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Stephan Salisbury

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Police Shootings Echo Nationwide

Posted: 07/30/2012 9:58 am

Aurora Gets the Attention, But Guns Are Going Off Everywhere

Cross-posted with TomDispatch.com

Welcome to the abattoir -- a nation where a man can walk into a store and buy an assault rifle, a shotgun, a couple of Glocks; where in the comfort of his darkened living room, windows blocked from the sunlight, he can rig a series of bombs unperturbed and buy thousands of rounds of ammo on the Internet; where a movie theater can turn into a killing floor at the midnight hour.

We know about all of this. We know because the weekend of July 20th became all-Aurora-all-the-time, a round-the-clock engorgement of TV news reports, replete with massacre theme music, an endless loop of victims, their loved ones, eyewitness accounts, cell-phone video, police briefings, informal memorials, and “healing,” all washed down with a presidential visit and hour upon hour of anchor and “expert” speculation. We know this because within a few days a Google search for “Aurora movie shootings” produced over 200 million hits referencing the massacre that left 70-plus casualties, including 12 fatalities.

We know a lot less about Anaheim and the killing of Manuel Angel Diaz, shot in the back and in the head by that city’s police just a few short hours after the awful Aurora murders.

But to the people living near La Palma Avenue and North Anna Drive, the shooting of Manuel Diaz was all too familiar: it was the sixth, seventh, or eighth police shooting in Anaheim, California, since the beginning of 2012. (No one seems quite sure of the exact count, though the Orange County District Attorney’s office claims six shootings, five fatalities.)

Diaz, 25, and as far as police are concerned, a “documented gang member,” was unarmed. He was apparently running when he was shot in the back and left to lie on the ground bleeding to death as police moved witnesses away from the scene. “He’s alive, man, call a cop!” a man shouted at the police. “Why would you guys shoot him in the head?” a woman demanded.

“Get back,” officers repeatedly said, pushing mothers and youngsters away from the scene, which they surrounded with yellow crime-scene tape.

Neighborhood residents gathered on lawns along the street, upset at what had happened near their homes, upset at what has been occurring repeatedly in Anaheim.  Then, police, seeking to disperse the crowd, began firing what appeared to be rubber bullets and bean bag rounds directly at those women and children, among others. Screaming chaos ensued. A police dog was unleashed and lunged for a toddler in a stroller. A mother and father, seeking to protect their child, were themselves attacked by the dog.

We know this because a local CBS affiliate, KCAL, broadcast footage of the attack. We know it because cell phone video, which police at the scene sought to buy, according to KCAL, showed it in all its stark and sudden brutality. We know it also because neighbors immediately began to organize. On Sunday they demonstrated at police headquarters, demanding answers. “No justice, no peace,” they chanted.

Who Is Being Killed and in What Numbers?

This is daily life in less suburban, less white America. On Sunday, when the first of growing daily protests took place, Anaheim police shot and killed another man running away, Joel Mathew Acevedo, 21. Acevedo was armed and opened fired, police maintained -- yet another suspected gang member.

It is not hyperbole to say this is virtually a daily routine in America. It’s considered so humdrum, so much background noise, that it is rarely reported beyond local newscasts and metro briefs. In the days bracketing the Aurora massacre, San Francisco police shot and killed mentally ill Pralith Pralourng; Tampa police shot and killed Javon Neal, 16; an off-duty cop shot Pierre Davis, 20, of Chicago; Miami-Dade police shot and killed an unidentified “stalking suspect”; an off-duty FBI agent shot an unnamed man in Queens; Kansas City police shot and killed 58-year-old Danny L. Walsh; Lynn police and a Massachusetts state trooper shot and killed Brandon Payne, 23, a father of three; Henderson police shot and killed Andy Puente Soto, 42, out in the desert wastes near Las Vegas.

These are some of the anonymous dead.  Their names are occasionally afloat on seas of Internet data or in local news reports. Many are young, even very young; many are people of color; many are wanted by the police for one thing or another; some are crazy; some are armed; some, like Manuel Diaz, are not.

