Excessive Use of Force

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Excessive Use of Force Page 22

by Loretta P. Prater


  In response to an invitation, I spoke at the Thirty-Third Annual National Black Family Conference in Louisville, Kentucky, on March 10, 2006. The title of my research paper was “Terror in the Neighborhood: Police Brutality as a Barrier to the Health and Longevity of Black Males.” When I discussed my situation, others in the audience volunteered to share their accounts of police brutality experiences. I sensed that people were surprised that I and others in the room had such horrible experiences. Their reactions further document that anyone can be victimized by aggressive police officers.

  On May 18, 2006, Dwight and I, along with the generosity of other family members and friends, established the endowed Leslie Vaughn Prater Memorial Scholarship in Criminal Justice at the University of Tennessee at Chattanooga. We wanted to establish the scholarship as a lasting tribute to Leslie’s life, demonstrate our commitment to justice, and help students in their pursuit of education. As a part of completing the formal application, students would be required to write and submit an original essay, “I Believe in Justice for All.” Because the scholarship is endowed and contributions are continually applied to the book value amount, it is anticipated that the scholarship and Leslie’s name will outlive us.

  During the public announcement of the award, I said, “It is the family’s sincere hope that the recipients of this scholarship will embrace justice and embark on a successful professional career to ensure that justice is enjoyed by all.” Throughout the years, scholarship recipients have sent us thank-you messages, which mean a lot to us. The following is one of those correspondences. I chose to protect the student’s identity.

  Dear Mr. and Mrs. Prater, first and foremost, I would like to show my appreciation for being awarded the Leslie Vaughn Prater Scholarship by writing this letter. I am sincerely thankful to be honored and blessed by the both of you. This scholarship means a lot to me and will contribute to my college education. I am approaching my senior year and am one step closer to graduating. Going to college has always been a dream of mine, and with the assistance of wonderful people like you, I have been able to afford college costs. Again, I’d like to say thank you for being so kind to students like myself. Thank you for making this award possible. Sincerely, ____.

  In response to another invitation, on October 16, 2006, I spoke at the National Social Science Association’s annual research conference in San Francisco, California. As the organization’s name implies, there were presenters and attendees from all over the United States. The research I presented was based on a secondary analysis of data focused on social systems impacted by police brutality.

  On November 21, I completed a telephone conversation with a contact person from the Commission on Accreditation for Law Enforcement Agencies (CALEA), Inc., regarding the accreditation of the Chattanooga Police Department. I knew that there were problems with the training of police officers in Chattanooga. I felt that the department should not be reaccredited without some conditions for them to improve. Based on my administrative role over the Department of Criminal Justice and Sociology and our regional police academy, I had some familiarity with CALEA. I wanted to seek more information regarding the process used by CALEA.

  In addition to the lack of training regarding avoidance of positional asphyxia, there were other concerns. Equipment was substandard. On more than one occasion, we requested information and were denied and told that it was unavailable because of computer equipment malfunctions. There were public relations concerns, such as police releasing information to the media prior to contacting the immediate family. Certainly, there were problems with departmental procedures and policies with regard to approaching an unarmed person with questionable behavior. There were other concerns as well, such as their procedure for filling out incident reports when more than one officer is involved. Maybe you can understand why I felt a need to discuss these matters with a CALEA representative. To my knowledge, the Chattanooga Police Department has maintained its CALEA accreditation status.

  On December 8, I was contacted by an ABC news correspondent from New York. She was assigned to the law and justice unit and expressed an interest in interviewing me on the topic of police brutality, but she would have to get clearance from her supervisor. Unfortunately, she did not get the approval. Later in 2007, she contacted me four more times, but she could never get the approval to move forward with an interview. I always felt that she sincerely was interested in my perspective.

  Jason, a young white college student from Georgia, whom I had never met, telephoned me on December 11. He stated that he had experienced an episode of police brutality perpetrated by Chattanooga police officers and was calling me to give me encouragement because he understood Leslie’s situation. He had been unarmed and had been beaten and tased. Another young man had been with him at the time, but his injuries were not as severe as Jason’s. A camera on the parking lot site of the incident had captured footage of several officers beating and kicking the two young men after they were down and handcuffed; they never resisted arrest. He said, “I can relate to what happened to Leslie, because Leslie was alone and without camera footage.” After a newspaper report of the incident, the unwarranted charges of resisting arrest and disorderly conduct were dropped. Jason’s situation ended with a civil lawsuit settlement. In addition, two officers were terminated, two others were suspended for twenty-eight days without pay, and another suspended for ten days without pay. Chief Steve Parks ruled on the decision. Jason told me that he never wanted to return to Chattanooga. Rogue police officers are equal-opportunity abusers. One has to wonder if the officers would have been disciplined had there been no videotaped evidence. Would that event have been simply “all in a day’s work,” or would Parks have ruled the injuries as accidental?

  Activities January 2007–February 2017

  After the lawsuit was settled, I continued activities focused on promoting public awareness of police brutality. Activities initiated by others became more infrequent with the passing of time. I continued to have interactions with news people, law enforcement administrators, and residents about the topic of police misconduct. Also, I continued to research the literature on police brutality and share that knowledge with others. During 2007–2016, more of my time was also concentrated on completing the manuscript for this book, which was an emotional struggle.

