Jun 192017
 
Owen Courrèges

Owen Courrèges

Not guilty.“

The words cut deep in the black community. On Friday, Officer Jeronimo Yanez, a policeman in St. Anthony, Minnesota, was acquitted of second-degree manslaughter in the shooting death of Philando Castile.

Castile was an average Joe. He worked as a cafeteria supervisor at a magnet school in St. Paul, beloved by students and parents alike. Like many law-abiding citizens, he had a concealed-carry permit and carried a handgun for his own protection. Although he’d been stopped routinely by police in the past, he had no significant criminal record.

On July 6, 2016, Castile, along with his girlfriend and her four-year-old daughter, was stopped for a broken taillight violation by Officer Yanez. Yanez approached Castile’s vehicle on the driver’s side. Within less than a minute, backup arrived. Officer Joseph Kauser approached on the passenger side.

As is routine, Yanez asked for Castile’s driver’s license and proof of insurance. After searching for about ten seconds, Castile produced his proof of insurance card. A few seconds later, Castile notified Yanez that he was armed, as he was legally required to do as a concealed carry holder.

Yanez placed his hand on his sidearm and then responded: “Okay, don’t reach for it then.”

What happened next occurred within seconds. It is unclear exactly what Castile said next, but he appeared to indicate that he was just reaching for his driver’s license as ordered. It is undisputed that Castile never reached for his firearm. Nevertheless, Yanez interrupted Castile, saying: “Don’t pull it out.” His girlfriend even told the officer: “He’s not pulling it out.”

Yanez then screamed: “DON’T PULL IT OUT!” He simultaneously drew his weapon and fired seven shots at Castile, striking him fatally in the gut. The young child in the back seat observed the events, presumably traumatized.

Castile then uttered his last words. “I wasn’t reaching for it.” He died soon after.

Yanez had no real defense except the tendency of juries to defer to police when they claim to feel subjectively threatened, even if that supposed threat has very little basis. The basic claim made by Yanez is that even though he had specifically requested that Castile reach for his driver’s license, the moment Castile announced that he was armed he’d signed his own death warrant if he made any movement whatsoever.

The fact that Castile notified Yanez that he was armed should have put Officer Yanez at ease. Were Castile planning to pull a gun, he presumably wouldn’t have announced it. Moreover, he was stopped for a broken taillight; there was no indication he was a dangerous criminal.

Moreover, Castile was simply following Yanez’s order. He was supposed to pull out his license. How could he do so without reaching for his wallet?

Castile’s killing occurred in Minnesota, of course, and not in New Orleans. However, it has resonance here. If police can blow a citizen away in a panicked fashion without repercussions, we’re all in danger. There should be consequences for this type of misconduct.

After all, has anyone forgotten how NOPD Officer David Warren shot Henry Glover with a .223 rifle outside an Algiers strip mall during the aftermath of Hurricane Katrina? Warren never gave any reasonable explanation for why he was so threatened by a citizen (who was approaching at a distance) that he felt the need to fire without warning. Warren was tried and convicted, but that conviction was overturned because he was improperly tried simultaneously with an officer who covered up what he’d done. On retrial, facing a more favorable jury pool, he walked.

In cases where no suspect actually dies, there’s normally no discipline at all. In 2013, plainclothes Louisiana State Troopers ran up on two young men suspected of violating curfew and slammed one into the pavement and the other against a wall. The State Police backed the Troopers, despite a video that clearly showed no justification for the immediate use of physical force.

These types of incidents have become all too routine. Most of the time, they don’t even make the news.

The most frightening aspect of the Castile shooting for me is that it could happen anywhere and to anyone. Although young black males are at the highest risk, police misconduct can and does happen to persons of all ages and all races.

For many, the Castile shooting is a vindication of “Black Lives Matter.” However, it should be read as an example of why “Police Accountability Matters.” Castile had a concealed carry permit. He announced that he was carrying. He was still shot without justification. This should be a major concern for gun rights advocates and civil liberties activists alike.

New Orleans has a problem with crime, and part of that problem originates with a breakdown in trust between police and citizens. The Castile shooting has highlighted that divide. We can do better; we can achieve true accountability.

Owen Courrèges, a New Orleans attorney and resident of the Garden District, offers his opinions for UptownMessenger.com on Mondays. He has previously written for the Reason Public Policy Foundation.

  • Kimberlee

    For once, I agree with everything you have said Owen. I would also add that the lack of police accountability puts other officers at risk as well. A healthy, civil society depends on having law enforcement that the public can trust. When that fails, it depends upon a judicial system that the public can trust. I wish that the police union and good police officers nationwide would speak out about this! I know they have a code and it’s a fraternal order and all that, where they’re not going to speak out against each other, but for the public good and safety of everyone, I wish they would.

  • Deux amours

    Accountability does not require a criminal charge and conviction for every lethal police error. Of course the guy was held accountable, and got a clean audit from the forensic accountants.

    • Owen Courrèges

      Deux,

      I think accountability does require criminal accountability in extreme cases, and we’re not even getting that. This was a fairly extreme and obvious case of lethal misconduct.

      Regardless, internal discipline is lacking as well.

      • Deux amours

        You are complaining about the result. not our system for holding an errant cop accountable. In America, our system for holding people criminally accountable is trial by jury. Do you propose something different? As for internal discipline., the guy lost his job.

        I found your column disappointing because you should not reinforce the naive notion that every mistake, especially when lethal, by a policeman is a crime. I don’t think a criminal thought ever entered the cop’s mind. The jury of his peers agreed.

  • Turlet

    Yanez said “Okay, don’t reach for it, then.” Castile responded: “I’m… I’m … [inaudible] reaching…,” before being again interrupted by Yanez, who said “Don’t pull it out.” Castile responded, “I’m not pulling it out,” and Reynolds said, “He’s not pulling it out.”

    The fact that Castile had been pulled over 52 times demonstrates an extremely careless lifestyle. Think about how many rules you would have to disobey for this to happen. Now, you take this same careless attitude with a police officer, while you are armed. This is the part where you become an attentive statue. Instead, he didn’t listen and he died, which is unfortunate. Neither one of them committed a crime, unless we include the broken tail light.

  • LGD Resident

    Police in this country are trained to fear and kill dark skinned minorities. It’s built into the Academy traching methodology. The criminal court system is designed to allow agents of the state to kill with impunity through the use of semantic gamesmanship and the lawyers are the tools used to serve up injustice.

    • Turlet

      You are vaguely blaming “the system” rather than citing any specific examples of racism. The police should be trained to specifically target the black community because that is where the majority of crime is. However, this is unfortunately not being done due to leftist insanity, which you exemplify.