Sometimes I think the answer is “never, unless the victim of the shooting is white.” The idea is that white police should err on the side of their own martyrdom if the victim is black.
There is no question that police sometimes act rashly and wrongly, killing people (black or white) who are not threats to them and whose actions have not justified the use of deadly force by the officer. When it has been determined that this has happened, the officer should be penalized severely.
But when a white officer kills a black person, the automatic and immediate assumption these days (without waiting for an investigation) seems to be that the white officer is guilty and the black person is innocent. Innocent, that is, no matter what the evidence is that the dead person had just committed a crime, or had assaulted the officer. And the white officer is guilty of a hate crime no matter if his/her prior record regarding racial matters has been exemplary, and there is not a scintilla of evidence of that person’s having harbored racist thoughts and certainly not of ever acting on them.
Evidence, you say? What’s reliable evidence? The distrust of the police among many people in many communities, especially black communities but not limited to them, is that evidence is routinely manufactured by the police. This came to awareness especially during the O.J. Simpson trial, when many black members of the jury, as well as much of the black public, discounted evidence in the trial because they believed that O.J. was being framed. Sometimes, of course, it is even true; but how often?
This type of thinking was also brought home to me in connection with the Martin/Zimmerman case, when I read comments to the effect that George Zimmerman (who was a quasi-security-officer rather than a policeman, not white but a “white Hispanic”) had faked his head injuries by banging his own head on the pavement after killing Trayvon Martin.
If people believe that sort of thing, there is no evidence that would convince them of that person’s innocence. Each fact can be explained or rationalized away, if the will to do so is strong enough.
So if it turns out in the Michael Brown case that stories such as this one are true, and Darren Wilson suffered serious facial injuries at the hands of Michael Brown before shooting him, it will not convince those who think Wilson guilty of murder that the killing of Brown was a justified use of deadly force. The arguments will kick in again: Wilson faked his own injuries, the police are lying about the injuries, and/or Wilson shouldn’t have shot Brown despite the injuries but should have fought it out with fists like a man (despite the size disparity or the fact that Brown might have been going after his gun).
The Missouri law (and laws of many other states) on police use of deadly force is pretty clear, however: officers are allowed to use deadly force in subduing an unarmed person under certain circumstances.
Here are the relevant portions of the Missouri statute:
A law enforcement officer in effecting an arrest or in preventing an escape from custody is justified in using deadly force only…
(2) When he reasonably believes that such use of deadly force is immediately necessary to effect the arrest and also reasonably believes that the person to be arrested
(a) Has committed or attempted to commit a felony; or
(b) Is attempting to escape by use of a deadly weapon; or
(c) May otherwise endanger life or inflict serious physical injury unless arrested without delay.
Another way to put it, based on SCOTUS rulings, is that “police officers are allowed to use deadly force against a fleeing felon only if they have reason to believe the felon is dangerous.”
We don’t yet have enough facts about the Brown-Wilson confrontation to know whether their interaction justified Wilson’s use of deadly force under this statute. But there’s no question that it may indeed have been justified under it by Brown’s purported assault on Wilson causing facial injury (a felony), his alleged (and almost successful) attempt to get his weapon, and his supposed run towards the officer in the face of warnings. These acts would be indicative of his continued dangerousness. And if Brown indeed was coming towards Wilson with aggressive intent during his final run, he wasn’t “a fleeing felon” at all, he was in the midst of an intended assault on Wilson.
But my guess is that even if all of those things ultimately are proven, the protestors still will consider Brown an innocent and Wilson a guilty racist. There’s also little doubt in my mind that if both men had been white, the incident would have received some local coverage and not much else. I’m also fairly sure that both men might have been white under a similar scenario, because it is hardly unheard of for white men to commit robberies and resist arrest, or for white police to kill white suspects in shootings that are later disputed.
[ADDENDUM: Here’s a poll that indicates racial differences in the trust people place in police investigations of incidents such as the Brown killing:
The poll also finds that blacks have little confidence in the investigations into the shooting.
Seventy-six percent of blacks say they are not confident in the investigations, with 18 percent expressing confidence in the probes.
Fifty-two percent of whites, though, have confidence, with 33 percent saying they have little or none.
Not really a high level of trust in the police investigations for either race, is it?]
[ADDENDUM II: Then there are situations such as this this just-breaking story, which appears to be a case of “suicide by cop” in nearby St. Louis. Neither the race of the man who was killed nor the police who shot him has been announced yet. If it never is announced, I would guess they are either all black or all white.]