In the end, though, we know remarkably little about these victims of police action. The FBI, which annually tracks every two-bit break-in, car theft, and felony, keeps no comprehensive records of incidents involving police use of deadly force, nor are there comprehensive national records that track what police officers do with their guns. Because of that we have no sense of whether such killings are waxing or waning, whether different cities present different threats, whether increased use of private security guards poses a greater or lesser danger to the public, whether neighborhood watch groups are a blessing or a bane to their neighborhoods. The Trayvon Martins of the world, who could perhaps speak to that last point, are mute.

The FBI’s Uniform Crime Report does include a more limited category of “Justifiable Homicide by Weapon, Law Enforcement,” defined as “the killing of a felon by a law enforcement officer in the line of duty.” That figure has hovered around 400 annually for the last several years. (In 2010, it was 387, down from 414 in 2009; in 2006, it was 386.)

Would Manuel Diaz fall into that category? Was he a felon? Can running fit the bill for “justifiable homicide”? The FBI does list all police officers killed while on duty, whether they are gunned down deliberately by violent suspects or hit accidentally by a car.  (In 2010, the FBI reported, 56 officers died “feloniously,” while 72 were killed “accidentally.”) But the Manuel Diazes of America are not included in the FBI data sets.

Ramarley Graham, 18, followed and shot by New York City police last February, is of little interest to FBI statisticians. But the Graham killing, which has resulted in manslaughter charges against a member of the NYPD, stirred numerous protests in that city. Luther Brown Jr., killed by Stockton, California, police in April, and James Rivera, killed by Stockton police two years ago, stirred community protest as well. Would their names make the FBI list of “justifiable homicide”? Who makes that judgment and on what basis? 

The Department of Justice’s Bureau of Justice Statistics has been compiling data on deaths of suspects following arrests, but the information covers just 40 states and only includes arrest fatalities. From January 2003 through December 2009, bureau statistics show 4,813 deaths occurred during “an arrest or restraint process.” Of those, 61% (2,931) were classified as homicides by law enforcement personnel, 11% (541) as suicides, 11% (525) as due to intoxication, 6% (272) as accidental injuries, and 5% (244) were attributed to natural causes. About 42% of the dead were white, 32% were black, and 20% were Hispanic.

Total gun deaths nationwide in 2010? 11,493, according to the Centers for Disease Control.

Who Is At Risk?

The lack of authoritative and comprehensive national data on police shootings and the reluctance of local law enforcement departments to release information on the use of deadly force has sent researchers onto the Internet searching for stories and anecdotal evidence. Newspapers looking into the issue must painstakingly gather information and documents from multiple agencies and courts to determine who is being killed and why. One major recent independent effort by the Las Vegas Review-Journal in 2011 -- undertaken in the wake of community protests over two police shootings in 2010 -- confirmed anecdotal evidence drawn from virtually all major metropolitan areas. If you are a young man, a person of color, and live in a poor urban area, you are far more likely to become a victim of police gunfire than if you are none of those things.

The newspaper, which analyzed court cases, police data, and other documents, determined that there had been 378 victims of police gunfire in the Las Vegas area since January 1990; 142 of the shootings were fatal.  And deaths from police gunfire, the paper found, had risen from two in 1990 to 31 in 2010.

Over the entire period of the study, the paper found that “blacks, less than 10 percent of Clark County's population, account for about 30 percent of Las Vegas police shooting subjects. Moreover, 18 percent of blacks shot at by police were unarmed.”

A joint study carried out by the Chicago Reporter and the online news site Colorlines in 2007 determined that “about 9,500 people nationally were killed by police during the years 1980 to 2005 -- an average of nearly one fatal shooting per day.” African-Americans “were overrepresented among police shooting victims in every city” investigated (the nation’s 10 largest).

African-Americans would not be surprised by this finding; nor would it come as a surprise to Hispanics to learn that they are increasingly at risk of police gunfire. Bureau of Justice statistics show that 949 Hispanics suffered arrest-related deaths from 2003 to 2009 (out of the total of 4,813 such deaths noted above). The numbers have bounced around over the years, but are trending up from 109 in 2003 to 130 in 2009.

