The United States Constitution, as Seattle police officers
pretend to understand it, extends to police an unqualified right to the
discretionary use of aggressive force, and prohibits “second-guessing” by those
who are not members of the State's coercive caste.
Inhibiting the exercise of that entitlement, the
officers claim in a lawsuit filed against the U.S. Justice Department and the City
of Seattle, would be a “violation of the Second, Fourth, Fifth, and
Fourteenth Amendments of the Constitution.”
In 2012, after a Justice Department investigation concluded
that Seattle police officers routinely use unnecessary force, the City of Seattle
implemented a new use-of-force policy and agreed to the creation of an
independent police monitor. The current lawsuit, which was filed on behalf of
more than 100 Seattle cops, complains that those trivial and inadequate restrictions
created “vaguely defined, newly protected classes of suspects” and violate the
officers' supposed “right not to be required to take unnecessary risks.”
An “unnecessary” risk, on this construction, would occur any
time a police officer is required to use “significantly less force than is
being threatened against them by suspects … [who] appear to be or are
engaged in threatening and dangerous conduct.” (Emphasis added.) Police are
trained to believe that they put their lives at risk in every encounter with a citizen, and to
regard any gesture of non-compliance as an immediate and impermissible risk to
that most sacred of all considerations, “officer safety.”
At present, in most of the country a police officer who
brutalizes or kills somebody without moral justification can take refuge in the
“totality of circumstances” test. In practice, this is nothing less than an
unalloyed entitlement to kill first, and devise a suitable rationale after the
fact.
Seattle's new use-of-force guidelines, the police lawsuit
objects, require officers – who,
as a class, are selected on the basis of limited intellectual agility – “to
engage in mental gymnastics wholly unreasonable in the light of the dangerous
and evolving circumstances we face every day. This creates unnecessary and, therefore,
unconstitutional risks to Plaintiffs' safety.”
Just as unconscionable, from the cops' perspective, is the
fact that their violent actions would be subject to what they call “the very
second-guessing prohibited by the Constitution” – that is, their actions would
be scrutinized by people who are not part of their privileged class. This
distant possibility of accountability “places unconstitutional risks and
burdens on the Plaintiffs' lives and livelihood,” pouts the civil complaint.
Those unacceptable risks can be avoided, of course, if
police officers unwilling to deal with the modest dangers associated with that
vocation would pursue other employment. The vexatious and complicated
conditions imposed by official “use-of-force” guidelines would be unnecessary
if police officers were subject to the same non-aggression standard that
applies to everybody else. But extracting aggressive violence from law
enforcement would be as futile as attempting to dehydrate water.
The use-of-force approach preferred by the Seattle police
plaintiffs was displayed in the August 30, 2010 murder of John T. Williams on a
street corner by Officer Ian Birk.
Williams, a partially deaf, 50-year-old
alcoholic woodcarver who suffered from psychological problems, was shot four
times by Birk within a few seconds of the encounter.
Birk claimed that he had been "threatened" by Williams, who was carrying two small, closed knives at the time of the incident. The autopsy, however, documented that Williams wasn't facing Birk when he was shot: The officer approached him from behind and to the right, and Williams was shot in the right side of his body from an estimated distance of about ten feet. In addition to being partially deaf, Williams was wearing headphones at the time he was killed.
The victim’s non-cooperation, which was interpreted by Birk
as hostility, most likely meant that he never heard the demand to drop his carving
knife. Since the knives were legal under Seattle’s municipal code, Birk’s
demand was not a “lawful order” in any sense.
In his
testimony, Birk mentioned that he and other police are taught the "21-foot
rule," which dictates that a knife-wielding subject should be considered a
lethal threat within the prescribed distance. Williams was carrying two small
knives, but he wasn’t “wielding” them.
Rather than moving aggressively toward Birk, Williams was walking away
from the officer: Birk said under oath that "I motioned for him to come
over and talk to me. He walked away.”
During the January 2011 inquest into the shooting, Birk
stated that he gunned down John T. Williams on a Seattle street corner because
he didn't like the way the 50-year-old chronic alcoholic looked at him.
