Excessive Use of Force

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Excessive Use of Force Page 20

by Loretta P. Prater


  When media representatives were notified of Leslie’s death, they wasted no time in reporting information that they received from the police. As previously noted, the first report appeared prior to any notification of Leslie’s death to family members. After that initial televised report on January 2, 2004, there were other televised stories, newspaper accounts, and articles posted on the internet. The top story reported on January 5, 2004, by WTVC, Chattanooga’s local ABC affiliate, was “Chattanooga Opens Personnel Files for Officers in Leslie Prater’s Death.” On March 26, 2004, their report was “Man Dies in Police Custody: Several Injuries on Body.” Another of their top story reports on June 16, 2004, was “Parents of Leslie Prater Seeking Answers.” Accessed from the internet on January 13, 2004, was a breaking news item from Chattanoogan.com: “Prater Family Claims Chattanooga Police Have Pattern of Aggressive Force.” On February 16, 2004, the Chattanoogan.com article was “Leslie Vaughn Prater Family Says His Death Unnecessary.”

  There were numerous local newspaper accounts of Leslie’s death and our subsequent struggle for justice. Because I did not live in Chattanooga, I depended on others to furnish me with copies of those articles. Their loyalty to our cause was tremendous. Friends and relatives were constantly sending me copies of the articles, sometimes resulting in duplicates of the same information. On Friday, January 9, 2004, the Chattanooga Times Free Press article was titled “Court Won’t Block Release of Officers’ Photos.” However, the police department never released pictures of all four officers. On February 17, 2004, a relative faxed me the Chattanooga Times Free Press article, “Family Pays for Private Autopsy in Son’s Death in Police Custody.” An interesting quote in that article was from Chief Parks, who stated, “The four officers were suspended without pay for one week, and are back on the job.” Previously, we were told that the officers were on a one-week administrative leave with pay and returned to their prior assignments, which I believe to be accurate. After the February 18 article, the Southeast Missourian in Cape Girardeau printed on its front page, “Cape Couple Seeks Second Autopsy in Son’s Death.”2

  During those earlier months of intense grief, I also exhausted my brain trying to think of every way possible that I could engage the public in our story, including sending information to the producers of the Oprah Winfrey Show and ABC’s 20/20, their weekly news magazine show. Those actions were to no avail, but I quickly established contact with Chattanooga media outlets. I participated in a local radio talk show there and established communication with local television and newspaper reporters. Early in the process, reporters were anxious to talk to me, and I was willing to talk to them, although I am usually a private person. I didn’t want the circumstances around Leslie’s death to be a secret, so my priority was to let the public know that Leslie’s death was a homicide. For as long as it lasted, I took advantage of that attention from the media, more commonly referred to as one’s “fifteen minutes of fame.”

  During that first year, I spent a lot of time talking to people, especially those living in Chattanooga. The communication contacts were very much two-way. People were contacting me to discuss their problems with the Chattanooga Police Department or incidents of police brutality that they had witnessed. I was following up on leads from people who had filed lawsuits against the department or those who were rumored to have witnessed Leslie’s homicide. Social justice advocates from Chattanooga contacted me to share their long-standing concerns about police brutality in the community. I will admit that even I was amazed by the number of people who wanted to talk with me.

  At our first appearance at the Chattanooga City Council, we prepared copies of a flyer and passed them out at the meeting. The flyer, with a picture of Leslie, was titled “The Lord Giveth: The Police Taketh Away, The Death of Leslie Vaughn Prater.”

  The following is a list of the issues contained in the flyer:

  The police neglected to do their job, which is to serve and protect citizens. Because Leslie was a citizen in need of help, his situation was a perfect opportunity for the four police officers to demonstrate how they serve and protect citizens.

  The police stated that, upon their arrival, they were unsure whether they were dealing with a medical or mental problem, but they neglected to follow departmental policy in dealing with such situations.

  Four police officers used excessive, unreasonable, and unnecessary force.

  The four police officers violated the constitutional Fourth Amendment rights of Leslie Vaughn Prater.

  The four police officers were perpetrators of a homicide.

  The body of Leslie Vaughn Prater was severely beaten, as evidenced by two independent autopsy reports showing twenty-one rib fractures, a broken arm, a dislocated shoulder, blunt trauma to the scrotum, and numerous other bruises and lacerations.

  Two officers on two separate occasions used pepper spray, which compromised Leslie’s ability to breathe.

  Homicide by positional asphyxia was the cause of death. After Leslie was severely beaten, deliberate actions of the four police officers further prohibited him from breathing. These actions included keeping him facedown in the dirt after his hands were cuffed behind his back, and while the knees of officers were pressing him in the back until he stopped breathing.

  Leslie was unarmed, as police could clearly determine, because he was nude and posed no threat to the well-being or safety of the police officers or any citizens.

  We demanded to see the incident report and the public files of the officers, and have an independent and objective investigation completed. We demanded justice for Leslie and an end to the double standard of justice when police officers are the perpetrators. We also demanded that the police officers be released from duty, pending the outcome of the investigation. Furthermore, we demanded that Mayor Bob Corker dismantle Chattanooga’s “Blue Wall of Silence.”

