Shooting Roundup

Three stories from the NG:

More questions, few answers in Champaign death

"Everybody is edgy. There are more questions than there are answers," said Champaign County NAACP President Jerome Chambers. "How do we stop our black boys from dying where the authorities are the ones in question?"

Activist Terry Townsend said relations between Champaign police and the black community were at a breaking point.

"Our relations are no good after today," Townsend said.

Home renter: 15-year-old who was shot lived there

On Monday, Thomas pointed out the spot where the scuffle took place. A few feet away was a plywood-covered back-door opening. The damage was done by Champaign police, not burglars, Thomas said. She said the boys were confronted by police in the backyard, before they could enter the house.

Thomas said a neighbor told her the police had used a battering ram on the back door. When she returned from a Parkland College class later that day, she said, Illinois State Police investigators said the damage had been done by Champaign police.

Champaign police Deputy Chief Troy Daniels did not return calls about the damage, and Champaign County State's Attorney Julia Reitz said she would not comment about any aspect of the investigation.

In the attic, two doors to unused storage spaces were also broken in by police, Thomas added.

"They pretty much ransacked the house," said Thomas, whose family had to vacate the home for two days during the investigation while the front door was sealed.

Separate investigation will look into officers' actions

Champaign Deputy Chief Troy Daniels told more than 40 people Monday at an emergency meeting of the Champaign Community and Police Partnership that the investigation of last week's incident is in the hands of the Champaign County Multi-Jurisdictional Investigative Team, which includes representatives from the state police, the University of Illinois, Urbana and Rantoul police and the Champaign County sheriff's office, with the state police serving as the lead agency.

Daniels told the partnership that he anticipates it will take 30 days for the team to send its final report to the Champaign County state's attorney's office.

"We hope they will act as quickly as they can, but we also want them to be as thorough as they can in the investigation," Nearing said.

State's Attorney Julia Rietz will determine when the report can be released to the public, Daniels said.

Daily Illini: Community left questioning death

During the press conference, family and community members said there has been a lack of communication between the Champaign Police Department and the family, despite many attempts by family members to gain information.

“We did have contact with some family members on the day of the incident,” said Troy Daniels, deputy chief for the department.

Those in attendance at the press conference said they are still waiting to hear the full story from the police department.

“These are the kinds of things that no family should have to endure. That your loved one has been murdered and you don’t have answers why,” said Terry Townsend, self-described community activist.

Townsend also said he believed the basis of the conflict was race.

“There’s something going wrong with the policing in this community that we don’t see in Urbana and we don’t see with the sheriff. We need to get at that,” he said.

After the incident on Friday the department released a statement saying that the “Champaign Police Department reached out to several African American community leaders.”

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Maybe it is time for the city of Champaign and the city council to reconsider a Civilian Police Review Board, aka Urbana, because the people listed who make up the Champaign County Multi-Jurisdictional Investigative Team does not include anyone outside of the profession. Though I do have reservations about the effectiveness of a Civilian Review Board if the Champaign Community and Police Partnership has had little success in rebuilding trust between the community and police. I base this on the several extensive comments recently posted on IP and the 4 decades of observations on my part of major separation between the police and the community, especially particular areas. Even I have had interesting experiences with the Champaign police that have put trust on the edge under very benign circumstances and I reside in what would be considered a neutral area.

Pattsi Petrie

Glock21's picture

Probably another good link for the round up is the full videos of the ucimc press conference. Probably important if for no other reason than they start off their agenda right off the bat that they want to make sure this has nothing to do with the kids' actions. As if they were irrelevant to police culpability. From these videos and some of the quotes in the NG today, you'd think they were expecting police to disregard break-in calls from certain neighborhoods or have psychic knowledge of who is or is not welcome in any particular home in them. Not to mention the irresponsible accusations of "murder" or "public execution" while they claim to demand answers to questions they've already come to a conclusion on. I think it's quite possible that the police may have done something entirely wrong here, but determining that requires knowing what these kids did, and isn't negated by the cops showing up on a call that may have been based on erroneous suspicions.

 

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Glock21 Op/Ed

IlliniPundit's picture

Thank you.  Those were emailed to me late last night, but I forgot about them.  Unfortunately, I stopped reading UCIMC regularly a long time ago.  Perhaps their efforts on this incident will make me revisit that.

IlliniPundit's picture

And the NG editorial:  Authorities must act with dispatch

The circumstances surrounding the fatal shooting Friday of a 15-year-old Champaign youth are so sickeningly tragic they could hardly be worse. Unfortunately, larger forces at play are doing their best to make them so.

At a Monday morning news conference held at the Independent Media Center in Urbana, Champaign resident Terry Townsend conceded he is unaware of the facts of the case. Yet he called the shooting death by police of Kiwane Carrington a "murder," urged a federal investigation because local authorities cannot be trusted, suggested the neighborhood resident who called police to report a burglary in progress had an improper motive for doing so and wanted police to "do their dirty work" and urged the dismissal of Police Chief R.T. Finney.

It's understandable that members of the minority community are angry and distraught over what happened, but this is the time for restraint and reflection, not mindless anger and unsupported charges.

Law enforcement authorities, as usual, have hardly distinguished themselves either. Like the turtle that pulls its head and legs into the shell and waits for danger to pass, the leadership of the Champaign Police, Illinois State Police investigators and even State's Attorney Julia Rietz are maintaining silence in apparent hope this controversy will all go away. It won't.

So, if the police hadn't responded to the 911 call, they would have been ignoring the neighborhood. If they had simply let the suspects (and they were suspects, let's face it) walk away because they didn't feel like stopping, the police would have been ignoring crime. If a rash of burglaries had ensued, it would have been the police's fault. What on earth were they supposed to do? Someone was breaking into a house (for whatever reason), the neighbor called, the suspects were observed and asked to stop, they refused to cooperate...come on. If SOMEONE - maybe parent, maybe his sister, maybe the lady he was staying with after he ran away - had taught this young man to respect authority, this could have been resolved with a simple phone call to the homeowner.  The police can't raise our kids, they can only deal with the aftermath of the failure to do so.

Glock21's picture

Anon... still doesn't explain the shooting part. The details leading up to the shooting are no more relevant to demonizing the cops than they are in defending them on the actual shooting. Folks trying to justify or criticize the shooting based on the lead up story seem to be committing a non sequitur to make their case.

 

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Glock21 Op/Ed

Im just wondering which hotel is going to get stuck with the bill when the Rev. Jackson shows up to do what ever he does.

On October 13th, 2009 at 10:45 AM, Anonymous (not verified) said:

"If SOMEONE - maybe parent, maybe his sister, maybe the lady he was staying with after he ran away - had taught this young man to respect authority, this could have been resolved with a simple phone call to the homeowner.  The police can't raise our kids, they can only deal with the aftermath of the failure to do so."

That's really what it boils down to, well said.

Perhaps people should remember Mayor Jerry's comments in 2005 about how a certain type of people "need to know how to act". That culture of the police can "do no wrong" and those types of past comments from our elected leaders haven't or shouldn't be forgotten either.

I would submit that *everyone* needs to know how to act.  If that were the case, the prisons would be empty and there really wouldn't need to be a police force.  Utopia.  Now back to the real world...

I'm impressed with the reasonable discourse here today. 

While I completely reject any knee jerk assumption that the police acted wrongly or that the victims were somehow innocent, I do have some issues with the way this is being handled.   My goodness, a kid was killed!   Since the officers involved would have given their statement sometime on Friday, don't you think it would be appropriate to give out some basic details?   For example, who is the "unidentified officer?"    Whose fingers were on the trigger?

Taking a MONTH to release a report, under these circumstances, is not acceptable.  If it were my kid, I would be camped out at the police station until I got some answers.

The lack of information will certainly feed speculation that the officer in question made bad choices when confronted with resistance from the kids/suspects.  

If the only choices of police officers are to engage in hand-to-hand combat or use deadly force, we should expect more incidents like this.  Let's re-think the whole Taser issue.

What ever happened to innocent until proven guilty. We know very little as fact from what I have read in the news or on blogs. We don't know what happened because we were not there. This young man is dead and there is a police officer that is dealing with that decision they made to use deadly force. I keep hearing the police are wrong. Please give me the source of you knowledge were you there did you see it happen? Did the young man resist arrest? Did he listen to orders from the officer? If yes then why the shooting? If no, why not? We have no idea and this is being tried in public opinion with no facts Just hearsay. Don't forget there are police officers that were hurt in this physically and mentally, they are just as human as the young man that lost his life and deserve some respect also. They put there life on the line every day and should be give the respect of getting the facts out before you try them in the court of public opinion.

Keith_Hays's picture

If the only choices of police officers are to engage in hand-to-hand combat or use deadly force, we should expect more incidents like this. Let's re-think the whole Taser issue

Let us remember that as a matter of law a police officer is justified in employing deadly force ONLY if he reasonably believes that it is necessary to prevent death or great bodily harm to himself or another or that he reasonably believes BOTH that deadly force is necessary to effectuate the arrest AND the person has committed a forcible felony involving the infliction or threat of great bodily harm or is using a deadly weapon to escape or otherwise indicates that human life is in danger or great bodily harm is likely unless an arrest is accomplished without delay.

If, for example, the child had been using an implement to pry open a window AND he was brandishing it as though it was a weapon the officer MIGHT be justified in using deadly force. He would not be justified in drawing, pointing, and firing his weapon based only upon the failure of the child to follow his instructions. Mere suspicion that the child could be armed is not enough. Resistance is not enough. He must believe that the threat exists and his belief must be reasonable. Unless those circumstances exist the police officer does not have a lawful choice to use deadly force.

By the way there is substantial verifiable evidence that a Taser does constitute deadly force in some circumstances.

Three Score and Ten Plus One

Keith Hays

We have reached the dammed if you do - dammed if you don't - phase

 

The young man who was the witness was arrested - but sent to the country jail after the courthouse had closed on Friday - I believe that normal procedure is to hold the person till court reconvenes on Monday - save Monday is a holiday - so the young man is held for an additional day - perhaps someone who knows the courts could comment on that - but it looks bad that he is held and contact denied with his family

 

If the Champaign police had released the information right away - then they can be accused of hurrying up and doing a whitewash - if they pass everything on to a third party as is happening - then they can be accused of sweeping it under the rug by drawing out the process

 

Far too many rumors are out there - and no real way to deal with them until a report is finally issued in two or three weeks

 

Greg Novak

Everyone does indeed need to know how to act. Know this. The police do not have unbridled authority to make you stop walking, to make you come to them, to make you do anything. If I am in my yard, and I am climbing in my window, and a cop drives by and orders me to come out, I don't have to. It's my house. If he wants to follow me in through with window, and he is yelling at the time, all stirred up, I can shoot him dead for coming into my house in such a manner, even if I know he is a police officer. Police can be burglars, too, at least historically they can be.

He should radio in his concern, secure the building, have backup arrive, and go see a Judge about getting a warrant if he thinks he can get one, but the police do not have the broad authority most people think they have. In that circumstance, even if it is a burglar in a stranger's house, the police may not chase and shoot. It is illegal for police to do that, and they will lose all protection the law gives them if they take the law into their own hands as above.

If we had a State's Attorney that was the attorney for the citizens instead of just constantly covering for the cops maybe we would have a little more of the Freedoms guaranteed by the Founding Fathers. But Rietz not only won't prosecute anyone, she'll attend the merit badge ceremony to be held in the not too distant future.

redstatewannabe's picture

If I am in my yard, and I am climbing in my window, and a cop drives by and orders me to come out, I don't have to. It's my house. If he wants to follow me in through with window, and he is yelling at the time, all stirred up, I can shoot him dead for coming into my house in such a manner,

good plan

the cop is trying to protect the property of citizens, and even though a short conversation would clear up the misunderstanding, ....

Glock21's picture

"If we had a State's Attorney that was the attorney for the citizens instead of just constantly covering for the cops maybe we would have a little more of the Freedoms guaranteed by the Founding Fathers."

 

Your personal convictions on the meaning of the Constitution doesn't change the fact that it conflicts with the current interpretations in effect today. Some of your suggestions could get someone in a great deal of trouble, imprisoned, or potentially killed. Whether it should be that way is an entirely different matter.

 

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Glock21 Op/Ed

Keith_Hays's picture

Champaign releases name of officer in shooting
By The News-Gazette
Tuesday, October 13, 2009 2:40 PM CDT

CHAMPAIGN -- The Champaign police department has released the name of the officer involved in the shooting that left a 15-year-old dead.

The officer is Daniel Norbits, a 14-year veteran of the Champaign Police Department, according to a release from the city.

Norbits and Champaign police Chief R.T. Finney responded on Friday to a burglary call at 906 W. Vine St. The city's release today said Finney was first to arrive.

Finney and Norbits "confronted two subjects at the house, and during a physical confrontation, an officer-involved shooting occurred," the city news release said.

After the shooting, a team was assembled from other area police agencies, with the state police as the lead agency -- standard practice in such cases. The city said it could not release Norbits' name until Tuesday "to protect the integrity of the investigation being conducted by the Multijurisdictional Investigative Team."

Three Score and Ten Plus One

Keith Hays

No, it's a bad plan. By the cop.

Where are all the citizen rights people on this blog? The cops have to follow rules. The laws of Illinois are clear. Cops must follow rules. Cops may not just bust in, even if it is a bad guy. Even if they see Osama Bin Laden in the front window, they may not go in. Read your Constitution. The Founding Fathers were worried about the government's ability to just go right into a house, and prohibited the government from doing it without a Warrant or very clear rules that are to be followed in every case, every time.

The Founding Fathers would be appalled that the government can get away with killing a citizen in the backyard of a private house. Not a citizen who threatened deadly force (I suppose, we'll see what kind of spin they put on it, and we'll see what the other 15 year old has to say after being locked up for a few days without benefit of family or of counsel but you know he has been interviewed by the cops just to make sure the story works)

If you don't think so, just tear up your Constitution. Give over to the police anything and everything they ask for. Accept marshal law. Accept total control by the government.

Glock21's picture

"If you don't think so, just tear up your Constitution. Give over to the police anything and everything they ask for. Accept marshal law. Accept total control by the government."

 

Fortunately that false dichotomy isn't any closer to reality than your Constitutional interpretations. Your way or police state? lol

 

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Glock21 Op/Ed

On October 13th, 2009 at 02:03 PM, Anonymous (not verified) said:

"If I am in my yard, and I am climbing in my window, and a cop drives by and orders me to come out, I don't have to. It's my house."

 

That is a choice.  The cop also has the choice to shoot you.  You may be wrong and he may be right, but who is going to care about that when you are dead?

 

Besides... the cop is thinking better tried by twelve than carried by six when it comes to life threatening situations, you would do well to think the same.

 

 

Toldja So's picture

 The laws of Illinois are clear. Cops must follow rules. Cops may not just bust in, even if it is a bad guy. Even if they see Osama Bin Laden in the front window, they may not go in. Read your Constitution. The Founding Fathers were worried about the government's ability to just go right into a house, and prohibited the government from doing it without a Warrant or very clear rules that are to be followed in every case, every time.

