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untanglingwebs
El Supremo
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Terry Bankert
9 hrs · Flint, MI
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WHY WAIT? What are the local #police use of deadly force policies. Then ask are they followed?
Note, I am not prejudging the police. As a former #Flint Municipal Ombudsman who investigated Police Brutality Claims I recommend the following as one of many approaches to citizen review of police use of deadly force .
Let's start a national discussion on police use of deadly force by demanding that every political jurisdiction with a police force examine it's own policy.
Go to the next meeting of your city council, county commission and legislative body that funds police departments and demand a review of deadly force policy.
What would happen in # Flint Michigan or anywhere else in America if a Darren Wilson like shooting of Michael Brown in #Ferguson Missouri happened here ? How do we keep our street from smoldering the next day whether the shooting was found justified or not?
It would be logical now for elected, appointed or anointed local leaders like City Councils Municipal Police), County Commissioners ( Sheriffs Departments) or State Legislators
( State Police), that care, to answer that question.
Just what is the Police Use of Deadly Force Policy?Locally how are these Killings handled? What should each community expect?
YOU Should ask what are the policies for police use of deadly force in your political jurisdiction? How to do that?
I suggest that a broad coalition in each jurisdiction be formed to evaluate those policies and make recommendations for change if needed. This same body would be at the ready for a non judicial review for the communities served of ANY police killing of one of its Citizens. Why wait for the protests? Why not act now? |
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Wed Nov 26, 2014 7:21 am |
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untanglingwebs
El Supremo
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Terry has an excellent position. The local FBI reviews cases of excessive force. Also Frances Gilcreast, AC Dumas and other NAACP leaders worked to address this issue and other police issues around 2008. There was a quiet federal agreement, I believe.
Williamson signed an agreement that he would not promote within the department without testing and that was announced at the NAACP offices. his was after th disastrous Citizens Service Bureau fiasco.
The Emergency Managers ignored the policy implemented then and promoted recklessly and we are embroiled in more expensive lawsuits. The city has pid off on numerous excessive force cases. I believe Marcus Mahan, the new special investigator, has a current federal case. |
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Wed Nov 26, 2014 7:30 am |
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untanglingwebs
El Supremo
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http://www.mlive.com/news/flint/index.ssf/2010/03/city_of_flint_could_pay_out_20.htm
lCity of Flint could pay out $200,000 settlement to family of woman fatally shot by police
Kristin Longley | klongley1@mlive.com By Kristin Longley | klongley1@mlive.com
on March 04, 2010 at 9:11 AM, updated March 04, 2010 at 9:27 AM
FLINT, Michigan — The city could pay a $200,000 settlement to the family of a woman who was shot and killed by Flint police in 2007 as she wielded a knife outside her mobile home.
The two officers were cleared in the shooting of 46-year-old Jo Ann Burgett, but her daughter sued the city and the officers, claiming the police were negligent and used excessive force.
At the time, the incident drew widespread attention from a divided crowd — those who said the police were justified and those who were outraged by the fatal shooting.
“We felt the officers acted inappropriately,” said attorney Joseph Ceglarek, who represented Burgett’s daughter, Crystal Burgett. “There were multiple other ways they could have handled the situation.”
Last month, a judge refused to dismiss the lawsuit and both sides agreed to settle, according to court records.
The Flint City Council moved the settlement payment forward at its Wednesday meeting. A final decision won't be made until the council meeting Monday.
According to court records, half of the $200,000 would go to the attorneys and the other half would be split between Burgett’s son and daughter.
“In light of (my clients’) economic situation, this was an offer by the city that they could not turn down,” Ceglarek said. “Do I think the amount of the resolution was justice served? No, I don’t.”
Farmington Hills attorney Daniel Klemptner, who represented the city, said taking police death cases to trial is expensive, and it made more sense financially to settle.
Keith Speer, president of the police officers union, said the settlement is in no way an indication of liability and that the officers did “exactly what they were supposed to do.”
“If anything, they probably let her get too close,” he said. “I don’t know if this is a case I would settle or not, that’s not my call. Sometimes it comes down to dollars and cents.”
The officers shot Burgett several times when she advanced toward them with a knife and refused orders to put it down at the Shady Acres mobile home park on Western Road.
The officers were called there for “neighbor trouble” and found Burgett in the middle of the street outside Lot 32 with an open buck knife in her hand and a broken beer bottle at her feet.
Officers repeatedly told her to put the knife down.
They opened fire on her when she got within five feet of them and reared back with the knife, a folding lock-back model with a 2.5-inch-long blade, according to Flint Journal files. She died at the scene.
After reviewing an investigation of the shooting, Genesee County Prosecutor David Leyton said he would not seek charges against the officers, saying their actions were lawful.
“All she had to do was put down the knife,” said Michael Edmunds, the attorney for Officers Miguel Vasquez and Kyle Brandon.
Edmunds said the officers’ union contracts protect them from having to pay settlement costs when the city decides to settle a case.
