Tym Gilbertson
CJ-1010-F14
J Ellis
Term Paper
Officer Involved Shootings vs Criminal shootings Over the past five years in Utah, the Salt Lake Tribune reports that more Utahns have been killed by police than by gang members, drug dealers or child abusers. It also reports that more Utahns have been killed by police in 2014 (13) than there has between spouses and dating partners [hereafter referred to as spousal abuse].1 While this report and these numbers are certainly eye opening to the fact that fatal police force is on the rise, it is unfair to compare officer involved fatal shootings in the line of duty to fatal shootings at the hands criminals or citizens with a disregard for the law and/or the authority of the police officers sworn to protect them. Criminals commit fatal violence as a means to an end with complete disregard for the law and the safety and wellbeing of other. Police Officers commit these fatal actions while carrying out the responsibilities of their jobs to uphold the law and protect their community. Part of that job responsibility includes the risk of using deadly force.
Fatal Actions of Non-Police citizens While fatal actions in gangs, drug deals and – especially deplorable - child and spousal abuse should not be treated callously, comparing these statistics to the statistics of officer involved fatal actions is comparing apples to oranges. With special exception given to child/spousal abuse, the majority of these actions are from people working outside the law with the real intention of committing violence that ends the life of others who are often times also acting outside the law (with child/spousal abuse, only the killer is acting outside of the law and ending the life of an innocent person).
Gang Violence According to the FBI website FBI.gov, there are over 33,000 violent street gangs in the US. These gangs are responsible for an average of 48% of violent crimes in most jurisdictions and up to 90% in others.2 Most of these crimes are against rival gang members or each other. The national gang center reports that in 2011 over 60% of gang violence was Inter-gang related and over 30% of gang violence was Intra-gang related.3 While it is well known that gang violence does affect law abiding citizens, these gang members are working outside and with a complete disrespect of the law. As explained in our textbook, gang violence is used to establish power, fear and respect and is the majority of the time, premeditated. Not one of these gang members uses violence as a means to protect their community.
Drug Violence Because drug use leads to impaired judgment, it should come as no surprise that the majority of drug-related killings are due to:
· Drug dealers being killed by other drug dealers in turf wars.
· Drug dealers killing their buyers over non-payment.
· Buyers killing drug dealers for drugs they cannot afford.
According to one case study from the National Criminal Justice Reference Service: “Crack and Homicide in New York City: A Case Study in the Epidemiology of Violence….”, 75% of all drug-related homicides were related to exigencies of the illicit market system...the vast majority of [these] homicides occurred between dealers or between dealers and users.4 While these violent crimes may or may not be premeditated, all of them involve a complete disregard for the law. As in the same case for gang violence, not one of these drug abusers was committing violence in the protection of their community.
Police officers and use of deadly force: In stark contrast to the fatal violence between drug dealers and gang members, officer involve fatal actions almost always occur when the officer is responding to a call for their services. Officers are responsible for the protection of their community AND the protection of themselves and their partners. They are not out on the streets trying to seize power and invoke fear. When an officer responds to a situation where their services are needed, they always should have the mindset that the need to use deadly force is very real and may be needed in this situation. A perfect example of this is the incident when Sergeant Cory Wride made what he thought was a routing check of an abandoned car on the side of the highway. This turned out to be an ambush that ended the life of Sergeant Wride. While Sergeant Wride was doing his duty to protect the community, the shooter was premeditating the illegal fatal shooting of a police officer.5
According to Utah’s criminal code 76-2-404, a Peace Officer can use deadly force when:
· (b) effecting an arrest or preventing an escape from custody following an arrest, where the officer reasonably believes that deadly force is necessary to prevent the arrest from being defeated by escape; and
· (i) the officer has probable cause to believe that the suspect has committed a felony offense involving the infliction or threatened infliction of death or serious bodily injury; or
· (ii) the officer has probable cause to believe the suspect poses a threat of death or serious bodily injury to the officer or to others if apprehension is delayed; or
· (c) the officer reasonably believes that the use of deadly force is necessary to prevent death or serious bodily injury to the officer or another person.