I don't know if you are accurate in your interpretation of the law, I have very serious doubt you are, but regardless, it doesn't seem to apply in this case since the incident occurred outside of a house and the property had not been established as the suspect's home. I believe the officers were more than likely trying to establish if the suspect "belonged" there. If someone were climbing in your window to rob your home when you weren't there and they told the police it was their home, should the police just go on their merry way and allow the robbery to take place?

Secondly, common sense would tell a reasonable person to cooperate or do the "safe" thing. Example, I'm about to step into the crosswalk and see a bus coming, the law (on campus) says the pedestrian has the right of way, correct? So I make a choice to go ahead and cross, I may be right, but also may be dead right.

You know, we still don't have many "facts", beyond the name of the policemen involved.

 

There was a physical confrontation: did the gun come out of its holster by the policeman's hand, or did it fall out in the scuffle (possible, but not probable); did the child reach for the gun and pull it out.  We don't know, and we won't know until the investigation is complete.  And, despite what we see on CSI, the investigation of physical evidence takes days and weeks to appropriately interpret, not minutes.  I applaud the fact that the state police are taking jurisdiction in this, in order to keep anything from being swept under the rug.  This is an appropriate action.  We need to suspend judgement, either way, until we know the facts.  Hopefully, it will not take weeks to figure out entirely, but rather only days, but, being realistic, I look for Jackson any day now so that he can stir the pot to no good end.

The kid could have done this and that, but I fail to see how not trusting police officers should justify death. To call it a "murder" is inappropriate. "Alleged murder" would be appropriate. "Execution" is more gray.

The simple fact is that a kid is dead, shot to death by a police officer. Any attempts to avoid that reality are unfortunate.

As to the responsibility, that remains to be seen, but "the kid was rude to police officers" or "could have done this or that" is a ridiculous argument.

The CPD have been horribly disrespectful, incompentent and thoughtless to me, but no sane person would have backed me up had I shot them dead, nor should they. When police kill an unarmed civilian, there are NO mitigating circumstances.There are situations that are worse than others, but the idea that some technicality can justify police failing in the most colossal way at protecting and serving is ridiculous.

When police kill an unarmed civilian, there are NO mitigating circumstances.There are situations that are worse than others, but the idea that some technicality can justify police failing in the most colossal way at protecting and serving is ridiculous.

How about an officer responds to a burglary in progress (forcible felony), draws his gun (after all felons are sometimes known to carry weapons), tell the suspect to stop, the suspect tries to run through the officer to get away, the gun is struck and it goes off.  Seems to me that might be a mitigating circumstance.

I am not addressing this case because I don't know much more about it than anyone else, just that reasonable folks can do something reasonable that still has a negative outcome.

Fred

Glock21's picture

"The CPD have been horribly disrespectful, incompentent and thoughtless to me..."

 

I've witnessed CPD deal with numerous situations that conflict with this perspective. Recently there was an incident I witnessed where a few young teenagers were playing with what appeared to be a real firearm, someone called the police, and CPD officers surrounded the area and waited for the opportune moment to close in, guns drawn and ordered them to the ground. They complied, verified the gun was some sort of fake replica, talked with the kids, uncuffed them, and left with the confiscated replica/toy gun. Like this situation it involved young minorities, a concern call to the police, and an incorrect impression as cause for that concern... though arguably a far more dangerous suspected issue.

 

Their professionalism in that situation was reflective of my previous experience with them, both personally and witnessing other incidents. I'm sure they've had their moments and there may be some officers who may be less than ideal, but generally speaking the complaints I've heard against them have come from those who are more upset about getting caught or dealt with firmly when they're being disrespectful or uncooperative due to whatever hangups against authority they may have. I worry that some kids are being taught to despise police officers in general as "racist death squads" and this may lead to further combative behavior whenever they interact with them. Not only does it make a bad situation unnecessarily worse, even in situations where they may be perfectly within the law up to that point, but it can also lead to additional criminal charges or physical harm.

 

That said, I don't know how much of any of that actually applies to this case, nor does it necessarily get the officer off the hook for any liability, criminal or otherwise, if it's determined he intentionally or unintentionally used deadly force inappropriately. A scuffle alone seems insufficient absent some other unknown factors in my mind. Assuming those factors do or do not exist at this point seems unwise. Demanding those answers does not. Impatience for those answers may be inevitable, but the reality may be that we have to wait to get them regardless.

 

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Glock21 Op/Ed

The citizens' rights people decided to place reasonable restrictions on the police while still leaving them enough autonomy to be effective at their jobs.  You seem to think the point of civil liberties is to allow you to taunt the police and waste their time.  I can assure you that if the police observe a wanted criminal or a crime in progress through your front window they do not need permission from either you or a judge to enter.

I find it interesting that everyone who speaks of the shooting has made the conclusion that the officer willingly pulled the trigger, without even giving a nod to the possibility of this being an accidental shooting.  Given that there was some sort of physical struggle, it is possible for someone to accidentally discharge the weapon without the intent of killing another, or even trying to shoot the other person-and that goes both ways for the individuals involved.

And an FYI for the legal scholars, probable cause is sufficient for police officers to act in a situation where a warrant would otherwise be required.

mjerryfuerst's picture

Until the investigation and report is completed most of the discussion is speculation and hypothesis

An anonymous poster (I originally incorrectly attributed this to Todja) wrote:

Even if they see Osama Bin Laden in the front window, they may not go in. Read your Constitution.

Todja seems to  have her own Constituion.   The US constitution does not refer to windows.

The Founding Fathers were worried about the government's ability to just go right into a house, and prohibited the government from doing it without a Warrant or very clear rules that are to be followed in every case, every time.

The Constitution refers to warrants, but does spell out very clear rules.  The Supreme Court spends a reasonable amount of time pondering the meaning of the fourth ammendment: 

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Michael Fuerst             

(Click here for Urbana postage stamps, T-shirts and bumper stickers.)

I find it interesting that everyone who speaks of the shooting has made the conclusion that the officer willingly pulled the trigger, without even giving a nod to the possibility of this being an accidental shooting.  Given that there was some sort of physical struggle, it is possible for someone to accidentally discharge the weapon without the intent of killing another, or even trying to shoot the other person-and that goes both ways for the individuals involved.

I've been wondering about that myself.  It seems like there are lots of opinions out there right now, but not too many facts.  It'll be interesting to see what the investigation yields.

Glock21's picture

Mr. Fuerst... that was something Toldja was quoting and disputing from an anon poster, not stating herself.

 

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Glock21 Op/Ed

Being a cop is a tough job, and one imbued with a lot of practical power over people and situations.  It's a job you couldn't pay me enough to do (see "damned if you do, damned if you don't").   Nevertheless, it is in everyone's interest to get the true facts out there as soon as possible.  A month would be a ridiculous length of time to wait. 

Why is it irrelevant that the boys were resisting or otherwise not cooperating? 

Would the shooting have occurred had there not been some sort of altercation? 

Why was there an altercation?  It seems because the boys were not cooperating. 

Who thinks it's okay not to cooperate under such circumstances and why?  Who defends not cooperating with law enforcement and why?  Because you can't trust the cops? While there may be issues related to that, is the way to solve such a problem to act as though the law doesn't apply to you?  In what realm or aspect of society does that actually work out well for people?  Why would teens think that way?  Because their adult role models have imparted such views upon them?    

None of this would have happened had those boys not been doing what they were doing.  The police didn't go hunt them down.  They responded to a call and went into a situation not knowing what was going on and were seemingly met with resistance.  It's horrible how things turned out.  Absolutely horrible.  But, how were the police supposed to know at the time of the incident, what they have since learned about the situation?  Being largely unfamiliar with law enforcement, the only parallel I can draw for the sake of argument is that of universal precautions in health care.  AIDS, blood born pathogens, etc.  Yes, it's very unnecessary to don latex gloves when the persons involved in whatever procedure is being undertaken have nothing to transmit. It could be done completely safely without the use of latex gloves and other such precautions.  But, since one can't know for sure who has what, all patients (and care providers) are treated as if  they are known to be infectious.  As if a real and present danger exists.  Well, I imagine it might be similar in law enforcement activities.  They respond and follow a protocol that assumes the potential for danger at each step.  Do the police just need to lighten up when entering potentially dangerous situations because they might not turn out to be dangerous afterall?  How does an officer get injured while confronting a couple of teens who appear to be attempting to get into a locked home?  The one officer could have tripped over something and hurt himself that way and the other officer's gun could have accidentally gone off just out of the blue.  Both of those things could have freakishly happened while the two teens innocently stood there in compliance with the officers' orders.  Time will shed more light, hopefully.

 

 

Everyone does indeed need to know how to act. Know this. The police do not have unbridled authority to make you stop walking, to make you come to them, to make you do anything. If I am in my yard, and I am climbing in my window, and a cop drives by and orders me to come out, I don't have to. It's my house. If he wants to follow me in through with window, and he is yelling at the time, all stirred up, I can shoot him dead for coming into my house in such a manner, even if I know he is a police officer. Police can be burglars, too, at least historically they can be.

Just in case anyone actually thought this nonsense might be true, let me tell you unequivocally that this is not true.  Not only is this not true, it's absolutely terrible that someone would try to pass this off as being even close to the truth.  Acting like this will get you in big trouble in no time.

"None of this would have happened had those boys not been doing what they were doing.'

None of this would have happened if Finney and the other thug hadn't done what they did.

Why, again, were Finney and other there?  For no reason at all?

On October 13th, 2009 at 08:32 PM, Anonymous (not verified) said:
"None of this would have happened had those boys not been doing what they were doing.'

None of this would have happened if Finney and the other thug hadn't done what they did.

Which thug would that be, the one who got shot or the one who got arrested, I sure hope you are not referring to the Officers in this.

"Which thug would that be, the one who got shot or the one who got arrested, I sure hope you are not referring to the Officers in this."

I love it when cops participate in this blog.

Keith_Hays's picture

Champaign Student Charged with Resisting Arrest Reported by: Cortney Hall/WCIA 3 News Tuesday, Oct 13, 2009 @07:06pm The State’s Attorney says Chief R.T. Finney was the first on the scene last Friday. The police were responding to reports of a possible burglary at this home on Vine Street. It was called in by a neighbor. The State's Attorney says Finney confronted the teens outside behind the house. And one of the teens pushed past him. That’s how he dislocated his shoulder. “One boy is dead another one is alive and going home with his parents and that's the best that anyone can ask for,” said Reverend Jerome Chambers, who's couseled the boy who was arrested. “It is a probation able offense,” said Champaign County State’s Attorney Julia Rietz. “He could be sentenced to time in the Juvenile Detention Center. He could be sentenced to time in the department of corrections from between one and three years.” Police say the second officer at the scene was Daniel Norbits, 14-year veteran on the force. The State's Attorney said Norbits helped Finney surround the home. Police say there was a struggle. That’s when the Norbit's gun went off killing 15-year-old Kiwane Carrington. Community members are holding a vigil for Carrington Wednesday night. They are collecting money to fund his funeral at Heartland Bank. http://illinoishomepage.net/content/fulltext/?cid=111601

Three Score and Ten Plus One

Keith Hays

IlliniPundit's picture

Enough with the clueless namecalling please.

Didn't need to happen. If the chief of police can't work his way through a simple situation like this without a citizen being killed, we've got the wrong chief of police.

I find it rather irritating that Reitz is the pipeline for information on this.

 

Realize that ALL of this information is apparently based on Finney and Norbitt accounts of the situation. The big problem with that is that police, particularly CPD, and particularly RT Finney, have repeatedly demonstrated a willingness to tinker with the truth (LIE) to achieve their objectives. CPD is infiltrated with liars.

"How about if the lot of you try to stop speculating on what you obviously know nothing about?"

* Chief of police and another officer interacted with two unarmed young teens. FACT.

* One of the teens is now dead. FACT.

It seems like chief of police should be able to handle any situation with two unarmed teens without one being killed.

 

Do not make the mistake of unconditionally accepting cops' claim that gun went off accidentally.

To me, that sounds like a convenient excuse for adrenaline run amok.

There are some reasonable people over at UCIMC, but they eventually get tired of having their posts hidden by the editors and leave.  All that remains is a left-wing echo chamber and press releases dressed up as reporting.

Didn't need to happen. If the chief of police can't work his way through a simple situation like this without a citizen being killed, we've got the wrong chief of police.

You understand the difference between competence and perfection, right?  The police work their way through simple situations like this every day.  For some reason this time the suspects ended up in a fight with the officers and one of them got shot.  It'll happen again, but probably not for several years, and there's no real way to prevent it short of disarming the police.

Toldja So's picture

 UCIMC = ?

Keith_Hays's picture

UCIMC = Urbana-Champaign Independent Media Center

Three Score and Ten Plus One

Keith Hays

I don't know--dead unarmed 15 year olds trying to enter their own house seems a long way from "perfect" and even "imperfect" and pretty close to "worst at your job ever".

Has your 15 year old ever locked themselves out of the house? Have they ever questioned authority? If so, how would you feel if someone showed up at your house and shot them dead? Would you like to bury your kid tomorrow?

Everyone is "imperfect", in this particular situation, it's absolutely lucid who was more "imperfect"--shoulders heal, the young man will not.

Another thought exercise: If the shooter was not a police officer, but a young black male, how would our society assess the situation? The idea that police deserve more right to deadly force over unarmed civilians than others seems backwards.

Glock21's picture

"Has your 15 year old ever locked themselves out of the house? Have they ever questioned authority?" I'm sure most can relate in one way or another.

 

"If so, how would you feel if someone showed up at your house and shot them dead? Would you like to bury your kid tomorrow?" Nobody would, and I'm sure the emotional reaction would be to blame the shooter no matter what additional events occurred that led to that point, as you're doing right now. As far as criminal/civil liability goes, however, those additional events make a big difference regardless of how little bearing the will have on the emotional distress.

 

"Another thought exercise: If the shooter was not a police officer, but a young black male, how would our society assess the situation? The idea that police deserve more right to deadly force over unarmed civilians than others seems backwards."

It's not as backwards as you depict. If the homeowner was doing the shooting then, just like this situation, there will need to be a determination on the additional unknown events as to whether it was justified or an accident and whether any criminal charges are appropriate. The larger differences are in scope and further authority when it comes to police officers' power, per laws the public has established via their representatives, to demand compliance and detain and probable cause enabling more intrusion than your average joe, etc.

 

You seem to be assuming the police officer is entirely off the hook at this point, regardless of the additional details, which is a bad assumption at this point. If those additional details prove a criminal liability and then he gets off the hook anyways, then it's time to shout and scream and demand justice. At this point you're just making conclusions that frankly aren't substantiated yet.

 

--

Glock21 Op/Ed

RT Finney is in fairly good physical shape.  He hears a dispatch of a burglary in progress very near to where he is driving.  He has a choice: respond or leave it to others to respond.

