Ohio: Patrolman Acquitted and Riots Begin

    

      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