· (2) If feasible, a verbal warning should be given by the officer prior to any use of deadly force under Subsection (1)(b) or (1)(c).6
Using this definition as a measuring stick for some of the officer involved shootings, we can determine if these officer involved shootings are completely different in nature to drug related and gang related killings.
Dillon Taylor August 11th, 2014 – Police officers responding to a 911 call report that a suspect was flashing a gun at cars, approached and attempted to detain Dillon Taylor. Dillon, under the influence of alcohol and acting in defiance of police officers demands to show his hands and get on the ground, reached his hand into the waistband of his pants. The officer, believing Dillon was reaching for the reported weapon, fatally shot Dillon. By applying the Code listed above, we can come to the conclusion that the officers were justified in this shooting.
· The officers were attempting to detain/arrest Dillon.
· They had probable cause (the 911 call) to believe that Dillon had committed a felony by flashing a gun at cars on the street.
· They had probable cause to believe that Dillon posed a threat of death to others by reaching into his waistband instead of complying with orders.
· They had given verbal warning to Dillon.
Darrien Hunt September 10th 2014 – Police officers stop and attempt to talk to Darrien because of the outfit he is wearing (a representation of one of his favorite Anime characters) and that he was carrying a replication of a samurai sword. Darrien asked the officers for a ride and when the officers noticed that Darrien was carrying a sheathed sword, asked him to put the sword down. No attempt was made to detain or arrest Darrien. Darrien refused to comply with the officers’ request and when the officers informed Darrien that they could not give him a ride unless he put his sword down, Darrien unsheathed and lunged at the officers with the sword. He then attempted to flee on foot from the officers. The officers gave chase, commanded Darrien to stop and responded with deadly force. Applying Utah’s Code, we can come to the conclusion that the officers were justified in this shooting as well.
· After Darrien had swung the sword at the officers, the officers had probable cause to arrest Darrien and were attempting to prevent his escape from custody.
· Darrien had committed a felony by assaulting a police officer.
· The officers had probable cause to believe there was a threat of death or injury to the officers or other citizens – Darrien had swung the sword at the officers.
· They had given verbal commands both for Darrien to put the sword down and to stop after he had fled.
There are many other situations listed in the tribune where officers were involved in fatal shootings of civilians, some of these could be reasonably determined that the officers did not follow protocol when acting with deadly force. A good example of this is the fatal shooting of Danielle Willard. However, in all of the fatal shootings listed in the Tribune report, not one of them is listed as an officer acting while not on duty or outside of his job responsibilities. All of these officers were attempting to do their job and protect their community. To compare these shootings to those of gang members and drug dealers as well as the exceptionally deplorable child/spouse abusers does no justice to the men and women who have sworn to protect us from these gang members, drug dealers and abusers.
References:
1 – Alberty, E. (2014, November 23). Are 45 deaths at hands of police cause for alarm?
Salt Lake Tribune, pp. A1,A10
2 – Federal Bureau of Investigation (FBI). Gangs. Retrieved [2014, December 5] from http://www.fbi.gov/about-us/investigate/vc_majorthefts/gangs
3 - National Gang Center. National Youth Gang Survey Analysis. Retrieved [2014, December 5] from http://www.nationalgangcenter.gov/Survey-Analysis.
4 – Goldstein, P J; Brownstein, H H; Ryan, P J; Bellucci, P A. (1997). Crack and Homicide in New York City: A Case Study in the Epidemiology of Violence (From Crack in America: Demon Drugs and Social Justice) P 113-130, 1997, Craig Reinarman and Harry G Levine, eds. – See NCJ-170648
5 – The Officer Memorial Page, Inc. ODMP Remembers Sergeant Corry Wride. Retrieved [2014, December 5] from http://www.odmp.org/officer/21928-sergeant-cory-wride
6 – Principles of Criminal Responsibility Section 404 Peace officer’s use of deadly force. Utah Criminal Code 76-2-404.