Let's work together to find peace and healing in our community.  I suggest we challenge those from any point of view who make assumptions without the facts.  The surviving 15 year old Ready School student will have his day in court to answer charges of whether he resisted arrest.  He'll either admit to it, there will be a trial with sworn witnesses or the case will be dismissed.  At a trial the kid may or may not choose to testify, and we might learn more about what happened.

In the meantime, what can we all do to make our community better?

To Anonymous @ 8:10 A--indeed, one of the important tracks for this community right now, as you posted, is "what can we do to make our community better?" Unfortunately, you stopped there. What are your suggestions? How to turn this community around, including Unit 4? How to build or rebuild trust between the community and police department? How to offer ways and means for young adults of the community to engage productively in life? This lack has been prevelant for all of the years I have lived here--the teenagers are left to fend for themselves; yet we complain about them. I am interested in IP posters' thoughts and suggestions.

Pattsi Petrie

"Let's work together to find peace and healing in our community. "

Excellent! Here's a good place to start: stop shooting fifteen-year-old black boys for no reason.

No, you are completely wrong.  You need to do some research on the law.  I suggest you start by looking at exceptions to the search warrant requirement.  If an officer can articulate that he believed there was a burglary in progress...i.e. seeing someone entering through a window and they refuse to come out, they officer may make entry.  It's called fresh pursuit and is an exigent circumstance that negates the need for a search warrant.  Please research and know what you're talking about, both you and the person who said they would be justified in shooting an officer, before you give bad advice.

"Who thinks it's okay not to cooperate under such circumstances and why? Who defends not cooperating with law enforcement and why? "

Who thinks the penalty for failure to comply should be a bullet through the heart?

It's clear that the Champaign police are incredibly arrogant and abusive, particularly relative to blacks and minorities.  Any one who denies this is either woefully ignorant or woefully dishonest.

 

Occasionally the arrogance boils over into an overt incident like this one where some one is harmed or killed. 

 

The question is if the people of Champaign will step up and do something or not.  If these were middle-class white boys the reaction would be much different already.

Toldja So's picture

 It's clear that the Champaign police are incredibly arrogant and abusive, particularly relative to blacks and minorities.  Any one who denies this is either woefully ignorant or woefully dishonest.

FAIL, what is woefully clear are a few individuals on here have axes to grind with Finney or the CPD in general that preceded and go way beyond this incident.

Who thinks the penalty for failure to comply should be a bullet through the heart?

Your oversimplification of a tragic situation with inadequate information available to form any type educated opinion is premature and immature. It appears your intent is to incite, rather than understand, correct, or heal. Any one with an ounce of human compassion would not believe death should be a penalty for noncompliance, but sometimes due to circumstances, poor judgement, or human error it is, fact! My grandmother used to tell us there is a consequence for every decision or nondecision. Good judgement and grace determine whether it's a good or bad consequence. Obviously some errors were made. Who made them, with what knowledge or understanding they made is yet to be determined. Have a little good judgement and grace for all our sakes please.

What is extremely apparent to me, from most of these posts, is that facts have no bearing on the truth as seen by these posters.

 

I have questions, but I think I will wait until all of the facts are in.  Why does it take CSI only an hour to solve their crimes?  BECAUSE IT IS FICTION!!!  Why does it take so long for real police investigations to conclude?  BECAUSE THEY ARE REAL LIFE! And, since the investigators are not gods, they have to sift between the different accounts to find the truth.  Be patient, people.  The truth will come out in the end.

 

And, please, stop speculating.  It does no one any good, and only stirs up more problems.

 

If the shooter was not a police officer, but a young black male, how would our society assess the situation?

It would be on the front page for one day, there would be public calls for ending the cycle of violence, nobody in the neighborhood would talk to the police, and a little girl would die in a retaliatory drive-by two weeks later.

The idea that police deserve more right to deadly force over unarmed civilians than others seems backwards.

Using the threat of deadly force to enforce the law is exactly what we pay and train the police to do.  They've gotten so good at it that actual deaths are quite rare these days.

I guess I really don't get it.  In the comments area at the Urbana_Champaign Independent Media Center site, a poster who is a high school Social Worker and doctoral candidate has a blog entry of hers linked there by somebody.  An excerpt of it is as follows:

'...As a parent of a 13 year old black male: I cannot stop crying.  That could have been my son.  My son would not have wanted to get on the ground and mess up his fly clothes in the rain either.  If my son feels like he has a right to do something or needs to be heard, he speaks up.  It will make him a valued adult but sometimes a disrespectful kid.  Do I beat him down?  Grab him by the throat and impart on him the dangers of that behavior--especially to authority figures like the police?  Do I remind him again to "know his place" unlike Emmett Till who did not?'

http://www.ucimc.org/content/champaign-police-fatally-shoot-unarmed-15-year-old-african-american-youth#comment-7609

 

 

Is it racist to expect people to discipline their kids? You discipline your kids.  Who's paying for the fly clothes, the cell phone minutes, or whatever privileged things he enjoys?  You revoke privileges, you buy no more fly clothes for the kid until said kid shows appropriate respect to adults and authority.  Easier said than done?  Yes.  Particularly so with absent fathers, working moms, etc.  But, you bet it's done as a matter of duty under all manner of difficult circumstances in attempting to raise chidlren who will grow to be adults with values and behaviors that are consistent with successful functioning in adult society.  As long as parents are throwing their hands up in the air and lamenting what is a parent to do? there's a huge problem stemming from the attitudes in the homes of such kids.  Wouldn't want to get down on the ground and get his clothes dirty...  It's completely lost on me how that is even raised as a potential issue in such a context.  As in when the police, not your gym teacher, are telling you to get on the ground.

No, nobody would choose a bullet to the chest as an appropriate punishment for noncompliance.  No kidding.  But you're taking big risks when you choose to get into it with people who carry guns for a living.

If you have such a problem with the CPD, why not move?  Surely there is some community, someplace, where the police are sympathetic to resisting arrest.  Surely.

Try that out in LA and see how fast you get shot.  Amazing to me that this happens so rarely around here, I commend the restraint of officers in general, having to deal with situations like this on a daily basis and what not.

Keith_Hays's picture

Using the threat of deadly force to enforce the law is exactly what we pay and train the police to do. They've gotten so good at it that actual deaths are quite rare these days.

And Daniel Norbits' use of force was instrumental in two of those rare "actual deaths".

Three Score and Ten Plus One

Keith Hays

I just read today's N-G--there is an a fairly large ad requesting the firing of the police chief.   Pattsi Petrie

Glock21's picture

"I just read today's N-G--there is an a fairly large ad requesting the firing of the police chief. "

 

Um... how dare he show up to a burglary? There's so much axe grinding going on at this point we're getting down to the handles. I suppose if one has already concluded the guilt of the cops without evidence, it's not a leap to demand sentencing too. Pretty ridiculous, not to mention ironic given the complaints about rights, double standards, etc.

 

"And Daniel Norbits' use of force was instrumental in two of those rare "actual deaths"."

 

Was the other incident suspicious/unjustified, or was it an appropriate use of force in that case?

 

--

Glock21 Op/Ed

Toldja So's picture

 

And Daniel Norbits' use of force was instrumental in two of those rare "actual deaths".

I didn't see that part in the NG Keith, but I did see this part, which you must have forgot to include since I know you to be a "fair and balanced" kind of guy.

 

" Norbits, a 14-year veteran of the Champaign Police Department who received commendations from the department at least three times (2002, 2004 and 2006),..."

1. Norbits has been involved in killing 2 people. Ask most cops and they go through entire careers without firing their weapon except in training. Norbits didn't use his weapon the first time. He did this time. As to his commendations, note they are all internal commendations, where gung-ho gets rewarded.

2. What is RT Finney's background? Do you know how he was considered in Carbondale, his last duty? You should look it up.

Toldja So's picture

 worth repeating "what is woefully clear are a few individuals on here have axes to grind with Finney or the CPD in general that preceded and go way beyond this incident."

Is it appropriate for an individual to use the raw emotion and grief of others to sharpen their personal axes?

Keith_Hays's picture

Your oversimplification of a tragic situation with inadequate information available to form any type educated opinion is premature and immature. It appears your intent is to incite, rather than understand, correct, or heal. Any one with an ounce of human compassion would not believe death should be a penalty for noncompliance, but sometimes due to circumstances, poor judgement, or human error it is, fact! My grandmother used to tell us there is a consequence for every decision or nondecision. Good judgement and grace determine whether it's a good or bad consequence. Obviously some errors were made. Who made them, with what knowledge or understanding they made is yet to be determined. Have a little good judgement and grace for all our sakes please.

I have concerns at several levels involving this death.

The first, and perhaps the more important, is at the human level. I have experienced the pain and frustration of losing a 14 year old nephew as a result of the tragic combination of his immature judgment and the ill-advised, incomprehensible, and unnecessary acts of an inexperienced small town policeman. It was 12 years ago today. The pain is still fresh and the tears still well up. He was an honor student, a popular kid, and full of promise. He was of mixed parentage, a Black kid under the one drop rule, who had the bad judgment to accompany a White teen friend to a town in which there were no Black kids in the wee hours of the morning. He died that night leaving holes in the hearts of his family that will never heal. I can't help seeing this situation through the lens of that experience. A child is dead and I want to explain the reason to myself to find a justification and purpose for the death.

The second level is more critical for the community, Black and White; the level of public information and policy. There is no question that the killing of a 15 year old Black kid by a police officer is an inflammatory situation. When the shared policy of law enforcement agencies and news media is to lower a cone of silence, circle the wagons, and restrict the dissemination of factual information the result is to encourage presumption, speculation, and raw rumor. In the vacuum created by the policy we see a supposition that a reckless officer willfully acted to kill a Black kid without reason countered by the proposition that had the child was at fault and the death was his own fault. It is simply bad and short sighted policy. Withholding the identity of the involved officer is an example. It is incomprehensible to me how making his identity known could have jeopardized any step in a coordinated comprehensive investigation.

The third level is professional. The law as to the use of deadly force by a police officer is well understood and codified. The circumstances under which the policeman is permitted to use force likely to kill or maim is closely circumscribed. I have posted the relevant statutes so that we all can view the event in light of the law that applies to it.

Finally there is the practical level. While a police officer may not lawfully use deadly force except under the most extreme of circumstances one should never forget that the policeman is heavily armed. I have always advised both my clients and my children that no matter how unreasonable the policeman may seem there is only one thing for the citizen to say and that is "Yessir"!

Three Score and Ten Plus One

Keith Hays

Keith_Hays's picture

I didn't see that part in the NG Keith, but I did see this part, which you must have forgot to include since I know you to be a "fair and balanced" kind of guy.

Read the sidebar commencing on page one of this morning's print edition. I don't think that 3 commendations earns him a pass...

I was responding to a post that proclaimed that officers were so well trained in the use of deadly force that "actual deaths are quite rare".

Three Score and Ten Plus One

Keith Hays

Glock21's picture

First, I'm sorry for your loss. But that loss isn't justification for jumping to conclusions on the current incident, that while you claim to not be doing, certainly comes through in your writing regardless.

Second, I'd expect law enforcement to release the facts as soon as possible, but not without ensuring they have all of the facts and evidence straight first. Most of your demands seem more appropriate for the local media as opposed to a party of the events that has a legal liability in the matter. Especially since other agencies are rightfully taking the lead in the investigation to avoid the obvious conflict of interest. As for the cop's identity, do you have any knowledge that contradicts their claim that they were required to withhold it, or are you just assuming their reasoning was flawed without proof?

As to your third and final concerns, they didn't seem to be stated as such, so I'm not sure what the concerns are? That they aren't following the law? If not, how? That it's unfair for police to demand compliance? Or that cops shouldn't be armed? Beats me.

 

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Glock21 Op/Ed

Glock, it was the Gregory Brown incident in 2000.  There was no determination of a cause of death, but "positional asphyxiation" was offered as a possiblility.  The N-G article today says: "Up to 14 patrol officers came to the scene before Mr. Brown was subdued and handcuffed. Shortly thereafter, he appeared to stop breathing and died."

So if any of the other 13 officers are still with the Champaign PD, the narrative would be the same with the N-G and the UCIMC crowd.  After reading a number of old posts and archived comments from that site, it seems clear to me that the goal of the "progressives" is to force Champaign to have some sort of police review body, which Urbana (I believe) has established.  It's politics as usual with some playing on the grief of a terrible tragedy.  That is why there is a rush to judgment-best to get the conclusion you want before any facts come out which may obviate the creation of a body to second guess every police miscue, accident or tragedy.

With any luck, these folks could turn C-U into a mini-Chicago and provide a cottage industry for a few attorneys to extort earn compensation for aggrieved families for any C-U police actions, less their 30%-50% contingency fees, of course.

 

Glock21's picture

Annoying Mike... thanks. Seems like an almost entirely unrelated incident with no actual bearing on this officer's demeanor, let alone some proof that he's some unusually violent officer compared to most with the blood on his hands to prove it. I can see why the original comment was stripped of any context. <sarcasm>I'm sure that was completely unintentional and in no way indicates that unsubstantiated conclusions are being drawn to destroy this cop whether he actually deserves it or not.</sarcasm>

 

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Glock21 Op/Ed

That they aren't following the law? If not, how? That it's unfair for police to demand compliance? Or that cops shouldn't be armed? Beats me.

That cops shouldn't always immediately draw down and order people to lay down on the ground. That cops should professionally assess the threat first, quickly, professionally. That cops should assess whether the suspect may be armed, based upon training, experience, and likelihood. That often a "Hey, what are you doing?" is more effective and less dangerous.

That shooting an unarmed 15 year old skinny black kid isn't the first instinct.

Toldja So's picture

 I too lost a 15 year old nephew in a senseless accident, although it did not involve the police, I know that heartache well.  You have no proof this incident is anything remotely similiar other than two key players were a cop and a young black man. Projecting old wounds onto current events won't give you the resolution you're looking for.

The second level is more critical for the community, Black and White

Well there's some common ground. All the more reason the information that is issued needs to be based on fact, not speculation. These few but extensive threads on IP over the last few days are a prime example of how preconceived ideas, past experiences, and partial facts give birth to speculative scenarios that fuel racial discord. Could the delay in the release of factual data be due to the police department's sensitivity to discord? Could they be waiting for a third party investigation perhaps?

The third level is professional. The law as to the use of deadly force by a police officer is well understood and codified.

Wouldn't you agree you can not apply "the law" to an unknown scenario? It's quite evident emotions are running high on this, and emotions don't fuel good decision making.

Keith_Hays's picture

As to your third and final concerns, they didn't seem to be stated as such, so I'm not sure what the concerns are? That they aren't following the law? If not, how? That it's unfair for police to demand compliance? Or that cops shouldn't be armed? Beats me.