Certainly, the Latino community of Anaheim is familiar with this territory. Orange County and Anaheim authorities have promised investigations of the two recent police shootings. The FBI is reviewing the shootings and the U.S. Attorney’s office has agreed to conduct an investigation at the request of Anaheim’s civilian authorities. Those authorities -- the mayor and five-member city council -- are all Anglo, while Hispanics constitute about 52% of that city's 336,000 residents. There is no civilian complaint review board in place to conduct any probe of police actions, no independent group gathering information over time. The family of Manuel Diaz has filed a federal civil rights suit in the case and called for community calm as protestors become increasingly restive.

“There is a racial and economic component to this shooting,” said Dana Douglas, a Diaz family attorney. “Police don’t roust white kids in affluent neighborhoods who are just having a conversation. And those kids have no reason to fear police. But young men with brown skin in poor neighborhoods do. They are targeted by police.”

Post-9/11 Money Is No Help

The last decade, of course, has seen an enormous flow of federal counterterrorism money to local police and law enforcement agencies. Since 9/11, the Department of Homeland Security has allocated $30 to $40 billion to local police for all manner of training programs and equipment upgrades. Other federal funding has also been freely dispensed.

Yet for all the beefing up of post-9/11 visual surveillance, communications, and Internet-monitoring capabilities, for all the easing of laws governing searches and wiretaps, law enforcement authorities failed to pick up on the multiple weapons purchases, the massive Internet ammo buys, and the numerous package deliveries to the dark apartment in the building on Paris Street where preparations for the Aurora massacre took place for months.

Orange County, where Manuel Diaz lived, now has a fleet of seven armored vehicles. SWAT officers turn out in 30 to 40 pounds of gear, including ballistic helmets, safety goggles, radio headsets with microphones, bulletproof vests, flash bangs, smoke canisters, and loads of ammunition. The Anaheim police and other area departments are networked by countywide Wi-Fi. They run their own intelligence collection and dissemination center. They are linked to surveillance helicopters.   

The feds have also anted up for extensive police training for Anaheim officers. In fact, Anaheim and Orange County have received about $100 million from the federal government since 2002 to bring operations up to twenty-first century speed in the age of terror. Yet for all that money, training, and equipment, police still managed to shoot and kill a running unarmed man in the back, just as NYPD officers shot unarmed Liberian-born Amadou Diallo after chasing him up his Bronx apartment building steps in February of 1999.

Diallo was infamously shot 41 times after pulling his wallet from his pocket, apparently to show identification. Police thought it was a gun. The shooting precipitated national protests and acquittals in a subsequent trial of the police officers involved. The year Diallo was killed was also the year of the Columbine massacre, 20 miles from Aurora. It seems like only last week.

Since that time the nation as a whole has become poorer and less white, while police departments everywhere are building up their capabilities and firepower with 9/11-related funding. Gun ownership of almost any sort has been cemented into our American world as a constitutional right and a partial ban on purchases of assault weapons lapsed in 2004, thanks to congressional inaction. This combination of trends should make everyone uneasy.

Stephan Salisbury is cultural writer for the Philadelphia Inquirer and a TomDispatch regular.  His most recent book is Mohamed’s Ghosts: An American Story of Love and Fear in the Homeland.

[Note: Bureau of Justice Statistics data on the demographics of arrest-related deaths can be found by clicking here.]

Follow TomDispatch on Twitter @TomDispatch and join us on Facebook, and check out the latest TD book, Terminator Planet: The First History of Drone Warfare, 2001-2050.

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Aurora Gets the Attention, But Guns Are Going Off Everywhere Cross-posted with TomDispatch.com Welcome to the abattoir -- a nation where a man can walk into a store and buy an assault rifle, a shotg...
Aurora Gets the Attention, But Guns Are Going Off Everywhere Cross-posted with TomDispatch.com Welcome to the abattoir -- a nation where a man can walk into a store and buy an assault rifle, a shotg...
 
 
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HUFFPOST SUPER USER
Salty too
Give me Liberty or give me death.
02:19 AM on 08/01/2012
And H.P. lowers it's standards even more.
04:26 PM on 07/31/2012
An odd article - juxtaposing the Aurora police response with a questionable police shooting elsewhere, seemingly to say, "Yes Aurora, but ignore all that..."