"He had a very stern, very serious, very
confrontational look on his face," Birk testified during the inquest. “His
brow was furrowed.... His jaws were set.”
Birk’s description of Williams as displaying a countenance like
that of the legendary Celtic warrior Cu Chulain (whose “eyes were dark, his
expression sullen”) wasn’t confirmed by any of the several non-police
eyewitnesses.
Although Birk and his defenders invoked the “reasonable officer”
standard to justify the killing, no reasonable person would have considered
Williams a threat to Birk. We know this because there were several reasonable
people who witnessed the incident, none of whom perceived the pathetic man to
pose a risk to anybody. This is because none of them had ben indoctrinated to
perceive even a momentary lack of cooperation by a Mundane as a
"pre-attack indicator," or marinated in the conceit that officer
safety always and everywhere trumps every other moral or practical
consideration.
“Why did you shoot
him? He wasn’t doing anything!” exclaimed one woman after Birk killed Williams.
It took just seconds for Birk to escalate an incidental
encounter to the point of homicide. His reflexive reaction was to kill someone
who was demonstrably harmless – and the programmed response of the first fellow
officer on the scene was to commend Birk for doing so. Officer William Collins,
who arrived in response to Birk’s “shots fired” report, told him, seconds after
the killing, that he had done a "good job." All that Collins knew at
the time was that a fellow member of the punitive caste had just killed a
Mundane -- and that's all he needed to know. No “second-guessing” would be
necessary, or allowed.
During the January shooting inquest, Seattle police brutality lawyer Tim Ford asked Collins if a closed knife constitutes a threat to "officer safety." A closed knife is "a major threat," Collins insisted, "just as big as an open knife.... It's extremely dangerous, and you have to treat the person with utmost caution.... [I]f you don't drop it, you may be shot" -- even if it is closed at the time, the officer maintained.
During the January shooting inquest, Seattle police brutality lawyer Tim Ford asked Collins if a closed knife constitutes a threat to "officer safety." A closed knife is "a major threat," Collins insisted, "just as big as an open knife.... It's extremely dangerous, and you have to treat the person with utmost caution.... [I]f you don't drop it, you may be shot" -- even if it is closed at the time, the officer maintained.
“We don't get paid enough to be hurt,” simpered Collins on
the witness stand.
Detective Jeff Mudd, who also testified at the inquest, also applauded Birk's decision: "We're trained to shoot people who pose a threat to us."
Detective Jeff Mudd, who also testified at the inquest, also applauded Birk's decision: "We're trained to shoot people who pose a threat to us."
The alleged “threat” posed by Williams consisted of a dirty
look the decrepit old alcoholic had supposedly given a young, healthy, but lethally craven police officer.
Birk
resigned after the Seattle PD’s firearms review board ruled that the
killing of Williams was “unjustified and out of policy.” Police
Chief John Diaz referred to Birk’s actions as unjustified and “egregious.” Therefore
it was an act of criminal homicide, correct? Not according to King County
Prosecutor Dan Satterberg, who declined to file charges. Significantly, the
Obama-Holder Justice Department, which devised the new use-of-force standard
that is supposedly suffocating the bold and valiant officers of the Seattle
Police Department, also
refused to file civil rights charges against Birk.
Seattle-area tax victims were forced to pay a $1.5 million settlement to the family of John T. Williams. The only “punishment” Birk received for the unlawful killing was his compelled resignation from the police force.
According to the plaintiffs in the Seattle police lawsuit – who, remarkably,
are not being supported by the local police union – this was an atrocious
violation of Birk’s civil rights.
Most people believe that the purpose of the Bill of Rights
is to protect citizens against abuses of their rights by government officials. The
incurably self-preoccupied people behind the Seattle police lawsuit apparently believe
that the Bill of Rights exists to emancipate law enforcement officers from
restrictions on the use of lethal force, and immunize them against legal,
civil, and professional accountability when they kill people without legal
justification.
Dum spiro, pugno!