The circumstances that permit a peace officer to employ deadly force are set out in Section 7 of the Illinois Criminal Code that I previously posted. I suggest that you read it. Those circumstances do NOT include to compel compliance with an order to get on the ground as some who post here seem to think and advocate. Resort to the threat or use of deadly force except under those circumstances justified under the statute constitutes a criminal offense on the part of the police officer. I am concerned that some citizens as well as some police officers seem to think that the Dirty Harry scripts reflect the state of the law. They don't!

The only conclusion I have jumped to is that the lack of the timely release of accurate public information encourages the kind of speculation that poisons the well of public opinion.

Three Score and Ten Plus One

Keith Hays

Glock21's picture

"That cops shouldn't always immediately draw down and order people to lay down on the ground. That cops should professionally assess the threat first, quickly, professionally. That cops should assess whether the suspect may be armed, based upon training, experience, and likelihood. That often a "Hey, what are you doing?" is more effective and less dangerous."

 

You're assuming they didn't make such an assessment when for home invasions this very well may be the appropriate response for both the safety of the officers and suspects normally. Your alternative suggestion would be great if they were psychics who could be certain of what they were walking into with little regard needed for their own safety.

 

"That shooting an unarmed 15 year old skinny black kid isn't the first instinct."

 

You have absolutely no evidence that it was. Assuming it to be true doesn't make it true.

 

"The circumstances that permit a peace officer to employ deadly force are set out in Section 7 of the Illinois Criminal Code that I previously posted. I suggest that you read it. Those circumstances do NOT include to compel compliance with an order to get on the ground as some who post here seem to think and advocate."

 

I read and agree with the excerpts you posted. If someone suggested that an officer may shoot merely to get complaince with such an order without any of the additional issues mentioned in the law, I missed it. If you have evidence that this ocurred with this incident you have yet to provide it. Thus far no such evidence exists afaik.

 

"The only conclusion I have jumped to is that the lack of the timely release of accurate public information encourages the kind of speculation that poisons the well of public opinion."

 

Even if you're right that this obligation exists on the local police, which I do not, I do not see how that justifies actively poisoning the well of public opinion, which you seem to be engaged in, whether you recognize/admit it with your highly emotive and conclusive language that has both implied/stated this was a public execution, that this kid's life was worth nothing to the people involved, and attempting to smear the cop with a cherry picked and stripped of context event, etc. Given your postings thus far, your "concern" about lack of information leading to a poisoned well of public opinion seems more like a threat that if they don't, you'll continue poisoning the well of public opinion.

 

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Glock21 Op/Ed

Glock, I think your comments make sense to a detached observer. The African American community in the town do not need to be poisoned, the police's actions have already accomplished it.

I appreciate what you are trying to do, there's a couple of issues I have with your comments.

1) "I've witnessed CPD deal with numerous situations that conflict with this perspective"  Unless you had a spy camera on adolescent me, I don't understand how this could possibly be true. AFAIK, you didn't witness any of the situations I referred to, so I don't understand how you could say this.

2) It's completely unfair to characterize anyone who is critical of the police at this stage to have a "political axe to grind". It's also unfair to attack anyone who asks tough questions as "already having made their determination". After all, the victim's family (who have much of the information that you say we should reserve judgment until hearing) have spoken vocally on the issue.

3) The key question is not only "how was this child treated"? But also "Is there any difference between how youth of different backgrounds would be treated in the same situation?" The community seems to have the perception that you are far likely to suffer death by police officer if you are black rather than white. Furthermore, they seem to believe that police in the aggregate respond differently to minority youth. To say you have never seen this misses the point entirely. It's an obstinate response. It's a serious charge and it shouldn't be dismissed. Anyone who is "concerned" about equity in the society even one lick, and has any understanding of the history of law enforcement in the country should want to pursue this further.

Glock21's picture

1) Pointing out my experiences differed doesn't require videotaping your childhood.

2) That would be unfair. But I was applying the "axe to grind" comments towards those going beyond mere criticism, but actually demanding heads roll before the facts are in, some folks have been doing so for days with even fewer facts.

3) I'm not dismissing anything. But we still don't know if race played any role whatsoever in this particular incident. We don't even know exactly how the shooting actually went down yet beyond some very ambiguous descriptions from one party. People assuming that race must have played a role conflicts with my experiences observing the police deal with minority suspects in arguably more dangerous potential situations. It's a bad assumption. Now if the evidence shows that race played a factor here, then it will need to be dealt with accordingly. But the unwarranted assumptions are spreading like wildfire on this thread and it's irresponsible, imo. That kind of reckless propaganda could very well get more people injured or killed.

 

There are real race issues that need to be dealt with in our community. Exaggerating every pepper-spraying into a severe beating, shootouts with actual armed suspects as unwarranted use of force, or jumping to conclusions on this case, which for all we know may have been a tragic accident, and assuming it was part of some "racist death squad" conspiracy will only further divide the community and cause resentment. If evidence eventually shows the officer was in the wrong you might find a great deal of folks who would have been equally outraged and an ally to your cause still on the defensive from earlier assumptions that grouped them in with the worst accusations out there.

 

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Glock21 Op/Ed

Until I'm told otherwise, with facts to back it up, I'm assuming that when the child rushed the officer, knocked into the officer, the gun went off accidentally.  It's not as if this police officer was a rookie.

 

We don't know if race had anything to do with this incident.  We need to back off, and let the investigators do their job without us second guessing them before they've even come out with ANY kind of story.  All we've heard, thus far, is conjecture, beyond the bare bones facts that: someone thought that the kids were breaking into a house; police responded and told the kids to get down on the ground; the kids tried to push past the officers, who must have had their guns drawn for whatever reason; one gun went off and killed a child.  Beyond that, we don't know enough to make any judgements, speculations, etc. 

 

All this acrimony without underlying facts is ridiculous.  Give the investigation a few days.

Well, that's a massive perspective gap between ethnic majority and minority populations. It's not black/white, but rather universal. The majority always wants each situation to be treated as some entirely separate event that has nothing to do with anything else. They want the minority to be held to some impossible standard where they never speak on an issue until they are entirely sure 100% that race or whatever identity issue was the sole determining factor in the situation. Even with evidence, that evidence is usually assumed to be absent.

This fails to understand the reality--race or class or whatever affect nearly EVERY situation in a society such as ours. They are nearly never the sole determining factor and nearly never entirely absent. The standard that is being requested guarantees that aversive and systemic racism fester.

If certain demographics are bearing a disproportinate burden in terms of societal ill, that is data in itself. There is no need to prove in every situation that there was definitely an injustice. The disparity is inequity in itself. There is an explanation and no assumptions should be made as to what that is, but it must be investigated and followed-up upon.

Your posts on this issue are extremely presumptuous. The idea that your selective experience as a white male observing would somehow trump the weight of years of community experience, or that you get to determine what "real" racial issues are is ludicrous and reflects extreme racial privilege (I understand that you likely face discrimination in other identity demographic areas).

I don't expect you to take this for what it is. It's not a polemic. It's a plea to reconsider perspective. That people could describe their community's pain and you could simply say, "Naw, I don't buy it, I haven't seen it!" does not speak well of you, which is a shame as in other areas, you hold yourself to a high moral standard.

 

Words of wisdom from Chris Rock on how to deal with the police

http://www.youtube.com/watch?v=uj0mtxXEGE8

Glock21's picture

anon 4:56... I'm not sure you actually understood a word of what I said. You seem to be projecting some typical white guy stereotype on me and inferring a lot more into what I said than what was actually said. I disagree with pretty much everything you seem to think I believe based on that last post. If you're not intentionally setting up a strawman then I'm at a loss in how to respond.

 

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Glock21 Op/Ed

Seems like an almost entirely unrelated incident with no actual bearing on this officer's demeanor, let alone some proof that he's some unusually violent officer compared to most with the blood on his hands to prove it.

The article I read this morning in the News-Gazette clearly stated that this officer was the one who beat Brown repeatedly with his baton.

The report said Norbits tried to push Mr. Brown down with his foot in the center of the back.

"That had zero effect," Norbits said. "The subject again started to get up. I hit him, and we – he was flailing his arms as he was starting to get up. I didn't want the officers to get struck. I struck the upper portions of his – upper portions of his arm on the outside, both arms, at some point during the struggle."

Up to 14 patrol officers came to the scene before Mr. Brown was subdued and handcuffed. Shortly thereafter, he appeared to stop breathing and died.

Call it unrelated if you want to, but it seems pretty relevant to me.

Of course I don't spend my days trying to pretend that police are victims when they just killed an unarmed teenager.

I am white and middle aged and I am uncomfortable with the Champaign Police and I always feel safer when I am in Urbana.  There is a long and ugle history with the Champaign Police Department starting with the time they refused to show up and protect the black children being bused to Centennial High School.  The principal called the police when several white fathers and their sons showed up with baseball bats and waited for the buses.  The police never bothered to show up and those men beat up the poor black children. 

There is clearly a difference in perspective when you are the person who may be a target of police violence and when you are a person who is unlikely to be a victim of police violence.  It is also telling that the CPD shot a middle aged white man on his own front porch one night when he did not drop his pellet gun the instant they told him to do so after they blinded him with a bright light.  The man had to file a lawsuit before the CPD would admit they had made a mistake and they settled the case. 

There is clearly a culture of resorting to shooting first and asking questions later. 

 

 

Rietz said school officials report he is registered at Central and "from time to time, shows up at the school, but doesn't go to class.

Is it true that the kid has only shown up to school 5 times this quarter? Exactly where are his parents when he is missing nearly 90% of his classes???? Isnt this a part of the problem?

Glock21's picture

"Exactly where are his parents when he is missing nearly 90% of his classes????"

 

One of them is dead. Not sure about the other, but regardless, it's fairly irrelevant to the shooting itself. He could have been the epitome of model students or the most dreadful of school cretins. Doesn't make the shooting any less tragic, justified, or reasonable as an accident without knowing more facts about the shooting itself.

 

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Glock21 Op/Ed

"Is it true that the kid has only shown up to school 5 times this quarter? Exactly where are his parents when he is missing nearly 90% of his classes???? Isnt this a part of the problem?"

Out of curiosity, what exactly the percentage of classes one is allowed to miss before it's okay to shoot you through the heart?

Doesn't make the shooting any less tragic, justified, or reasonable as an accident without knowing more facts about the shooting itself.

Lord, please stop with your utterly contemptible attempts to pretend you're the voice of reason.  Earlier today you spew out this:

<sarcasm>I'm sure that was completely unintentional and in no way indicates that unsubstantiated conclusions are being drawn to destroy this cop whether he actually deserves it or not.</sarcasm>

And now you want to pretend that you're just sitting around waiting for facts to come in before you pass judgment?

You did this with the Van Jones thing and the 9/11 victims, now you are doing it with this poor kid and our community.  This site is not your big chance to manipulate tragedies in order to show everyone how level-headed you think you are.

Have some class, and move on.  No one needs to hear that we should all wait for more facts before we pass judgment from you one more time.  Especially when it is all too clear where your sympathies lie.

On October 14th, 2009 at 09:07 PM, Anonymous (not verified) said:

I am white and middle aged and I am uncomfortable with the Champaign Police and I always feel safer when I am in Urbana.  There is a long and ugle history with the Champaign Police Department starting with the time they refused to show up and protect the black children being bused to Centennial High School.  The principal called the police when several white fathers and their sons showed up with baseball bats and waited for the buses.  The police never bothered to show up and those men beat up the poor black children.

 

Dear Anon:

Would you be so kind as to supply us with a month and a year this incident happened in?  I have lived here for 20 years and this is the first time I have heard of this.

I am assuming it happened sometime in the 1960s-early '70s.

Thanks in advance.

owhtcootcitf

Todja asked :  Is it appropriate for an individual to use the raw emotion and grief of others to sharpen their personal axes?

Only if the individual has never exceeded the speed limit in a 30mph zone.

Thos unde the driving age can do so anytime.

"We don't know if race had anything to do with this incident. We need to back off, and let the investigators do their job without us second guessing them before they've even come out with ANY kind of story. All we've heard, thus far, is conjecture, beyond the bare bones facts that: someone thought that the kids were breaking into a house; police responded and told the kids to get down on the ground; the kids tried to push past the officers, who must have had their guns drawn for whatever reason; one gun went off and killed a child. Beyond that, we don't know enough to make any judgements, speculations, etc"

"...beyond the bare bones facts that:..."

Where are you getting your facts?


"...the kids tried to push past the officers, who must have had their guns drawn for whatever reason; one gun went off and killed a child..."

This is absolutely misleading.  Are the police so desperate they continue to come on the Pundit and plant false statements such as the one above mixed in actual facts? Do you really think that statement makes any logic or even remote sense?

The question isn't even about if the child was shot on purpose or by accident or even how, the question is why did the officers have their guns drawn and cocked ready to shoot?  Clearly we don't want to encourage a race war, but one can't help but wonder why Officer Daniel Norbits chose not to cock and point his weapon at 45 year old Greg Brown, a White male who weighed at least 300lbs.  A man who was violenttly resisting arrest and that Norbits admittedly claims he was concerned about the safety of his fellow officers during the struggle.  A struggle that took a group of officers to help retraint this huge man.  Yet RT and Norbits decide the undersized 15 year old Black youth, both not weighing more than 110 lbs apiece, need not only deadly force to contain them, but one of these two scrawny teens allegedly caused a sprained shoulder, sprained knee, cuts and bruises to RT during the alleged "scuffle" so Norbits shoots one of the kids in his chest/heart.

 

Wednesday, Oct. 14, 2009,  News-Gazette

Details of the death of Gregory Brown, who was killed by Officer Daniel Norbits nine years ago:

Norbits was involved in a struggle between police and Mr. Brown, a White male, approximately 300lbs and 45 years old, in the area of Clark and Prairie streets on Oct. 8, 2000, that resulted in Mr. Brown's death.

According to a police report, Norbits ordered Mr. Brown to lie on the ground and drew his expandable baton. When Brown attempted to resist, Norbits struck Mr. Brown on the back of his thighs.

"I was trying to get him to lie down onto his stomach, and he would not do so. I took the – my baton expanded and just put it up against his back, trying to push him down to the ground," Norbits said in a Serious Use of Force Task Force report obtained by The News-Gazette in 2001 under the Illinois Freedom of Information Act.

The report said Norbits tried to push Mr. Brown down with his foot in the center of the back.

"That had zero effect," Norbits said. "The subject again started to get up. I hit him, and we – he was flailing his arms as he was starting to get up. I didn't want the officers to get struck. I struck the upper portions of his – upper portions of his arm on the outside, both arms, at some point during the struggle."

Up to 14 patrol officers came to the scene before Mr. Brown was subdued and handcuffed. Shortly thereafter, he appeared to stop breathing and died.

Later, the Champaign City Council approved spending $110,000 to avoid a trial in a wrongful-death case concerning Mr. Brown's death.

Including an additional $75,000 paid by the city's insurance company, the Brown family received a total settlement of $185,000.

 

Glock21's picture

"The question isn't even about if the child was shot on purpose or by accident or even how, the question is why did the officers have their guns drawn and cocked ready to shoot?"

