canyonwalker: Sullivan, a male golden eagle at UC Davis Raptor Center (Golden Eagle)
Three White men who chased and murdered 25-year-old Black jogger Ahmaud Arbery in south Georgia were sentenced to life in prison today. Two have no chance of parole. The third, a 52-year-old, will be eligible for parole under Georgia law only after serving a minimum of 30 years. Example news coverage: CNN.com article 7 Jan 2022, Yahoo! News article 7 Jan 2022, New York Times article 7 Jan 2022.

Ahmaud Arbery was killed on the afternoon of February 20, 2020. The convicted men spotted Arbery jogging in a residential neighborhood near his home, determined— with zero evidence— that he was a suspect in recent area robberies, and chased him for 5 minutes with their pickup trucks. Once they proceeded to block him in, the three men closed on him, at least one leveling a shotgun at him while another recorded cellphone video. A fight ensued, and the man with the shotgun shot Arbery 3 times at close range.

Swept Under the Rug

This murder was originally swept under the rug. Police arrived at the scene and quickly made a determination that the men who chased Arbery and pointed a gun at him were acting in self defense. Nobody was arrested. Two district attorneys chose not to prosecute. Justice might never have been served... until 73 days later one of the perpetrators posted his cellphone video of the murder on social media, boasting about it. This caused an outrage among members of the community— and across the state and nationwide. The Georgia Bureau of Investigation, Georgia's Attorney General, and the FBI were called upon to investigate.

As an aside, this is one of the critical ways that racial injustice is perpetrated. Not only are Black people convicted more often when brought to trial than Whites, and not only are they given harsher sentences when convicted, but they are also charged more often in circumstances where police and prosecutors use their discretion not to arrest or prosecute White suspects.

Aside #2: In case it's not obvious, this was a modern day lynching. White men decided a Black man in their neighborhood was a crime suspect. Even though they called 911 to report him, and even though he had committed no actual crime they witnessed, they decided to chase him down and threaten him with guns. When he acted to defend his life, they killed him. Then, of course, the chummy local authorities let them go.

Justice Delayed but not Denied (So Far...)

This is a case where justice may have been delayed but has ultimately not been denied.... so far. The judge who sentenced the men today made the courtroom sit in silence for one minute before reading their sentencing to put "into context" how long they chased Arbery.

Judge Timothy Walmsley told the courtroom on Friday that he was going to "sit quietly for one minute and that one minute represents a fraction of the [5 minutes] that Ahmaud Arbery was running" away. Example news coverage: Yahoo! News article, 7 Jan 2022.

Note how I do add the caution "so far" to justice having been delivered here. That's because the convicted men have avenues of appeal. Though there's no visible mistake in their trial, they are of course able to challenge it from multiple directions, and quite possibly the same racism embedded in the system that shrugged off their actions as "Seems legit" the first time will support them again on appeal. But it's also possible that they'll be convicted of more charges, as federal civil rights cases are pending against them.

A few other positive changes have come out of this case. The first district attorney who passed on charging the men, and who allegedly told the police not even to arrest them, has been charged with one felony count of violating the oath of a public officer. Days after the shooting the police chief was indicted on charges of coverup for unrelated incidents. Voters subsequently voted out the district attorney and elected new county commissioners who replaced the police chief. Finally, the Georgia legislature passed a bill, which was signed by the governor, repealing the law allowing Citizen's Arrest— a holdover law from the Civil War era used as a common pretext for lynchings, which these murderers asserted, falsely, in their defense.

canyonwalker: Sullivan, a male golden eagle at UC Davis Raptor Center (Golden Eagle)
Last week I wrote briefly about the trial of Derek Chauvin, a former Minneapolis police officer charged with the murder of George Floyd during an arrest. I asserted that this time is different despite what the doubters and SNL satirists say. Now I'll explain why it's different. Here are Five Things:

  1. The evidence is highly visible. We have videos and multiple eyewitnesses to the circumstances of George Floyd's death at police hands on May 25, 2020. This isn't so much a thing that's different about Floyd's death but about many cases of police violence in recent years versus farther in the past. Farther in the past there rarely was objective evidence like a video. Thank ubiquitous cell phones for that. And thank ubiquitous Internet access both for helping such videos be seen and helping witnesses be heard. In the past witnesses could not reach millions of people with their statements as readily as they can today. By and large their statements were heard by investigators who kept it bottled up— or weren't even given to investigators, as people in oppressed communities feared speaking to the police.