  You might wonder if any of our demands were met. The family received a very vague incident report, and, much later, our attorneys received some of the public files. Only after the lawsuit settlement was there an independent investigation of the department. Otherwise, none of our other requests were honored. The officers returned to their positions one week after killing Leslie. They were not released from duty pending the outcome of the investigation. Justice was never received and, in my opinion, the double standard is still current. In most cases of unlawful deaths and injuries perpetrated by police officers, the “Blue Wall of Silence” is as strong as ever, although we live in a country of acclaimed freedom.

  I taped an interview for the local Cape Girardeau CBS affiliate station, KFVS12. The purpose of the interview was for me to give my version of the dynamics surrounding Leslie’s death. For security reasons, the interview was taped without my face being shown, with the camera facing the reporter. Only the back of my head was shown. When one speaks out against police officers, you can become a target for violent behavior from police sympathizers.

  Dwight and I attended the Southside Reunion in Chattanooga. Many African Americans currently or in the past resided on the Southside. During overt segregation, blacks were strictly prohibited from living in certain sections of the city, even if you could afford to live in those neighborhoods. Consequently, the Southside was home to African American doctors, teachers, business persons, and laborers. Economic status didn’t matter; the common thread was the color of your skin. There was a positive outcome of that diverse economic demographic. African American children living in urban settings had the opportunity to interact directly with positive role models, from all economic levels. All of the hardworking residents were their family members and neighbors, regardless of the numbers on the paycheck.

  We anticipated that many persons attending the Southside Reunion would be people we knew from our former neighborhood or who were former classmates. We attended the reunion and placed signs around the grounds about the killing of Leslie. We also passed out information describing simil
ar incidents in Chattanooga, in which other unarmed citizens, mostly African American men, were killed by police officers. I had hoped that we could have a rally during that time. I spoke with one of the organizers, an elected state representative, about that possibility. She denied support for that request, stating, “The Southside Reunion is a time for socializing and eating barbeque.” I was disappointed in her response. Years later, she approached me about sending her some information about police brutality and possibly coming to Nashville to testify. I sent her the information and agreed to testify before a committee in Nashville. She never contacted me again.

  Since June 1982, Chattanooga has held the Riverbend Festival, an annual two-week event on the Tennessee River. On the Monday after the opening weekend, the Bessie Smith Strut occurs. For this event, a section of Martin Luther King Boulevard is blocked off for participants. Noted blues singer Bessie Smith was born in Chattanooga on April 15, 1894. Bessie Smith Hall, located on Martin Luther King Boulevard, is named in her memory. The Strut is similar to a street festival with live music, fellowship, and food, especially barbeque. The Strut, which reminds me of the year-round social events on Beal Street in Memphis and Bourbon Street in New Orleans, has been a popular feature of the Riverbend Festival. The people are usually just walking up and down the street, eating and stopping to listen to various musicians and chatting with acquaintances. Street vendors are located all along the route with a variety of food and beverages for sale.

  I anticipated that there would be hundreds of people at the 2004 Strut. I was correct. I saw that as an opportunity to continue to inform people about police brutality in Chattanooga. Family members joined me in carrying signs about Leslie’s killing. We walked up and down the street with everyone else, but the difference was that we were carrying our signs. Several people stopped me, especially out-of-town tourists, to ask questions about the situation. My sign read, “The Lord Giveth, the Police Taketh Away,” and it had a picture of Leslie as a baby on it. Media were present. One photographer took a picture of me holding the sign and posted it on Chattanoogan.com.

  I saw numerous people I knew along my way. They stopped me to talk. They expressed sympathy and talked about how awful it was that nothing was done to the officers who killed Leslie. Some people who were strangers to me stopped me to say that they knew Leslie and were friends. There were others who stated that they would help us if needed. Persons approaching me were of both races. In one instance, I made eye contact with one of the white Chattanooga police officers. In his eyes, I saw compassion. However, he was surrounded by several other officers and did not dare to let them know that he even knew me. With our eye contact, I sensed that he recalled me as one of his teachers. We both recognized that the current environment did not allow us to communicate.

  As mentioned earlier, the Bessie Smith Strut attracted many people, local residents as well as persons residing outside of Chattanooga. When I assumed a stationary position with my sign, I was able to observe and identify more of the attendees. While reviewing the crowd, I noticed that Mayor Bob Corker had passed by on the other side of the street. Responding to my instincts, I immediately hurried in his direction and approached him. I introduced myself and told him that Dwight and I would like to meet with him to discuss Leslie’s death. He agreed to meet with us and gave me the information to contact his assistant. I must admit that I was surprised that he did not appear to be reluctant at all. I often wondered if he ever regretted that action, because I’m sure the city attorneys would have advised against it, considering that Corker was called to the scene the night that Leslie was killed. I saw the taped television newscast that showed Mayor Corker at the scene, talking with police personnel.