CJ-1010-F14
J Ellis
Term Paper
Officer Involved Shootings vs Criminal shootings Over the past five years in Utah, the Salt Lake Tribune reports that more Utahns have been killed by police than by gang members, drug dealers or child abusers. It also reports that more Utahns have been killed by police in 2014 (13) than there has between spouses and dating partners [hereafter referred to as spousal abuse].1 While this report and these numbers are certainly eye opening to the fact that fatal police force is on the rise, it is unfair to compare officer involved fatal shootings in the line of duty to fatal shootings at the hands criminals or citizens with a disregard for the law and/or the authority of the police officers sworn to protect them. Criminals commit fatal violence as a means to an end with complete disregard for the law and the safety and wellbeing of other. Police Officers commit these fatal actions while carrying out the responsibilities of their jobs to uphold the law and protect their community. Part of that job responsibility includes the risk of using deadly force.
Fatal Actions of Non-Police citizens While fatal actions in gangs, drug deals and – especially deplorable - child and spousal abuse should not be treated callously, comparing these statistics to the statistics of officer involved fatal actions is comparing apples to oranges. With special exception given to child/spousal abuse, the majority of these actions are from people working outside the law with the real intention of committing violence that ends the life of others who are often times also acting outside the law (with child/spousal abuse, only the killer is acting outside of the law and ending the life of an innocent person).
Gang Violence According to the FBI website FBI.gov, there are over 33,000 violent street gangs in the US. These gangs are responsible for an average of 48% of violent crimes in most jurisdictions and up to 90% in others.2 Most of these crimes are against rival gang members or each other. The national gang center reports that in 2011 over 60% of gang violence was Inter-gang related and over 30% of gang violence was Intra-gang related.3 While it is well known that gang violence does affect law abiding citizens, these gang members are working outside and with a complete disrespect of the law. As explained in our textbook, gang violence is used to establish power, fear and respect and is the majority of the time, premeditated. Not one of these gang members uses violence as a means to protect their community.
Drug Violence Because drug use leads to impaired judgment, it should come as no surprise that the majority of drug-related killings are due to:
· Drug dealers being killed by other drug dealers in turf wars.
· Drug dealers killing their buyers over non-payment.
· Buyers killing drug dealers for drugs they cannot afford.
According to one case study from the National Criminal Justice Reference Service: “Crack and Homicide in New York City: A Case Study in the Epidemiology of Violence….”, 75% of all drug-related homicides were related to exigencies of the illicit market system...the vast majority of [these] homicides occurred between dealers or between dealers and users.4 While these violent crimes may or may not be premeditated, all of them involve a complete disregard for the law. As in the same case for gang violence, not one of these drug abusers was committing violence in the protection of their community.
Police officers and use of deadly force: In stark contrast to the fatal violence between drug dealers and gang members, officer involve fatal actions almost always occur when the officer is responding to a call for their services. Officers are responsible for the protection of their community AND the protection of themselves and their partners. They are not out on the streets trying to seize power and invoke fear. When an officer responds to a situation where their services are needed, they always should have the mindset that the need to use deadly force is very real and may be needed in this situation. A perfect example of this is the incident when Sergeant Cory Wride made what he thought was a routing check of an abandoned car on the side of the highway. This turned out to be an ambush that ended the life of Sergeant Wride. While Sergeant Wride was doing his duty to protect the community, the shooter was premeditating the illegal fatal shooting of a police officer.5
According to Utah’s criminal code 76-2-404, a Peace Officer can use deadly force when:
· (b) effecting an arrest or preventing an escape from custody following an arrest, where the officer reasonably believes that deadly force is necessary to prevent the arrest from being defeated by escape; and
· (i) the officer has probable cause to believe that the suspect has committed a felony offense involving the infliction or threatened infliction of death or serious bodily injury; or
· (ii) the officer has probable cause to believe the suspect poses a threat of death or serious bodily injury to the officer or to others if apprehension is delayed; or
· (c) the officer reasonably believes that the use of deadly force is necessary to prevent death or serious bodily injury to the officer or another person.