  On September 28,, 2007, I was a guest speaker in a criminal justice class at Southeast Missouri State University. My presentation was a combination of research and personal experience. As usual, the audience seemed shocked that I was a mother of an unarmed son killed by police officers. People tend to profile family members involved in these situations. I was introduced as the dean of the College of Health and Human Services, their dean. Part of my purpose was to document that anyone could be the object of police brutality. At random, I pointed to various students and said, “It can happen to you, and you, and you.” I felt it important to stress that no one is immune. Certainly, I sensed that their original perception of mothers identified with those circumstances was shattered.

  October 4, 2007, was the first date I spoke to candidates enrolled in the Regional Law Enforcement Academy in Cape Girardeau. Their training curriculum, which was carefully designed to abide by CALEA guidelines, routinely allowed for guest speakers. I had discussed with the academy director that I was willing to speak on the matter of police brutality. He was familiar with my situation and was the first person to tell me that Leslie’s death was probably the result of positional asphyxia. His conclusion was actually my introduction to the term, even prior to the completion of Leslie’s autopsy report, which documented positional asphyxia as the cause of the homicide.

  Dwight and I prepared the presentation, which included a PowerPoint and the video presentation about Leslie that had been filmed to potentially present in court. Although I was the speaker, Dwight accompanied me to provide technical and moral support. For me, the presentation was practice for the talk that I would later give to t
he police academy in Chattanooga. During the presentation, I was observing the body language of the audience, and sensed an interest in the information. I stressed that when their lives or the lives of others are not in danger, their actions should be focused on preserving life. I also asked them to think about the fact that residents, with whom they will come in contact, have people who love them too.

  On October 22, 2007, I presented a workshop at the Chattanooga Police Academy, the first of three opportunities granted to me as part of the lawsuit settlement. An interesting coincidence is that October 22 is the annual National Day of Protest to Stop Police Brutality. That workshop is discussed more in chapter 9.

  As part of the observance of Black History Month at Eastern Illinois University (EIU), I was invited to speak on February 26, 2008. My presentation was titled “Guilty until Proven Innocent: Experiences of African American Males and Police Brutality.” Attendees included students; faculty; the interim Charleston, Illinois, police chief; and the chief of the university police department. In announcing the campus lecture, the Eastern Daily News printed an article on February 26 titled “Death by Brutality Inspires Mother.” As a follow-up, in the next day’s edition of the Daily Eastern News, a summary of my lecture, audience feedback from interviews, and my picture were featured on the first page.7

  The news article also included statements from those in attendance. One African American male student stated that he grew up in a neighborhood where residents frequently experienced police brutality. He said, “Neighbors have lived with it for so long that they do not think of the violence as police brutality anymore.” During the presentation, I stressed that silence can be deadly. When the reporter interviewed the interim chief of police, he said, “Training should never be underestimated.” After the lecture, the chief approached me to share his reaction. His remarks were encouraging and supportive of my intentions to increase awareness. He was not defensive. He noted that he agreed that a crucial intervention strategy to decrease police brutality is to focus on recruiting the right people for those positions. He shared with me his personal challenges in completing the recruitment process. He and I agreed that everyone who applies is not necessarily the best fit for the role of police officer. As a bonus, a DVD was created of my presentation and placed in EIU’s library as a resource for future research on the subject of police brutality.

  On March 15, 2008, I returned to make another presentation to a different group of cadets at the Southeast Regional Law Enforcement Academy in Cape Girardeau. I asked another mother to join me in the presentation. Connie had also experienced the homicide of an unarmed son resulting from police brutality, and she saw the value in addressing the issue, as well as the opportunity to express her family’s pain. Connie’s son Derek, a former Marine sergeant who had survived a tour in Iraq, met death on American soil. Connie and I had been brought together by a similar tragedy. It was the glue that sealed our common bond. I am African American and Connie is white, but our pain has no racial boundaries.

  The August 23, 2008, edition of the Chattanooga Times Free Press printed an article titled “Man in Police Custody Died of ‘Excited Delirium.’” I have found no organization that recognizes “excited delirium” as a cause of death except police departments. It appears that “excited delirium” is a successful defense in the acquittal of homicides when police officers are the defendants. I was interviewed for the article and clearly stated my disagreement with their report. I could not understand how such a “condition” could have caused bleeding and all of the numerous injuries to Leslie’s body. The police department never provided any explanation. Of course, police officials can say anything they desire, even if it is totally irrational, and the comments are accepted as fact. After all, “they” are the police.

  In November, researching materials dealing with police brutality, I discovered a DVD that I thought was excellent: Every Mother’s Son, a film by Tami Gold and Kelly Anderson, distributed by New Day Films. The video features the mothers of three victims killed by police officers. I wanted more insight into what other mothers experienced. The following is an excerpt from a statement written on the back cover of the DVD case:

  Iris Baez never meant to become an activist. Kadiatou Diallo never meant to live in the United States, fighting for justice for her son. And Doris Busch Boskey never thought she’d become a spokesperson against police brutality. This film profiles three New York mothers who unexpectedly find themselves united to seek justice and transform their grief into an opportunity for profound social change.