Shady Acres resident Julie A. Jones, 78, said she never took a position, but remembers the confrontation and the resulting uproar from the community.
“There was a lot, a lot of controversy here,” said Jones, who has lived in the park for 30 years. “There were a lot of people who were incensed about the whole thing.” |
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Wed Nov 26, 2014 7:36 am |
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untanglingwebs
El Supremo
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Prosecutor reviewing police inquiry into fatal shooting
Julie Morrison | Flint Journal By Julie Morrison | Flint Journal
Posted on December 20, 2007 at 10:00 PM, updated December 20, 2007 at 10:07 PM
FLINT -- Eight months after Flint police shot and killed a knife-wielding woman in a trailer park, the Genesee County Prosecutor's office this week received the results of a police inquiry into the shooting.
Genesee County Prosecutor David S. Leyton is reviewing the case but has not set a timeline for a decision.
Jo Ann Burgett, 46, died April 20 after she was shot several times outside her home at the Shady Acres mobile home park on Western Road.
Police said officers opened fire on her after she advanced toward them with a knife and refused orders to put it down.
While police officers have maintained the shooting was self defense, it drew harsh words from some.
Flint City Councilwoman Carolyn Sims has called it a "senseless murder."
The two officers involved in the shooting spent several months on administrative duty but are now back on regular patrols.
"We did what we thought was in the best interest of the community," said Acting Flint Police Chief Gary Hagler.
Hagler attributed the length of the probe to forensic testing issues and the joint nature of the investigation conducted by Flint and state police.
"It's a very extensive and thorough report," said Hagler, who declined comment on the findings.
Flint police union president Keith Speer believes the shooting will be ruled justified.
"We welcome an in-depth investigation," said Speer.
But one city official questioned why Flint police investigated a shooting involving its officers.
"The Flint Police Department should not investigate their own," said Flint Ombudsman Brenda Purifoy, a former Flint police officer.
Sims, who is now city council president, could not be reached for comment Thursday.
Purifoy said her office received no complaints about the shooting and has no plans to conduct its own inquiry.
Burgett's family could not be reached for comment. |
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Wed Nov 26, 2014 7:43 am |
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untanglingwebs
El Supremo
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Should police departments investigate issues that arise within their own departments?
The Genesee County Sheriff Department was recently criticized for conducting their own internal investigations. Perhaps Bankert should enlarge his suggested parameters? |
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Wed Nov 26, 2014 7:46 am |
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untanglingwebs
El Supremo
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Terry Bankert
6 mins · Flint, MI
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WHY WAIT FOR CHAOS?
What should responsible Citizens in the future do to voice their suspicion of Police Deadly Force Policy?
Beyond the Protest on the street take demand for accountability to the City Council Chambers ( or it's equilavent depending on the police force.
1. Demand that there be a written policy statement on the use of deadly force for each police department.
2. Demand to know what it is.
3. Demand that is used with a factually specific report to the legislative body overseeing the department whenever police kill a citizen.
4. Demand an annual public hearing on that policy.
What can a Police Department do to assure Citizens that it has an effective policy and training on proper Use of Deadly Force the it enforces?
Draft11/29/14 10:30 am
WHY WAIT?Here is what you can do now. ASK what are your local #police use of deadly force policies .Petition your elected officials to publicly review those policies and working with the police change them where necessary. Then demand they are followed?
Note, I am not prejudging the police. Here I am looking at future Police Killing of our Citizens. I presume there are situations when Police use of deadly force is justified. Do you know what those situations are?
In Flints New Flint City Charter could be a requirement of an annual review of the Flint Police Department promulgated policy on Use Of Deady Force.
As a former #Flint Municipal Ombudsman who investigated Police Brutality Claims I recommend the following as one of many approaches to citizen review of police use of deadly force .
Let's start a national discussion on police use of deadly force by demanding that every political jurisdiction with a police force examine it's own policy. Go to your next City Council or similar meeting and ask what the policy is?
You desire that a Ferguson Missouri
like event if it happens in your locality has a well written policy that you can measure police action by.
Go to the next meeting of your city council, county commission and legislative body that funds police departments and demand a review of deadly force policy.
What would happen in # Flint Michigan or anywhere else in America if a Darren Wilson like shooting of Michael Brown in #Ferguson Missouri happened here ? How do we keep our street from smoldering the next day whether the shooting was found justified or not?
It would be logical now for elected, appointed or anointed local leaders like City Councils Municipal Police), County Commissioners ( Sheriffs Departments) or State Legislators
( State Police), that care, to answer that question.
Just what is the Police Use of Deadly Force Policy?Locally how are these Killings handled? What should each community expect?
YOU Should ask what are the policies for police use of deadly force in your political jurisdiction? How to do that?
I suggest that a broad coalition in each jurisdiction be formed to evaluate those policies and make recommendations for change if needed.
This same body would be at the ready for a non judicial review for the communities served of ANY police killing of one of its Citizens.
Why wait for the protests?
Why not act now? |
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Fri Nov 28, 2014 10:59 am |
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