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Cirque du So-What

(25,941 posts)
Sat May 23, 2015, 11:16 AM May 2015

Cleveland police officer found not guilty in fatal shooting of two people

Source: Washington Post

By Kimbriell Kelly May 23 at 11:01 AM

A Cleveland police officer was acquitted today for his role in the 2012 fatal shooting of two unarmed people in a car after officers mistook the sound of the car backfiring as gunshots.

After a four-week trial , a judge found officer Michael Brelo, 31, not guilty of two counts of felony voluntary manslaughter in the deaths of Timothy Russell, 43, and Malissa Williams, 30. Russell and Williams were killed Nov. 29, 2012, after they led 62 police vehicles on a chase across Cleveland.

Prosecutions of officers for the use of deadly force are rare given there have been thousands of fatal police shootings in the past decade. When criminal charges have been pursued, officers have most often been acquitted or cleared, according to a recent analysis by The Washington Post in conjunction with criminologist Philip M. Stinson and researchers at Bowling Green University.

Read more: http://www.washingtonpost.com/investigations/cleveland-police-officer-found-not-guilty-in-fatal-shooting-of-two-people/2015/05/23/280844f0-f028-11e4-a55f-38924fca94f9_story.html

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Cleveland police officer found not guilty in fatal shooting of two people (Original Post) Cirque du So-What May 2015 OP
Hyped up HassleCat May 2015 #1
SIXTY TWO police vehicles? 127 shots into a car with two UNARMED people? George II May 2015 #2
Take a look at the end of the article to see another ridiculous case which finally was resolved... xocet May 2015 #10
Sadly there's always a monetary value placed on human life. $2.5M or $250M, the woman is still dead. George II May 2015 #16
No doubt. Whatever the monetary value assigned, the victim is still dead. xocet May 2015 #22
I don't think police fired 127 shots at Bonnie and Clyde. louis-t May 2015 #15
It's called a death squad Man from Pickens May 2015 #17
We are so fucked. onecaliberal May 2015 #3
My guess is that the defendants chose to go with a bench trial, ScreamingMeemie May 2015 #4
If I were family of the deceased I don't know what I would do. onecaliberal May 2015 #6
Yep, if your a white cop stick with the bench.. busterbrown May 2015 #12
This message was self-deleted by its author 24601 May 2015 #37
The defendant waived his right to a trial by jury. Igel May 2015 #5
Of course they did. There is NO way these cops should walk onecaliberal May 2015 #7
for what they allegedly did heaven05 May 2015 #8
+1 gazillion. Couldn't have written this better than you did. nt BumRushDaShow May 2015 #9
fuck tha police frylock May 2015 #11
Message auto-removed Name removed May 2015 #34
True, if the suspects, the cops, didn't start a dangerous car chase, none of it would've happened. uppityperson May 2015 #36
rec for exposure. nt awoke_in_2003 May 2015 #13
Get ready Baltmore,,,, Cryptoad May 2015 #14
Oooooooof course. This is what passes for justice in the halls of Just Us. nt valerief May 2015 #18
Wow. secondvariety May 2015 #19
Original article says he climbed onto the hood, continued shooting after the threat was over. Judi Lynn May 2015 #20
There is no justice, only whatever the system favors and whoever has the better lawyers AZ Progressive May 2015 #21
Over 20 posts and no one mentions 22 miles of high speed chase or ramming a cop car... Oktober May 2015 #23
Those are death penalty offenses? Beaverhausen May 2015 #24
Ramming cop cars and the cops with them is a potentially lethal attack... Oktober May 2015 #29
Yes, it is unreasonable to jump on the hood of a stopped car and fire at unarmed suspects Bradical79 May 2015 #43
Did you respond to the right post? Oktober May 2015 #47
No idea. I'm tired :-( Bradical79 May 2015 #51
I think every one freaked for what they thought were good reasons. But only 2 had guns. freshwest May 2015 #53
ODD????? roomtomove May 2015 #25
They could have stopped at mile .01 instead of 22 and put their hands out the window... Oktober May 2015 #32
Its not odd, everyone (including myself) at times try to ignore something cstanleytech May 2015 #38
ODD.. NaturalHigh May 2015 #39
How is it relevant? Bradical79 May 2015 #45
Using that logic... Oktober May 2015 #48
Cops should not play Grim Reaper romanic May 2015 #52
So anything short of an actual gun... Oktober May 2015 #54
It doesn't justify the shooting, but why did they flee? still_one May 2015 #26
Probably NOLALady May 2015 #27
Look at the crazy response of the police when they did stop Bradical79 May 2015 #44
This should not have been a bench trial aint_no_life_nowhere May 2015 #28
Thanks for the information. n/t Judi Lynn May 2015 #30
I've often drawn the differences between Liberals and Conservatives that way.... Spitfire of ATJ May 2015 #33
"This should not have been a bench trial." NaturalHigh May 2015 #40
Did you read only the title of my post? aint_no_life_nowhere May 2015 #46
no surpise to me redruddyred May 2015 #42
the court of last resort is the street captainarizona May 2015 #31
Message auto-removed Name removed May 2015 #35
yes, but you forget that only shot 137 rounds. redruddyred May 2015 #41
Nine officers also have a discrimination lawsuit pending against the city madville May 2015 #49
If true, they deserve a win... Oktober May 2015 #50
bump...nt Jesus Malverde May 2015 #55
This shows just how screwed up our justice system is bobjacksonk2832 May 2015 #56
 