If the author of this article had to make life and death decisions, instead of judging others that do, from the comfort of a computer, perhaps he woudn't be so generally judgmental.
This user has chosen to opt out of the Badges program
12:52 PM on 08/01/2012
They usually opt for the death decision, particularly if the person in question is not white. In point of fact, there is not really any "opting" at all.
09:28 AM on 08/12/2012
The entire command staff in Dallas is minority or female - are you saying they like shooting non-whites?
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HUFFPOST SUPER USER
nonvoters
When Googling Hypocrisy it says, did you mean GOP?
12:00 PM on 07/31/2012
America seems blind to simple economics. When the malls are near empty (because people are afraid to get massmurdered) and the hospitals are turned into debtors prison (due to the cost ), maybe America will say, " is it worth it for everyone to carry a weapon now that everyone else is scared to go shopping, and is it smart to continue with private health care when all a company needs to do is leave the USA to increase profits, due to zero health care subsidizing by the employer in every country in the world.
11:09 AM on 07/31/2012
The police are just another gang of criminals. Now with military hardware! How comforting.
08:49 AM on 07/31/2012
seems to me nwa was right to make their song way back when
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HUFFPOST SUPER USER
Curtis Echols
PawPaw
05:06 AM on 07/31/2012
Cops,biggest GANG in America. They are organized,were colors,ALL carry guns,an shoot more people than all other gangs combined.
04:08 AM on 07/31/2012
bottom line dont committ crimes you have NO reason to run..I guarentee you if you take the police OUT of theses HOODS and let the gangbangers take over and the little troublemakers the same protesters will be screaming..."WHERES THE POLICE"!!!!!!!!....criminals make victims out of reg people just trying to live a so-call normal life, if everybody just takes the law into there own hands watch what happens then,,huh..
I still agree no one S/B shot in the back..BUT..when the cops pull me over I DONT TAKE OFF RUNNING!!!!
whats wrong with that picture....dont hear any one talking about that...!!!
08:48 AM on 07/31/2012
you must not be a minorty or live in a urban enviorment otherwise you would be very very familar with the concept of "just because"
09:26 AM on 08/12/2012
I'm a member of the most persecuted minority of all time, (I'm Jewish) and the police haven't shot me yet. When they pull me over, I politely give them my license and registration and insurance, and say yes sir no sir, and they treat me just fine.
Be respectful towards authority (which is increasingly minority nowadays) and you will live though it.
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HUFFPOST SUPER USER
hagagaga
You can't take the sky from me.
08:13 PM on 07/30/2012
Most police should not be issued firearms.
10:06 PM on 07/30/2012
Should they have to buy them like everyone else?
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HUFFPOST SUPER USER
hagagaga
You can't take the sky from me.
12:34 AM on 07/31/2012
Exactly. No special privileges.
mgpayne
Trying to make sense of it all
08:02 PM on 07/30/2012
Your comment about the city having 52% Latino and the council is all Anglo. Perhaps most of the 52% are not eligible to vote. Or just did not bother to show up to vote.
HUFFPOST SUPER USER
mansterEZ
searching for secular humanist fact-based truth
05:59 PM on 07/30/2012
The one question a lot of people are asking, but never get an answer is how many of the APD are recent war veterans? The PTSD question seems very relevant at present. Last week during the mini-riots around City Hall the only ones who fired bullets, although rubber ones & bean bags, were copz. This weekend they were even chasing and corralling protestors with officers on horseback. I thought the wild wild west was making a comeback although there were helicopters flying overhead. The struggling resident in Anaheim proper is simmering and about to boil over at any moment.
HUFFPOST SUPER USER
mansterEZ
searching for secular humanist fact-based truth
05:59 PM on 07/30/2012
I live in Anaheim about a mile west of City Hall and the APD is mandated to protect the corporate business interests of Disney Corp and the resort complex. Recently the Anaheim CC voted in favor of offering a $50 million tax break for 5 hotel developers to build around Disneyland. This is in stark contrast to the deteriorating situation in surrounding neighborhoods where gangs are proliferating over controlling territory. In most incidences, as this one that resulted in Diaz' death, law enforcement initiated the confrontation. Not saying that gangs should be allowed to operate independently of government, but at least they don't shoot people down in the street in front of dozens of witnesses. Anaheim is unique as it has two distinct populations miles apart from one another (Anaheim proper & Anaheim Hills). The city is also more than 50% hispanic and immigrant. The city also does not utilize E-verify in its' hiring practices or force any business entity to follow federal law. Tourism is to be protected at all costs.