  The Tennessee Tribune, a weekly newspaper in Nashville, Tennessee, included an insert in its December 4–10, 2008, edition. The report was designed by Jennifer L. Milele as a special community exclusive: “United for Change: The Movement Continues.” The headline was “Wanted!! Mothers Whose Sons Were Killed by Law Enforcement.” This publication was arranged by Dr. Marcia Riley. Three mothers wrote articles about the deaths of their unarmed sons in that edition. Marcia wrote “Another Senseless Murder in a Texas Jail.” “Arizona Teenager Shamelessly Shot in the Back” was written by Sandra Robertson, and I wrote “Unarmed and Murdered by Police Officers in Tennessee.” Connie’s son was featured in the article “Death Squad in Delaware: The Case of the Murdered Marine.” That piece was written by William Norman Grigg.

  The book Africana Cultures and Policy Studies: Scholarship and the Transformation of Public Policy, edited by Dr. Zachery Williams, was published by Palgrave Macmillan in 2009. I accepted the invitation of Dr. Williams to write a chapter for the book. My contribution was “Institutionalized Terror: A Social Systems Analysis of Police Brutality.”

  I accepted an invitation from the Unity Group in Chattanooga to give a presentation on January 17, 2009, focused on police brutality. The title of the lecture was “Black Males and Police Brutality: A Research Summary.” The presentation was part of a group of programs planned during the annual Martin Luther King Jr. celebration.

  On June 28, 2009, I sent a letter of appreciation to the mayor of Birmingham regarding how he responded to a police brutality incident. According to a news report, five police officers brutally kicked and beat an unconscious suspect after a high-speed chase through Birmingham, Alabama. The incident was caught on camera and discovered a year later. The five officers were fired.8 Unfortunately, the officers mounted a successful appeal and the Jefferson County Personnel Board reinstated the officers.

  Dwight and I attended the Twenty-Third Annual National Conference of Parents of Murdered Children (POMC), which convened on August 21–23, 2009, in Cincinnati, Ohio. The organization, identified as a self-help group dedicated to helping the families and friends of those who lost loved ones to violence, has more than three hundred chapters and one hundred thousand members.9 The conference theme for 2009 was “Broken Hearts Healing with Help, Hope and Hugs.” In comparison to research conferences, the workshops at this event were mostly personal and akin to testimonials, as well as self-help sessions and some research presentations. Here are a few examples of sessions: “Victim to Survivor Panel”; “How Much Did My Loved One Suffer?”; “The Investigation—What Really Happens”; “Collaborative Efforts—Victim Advocates and Law Enforcement”; “Sibling Grief”; “Mother’s Grief”; “Intimate Partner Homicide”; “How Dreams Heal”; “Murder/Suicide”; “Created Out of Justice”; “Alive Alone—No Surviving Children”; “Victim’s Rights: Where, What, and Why”; and “Does Grief Come in ‘One Size Fits All’?”

  Although I am glad that we attended the conference, I don’t know if I will attend another one. I left distressed because I didn’t identify with the majority of parents who were helped by the police to punish the murderers of their children. I sat through sessions in which there were expressions of praise for police officers and the district attorney. I attended a session that informed participants of the victim rights’ resources provided by the federal government. I specifically asked if there was any help for victims of pol
ice brutality. The response was “no.” It was explained to me that the federal resources were administered by police departments.

  There were four mothers in attendance whose sons died from encounters with the police. We came together, with the leadership of Marcia, and formed the informal MOMS support group. That group also included Connie, who traveled with us, and Deborah from Virginia. I felt like no one else at the conference understood the challenges we faced in seeking help from the justice system. We did find common experiences with other conference participants, such as the grief process and the struggle to accept the “new normal.” On the last page of the conference booklet, we were left with the statement, “May we find comfort in gentle memories and while we grieve their loss always, may we too not forget that they lived.”

  The Chattanooga Times Free Press printed an article about the public forum for residents and law enforcement officials to speak to a team charged with gathering data for CALEA. I felt that the title of the article, “Public Backs Police at Forum,” was misleading. I attended the forum on December 15, 2009, and asked the investigators to more closely examine the training standards and use-of-force policies used by the department. I stressed that there was concern with the training of officers on procedures for handling encounters with unarmed persons who are demonstrating confusion. My remarks were taken out of context. The reporter stated that Leslie had mental health problems. I believe in total health and well-being and feel that mental health is just as important as other conditions of physical health. Yes, Leslie was intoxicated when killed by the police, but he was not mentally ill. I believe that mental illness is a health condition that we, as members of society, should address in a thoughtful manner, especially considering that approximately one in five Americans suffers from a diagnosable mental disorder in a given year.10 After reading the article, I immediately contacted the reporter and asked her to provide the family with the information of what doctor had diagnosed Leslie as mentally ill and when she received that information. She never provided any documents to support her conclusion.

 

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