  2. There has been a sustained outcry for justice. Floyd's death at the hands of police not only sparked outrage in the community, it sparked outrage nationwide. And that outrage has lasted beyond the immediate days after the killing. Protests occurred in many cities over the summer. There was even a protest march in my hometown 1,600 miles away from Minneapolis. I joined it.

  3. The Chief of Police and Minneapolis Mayor both condemned Chauvin's actions, swiftly. The norm in the past has been for leaders to first cover up the facts of what happened, then play the "Well, I don't know..." card to excuse taking action. Instead, here, local leaders acted quickly and decisively. Within 24 hours of the alleged crime Chauvin and 3 other officers were all fired. This has set a new precedent for political leaders to have to confront the ugly reality of police violence when it occurs in their jurisdiction and be accountable for their actions— or inaction— against it.

  4. The district attorney followed swiftly with charges against Chauvin and 3 officers who allegedly witnessed his actions and failed to stop him. This alone is a huge change. The sad norm in police violence cases even in recent years has been to let the offenders off without charges. District attorneys hide behind claims of insufficient evidence or pass off responsibility to grand juries that decline to indict— despite the fact that a competent prosecutor can get a grand jury to "indict a ham sandwich," in the legendary words of New York State Chief Judge Sol Wachtler— or to administrative review boards that do nothing and bury the results in red tape.

  5. Police experts testified for the prosecution in the trial. It was striking in this trial that multiple respected policing experts stood up and said what Chauvin did was wrong. In the past the "blue line" of police officers siding with their own has rarely been broken.

Does any of this mean Chauvin will be convicted? After all, convicting a police officer for unlawfully killing a Black man in custody is the main "Will it be different this time?" question people are asking. It's impossible to guarantee as the verdict is in the hands of the jury now. But even if they do acquit— or if a mistrial is declared and the jury in a subsequent trial acquits, or a jury convicts but is overturned on appeal— the above 5 things that are already different about this case are significant and show progress is being made. As Martin Luther King said, "The arc of the moral universe is long, but it bends toward justice."


canyonwalker: Sullivan, a male golden eagle at UC Davis Raptor Center (Golden Eagle)
On May 25, 2020, George Floyd died at the hands of police officers in Minneapolis, Minnesota. Derek Chauvin, one of several police officers involved, knelt on Floyd's neck 9 minutes and 29 seconds. Chauvin was subsequently fired from the police force and is now on trial for murder. Opening statements in the case began two weeks ago, March 29.

For followers of justice issues such as myself this case is interesting for the change it represents. Police misconduct (that's a mild term for what happened here) has routinely been swept underneath the carpet. Will this case result in the conviction of a (former) police officer for a murder charge?

Now, you may have seen the skit on Saturday Night, Live last weekend that satirized this question. The episode's cold open featured a fictional TV news show discussing the court case in which two White journalists said (paraphrased), "This time it's different" while two Black journalists retorted, "Haha, no, and it's foolish to think that."



I enjoy humor, too, but right now I'm looking at the serious side of this case. On the serious side, there really are major changes happening. Will the case result in the conviction of Derek Chauvin for murdering George Floyd? I can't promise you it will; that's in the hands of the jury. But even if it doesn't, major changes in favor of justice have already happened. (And BTW I do expect Chauvin to be convicted on the strength of the evidence presented.)

More to come on this topic....

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