Continued....
02:57 PM on 07/30/2012
Too many times lately, you see details from the scene where bystanders allege that the person shot by police is not given timely emergency medical care.

I think there should be a new law.

Every cop posts a bond.

If the cop shoots a "perpetrator" who is found to be unarmed and not an imminent threat (i.e. running away) and that perpetrator dies, the cop forfeits the bond. If they manage to keep the perpetrator alive, they don't forfeit the bond.

If you can't post bond, or have your bond forfeit, you are no longer authorized to use deadly force.

Which means you're no longer a cop.
09:20 PM on 07/30/2012
About the best reasoning, I've heard yet.
04:31 PM on 07/31/2012
Let me ask you - why would a cop want to protect your butt if his judgment in the heat of the moment any and every day can be questioned by Monday morning quarterbacks, who can then destroy his or her career and life, who then move on, to express their opinions on other issues they know very little about?
04:51 PM on 07/31/2012
what you're implying is that cops NEED to make sure anyone they've shot ends up dead, to keep them from being sued and/or charged by someone who can testify against them.
I'm not saying that cops should be hamstrung in the course of their duty.  What I'm saying is that the RIGHT to exert deadly force, embodied in the police via their charter from the People, carries a RESPONSIBILITY or DUTY, that the deadly force be exercised in the very most perfect and unquestionably correct manner.  Anything less is unconscionable and unacceptable.
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HUFFPOST SUPER USER
CommandoGOP
Signs the front not the back of his checks.
02:54 PM on 07/30/2012
Police have a tough job, how would you like to be the one who isn't sure if the guy is pulling a gun or wallet, you have 2 seconds to decide. Why didn't he stay still and not move. Many reason why police shoot, most often the victim didn't obey the commands from the police.
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HUFFPOST SUPER USER
SchumannFu
If you ever Google Gary Oldman, DON'T forget the R
03:35 PM on 07/30/2012
Unarmed, and shot in the back. That is not self defense.
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homer winslow
Truth in Beauty, Beauty in Truth
06:45 PM on 07/30/2012
If I am doing nothing wrong, I do not have to OBEY the COMMANDS of the police.
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HUFFPOST SUPER USER
CommandoGOP
Signs the front not the back of his checks.
10:11 PM on 07/30/2012
Then don't. I have been out jogging in the morning I jog around 3am and one morning Cop waved me over asked me if I lived around here, I smiled asked if it was OK to get my ID out of pants, showed him,  he explained earlier a woman had seen a white guy my size looking into cars. if I had been a jerk could of ended differently.
02:40 PM on 07/30/2012
check this website, a great resource on the subject: copsshootingpeople.wordpress.com
02:07 PM on 07/30/2012
This article is outrageous and certainly beneath even the most basic journalistic standards. How dare you compare a police officer involved shooting of a fleeing gang suspect with the mass murder of an insane killer? You admit we know less about the Diaz case but that certainly didn't keep you from making up a barrio fairy tale filled with conjecture, innuendo and speculation. You said, "Then, police, seeking to disperse the crowd, began firing what appeared to be rubber bullets and bean bag rounds." Appeared to be?

How about we use some relevant facts to this case? Hispanics/latinos make up 48.1% of all gang members in this country. Blacks make up 35.6%, while whites only account for 9.3%. That means 84% of gang bangers are "people of color" as you call them. That's almost 9 out of ever 10 and you wonder why police gang task forces are "targeting" black and hispanic youths in gang areas? Blacks are seven times more likely than people of other races to commit murder,and eight times more likely to commit robbery. Hispanics commit violent crimes at roughly three times the white rate.

You also neglected to include the fact that the number of police officers killed in the line of duty rose by 37 percent in 2010. More than 1,400 criminal street gangs exist in Los Angeles County. And see if you can tell what most of these individuals have in common?
http://www.lacountymurders.com/wanted_suspects.cfm
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HUFFPOST SUPER USER
DanaRuns
6' blonde, liberal, lesbian, lawyer with a brain.
01:26 AM on 08/02/2012
Actually, his facts were just right, except that what appeared to be rubber bullets were actually pepper bullets, pwhich look just like rubber bullets. I know. I have one. And he accurately quoted me in the article.