· (2) If feasible, a verbal warning should be given by the officer prior to any use of deadly force under Subsection (1)(b) or (1)(c).6
Using this definition as a measuring stick for some of the officer involved shootings, we can determine if these officer involved shootings are completely different in nature to drug related and gang related killings.
Dillon Taylor August 11th, 2014 – Police officers responding to a 911 call report that a suspect was flashing a gun at cars, approached and attempted to detain Dillon Taylor. Dillon, under the influence of alcohol and acting in defiance of police officers demands to show his hands and get on the ground, reached his hand into the waistband of his pants. The officer, believing Dillon was reaching for the reported weapon, fatally shot Dillon. By applying the Code listed above, we can come to the conclusion that the officers were justified in this shooting.
· The officers were attempting to detain/arrest Dillon.
· They had probable cause (the 911 call) to believe that Dillon had committed a felony by flashing a gun at cars on the street.
· They had probable cause to believe that Dillon posed a threat of death to others by reaching into his waistband instead of complying with orders.
· They had given verbal warning to Dillon.
Darrien Hunt September 10th 2014 – Police officers stop and attempt to talk to Darrien because of the outfit he is wearing (a representation of one of his favorite Anime characters) and that he was carrying a replication of a samurai sword. Darrien asked the officers for a ride and when the officers noticed that Darrien was carrying a sheathed sword, asked him to put the sword down. No attempt was made to detain or arrest Darrien. Darrien refused to comply with the officers’ request and when the officers informed Darrien that they could not give him a ride unless he put his sword down, Darrien unsheathed and lunged at the officers with the sword. He then attempted to flee on foot from the officers. The officers gave chase, commanded Darrien to stop and responded with deadly force. Applying Utah’s Code, we can come to the conclusion that the officers were justified in this shooting as well.
· After Darrien had swung the sword at the officers, the officers had probable cause to arrest Darrien and were attempting to prevent his escape from custody.
· Darrien had committed a felony by assaulting a police officer.
· The officers had probable cause to believe there was a threat of death or injury to the officers or other citizens – Darrien had swung the sword at the officers.
· They had given verbal commands both for Darrien to put the sword down and to stop after he had fled.
There are many other situations listed in the tribune where officers were involved in fatal shootings of civilians, some of these could be reasonably determined that the officers did not follow protocol when acting with deadly force. A good example of this is the fatal shooting of Danielle Willard. However, in all of the fatal shootings listed in the Tribune report, not one of them is listed as an officer acting while not on duty or outside of his job responsibilities. All of these officers were attempting to do their job and protect their community. To compare these shootings to those of gang members and drug dealers as well as the exceptionally deplorable child/spouse abusers does no justice to the men and women who have sworn to protect us from these gang members, drug dealers and abusers.
References:
1 – Alberty, E. (2014, November 23). Are 45 deaths at hands of police cause for alarm?
Salt Lake Tribune, pp. A1,A10
2 – Federal Bureau of Investigation (FBI). Gangs. Retrieved [2014, December 5] from http://www.fbi.gov/about-us/investigate/vc_majorthefts/gangs
3 - National Gang Center. National Youth Gang Survey Analysis. Retrieved [2014, December 5] from http://www.nationalgangcenter.gov/Survey-Analysis.
4 – Goldstein, P J; Brownstein, H H; Ryan, P J; Bellucci, P A. (1997). Crack and Homicide in New York City: A Case Study in the Epidemiology of Violence (From Crack in America: Demon Drugs and Social Justice) P 113-130, 1997, Craig Reinarman and Harry G Levine, eds. – See NCJ-170648
5 – The Officer Memorial Page, Inc. ODMP Remembers Sergeant Corry Wride. Retrieved [2014, December 5] from http://www.odmp.org/officer/21928-sergeant-cory-wride
6 – Principles of Criminal Responsibility Section 404 Peace officer’s use of deadly force. Utah Criminal Code 76-2-404.