 

Both issues seem relevant. It doesn't immediately seem odd to me that officers would be expected to investigate a suspected home invasion in progress prepared to encounter deadly force, but perhaps other factors play a role in the decision and those factors may or may not actually have been present. Also, as I posted in the other thread on this topic, modern firearms generally don't have to be "cocked" after they're drawn to be ready to shoot. Some (not all) guns have a disabling safety switch, but if they're drawing their weapons generally the reasons is an expectation that it will be fired and it would be nonsensical to leave it in a disabled state after drawing it.

 

Whether the shooting was intentional, accidental, and why also seems very relevant. There are numerous scenarios, many speculated on here, where the cop would be more or less liable. Of course for all we know the cop panicked and gunned this kid down without any real cause... or perhaps the gun was unintentionally fired durring the alleged scuffle as the speculation you quoted ponders.

 

I'm still at a loss on how the Brown case is all that relevant to this one. The contrast with this case is pretty substantial. A guy that took numerous police to overtake to get into custody due to his resistance, which hardly comes off as unwarranted use of a baton by initial officers on the scene, which resulted in a complication of health issues leading to death and a civil liability... versus an issue involving small statured minors that resulted in a shooting death and what may be a criminal liability.

 

My guess is people are trying to use the earlier incident to suggest that it is somehow telling of how the officer in the recent incident was likely to behave, but use of a baton on the extremities isn't all that unusual in such situations (in fact that may be one of the primary reasons they carry batons for exactly those kind of situations) as opposed to some murderous activity. Initially pointed out here as the fact that he'd killed before! Arguably pretty misleading. Similarly, other folks have been trying to use unrelated information to imply or directly accuse the kids of being out of control thugs to defend assumptions about their behavior that day which also seems geared to prejudice public opinion before the facts in this case are known. Neither are helpful, imo.

 

--

Glock21 Op/Ed

It is relevant, since if the kid, who goes to Central, had been in School, then he would not have been at the incident, since Unit 4 was not on a half day that day, but Ready was............................

Glock21's picture

Ish... not really. There are all sorts of irrelevant (as to culpability) events that led up to this particular event. Perhaps they could have hung out somewhere else, or the cop went that way instead of this way at an intersection and wouldn't have been the one to respond, or the homeowner may have felt a bit ill and decided to stay home that day, etc etc etc. None really helps inform where the blame lies with the actions that actually happened. Like I said before, whether the kids were honors students or absolute cretins is irrelevant to their actions with the police. The police can't just shoot a kid for skipping class, and iirc the kid was let out early anyways. The cops certainly couldn't have known either way, nor would it make the shooting any more or less justified. 

 

--

Glock21 Op/Ed

One has to wonder how many times the average police officer ends up killing a civilian in his or her entire career.  I would guess that the average is zero.  This guy has now instigated violence upon two civilians who ended up dead at his hands.

You know, call me crazy but it seems pretty clearly relevant.

Of course I am not in the business of pretending down is up.

Toldja So's picture

 I think somewhere along the thread someone confused the young man who was shot with the young man who was arrested. It was my understanding the one who was arrested went to Central occasionally, while the deceased attended READY that was dismissed early that day.

"One has to wonder how many times the average police officer ends up killing a civilian in his or her entire career.  I would guess that the average is zero.  This guy has now instigated violence upon two civilians who ended up dead at his hands."

So you think Norbits is somehow responsible for the death of Gregory Brown?  If so, that would probably make Gregory Brown the first person in human history to die of a nightstick wound to the arm.

Brown was a 300 pound man who was fighting with the police and wouldn't stop (Norbits clearly did not "instigate the violence" with him).  It seems to me that, if Norbits was the least bit trigger-happy, Brown would have died of a gunshot wound right away, instead of his heart stopping due to overexertion.

The following is a question for Keith Hays--according to the Code of Ethics for individuals in the legal profession who have passed the bar exam, what are the circumstances that determine when anyone within the profession ought to recuse oneself from a legal situation?

Pattsi Petrie

So you think Norbits is somehow responsible for the death of Gregory Brown?  If so, that would probably make Gregory Brown the first person in human history to die of a nightstick wound to the arm.

Well, I don't think we'll ever know what happened with Gregory Brown since, as you can see from the testimony, there is an awful lot of vague area between hitting someone on the arm (repeatedly) with a stick and the guy ending up dead.  Color me skeptical if I don't believe this cop told the whole story in his testimony - his career was on the line.

On the other hand, Norbits was the first one to hit Brown (repeatedly) and he ended up dead.  Norbits is now the one whose gun killed a 15 year old.  Again, some might call that coincidence.  My contention is that logical people without a hidden agenda (like, "I'm trying to be really fair here but of course the cop deserves every inkling of doubt and anyone who disagrees with me deserves ridicule") are probably going to find this piece of information persuasive against the cop.

I've known a few cops in my day, but I've never known one that killed a person.  Norbits has killed at least one and was party to the death of another.  To me, that information is disturbing.

To Waiting-for-the-facts:

 

I got my "bare-bone facts" from news reports (television and News-Gazette, both quoting from statements read into the record at the second child's hearing), and not the blogs, etc.  Those are far too inflamatory for my taste.

 

I still think that any speculation, any dredging up of past behaviours is too premature at this point.  I agree with those people who spoke last night and who called for calm and reason to prevail.  I do not agree with a one week deadline or else we get Jesse Jackson in Champaign.  Give the state police the time they need to sort through the facts and to get them straight.  Just what we would need right now is to go off half-cocked (and that pun is intentional) with what we "know" and what we speculate and hang an innocent man (figuratively, not literally), only to find out later that he was completely innocent.

And, I do realize that these children did have a right to be where they were.  Nobody has the right to defy the police and not expect some sort of consequence.  As has been said repeatedly on "Penny For Your Thoughts" in the last couple of days:  do what the police tell you to do, then sort it out later.  Better that than someone lying dead on the sidewalk.

 

(BTW:  Chris Rock's piece:  Right on!)

Champaign Police Department lacks a customer-service sort of culture. Instead of seeing themselves as advocates FOR the citizens who sign their paychecks, they see themselves as warriors who are charged with suppressing and overcoming, or something like that.

The culture flows from the leadership, or lack thereof.

Leadership includes not only the incompetent chief, but the morons he reports to: dipsh*t ex-cop mayor, entrenched manipulative incompetent scumbag loser city manager, groupthink city council, etc.

"Well, I don't think we'll ever know what happened with Gregory Brown since, as you can see from the testimony, there is an awful lot of vague area between hitting someone on the arm (repeatedly) with a stick and the guy ending up dead."

How do you figure?  Three hundred pound, 45-year-old guys keel over every year from heart attacks while shoveling snow.  That's a lot less physically strenuous than fighting with fifteen cops. 

"Color me skeptical if I don't believe this cop told the whole story in his testimony - his career was on the line."

OK, well, don't believe him.  You don't have to.  Was there any report of head trauma, gunshot wounds, or any other evidence that Norbits was lying in the autopsy?  I'm assuming there's not, because if there was, you would have brought it up.  So what are you talking about, exactly?

"Again, some might call that coincidence.  My contention is that logical people without a hidden agenda (like, "I'm trying to be really fair here but of course the cop deserves every inkling of doubt and anyone who disagrees with me deserves ridicule") are probably going to find this piece of information persuasive against the cop."

Well.  What are the statistics about police officers who have been on the force for fourteen years?  You admit that you don't really know, and just assume that most of them are never involved in a death.  But is that really true?

More importantly, since you still haven't presented any evidence that Norbits had anything to do with Gregory Brown's death (other than preventing Brown from attacking any more officers), I don't really see how it's relevant in the first place.

Keith_Hays's picture

The following is a question for Keith Hays--according to the Code of Ethics for individuals in the legal profession who have passed the bar exam, what are the circumstances that determine when anyone within the profession ought to recuse oneself from a legal situation?

There is no simple answer to the question as you posed it. In part the answer would depend upon the role the individual plays in the legal system. A judge should recuse himself from hearing any case in which he or a close member of his family has an interest in the outcome. A lawyer should refuse any engagement in which he, a close member of his family, or an existing or previous client has a substantial interest adverse to that of the potential client. A lawyer or judge should avoid becoming involved in any matter in which there is even an appearance of impropriety such that public confidence in the judicial system would be compromised.

That is a brief and compressed overview of the subject. Books have been written on the subject, semester long ethics courses cover the subject, and lawyers are required to take continuing legal education courses on ethics annually. It is too complex a subject for me to provide a general answer.

Three Score and Ten Plus One

Keith Hays

To Keith Hays @ 10:01 A--fair enough and thank you for your response. Specifically, I am curious if our states attorney has any reason to recuse herself from this situation based on the fact that she is married to an Urbana policeman along with my own assumption that this is a very small community of professional individuals and might possibly know the two Champaign policemen involved.

Pattsi Petrie

A man called in to Penny for your Thoughts this morning and said he was at the vigil last night and he spoke with the other kid. He said the kid told him that he and the kid that got shot were on their knees.

I will be very interested to know what the angle of the bullet entry will be. I will also be very interested in the soil patterns on all the individuals clothes. I will also be very interested in the medical report about Finney's injuries. If the CPD doesn't release those, claiming patient privilege, or personnel matter, or something, I will be very suspicious.

So let's wait and see. If the evidence shows that the kid was down when shot, bad news for Norbits. If the evidence shows Finney wasn't really injured, bad news for Finney. On the other hand, if the entry route doesn't show the kid was already down and the soil patterns show a struggle, then good news for Norbits and good news for Finney. At least for that part.

From today's News Gazette

 

Meeks also called on the Champaign Police Department to hire more black police officers.

"As we marched to the church tonight, all I saw were white police officers," Meeks said. "All these black kids need to see some police officers who look like them so they can aspire to become a Champaign police officer."

 

I thought tht the County Sheriff's Office was called on to handle crowd control last night so that the CPD would not be present - was that the case or not?

What is the makeup of the Champaign Police Department by gender/race? Is it reported anywhere?

(Because someone will ask - Champaign Schools 11% African American Teachers - as opposed to a Student Population of 37% African American)

Sources

http://iirc.niu.edu/District.aspx?source=District%20Profile&districtID=09010004026&level=D

Greg Novak

Well I'm gland Mr. Forensics is here to clear matters up.  He hears some hearsay evidence on the radio and boldly announces that unless the physical evidence validates this hearsay claim, there's a problem, though the realiability and truthfulness of the claim are undetermined.

Now I understand why conspiracy theories abound on the web.  Pick a predestined conclusion, pick an ax to grind, shape the worldview and then bleat the conclusion until others begin to accept it.

How about we try waiting for the evidence, examine it without our personal biases, and understand that some of the evidence may offer less certainty than we would like.  Then if we get to that point, we can understand that there may not be one, exact, confirmed intrepretation of the matters presented in evidence.

It's less exciting, but much more helpful for our society.

CPD won't be releasing anything.  The investigation is being done by the Illinois State Police.  CPD turned everything over to ISP minutes after the gun went off.  ISP is controlling the release of information and the timetable. The alternative was to turn it all over to the Independent Media Center for investigation, but they were busy.

More importantly, since you still haven't presented any evidence that Norbits had anything to do with Gregory Brown's death (other than preventing Brown from attacking any more officers), I don't really see how it's relevant in the first place.

No, of course you don't.  Norbits admittedly beat a man repeatedly, including kicking him.  The man died shortly thereafter.  A few years later Norbits kills a 15 year old black kid.  No relevance at all.

Ah, how I wish these folks had cried so passionately for time, patience and a sober analysis of all the facts before the War in Iraq.  "Yes, but is there really any relevance between Saddam's use of chemical weapons and Bin Laden's attack on 9/11?  We should just wait to let all the facts come in!"

Right.  I wonder what's changed.

OK, call me stupid if you want to, but I don't quite see the relevance of the War in Iraq to the civil unrest being stirred up by the shooting of a child.  We don't know much beyond a child's death in the latter; in the former, we had 3,000 deaths and a group of people claiming to have done it in the former. 

 

Of course, someone will always try to connect totally disparate things.

 

(BTW, holding a man down with a foot is not kicking him)

"Ah, how I wish these folks had cried so passionately for time, patience and a sober analysis of all the facts before the War in Iraq.  "Yes, but is there really any relevance between Saddam's use of chemical weapons and Bin Laden's attack on 9/11?  We should just wait to let all the facts come in!"

Right.  I wonder what's changed."

Well, actually, A, I was against the Iraq war from the moment I heard about it.  That's never changed.  Why did you assume I was for it?  You wouldn't be jumping to conclusions based on absolutely no evidence at all, would you?  Nah, that's something you'd never do.

"No, of course you don't.  Norbits admittedly beat a man repeatedly, including kicking him.  The man died shortly thereafter.  A few years later Norbits kills a 15 year old black kid.  No relevance at all."

I agree completely.  I could sit there and smash you in the arm with a nightstick all day long, and it still wouldn't kill you.  The 150 spare pounds Brown was carrying around and the massive exertion he was putting himself through by fighting with the police killed him. 

What would you have had Officer Norbits do, anyway?  Just stand there and let Gregory Brown attack the rest of the cops?  And really, like I said before, if Norbits is as trigger-happy as you claim, why didn't he just shoot Brown, and not put himself through the risk of injury?

Here is the information on the incidents around desegregation in Champaign

More Than a Bus Ride: Desegregating Champaign Schools, produced by African-American girls at Franklin Middle School as part of The Youth Media Workshop, a collaboration between WILL radio and Innovative Ed Consulting, Inc., headed by Dr. Will Patterson.

http://will.illinois.edu/youthmediaworkshop/entry/more-than-a-bus-ride-desegregating-champaign-schools/

OK, call me stupid if you want to, but I don't quite see the relevance of the War in Iraq to the civil unrest being stirred up by the shooting of a child.  We don't know much beyond a child's death in the latter; in the former, we had 3,000 deaths and a group of people claiming to have done it in the former. 

 

Of course, someone will always try to connect totally disparate things.

Most unintentional satirical post ever!

Keith_Hays's picture

To Keith Hays @ 10:01 A--fair enough and thank you for your response. Specifically, I am curious if our states attorney has any reason to recuse herself from this situation based on the fact that she is married to an Urbana policeman along with my own assumption that this is a very small community of professional individuals and might possibly know the two Champaign policemen involved.

I thought that might be the question toward which you were tending.

A State's Attorney in her second term and with prior experience in the State's Attorney's has undoubtedly become acquainted with many individual police officers and undoubtedly with every command officer active in the county. Add to that the social contacts through her husband and his colleagues and the universe of her social contacts expands. That fact, standing alone, does not constitute an ethical problem for her in making a professional decision to either prosecute or refrain from prosecuting a specific case involving a police officer. Nor does it, in my opinion, create an appearance of impropriety such that she would be required to recuse herself under the Canons of Ethics.