  On June 18, Dwight and I met with Bob Corker and his city manager in his conference room. The city manager was there as an observer, and I don’t recall his joining the conversation, other than to introduce himself. It was a very cordial meeting. I took numerous pictures of Leslie in various family settings over his life span. I wanted Mayor Corker to get the sense that Leslie was very much a part of a family unit and very much loved. He was our son, not just “something” that the police could squash just like someone stepping on an ant. I asked him if he had children, and he responded that he was a father of two children. We talked with Bob Corker as parent to parent. He made no commitments but appeared sensitive to our feelings. While I am disappointed that Corker never spoke publicly about Leslie’s homicide, I appreciated that he hosted that meeting. He listened to our concerns and treated us in a nonjudgmental manner. He seemed sincerely compassionate, maybe considering how he would feel if one of his children was treated as Leslie had been treated. In December 2009, one of his daughters was carjacked in Washington, D.C. As a parent, I wondered if he reflected on our situation, and how quickly life-changing circumstances, over which one has no control, can occur. Fortunately and thankfully, his daughter was unharmed.3 From our meeting with Bob Corker, I sensed that he loved his children as much as we love ours.

  We attended the Chattanooga City Council meeting on June 29, 2004. We had several friends and relatives with us. Dwight and I spoke, as did others in support of us, although other speakers were unsolicited. One person, who had prior employment experience as a professional at a mental health facility, stated that there are techniques for physically interacting with unarmed persons without killing them, even persons who are naked. Tom, the individual who spoke, had known me for years when we both were employed at the University of Tennessee at Chattanooga. I was so pleased to see him again, although I had no idea that he would be at the meeting to speak on our behalf.

  A number of council members made public statements to suggest that they planned to pursue our concerns. I will tell you that two of those council members were observed at the scene the night Leslie died. One was the council member representing the district in which the death occurred. The other, a funeral director, was conducting business at the location directly across the street from where Leslie was killed, and he did go over to the scene. They made “politically correct” statements at the meeting, but their words were just empty promises. I left the meeting with the feeling that the matter of Leslie’s homicide was just beginning.

  The Chattanooga Courier, a local newspaper in Chattanooga, identified as “A Progressive Voice in the African American Community,” printed the family’s story on July 12, 2004. Through this opportunity, we were able to tell our side and the impact Leslie’s homicide had on the family. The title of the article was “Prater’s Family Wants to Change Negative Images Painted by the Media, Police Department.” Stefan’s poem, “Never Be Another You,” was included in a separate section called “The Poet’s Corner.” The editor gave us front-page coverage, with a picture of Leslie and Stefan posing together when they were young children. The article was extensive and concluded on page 5, consuming approximately one-third of that page. The last statement from the article was provided by Stefan. He said, “If I can prevent another family from going through it, then my brother hasn’t died in vain.”

  On September 21, I spoke at the University of Tennessee at Chattanooga (UTC) in a social science class. The presentation focused on sharing research on police brutality, coupled with my personal experience. There was a diverse group of approximately twenty-five students of varying ages and races. As an experienced and award-winning teacher, I was confident in presenting to the class but less comfortable when I opened the session for questions. I was sure that I would be challenged in my assertion that police officers were responsible for Leslie’s death. As expected, I was confronted. An older white female student wanted to know how I could feel certain that the lives of the police officers were not in danger. I calmly responded with the facts that Leslie was nude, clearly unarmed, and pinned facedown on the ground with his hands cuffed behind his back. There was no way that he could have harmed those four officers, especially with their combined weight pressing on him. The exchange between us was cordial and e
nded with that response.

  Later that evening, Dwight and I, family members, and supporters attended the Chattanooga City Council meeting to conduct a silent protest. The chairperson of the council was someone I knew personally. When I lived in Chattanooga, I served on the board of directors for Big Brothers/Big Sisters, and Jack was its executive director. I felt comfortable approaching him because of our interpersonal connection and my knowledge of his legacy as a person of integrity. I also had a personal relationship with the administrative assistant for the council. Carol was the youngest sister of Cheryl, one of my childhood friends and high school classmates. At the end of the meeting, it probably seemed odd to observers that those two persons greeted me with an embrace.

  I was the spokesperson for the family. If you recall, this was not my first council meeting. My objectives for attending that meeting were for the city council members to be more aware of police brutality in Chattanooga, introduce a resolution denouncing police brutality, and request that they convene a public hearing on the matter. Our family members and friends were there for moral support and to carry posters. The posters had different messages. Dwight used his expertise in technology and his creativity to design the posters. Some had a picture of Leslie only, others depicted Leslie with family members, and some included statements under the picture. As always, it was wonderful having the consistent support of family members and friends. We were truly blessed to have them by our side throughout this struggle for justice. In some ways, it must have been more difficult for them, because they lived in Chattanooga. We would travel there, attend events, and leave town, while they remained in Chattanooga. I heard rumors that some people described us as “troublemakers.” They charged that we came to town to stir up trouble. If seeking justice for an unlawful homicide is “stirring up trouble,” then I will accept their label as a “troublemaker.”

 

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