This past
Saturday, Cleveland patrolman Michael Brelo (31) was acquitted in the deaths of
two people that were African American.
At the moment that the verdict was entered into official record, an
array of protests were set off within the Northern Ohio city. The vast majority of the protests were
orderly and included a mock funeral (which included 200 people). Each person that was involved within the
protests could not fathom how an instance that began with a vehicle backfiring
could possibly end in a 137 shot barrage.
This barrage also included Brelo being on the hood of the victim’s
automobile shooting through the windshield resulting in the deaths of two black
suspects that were UNARMED.
On Saturday, as
the judge issued the verdict, Brelo placed his head into his hands. Police were forced to block a multitude of
enraged protestors from entering.
Throughout the night, protests continued, including those that involved
signs carrying the question, “Will I be next?” Given the current state of the
United States and its police force and judicial system, that is the question of
the hour for anyone with a tinge of pigment within their skin. “Will I be next?”
Will I be caught
in the middle of a Wild West shootout for living while black just to have my
murderer left with no repercussions at all?
This acquittal came at a time when national tensions between black
citizens and police are at an all-time high.
Additionally, it had been determined by the United States Department of
Justice that the Cleveland Police Department has had a lengthy history of using
excessive force and violating the civil rights of its residents.
With all of
this swirling about the minds of black citizens within the nation, things
became even more complicated and confusing as Judge John P. O’Donnell reflected
upon the civil unrest before delivering the verdict within the Brelo voluntary
manslaughter trial.
“In many American places people are
angry with, mistrusting and fearful of the police. Citizens think the men and women sworn to
protect and serve have violated that oath or never meant it in the first place.”
– Judge O’Donnell
After his insightful
reflection, judge O’Donnell contended that he would not be offering Brelo up to
an angry public if the evidence was not worthy of a conviction. This revelation is what truly cause a great
deal of confusion with all of those in and around the courtroom. How was the evidence in a case in which two
unarmed black men were shot from the hood of the vehicle that they were in did
not warrant a conviction?
“I will not sacrifice him to a
public frustrated by historical mistreatment at the hands of others.” – Judge O’Donnell
It was Brelo that
fire a grand total of 49 shots that included the 15 that came while he stood
firmly on the hood of the car. The
Cleveland police officer faced upwards of 22 years in prison if the judge would
have handed down a voluntary manslaughter conviction. The deaths resulted after the beat down Chevy
Malibu of Timothy Russell backfired while it sped past police
headquarters.
By the close of
November 29, 2012 both Timothy Russell (43) and Malissa Williams (30) were
killed after being shot more than 20 times each. The firing began after a pursuit of the two
while within the aged Malibu. The
prosecutors of the case argued that the duo was alive until Brelo’s final
onslaught of bullets. Medical examiners
that were presented on both sides of the case stated that it was virtually
impossible to determine the precise order in which the deadly shots had been
fired. This case hinged on 7.932 seconds
during which Officer Brelo was able to fire 15 rounds into the car. O’Donnell believed that Brelo was able to
cause some of the fatal wounds, four of which could have killed Russell and
seven could have killed Williams, but shot fired from other officers could have
as well. According to the judge, a
voluntary manslaughter conviction would require for Brelo’s shots to have been
alone the causes of death or the final wounds tipped the balance between death
and life.
There were 13
officers that ultimately fired at the vehicle after a 22 mile high speed chase
that involved 62 unmarked and marked cars.
Speeds during the chase reached 100 mph at times and Brelo has been the
only officer that has been charged in the matter. According to prosecutors, Brelo was charged
because he alone waited until the pair was no longer a threat to anyone before
firing his final shots into the car.
No one was ever
able to learn why Russell did not stop the car for officers. He did have a criminal record that consisted
of previously being involved in a police pursuit, robbery and the receiving
stolen property. Williams also had
convictions for an attempted abduction as well as drug related charges. There was a crack pipe found later within the
car, and the two had been described as addicted to drugs, homeless and mentally
ill.
For almost an
hour, O’Donnell took the time to explain his decision, even utilizing
mannequins that were marked with gunshot wounds. It was possible for the officer to have been
convicted of lesser charges, but the judge determined that his actions were
justified following the car chase. This
justification was supported, according to O’Donnell, by it being state in
official police records that shots had been fired from within Russell’s
Maibu. That is what caused officers to
perceive a threat.
“Officer Brelo risked his life on
that night.” – Defense attorney, Patrick D’Angelo
Michelle Russell, the sister of Russell,
stated that she truly thought that Officer Brelo would have faced justice for
the murder of her beloved brother. According
to the grieving Russell, “He’s not going to dodge this just because he was
acquitted. God will have the final say.”
According to
reports, the US Justice Department, the US Attorney’s Office as well as the FBI
will be reviewing the evidence and testimony while examining available legal
options regarding the matter. This is
according to a statement that has been released by the head of the Justice
Department’s Civil Rights Division, Vanita Gupta.
It does need to be
noted that the unusual timing of the verdict, on the Saturday morning of a
holiday weekend, was expressly intentional.
The top judge within the county stated that it was meant for the
prevention of downtown traffic issues.
“This is tragic experience has
already forced a culture change within the division of police and a needed
reexamination of the use of deadly force.” – Cuyahoga County prosecutor Tim
McGinty
Since the 2012
shooting, the Department of Justice has launched and concluded an investigation
into the department. As previously noted,
the results indicated that the Cleveland Police Department had engaged in a
pattern and practice of using excessive for and the violating of civil
rights. Currently, the DOJ and the city
are negotiating the terms of reform.
Officer Brelo has
been on unpaid leave since being indicted last May; and according to Chief
Calvin Williams, this will remain the case during the disciplinary reviews for
Brelo and 12 others on the force. This
shooting also resulted in a grand jury charging five supervisors with
misdemeanor dereliction of duty for the failure to control the chase. Thus far there has been no trial date set as
of yet, and all five have entered pleas of not guilty.
“Our pursuit of justice for Timothy
Russell and Melissa Williams is not over.” - McGinty