But the rules of the profession are not the only factor which a public servant must consider in addressing that question. In a case such as this one the public prosecutor must be sensitive to the political atmosphere swirling around the facts. A distinguished British jurist once wrote, "It is important that Justice be done but it is the more important that Justice be seen to be done." That is to say that the public must be able to accept the outcome of a case as just and thus have confidence in the ability of the judicial system to find the truth and administer the law.

Were I Ms. Reitz faced with this set of apparent facts and my social and professional connections to law enforcement officers I would strongly consider recusing my office from any contact with the cases and request the appointment of an independent prosecutor. I do not know how I would decide that question. Knowing Ms. Reitz I am confident that if she decides to proceed with the cases it will be because she is confident that she will be able to objectively examine the facts without any improper influence affecting the outcome.

Three Score and Ten Plus One

Keith Hays

1968 was 41 years ago, not a single person who was a part of the Champaign Police Department at that time is still there, not suprisingly. Most current cops were still small children or yet to be born at that time. In the meantime, Champaign has had a black police chief and many black officers and several in positions of command, the comparison to 41 years ago is patently absurd. 

 

Let's stick to moderately relavent facts here, and not compare apples and kumquats.

"Nobody has the right to defy the police and not expect some sort of consequence."

Sure. How about a bullet in the chest? That maybe a little bit too consequential?

"Let's stick to moderately relavent facts here, and not compare apples and kumquats."

Which one is the kumquat? Finney or Norbit?

I happen to be a person with some authority, a great deal of authority to many people. It is nice to know that for most people here I can yell "Get on the ground!" and if they don't comply I may shoot them.

After all, we can sort it out later, can't we?

To Keith Hays @ 3:10 P--thank you for the clear explanation.   Pattsi Petrie

Interesting CSI on Thursday night.  The plot centered on a white police officer who shot an African-American male and killed him.  It turned out the victim was also a police officer.  Immediately, claims were made by community members that the white officer deliberately murdered the black officer.  Many on the show were quick to reach that conclusion without an examination of the evidence.  Lo and behold, the evidence exonerates the white officer, but not before he kills himself over remorse for the killing and the stigma from the whispering campaigns of those who just knew it was racism...............

Perhaps some in the community, to include several who post on this blog, could learn a lesson or two from this story, for example:

  • wait for the evidence before opening your mouth because events may not have happened as believed, or
  • refrain from trashing someone's reputation just because it fits your political agenda.

But I'm sure the righteously indignant will quickly point out that it was just television.

Arvid's picture

Perhaps some in the community, to include several who post on this blog, could learn a lesson or two from this story, for example:

  • wait for the evidence before opening your mouth because events may not have happened as believed, or
  • refrain from trashing someone's reputation just because it fits your political agenda.

Oh, if you could only follow your own advice, Mike...

Honestly, I'm tired of the irony of so many here who consistently jump to half-assed conclusions they draw on limited evidence and personal feelings suddenly demanding restraint and waiting until the facts are on the table now that it's a white police officer and not the Consent Decree, Obama, Health Care Reform, Evolution, Global Climate Change, Iraq, etc.

But I'm sure the righteously indignat will quickly point out that those incidents of not waiting for evidence before opening of mouths are different...

-----
This last post conclusively proves that Arvid is in fact Laurel Prussing. Sad. - Anonymous on 2009-06-22 @ 9:30am

Interesting CSI on Thursday night.  The plot centered on a white police officer who shot an African-American male and killed him.  It turned out the victim was also a police officer.  Immediately, claims were made by community members that the white officer deliberately murdered the black officer.  Many on the show were quick to reach that conclusion without an examination of the evidence.  Lo and behold, the evidence exonerates the white officer, but not before he kills himself over remorse for the killing and the stigma from the whispering campaigns of those who just knew it was racism...............

I've wondered whether shows like CSI fuel unrealistic expectations of what law enforcement should be able to do.  Yeah, I'd like to know what happened, but it doesn't seem that surprising that the State Police investigation will take some time.   Of course, on a show like CSI, it'd be completely solved within an hour minus commercial breaks.

Keith_Hays's picture

Perhaps it is time to review what we THINK that we know about the events surrounding the death of Kiwane Carrington based upon the published accounts thus far.

At 1:20 PM on last Friday afternoon a neighbor called 911 to report two persons attempting to get into 906 West Vine Street in Champaign. She told the Metcad operator that they were trying the doors and the windows. After getting the necessary information from the caller Metcad dispatched CPD on a "burglary in process call". Champaign Police Chief R. T. Finney was the first to arrive at the scene. He was dressed in civilian clothes but displayed his badge. Chief Finney proceeded to the fenced back yard. Officer Daniel Norbits was the second officer at the scene. He helped Chief Finney "surround the house".

Chief Finney confronted one of the two teen aged subjects who was walking toward a break in the fence surrounding the back yard. Chief Finney grasped the teen by the shoulder wrenching his own shoulder in the process. What is now described as a struggle ensued between the Chief and that teen aged subject who was restrained and arrested on a preliminary charge of residential burglary.

The neighbor who made the 911 reports was unable to see the events in the back yard. Her view was impeded by the tall fence surrounding the back yard. She did hear someone shout, "Get on the ground! Get on the ground!" She then heard a shot.

A shot was fired from Officer Norbits service weapon. Kiwane Carrington was struck in the chest. A unknown number of officers who "were within earshot" attempted to revive the boy until paramedics arrived. The boy was transported to Carle Hospital's Emergency Room where he was pronounced dead at 2:15 PM.

Officers then used a battering ram to enter the house, breaking in the back door. They searched the entire house breaking in two attic doors in the process. That is the sum total of the public information available as to the event itself. Nothing in the public information to date reveals evidence to support lawful justification for the use of deadly force. Nothing in the public information conclusively negates the existence of such evidence.

Three Score and Ten Plus One

Keith Hays

Glock21's picture

Keith... a very good summary there. Thanks.

 

--

Glock21 Op/Ed

Thank you, Keith, for your very informative overview of the autopsy process (other blog on Pundit). And, thank you for sharing such vast knowledge from your years of practicing law. I am not sure many outside of the legal system can appreciate the generosity of your taking time to educate those of us who have little knowledge of what really happens in a small town community, way South of Chicago, and way different in both attitude and practice of Social Justice. Your responses are consistently balanced, filled to the brim with candor, and I, for one, certainly appreciate tuning in and learning. That said, I was still confused as to how the CPD found their way to Kiwane's school to get a photocopy of him (a very unflattering one I might add) wearing oversized dark shades, what appeared to look like a scarf under his cap, and a very thug-like look in general. However, the CPD never made any attempts to contact the family. The school had all contacts and addresses. From my layman understanding, an aggressive attempt is made to look for the nearest relative to identify the body (physical body) before hauling it off for an autopsy. The first family member to be notified was Kiwane's sister who was not told by the CPD, but by a friend who'd heard about the shooting through others. It was approximately 5pm. Is that normal procedure? The aunt, grandmother, and other family were all home. The school's social worker knew where to find the family. That social worker was never contacted. That social worker was at the school. On another subject, I have shared your poignant prose with many of my friends and colleagues. I have included your name and the fact that you are a retired, 71 yr old lawyer from Champaign, and that you are White. I did this to allow a larger window of compassion as well as to let the community know this is not just a Black interest-only tragedy, but a human one. Everyone has written back in droves and said how much this has moved them. I would like to know if you would allow us to continue using your words as part of our campaign to seek the truth and transparency in this investigation. Your name and description of who you are will also remain with your words. None of this will be for profit, except that which will garner funds for the family for their funeral and burial expenses. As you may be aware, this family buried two immediate family members inside of 15 months (Mother, pancreatic cancer and Grandmother). Funds are held at Busey Bank under Kiwane's name and any donations would go there as well. Having said that, may we have your permission to use your prose? ...and, My sincere condolences for your nephew and your family's tragic and unexpected loss.

Can you really make ANY conclusion with respect to what was justified or not based on what's publicly known thus far? To say there was no justification promotes speculation to publicly known fact. The neighbor couldn't see what was going on. In other words the crucial information about what the teens were doing is not known by a witness outside of those directly involved in the incident, so how do you draw the conclusion that deadly force was not justified? You would have to assume that neither teen was, say, reaching for something in a pocket or otherwise not complying in a way that causes a trained cop to not unreasonably think that they are about to be in life-threatening danger. It's easy on the other side of this to say how stupid it would be for a cop to assume that given that the teens were unarmed so if they were reaching into a pocket, it wasn't for a weapon. But, cops don't have the luxury of after-the-fact knowledge heading into dangerous situations. That's why they're trained to interpret various behaviors in-the-moment. Maybe they did screw up, but, I don't think that can be concluded on what information is publicly known thus far.

Arvid, you're muddling the one point I made in the 11:17 p.m. post with a host of non-related issues, broad assertions and naturally, the "race card."  However, I think there is one point I understand, and that is that you are frustrated with people who argue one way when it suits their purposes and then reverse themselves when it's to their advantage-double standards, so to speak.  Well I get frustrated with that too, so it looks like we share common ground. : )

Keith_Hays's picture

may we have your permission to use your prose?

Thank you for your kind words.

I am reluctant to discuss the use of my work, poetry or prose, in a public forum and especially by an agency whose identity I do not know. Unfortunately you are not a registered user of this website and thus I presume that our host does not have your e-mail address. I will request that IP release my e-mail address to you if you will register so that he can do that. You may then contact me directly.

How did CPD find its way to the lad's school? The most likely scenario is that they found a school ID card on the boys person. I sincerely doubt that the CPD picked out the photo but I would guess that it was the only photograph that the school released to them.

I cannot account for the method by which the child's family was notified nor for the 3 hour delay in doing so. Remember that we do not know at what time the school was contacted.

Three Score and Ten Plus One

Keith Hays

IlliniPundit's picture

"I will request that IP release my e-mail address to you if you will register so that he can do that."

Just email me.

A community activist promotes this to black youth?  This is a huge part of the problem. 

'Communit activist Terry Townsend...took issue with pastors who urged the congregation to submit to authority and to not be angry. "We talked at those kids, not to them.  Everybody was more or less lecturing them not to be angry.  In this case, the kids aren't resisting arrest; they're resisting injustice.  They're thinking, 'I'm not doing anything wrong and they don't have the right to tell me to get on the ground." '

http://www.news-gazette.com/news/local/2009/10/17/mourners_stand_shoulder_to_shoulder_for_carrington

It's all ********. The 15 year old was killed. He was shoot in the chest. There is no way in hell there could have been a struggle. He was 130,135 pounds. Its all ********. But trust me when I tell you this,we as a race will get justice for this. We are tried of things like this happening to us. We are targets. But we are about to make YOU the prey. We are not taking this **** no more. So when you start seeing cops get shot and killed, maybe somebody will wake the **** up!

(Edited for profanity by IP)

If anyone disagrees with my comment about cops getting killed,you can email me at edvinci@yahoo.com.

To me it comes down to a simple question:

Do you want to have an excuse for killing kids? Or do you want to talk to kids in a way they are actually likely to learn and respond thoughtfully?

Of course following this action the students should be marching in the streets, and no, they shouldn't listen to police orders. The police, and everyone else, for once, should listen to them.

Disobedience is an important civic skill. It is definitely not something that warrants the death penalty.

Keith_Hays's picture

The Rev. Jerome Chambers, president of the Champaign County NAACP, said repeatedly "Enough is enough!" and asked "Why did this 15-year-old have to die?"

"Only the truth will save Champaign," he said. But Chambers also asked for patience while the investigation of the shooting continues.

He said "adolescence is a time of turbulence" where "rebellion against authority is to be expected."

Chambers gave a dissertation on the stages of anger, and said rage can lead to temporary insanity. He urged the congregation not to stay in a state of fury.

He disputed a poem on a local blog about Mr. Carrington that begins "Just a Black Boy, Not going to amount to nothing, Mother dead, Father God knows where."

Chambers said the teen was not just another black boy; he was "our black boy" and that he did have a father who saw him even though they didn't live together. Mr. Carrington's mother, Rita Williams, died of cancer a year ago.
Entire Article

Let me take a poet's privilege to correct a misreading of his work. A poet uses a parsimony of language to capture an emotion. Of necessity that results in each reader providing his own reading of the words. Rev. Chambers reads the line "Father God knows where." as "Father? God knows where." The line was not intended to refer to the boy's father but rather to his mother embracing the idea that God the Father knows where she dwells with Him.

Three Score and Ten Plus One

Keith Hays

This is such a good point...Let's see...two people struggling with a gun in the mix.  Chances are it could go off. 

If these two young men were doing nothing wrong then why didn't they just cooperate and listen to the police?  Clear the matter up and then be on their way. 

I've read through these postings and generally believe that several posters wouldn't be happy with anything the CPD does. This case is closed in their minds...investigation be dammed.  They made up their mind this officer was guilty the minute he got on the scene.

For me personally...I want the members of the CPD to know that I appreciate everything you do to keep our city safe and I praise you for not letting this frenzy of villagers with torches and pitchforks get to you.  You are handling this situation with complete professionalism.

 

 

So why do you not stop, listen to the police who are responding to a call that someone is breaking into a house and say "I live here...I locked my keys inside...anything." 

I already emailed the writer of the article regarding his portrayal of what Rev. Chambers read. I know the writer, Paul Wood, and know him to be very good at getting a balanced story out---many times covering subjects no one else will when it comes to the Black community and I find no fault with his journalism. I also feel Wood's was not trying to respin the words of Mr. Hay's, but trying to use the part of the point Rev. Chambers made to stress another point. Unfortunately, because of the delicacy of the situation, it would have been far better to make certain the retelling of how the prose was read would have been better if it was either left out of the article if word count was at a minimum, or to further explain the spirit and scope of the reason for the prose and the entire meaning of what Rev. Chamber's was trying to express. Rev. Chambers, like many other leaders in the Black community who read Mr. Hays prose were totally awed by the sophisticated emotion that summed up the racial climate. As Black folks, WE all got the intelligent play on words. There was no question how much that prose moved us. What the article did not state was how Rev. Chambers introduced the prose---he said that it was written by a 71 year old retired White attorney who was moved by the death. Then he read it. He only highlighted the first part of the prose, not to criticize the spirit or intent or scope, but to follow Mr. Hays staccato by agreeing that this is how a child like Kiwane's death is easily dismissed as a victim of the Hood thrown away like the morning trash...and forgotten just as quickly...and that Kiwane was not going to be just another Black Boy dying...but someone that everyone will know by name...and everyone will want to ensure that justice----no matter what actually took place---will be served.

Keith_Hays's picture

But trust me when I tell you this,we as a race will get justice for this. We are tried of things like this happening to us. We are targets. But we are about to make YOU the prey. We are not taking this **** no more. So when you start seeing cops get shot and killed, maybe somebody will wake the **** up!

