson they could have avoided the devastation from Monday night's riot.  A bogus trial is cheaper and much less messy than a riot, after all.  Who cares about due process and the rights of the accused?

Nobody is saying that racism doesn't exist, or that race isn't a factor in how police do their jobs.  But this really isn't about race.  It's not about society.  It's not about one family's grief.  All of those things are interesting to talk about, but the only issues that matter here are "what happened" and "what does the law say?"  The jury concluded that what happened made lethal force justifiable, and therefore it couldn't indict Officer Wilson.  That's how our system works.  If you don't like it, change the system.  If you don't like the laws, then change the laws.  But in my opinion you shouldn't wrongfully charge a man who was only doing his sworn duty to protect the public just to appease an angry mob.





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