(Photo: Thomas Hawk)
I have been trying to wrap my mind around BART police officer Johannes Mehserle's defense in the shooting death of 22-year-old black man Oscar Grant.
Mehserle's supposed weapon confusion is at the heart of why he was not convicted of voluntary manslaughter, let alone of second degree murder. The underlying logic of the defense seems to be that drawing the gun was an illegitimate, death dealing mistake but tasing Oscar Grant would have been a legitimate course of action.
A photo of Mehserle and surveillance video of his fellow officer Tony Pirone show each of them brandishing their tasers during the events prior to the shooting on the BART platform.
We are to suppose, then, that when police arrive on a scene where fighting that they have not observed has reportedly occurred it is acceptable to brandish weapons to gain compliance from black men. We are to suppose it is proper procedure to threaten any young black man with weapons if he is suspected of having been fighting prior to the arrival of the police.
We are also to suppose that tasers are not themselves lethal weapons. Electronic Village has compiled a list 84 documented taser death incidents since the beginning of 2009. In addition to a growing body of evidence that tasers are unpredictably lethal, there is evidence that they are over-used by law enforcement and that law enforcement officers tase blacks disproportionately.
A 2008 Amnesty International study found that 90% of those struck by tasers since 2001 were unarmed. Overall, among the 2009-2010 victims on the Electronic Village list, 38% were black, though blacks are only 13% of the total US population. Furthermore, tasers seem to be especially problematic in California. According to the Amnesty study, California and Florida have the highest taser death rates in the country. Among the taser deaths recorded by Electronic Village, twenty-one—or 25%—occurred in California.
The logic that legitimates using tasers, despite data such as above, is the logic of fear. Adam Serwer recently put it this way:
To convict on the higher charge of voluntary manslaughter, the prosecution would have had to prove that Mehserle's fear of Grant and his friends was 'unreasonable.' It decided the crime was involuntary. In other words, Mehserle's fear? That was reasonable.
Serwer provides broad historical context for America's fear of black men, from Toussaint L'Overture to Oscar Grant. In the spirit of collaboration, I'd like to add some information to Adam's history.
In Franklin County, Mississippi, May 1964, two black 19-year-old men, named Henry Dee and Charles Moore, were kidnapped, tortured and murdered by a band of Klansmen. The abductions and torture of Dee and Moore were preceded by a spate of similar kidnappings and beatings, at least 16 according to one set of government documents, all in the same small, southwest corner of Mississippi.
During that four month period, bands of Klansmen ambushed black men coming home from work at night or lured them out to deserted roads on false pretenses, brought them out into the woods or oil fields and whipped them and interrogated them. Were their victims—or other blacks the victims knew—members of the NAACP, the Klan wanted to know?
It appears that until May 2, 1964, all of the victims of these abductions got away alive; some have lived with effects of severe injuries the rest of their lives. What brought the Dee-Moore abductions to a deathly end?
There is no evidence that the instigator of the Dee-Moore kidnapping and beatings was involved in the other incidents from early 1964. But when he targeted Henry Dee, he was not worrying about the the NAACP. When Klansmen threw Henry Dee and Charles Moore on the ground, tied them up and beat them with bean poles, the torturers asked the 19-year-olds about a black insurrection instead of about the NAACP.
Henry Dee had recently been to Chicago to visit relatives there. He came back to Mississippi wearing a do-rag and exhibiting other trappings of northern city life. This, with rumors that had started circulating that black Muslims from Chicago were bringing guns into Mississippi to arm local blacks, made Dee an embodiment of much that the Klan feared and had mobilized to suppress. The Klansmen were so intent on getting Dee that when his friend Moore joined him on the street and the two started hitchhiking together from Meadeville to Natchez, the Klansmen took Moore along for the ride and killed them both.
The Dee-Moore case is rare. Unlike scores of other cold cases from the Civil Rights Era, after 43 years, it was finally brought to court. One of the Klansmen involved went to prison in 2007 on federal kidnapping charges for his role in the murders, and, more recently, Franklin County settled a landmark civil suit with the families. Yet, even here, with significant closure for the victims' families and government being held to account for collusion with the Klan, no perpetrator has been charged with murder and no government official has admitted to any wrongdoing.
In this history of fear, self-possessed black men, who advocate for their rights and are willing to defend themselves when attacked (or are suspected of these things), are met with pathological, frenzied violence. We have not faced this history or held past perpetrators accountable. Until we do, we will continue to have Oscar Grants and we will continue to lack the will for adequate justice.
(A note of thanks to David Ridgen, who made factual corrections and shared his original research for the passages on Henry Dee and Charles Moore.)
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