I don't think that Kiwane died because he was Black. I think he died because he was one of us, the folks who are not cops. I think he died because he was one of "them", the others, the people not privileged to carry a belt full of weapons. He died because of a mindset that holds anyone not a cop is an enemy, a danger, a threat. When you threaten to extract an eye for every eye that is lost, no knock out a tooth for every tooth destroyed, a life for every life taken away you simply reinforce that mindset. If we start seeing cops get shot and killed in Champaign we will tell them that their assumption that we are all the enemy is true and there will be more funerals.

Three Score and Ten Plus One

Keith Hays

Since most of the postings within the thread discussions concerning the tragic results on Vine Street continue along the vein of "he said," "she said," I am reposting my previous post with hope that we can turn the postings to constructive suggestions as to how to mitigate the environment within the community.

Pattsi Petrie

"On October 14th, 2009 at 09:11 AM, pattsi said:

To Anonymous @ 8:10 A on 14 Oct 2009--indeed, one of the important tracks for this community right now, as you posted, is "what can we do to make our community better?" Unfortunately, you stopped there. What are your suggestions? How to turn this community around, including Unit 4? How to build or rebuild trust between the community and police department? How to offer ways and means for young adults of the community to engage productively in life? This lack has been prevelant for all of the years I have lived here--the teenagers are left to fend for themselves; yet we complain about them. I am interested in IP posters' thoughts and suggestions."

Suggestions:

1. Train the police better.
When any interaction results in dead civilians, a horrible mistake was made. The police need to be better trained for these situations.

2. Educate the public better.
There's a lot of ignorant stuff above. I'm less concerned about whether they are directly the result of racism or just pure ignorance. The idea that the police have a right to shoot dead someone reaching into their pocket shows a lack of understanding of the basic function of law enforcement. Law enforcement is not to protect "us" from "them" at any cost. They are to promote a safer society.

3. Build relationships between law enforcement and the community. Especially poor and minority youth. Historically, law enforcement has been atrocious to these groups. That's not in any way the fault of the majority of the current law enforcement, but repairing that relationship so they can do their jobs effectively is part of their job. A part that under the current Chief of Police, they have neglected. The rule we use is "never make the first contact a negative one". The police should be in these communities helping on a daily basis, so their first interaction with the neigborhood doesn't get heated and end with them shooting kids.

4. More transparency on the part of the police. A citizen's advisory board would be helpful. I hestitate to say a "review board" because that suggests a more reactive strategy. It is less helpful to punish the police after the fact than it is to advise them ahead of time. However, any neglect or dismissal of the board's expertise on community issues that results in negative outcomes should be severely dealt with.

5. Fire everyone at the top--make them reapply for their jobs. Include the public in the process. This is harsh, but this is a horrendous situation. While there may have been some explanation for the actual actions (I can't imagine what that would be), there is no excuse for the way it was handled after the fact. The police's job can never be to cover their own asses. It must be to serve and protect the community. Our mayor and police chief should step down immediately.

A fantastic post. I could not agree more!

"Suggestions:
1. Train the police better.
When any interaction results in dead civilians, a horrible mistake was made. The police need to be better trained for these situations.
2. Educate the public better.
There's a lot of ignorant stuff above. I'm less concerned about whether they are directly the result of racism or just pure ignorance. The idea that the police have a right to shoot dead someone reaching into their pocket shows a lack of understanding of the basic function of law enforcement. Law enforcement is not to protect "us" from "them" at any cost. They are to promote a safer society.
3. Build relationships between law enforcement and the community. Especially poor and minority youth. Historically, law enforcement has been atrocious to these groups. That's not in any way the fault of the majority of the current law enforcement, but repairing that relationship so they can do their jobs effectively is part of their job. A part that under the current Chief of Police, they have neglected. The rule we use is "never make the first contact a negative one". The police should be in these communities helping on a daily basis, so their first interaction with the neigborhood doesn't get heated and end with them shooting kids.
4. More transparency on the part of the police. A citizen's advisory board would be helpful. I hestitate to say a "review board" because that suggests a more reactive strategy. It is less helpful to punish the police after the fact than it is to advise them ahead of time. However, any neglect or dismissal of the board's expertise on community issues that results in negative outcomes should be severely dealt with.
5. Fire everyone at the top--make them reapply for their jobs. Include the public in the process. This is harsh, but this is a horrendous situation. While there may have been some explanation for the actual actions (I can't imagine what that would be), there is no excuse for the way it was handled after the fact. The police's job can never be to cover their own asses. It must be to serve and protect the community. Our mayor and police chief should step down immediately."

They turned the evidence over to the state police within 45 minutes. How is that covering their asses? It's being investigated. These things take time.  If the police said anything now, people would accuse them of being hasty and rushing to judgment.

And while you say that you can't imagine what excuse for this there could be, you neglect to mention the possiblity that Carrington was trying to grab the officer's gun from him. This possibility has been pointed out several times in this entry. So it would seem to indicate that you haven't read the comments here very thoroughly at all. Yet this does not prevent you from describing them as "ignorant" and "racist".  Lovely.

Try again, Anon 8:43:  Carrington and Manning were on their knees in the rain, being ordered to lie in the mud.  How do you know Carrington tried to grab a gun?  The gun would have been above his head.

Perhaps this might have had a better ending if there had been no need to humiliate these young men by ordering them to get their front sides covered in muck.

"Perhaps this might have had a better ending if there had been no need to humiliate these young men by ordering them to get their front sides covered in muck."

How about it. This total lack of respect for the populace they are paid to serve and protect is exactly why Champaign needs to start fresh and build a new department from the top down.

Glock21's picture

Being ordered to the ground, even if doing so might require doing laundry afterwards, is pretty standard police stuff no matter where you go. It has nothing to do with respect or lack thereof, nor is the procedure intended to humiliate. The middle step of being ordered to your knees prior to lying flat on the ground is necessary when you're attempting to keep a suspect's hands away from their body and any weapons that may be on it. If you were ordered to lie flat on the ground from a standing position with your hands in the air, most people would naturally move their hands close to their body in the process. Having a suspect drop to their knees first on the other hand allows the suspect to drop to an intermediate prostrate position when ordered to lie flat on the ground, a natural motion that keeps the hands away from the body along the way.

 

Not only does this help limit the risk to officers if a suspect is actually armed, it also helps limit the risk to suspects by keeping their motions controlled and avoid motions that could be mistaken for something potentially hostile. To suggest that suspects are validated in resisting this common and arguably necessary order, literally risking their lives in the process, to avoid laundry or out of some false conspiracies of the procedure being little more than a humiliation / power-trip, is just irresponsible.

 

That said, resistance alone doesn't justify lethal force and I still haven't heard any details on whether the shooting was intentional or accidental, and whether those and other unknown details would support criminal charges against the officer in either case. I think there's still a good chance the facts may come out against the officer involved, but the typical procedure of ordering a suspect to the ground isn't some damning evidence. And demanding an end of that procedure will just put the lives of both officers and citizens alike in greater jeopardy.

 

--

Glock21 Op/Ed

And while you say that you can't imagine what excuse for this there could be, you neglect to mention the possiblity that Carrington was trying to grab the officer's gun from him. This possibility has been pointed out several times in this entry. So it would seem to indicate that you haven't read the comments here very thoroughly at all. Yet this does not prevent you from describing them as "ignorant" and "racist".  Lovely.

You are having trouble with reading comprehension and the use of pronouns. Try reading again.

'How do you know Carrington tried to grab a gun?" 

Well, I don't know that.  I never said I did.  I just said it was a possibility that, if true, would certainly tend to be exonerating evidence for the police.

Where did you hear that they were on their knees?  Is that in a news report I missed?

"Try reading again."

OK, I did.  I still didn't see where you dealt with the issue of a struggle over a gun.  I also don't know which comments you consider to be "racist", either.

Incidentally, what difference does it make if they really were on their knees, and the gun was above Carrington's head?  Was Carrington unable to raise his arms above his head, for some reason?  I doubt that Norbits was tall enough that a gun in his holster would have been out of reach, just because Carrington was on his knees.

That said, this whole discussion is pretty pointless, at this point.  Nobody really knows what happened, so this is all speculation.

Keith_Hays's picture

Nobody really knows what happened, so this is all speculation.

Three somebodies know what happened.  Officer Norbits, Chief Finney, and the surviving 15 year old.  It has been 10 days since the shot was fired. 

The boys have been called thugs, burglars, speculations that turned out to be just that, idle speculation.

Could Kiwane Carrington have reached for the officer's gun?  Could he have been carrying an AK47?

Could he have been brandishing a knife?  a screwdriver? 

The fact  is that a boy was shot and killed 10 days ago and the policeman who pulled the trigger is silent as to his justification for doing so. 

That much is not speculation. 

 

Three Score and Ten Plus One

Keith Hays

IlliniPundit's picture

"The boys have been called thugs, burglars, speculations that turned out to be just that, idle speculation."

And so have the police.

The police have been called burglars for good reason. Convictions make good reasons.

Read your Champaign history.

IlliniPundit's picture

Hey, I'm not a blind defender of the police - I'm the libertarian on here, remember? 

But I do think it's silly to complain about people using idle speculation to criticize the boys involved in this situation, while the same people are simultaneously using idle speculation to say whatever they want about the police.

redstatewannabe's picture

some people have also called (that might be a little strong) for violence against police officers

and I heard on Penny this morning something about a city park dept vehicle being destroyed by "angry youths"

Keith_Hays's picture

But I do think it's silly to complain about people using idle speculation to criticize the boys involved in this situation, while the same people are simultaneously using idle speculation to say whatever they want about the police.

I have not speculated about what Officer Norbits may or may not have done. I have not speculated as to whether or not he was justified in firing his weapon. I have said that having fired the shot the burden is on him to justify doing so, not because I am "anti-police' but because that is the law. I have posted the statutes in question that the reader can reach a reasoned judgment when the facts are known. I have attempted to synthesize the various press accounts and labeled it "what we THINK we know"

Yes, I deplore the mind set that negates the boy's humanity and says he deserved what he got when he did not follow police orders to get on the ground. Yes, I deplore that a youngster's life has been wasted whether or not the policeman had lawful justification for firing the shot.

Three Score and Ten Plus One

Keith Hays

"But I do think it's silly to complain about people using idle speculation to criticize the boys involved in this situation, while the same people are simultaneously using idle speculation to say whatever they want about the police." The two things are in no way equivalent. You are talking about minors who were merely returning to a house as opposed to trained officers of the law whose choice of profession puts them in both the public eye and service. Looking for reasons to justify why an unarmed kid should have been shot is very different than asking why a paid public servant shot an unarmed kid to death.

The fact is that a boy was shot and killed 10 days ago and the policeman who pulled the trigger is silent as to his justification for doing so.
That much is not speculation.

Once again, Keith, you are showing your ass. If you know so much about everything, you should know that the officer would have been interviewed extensively about this incident. Just because you don't know what he said and it hasn't been posted all over a community blog doesn't mean it didn't happen. Why in the hell would he want to come out in the public and make statements about this incident? So people like you could come after him with pitchforks and torches?

A child is dead. The child was unarmed. The chief of police was present when he was killed.

That is all you need to know to know that the police department has some big problems.

mjerryfuerst's picture

A child is dead. The child was unarmed. The chief of police was present when he was killed. 
That is all you need to know to know that the police department has some big problems.

Beyond the likely financial liability and a very, very skeptical black community, what "big problems" does this tragedy indicate the police department has ?

Michael Fuerst             

Go here for Urbana postage stamps, T-shirts and bumper stickers:
      http://bozourbana.org/wordpress/?page_id=3

" what "big problems" does this tragedy indicate the police department has ?"

a very bad leader/manager.

IlliniPundit's picture

"The two things are in no way equivalent. You are talking about minors who were merely returning to a house as opposed to trained officers of the law whose choice of profession puts them in both the public eye and service. Looking for reasons to justify why an unarmed kid should have been shot is very different than asking why a paid public servant shot an unarmed kid to death."
I'm not asserting an equivalency.  I'm commenting on the discussion technique being used by some people.  Asking questions isn't the same as drawing conclusions, which is what overzealous people are doing regardless of perspective even though very few facts are knows.

"The fact is that a boy was shot and killed 10 days ago and the policeman who pulled the trigger is silent as to his justification for doing so.
That much is not speculation. "

The policeman who pulled the trigger has been publicly silent, but as far as anyone knows is fully cooperating in the official investigation into the incident.  That is not exactly "silence," and that much is not speculation.

"A child is dead. The child was unarmed. The chief of police was present when he was killed.

That is all you need to know to know that the police department has some big problems."

Actually, I'd like to know a little more before reaching that conclusion, although I have not ruled out reaching that conclusion once I actually know a little bit more about what happened.  I wish others would do the same.

The "others" that you condescend to are many of the same ones who DID know more than you and the other members of your blog community--many of whom are not nearly as reserved or graceful as you are.

Our approaches may be different because you are more prudent, but they also may be different because the facts that you are currently dismissing as unconfirmed have been confirmed within the community. That's why people around here were justifying the killing because the kids were burglars while those paying attention already knew about the homeowners' stance on the issue.

No one is infallible--it's possible that more information will come out that supports the officers. It's also possible that the investigation will fabricate evidence to justify the killing. It shouldn't be too surprising if, based on historical experience and the knowledge of patronage and systems of power, many people from the community affected are not too quick to buy the official investigation.

It is colossally strange, however, that people are more interested in waiting for the official story than actually communicating in the community and treating those from the other side of the tracks with respect.

IlliniPundit's picture

"The "others" that you condescend to are many of the same ones who DID know more than you and the other members of your blog community--many of whom are not nearly as reserved or graceful as you are.

Our approaches may be different because you are more prudent, but they also may be different because the facts that you are currently dismissing as unconfirmed have been confirmed within the community."

Thanks, I think.  I've also "confirmed" quite a bit more than has appeared in the papers, but out of deference to a delicate, emotionally charged situation, I want to see the official report before commenting on things that people may or may not believe to be true without (or in spite of) official verification.

"No one is infallible--it's possible that more information will come out that supports the officers. It's also possible that the investigation will fabricate evidence to justify the killing. It shouldn't be too surprising if, based on historical experience and the knowledge of patronage and systems of power, many people from the community affected are not too quick to buy the official investigation."

That would be a shame, absent some evidence that the official investigation is omitting or in error on something.  My fear is that some people with an agenda are pushing "facts" now, prior to the investigation report, so that later efforts to delegitimize the official report will be easier.  I want to see the official report and compare it to information "in the community," as you so aptly put it, and then gauge all of the information in context.  I still think the official report will be comprehensive, and I hope everyone gives it a chance.

"It is colossally strange, however, that people are more interested in waiting for the official story than actually communicating in the community and treating those from the other side of the tracks with respect."

I think the most respectful thing that can be done is to find out the truth and make sure nothing like this ever happens again.  I think using this situation to drive an agenda (in either direction) regardless of the facts is about as disrespectful as one can be.

I think the most respectful thing that can be done is to find out the truth and make sure nothing like this ever happens again.  I think using this situation to drive an agenda (in either direction) regardless of the facts is about as disrespectful as one can be.

What if that agenda is to make sure it never happens again? How has the "official" side been about ensuring it never happens again in the past? Do you not believe in the "Blue Code of Silence"?

I have no problem with you waiting on the official report. I have two concerns:

1. You should respect those who don't believe in your approach if they have good reason and are responsible with their analysis of the facts. Your approach is not the only right way of conducting oneself and your suspicion that those who use a different approach are only doing so to "drive their agenda" is blatantly hypocritical. It's really no different than assuming that you are holding back now so you can justify the past, present and future killings of minority youth--that would be unfair to you, so be fair to others.

2. You shouldn't privilege the "official version" over other versions. If facts were gathered in a proper fashion, the community version is likely to be more accurate in most cases. The community "agenda" as you call it, it much more likely to be about preventing the death of children than about political gain, protecting people's jobs, or maintaining the status quo than an official version.

What if that agenda is to make sure it never happens again? How has the "official" side been about ensuring it never happens again in the past? Do you not believe in the "Blue Code of Silence"?

 

For this to "never happen again" would require that the young man actually submit to the arrest, rather than fighting it. Dont fight then you wont get hurt. A fairly simple logic dont you agree?

Comments moved to Shooting Discussion thread.  Pattsi Petrie

i watched a good bit of the meeting, maybe three hours, to see whether any of the anonymous people here who are so keen to anonymously blame Kwane's death on Kwane himself would have the guts to say so in public.

Nope. Not one.

Telling.

On October 21st, 2009 at 08:58 AM, Anonymous (not verified) said:

i watched a good bit of the meeting, maybe three hours, to see whether any of the anonymous people here who are so keen to anonymously blame Kwane's death on Kwane himself would have the guts to say so in public.

Nope. Not one.

Telling.

 

I went to a Boy Scout meeting.  That was a more productive use of my time I believe.

And I was at work.

i watched a good bit of the meeting, maybe three hours, to see whether any of the anonymous people here who are so keen to anonymously blame Kwane's death on Kwane himself would have the guts to say so in public.

I bet those people know how to spell his name correctly

It seems like there'd be some self-selection going on - the folks who'd already made up their minds being more likely to show up to the meeting than the ones who were still waiting for the investigation results.

I'm always amazed at how many people become overnight experts on law enforcement whenever there is a controversial issue involving a local law enforcement agency.  Yes, Police Officers, Deputy Sheriff's, State Troopers, etc. are public employees, but that does not mean the public is a police training, retention, use of force, firearms, etc. expert.  I, for one, have no idea how to re-wire a house.  Therefore, I wouldn't attempt to explain to an electrician how to go about doing it.  I don't know how to install a shower faucet, so I wouldn't come on a public forum and berate a plumber because he "did it wrong".  There are so many incorrect "facts" about police work on here that I can't respond to all of the "experts".  Here are a few simple truths from someone who has worn a badge for a little while.

1.  Law enforcement Officers WILL draw their firearms when responding to a forcible felony in progress with suspects present.  This is a common principle all across the country, not just in Champaign.

2.  Believe it or not, Police Officers can't always determine the age of suspects.  Walked through a high school lately?  There are some 6-0, 200 pound sixteen year olds with beards out there.

3.  Illinois state statutes state that a person DOES NOT have the right to resist arrest, even if the arrest turns out to be false or incorrect.  Don't believe it, look it up. (Google: Illinois State Compiled Statutes, and search "resist a peace officer").  By law, Officers are not required to retreat from a situation.  Nor are they required to be struck first before using force.  "Force" for law enforcement purposes is defined by verbal force, physical force ( hands-on, control holds, striking, etc), Less than lethal force (taser, OC spray, expandable or straight baton, bean bag rounds, etc)  and lethal force.

4.  I know it's hard to believe, but we tend not to know beforehand if people are armed.  "Excuse me Mr. Burglar, you don't happen to have a gun do you?  Oh, you do?  Well, please, please, don't pull it out and try to shoot me while my gun is still secured away in my holster"  Sorry if people don't like it, but we tend to confront possibly violent situations as if they are going to be just that.....violent.  We are going home at the end of the shift.

5.  We can only act off of the information we have.  Is the info sometimes incorrect, yes.  People call 911 and give info to a dispatcher, who gives it to us.  Do people calling 911 mistake things for what they are not?  VERY OFTEN.  It seems that every morning, we respond to a burglary in progress call .....a shifty vehicle, the driver ran up to the front door wearing dark clothing, etc.  Every morning, this turns out to be a newspaper delivery person.

6. Not surprisingly, the use of force policy that was read at the City Council meeting by a citizen was incomplete.  While reading the portion that says an Officer can shoot a fleeing felon, she casually "forgot" to read the rest of the paragraph that states "only if the person fleeing poses a threat of death or great bodily injury to the public".  Vehicle burglary is a felony.....these people run from us often, do we shoot them?  Nope.  If somebody enters a school and kills numerous kids, teachers, etc. and runs from us into your neighborhood, would he be shot by the police?  Maybe, even probably.  If we didn't, we'd catch hell from the public then too.  "The police didn't stop him, and he killed my next door neighbor, etc"

7.  Many are quick to say that CPD is covering this up, the report is taking too long to come out.  Folks, CPD does not have info to give out.  The involved Officers gave their statements ONLY to the Illinois State Police investigators.  Evidence was collected ONLY by ISP.  Just as if you make a police report with Urbana PD, Officers at CPD are not going to have any of the info in it.  This report/investigation was made to ISP.  If they rushed the investigation, people would assume they "covered it up" and didn't do a proper investigation.  If they take a month, they are dragging it out.  Give them a chance to do a thorough job.

8.  Someone at the Council meeting made a statement insinuating that this will be covered up because CPD Officers are trained by ISP.  Incorrect again.  CPD Officers DO NOT attend the ISP Police Academy in Springfield.  We are not trained in any fashion by ISP.  Do we conduct training WITH them on occasion?  Yep, as well as Urbana PD, UIPD, Sheriff's Deputies, Conservation Police, etc.

9. Obviously, several people that have posted on here were present at the scene at the time of the shooting.  They had to have been, because they know EXACTLY what happened.  If so, please come to the front desk of the police department and ask to speak with an Officer.  We will need to document some of your personal information so that we can have ISP include you as a witness in their final investigative report.  Oh, you don't want to do that?   Hmmmmm.

10.  I read a letter to the editor in the NG.  The writer wanted to know why the audio recording of the incident hadn't been released, because after all, CPD Officers wear recorders on their belts.  Ahhhh, another expert.  Yes, Officers DO wear recorders on their belts.  However, according to Illinois law, Illinois is a two party consent state when it comes to audio recordings.  Thus, BOTH parties have to consent to have a conversation recorded.  CPD Officers DO NOT  audio record conversations, events, fights, etc.  The only exception to this rule is traffic stops.  If you have been pulled over by a CPD Officer recently, you probably heard something similar to " I'm Officer so and so with CPD, this is being AUDIO and VIDEO recorded, the reason I stopped you is blah blah" and so on.  It is LEGAL to audio record a traffic stop (this protects the citizen and Officer), it is NOT legal to AUDIO record others, outside of a traffic stop,  without their knowledge, so NO, there is not a recording of the incident to be released.  Again, if you feel the need to verify this, Google Illinois State Compiled Statutes and search "two party consent recording"

11.  I haven't enough time nor energy to respond to all of the Police Experts on here.  To those who support law enforcement and what we do....THANK YOU.  We don't do it for money, gratitude, or pats on the back.  We do it because we care about the community in which we work, live, raise our kids, shop, etc.  We do it so decent people can sleep peacefully at night, knowing that we are out there watching their backs.  All of us that wear a badge for a living know that there are people who hate us solely because of what we do for a living.  And you know what....we don't care.  I gave up wanting everybody to like me long ago.  I know that the decent people out there appreciate us and what we do.  That's who I really work for.

OUTSTANDING.    While the rest of us are sleeping tonight, there are a dedicated group of men and women who go to work when we go to sleep so that we can sleep safely at night.

 

I personally am still waiting for a former Urbana Councilwoman to apologize for her erronious comments the other night.

Ish, you should thank yourself for being you. but if you come over to my house, please don't have a gun drawn

"2. Believe it or not, Police Officers can't always determine the age of suspects. Walked through a high school lately? There are some 6-0, 200 pound sixteen year olds with beards out there."

Kiwane Carrington was, by every comment I've heard and by his portrait as well, by no means 6'0" and by no means 200 pounds.

I deeply respect officers of the law and that they put their lives on the line. I appreciate the officer who chose to spend his time above and beyond his duty to post information here.

I do feel that there is a lack of understanding of why youth often resist the police. Whether or not it is legitimate to resist the police, there is some responsibility for law enforcement officers to understand children, at least enough that they can avoid killing them.

And I'm sorry, but in the same way that children's safety is more important than me going home to my family at the end of the day, I would expect the same from officers of the law. If that's not the case, then I think we need to reassess what being an officers of the law is all about.

Toldja So's picture

 Thank you Nighteyes.

9. Obviously, several people that have posted on here were present at the scene at the time of the shooting.  They had to have been, because they know EXACTLY what happened.  If so, please come to the front desk of the police department and ask to speak with an Officer.  We will need to document some of your personal information so that we can have ISP include you as a witness in their final investigative report.  Oh, you don't want to do that?   Hmmmmm.

This kind of snark is exactly what is wrong with the Champaign Police Department.  This post is absolutely unprofessional and represents a contempt for the citizens of this community that is really disturbing, if not surprising.

I work with young people every day, and I often have to interact with members of the community who may be irate about something.  The last thing I would ever do is mock or ridicule them for having a concern.  I might think they have lost their mind, and I might even tell my colleagues later that the the person is crazy, but I would never state something like that to their face or in a public forum.

Frankly, I really hope you are lying about being a cop.  It will make me sleep a lot safer at night knowing the police that guard my home are not on the maturity level of a juvenile whining to his parents. 

Toldja So's picture

 This kind of snark is exactly what is wrong with the Champaign Police Department.  This post is absolutely unprofessional and represents a contempt for the citizens of this community that is really disturbing, if not surprising.

How dare they.....how dare they...be human! Look back through these threads and you'll see cop bash after cop bash. I thought his response was very tame and civil considering the slanderours rants that have taken place against the police department based on speculation. This gentleman in merely pointing out what many are purporting as fact or first hand knowledge and using as a basis to pass judgement is all a bunch of hot air.

The last thing I would ever do is mock or ridicule them for having a concern.

Want to take a walk with me down memory lane A? "What's next?  Crazy liberals who protested because Bush flew over Katrina in a plane?  Gosh, they're just like those people who put Obama's face on the body of a monkey, aren't they?  Or how about those crazy anti-war protestors...."

Only took about 10 sec to find that one, care to walk a little futher back?

 

Only took about 10 sec to find that one, care to walk a little futher back?

This isn't my job and I don't represent myself on this blog as a representative of my place of employment.

And yes, Cops should be more than human.  They must exercise restraint even when civilians are in their face screaming and hollering.  It is called professionalism and it isn't an option, it is mandatory if you are going to put on a badge and go on patrol with deadly weapons.  If they don't want that responsibility then they should be an accountant or a volunteer coordinator at the Boys and Girls Club.  But we only give a select number of people handguns and the mandate to use them if necessary.  If those folks can't even control their snark on a local blog, when representing themselves as a cop, maybe they shouldn't be walking around with deadly force.

If the cop wanted to say his piece anonymously that is one thing.  Coming on here with that kind of attitude as a representative of the CPD is inexcusable.  Be a citizen and state your piece or be a professional and say nothing.  It says volumes about what is wrong with law enforcement in this community, imo.

Toldja So's picture

Is the pay we provide them in line with these requirements of super-human abilities? Do we respect and honor them for being super-human?

It is called professionalism and it isn't an option, Even when off duty? Even when their integrity, motives, and character are under attack they should not be permitted to vent as we mere mortals are?

Be a citizen and state your piece or be a professional and say nothing. Would that apply equally to all public servants? Hmmmm?

I smell a hippo!

Would that apply equally to all public servants? Hmmmm?

Of course.  If I post comments on here revealing my employment and then proceed to snarkily slam a community that is concerned about the way that my department is doing my job, that is unprofessional.

This seems to be a difficult point for you to grasp, so let me try again.  In a person's role as an employee of the government that person is held to a higher standard for personal conduct than most other organizations.  If I come on the blog under the psuedonym "A is for Anonymous" and post my private, citizen concerns with snark included it means nothing. 

But if I come on here and declare myself to be a cop and then proceed to hurl snark and insults at the community it is just unprofessional.  But more importantly, it is revealing about some of the people who work in the CPD.  Frankly, from what I have observed personally and through the comment above, some of these people are just too immature to be cops.  They take things personally and get mad about being criticized by the community.

Well, guess what?  You're a cop.  It comes with the territory.  Deal with it, or get a different job.  In the case of the guy above, I hope he gets a different job.  If he is that upset about criticism in the community over the killing of an unarmed 15 year old then he has no business on the streets.

Toldja So's picture

 And if you're uptight over a cop saying "Oh, you don't want to do that?   Hmmmmm." to the point you think he should get a different job for such an unacceptable utterance, perhaps you may need a pill, or two.

"How dare they.....how dare they...be human!"

If "being human" means being horribly unprofessional, I'm glad to be superhuman. Should police be paid more? Absolutely.

The point is that being professional as a public servant often in dangerous situations is the difference between life and death. I don't see why we as citizens should have to "take a pill". If you can't deescalate a situation because you don't have the standard professional skills prerequisite for your job, there should be no attacking people for questioning that.

Questioning that may have kept this child alive.

Toldja So's picture

 Questioning that may have kept this child alive.

Oopsie, maybe you took a few too many pills. What the posting officer said was very, very far from attacking, imo. Everyone releases stress in different ways, it's not something you can write protocol on. Expressing his point of view in a blog is also very, very far from a life or death situation, nor was it done in a horribly unprofessional manner. I would have much more concern about his professionalism if he exaggerated they way you have.

 

Politicalchemy's picture

"If so, please come to the front desk of the police department and ask to speak with an Officer.  We will need to document some of your personal information so that we can have ISP include you as a witness in their final investigative report.  Oh, you don't want to do that?   Hmmmmm."

Nighteyes made many points and I don't have time to dissect each one, but is there any way to interpret the above comment as anything but intimidating?  I understand the intent of the comment was to call out the many who have no bases to their accusations, but let's consider this literally:  If I lived in the neighborhood and actually did have some additional information that might be useful, would this comment encourage me to come forward? 

...and if you resort to the "if you have nothing to hide" argument, you're just helping me make the point.

Toldja So's picture

 I took the comment to mean those who are posting as if they hve information none of the rest of do, should share that information with authorities as part of their investigation. If they choose not to share or make official statements, perhaps they don't really have the knowledge they profess and are just spouting off unfounded accusations. I didn't for a moment consider it threatening in anyway. That was my take on the statement anyway.