HassleCat

(6,409 posts)
1. Hyped up
Sat May 23, 2015, 11:19 AM
May 2015

This stuff happens all too frequently. Our police need better training. They get far too excited, endangering the public by racing through the streets, shooting at fleeing suspects. Often, the "crimes" involved are nothing more than smoking pot or running a red light. In some cases, it all starts when somebody is "acting suspiciously." We would all be better off, the citizens and the cops, if we put an end to this insanity.

George II

(67,782 posts)
2. SIXTY TWO police vehicles? 127 shots into a car with two UNARMED people?
Sat May 23, 2015, 11:26 AM
May 2015

NOT GUILTY?

Part of the judge's justification for the not guilty verdict was that they couldn't determine which of the 10 or so officers shot the fatal bullets.

So, the moral of this story is to make sure you have enough officers firing enough shots to make sure no one can determine which officer was the "guilty" one.

I think some of the recent cases were not what they've been portrayed to be, but this one and the verdict is ridiculous!

If there were three bank robbers firing shots and they killed a ban teller but there was no determination of who killed the teller, they ALL would be prosecuted, convicted, and jailed.

xocet

(3,871 posts)
10. Take a look at the end of the article to see another ridiculous case which finally was resolved...
Sat May 23, 2015, 12:36 PM
May 2015

by the settlement of a federal lawsuit for 2.5 million USD. The officer according to his statement just had to do something....


The Other Case:

Cleveland officer Michael Brelo found not guilty in fatal shooting of two people
By Kimbriell Kelly May 23 at 11:01 AM

...

In Ohio, Brelo is one of only two who have faced criminal charges since 2005 for shooting and killing a person while on duty. In both cases, the officers were white and the victims were black.

In 2008, Lima Police officer Joseph Chavalia was acquitted on misdemeanor negligent homicide and negligent assault charges. He shot and killed an unarmed 26-year-old mother during a drug raid as she held her infant son.

http://www.washingtonpost.com/investigations/cleveland-police-officer-found-not-guilty-in-fatal-shooting-of-two-people/2015/05/23/280844f0-f028-11e4-a55f-38924fca94f9_story.html


The Trial:
Sergeant shows jury how he shot Lima mom
BY JENNIFER FEEHAN
BLADE STAFF WRITER

LIMA, Ohio - Sitting on the witness stand yesterday, a serious-faced Joseph Chavalia didn't hesitate when he was asked point-blank: "Who killed Tarika Wilson?"

"I did," the Lima police sergeant replied.

...

Sergeant Chavalia, who was hired by Lima police in 1977 and has taught courses in both firearms and defensive tactics, conceded he "never had more than a partial target," but said he felt he had no other options.

"I could have stayed there and gotten killed and not done anything which was not an option in my mind," he said.

...

http://www.toledoblade.com/local/2008/08/01/Sergeant-shows-jury-how-he-shot-Lima-mom.html


The Acquittal:
Officers cheer police shooting verdict in Lima
By Associated Press
on August 05, 2008 at 5:42 PM, updated August 05, 2008 at 5:44 PM

Lima, Ohio -- A jury verdict that cleared a police officer in the drug-raid shooting death of an unarmed woman will allow other officers to do their job without hesitation, police union officials said.

Officers throughout the state closely watched the trial, fearing that a guilty judgment would have changed how they react in the line of fire.

Jurors on Monday acquitted Sgt. Joseph Chavalia on charges of negligent homicide and negligent assault in the death of Tarika Wilson seven months ago. Her year-old son also was injured.

Wilson's family filed a lawsuit in federal court Tuesday against Chavalia and the city. Officers had been looking for Wilson's boyfriend, a suspected drug dealer.

...

http://blog.cleveland.com/metro/2008/08/officers_cheer_police_shooting.html


The Federal Lawsuit:
Mother of victim sues over deadly Lima raid
BY CHAUNCEY ALCORN
BLADE STAFF WRITER

LIMA, Ohio The outraged mother of a woman fatally shot seven months ago by Lima Police Sgt. Joseph Chavalia demanded justice and reform yesterday from the police department after filing a federal lawsuit against the city and the man who killed her daughter.

The lawsuit accuses Sergeant Chavalia of acting negligently in the Jan. 4 shooting during a drug raid.

Darla Jennings, mother of Tarika Wilson, the 26-year-old victim, said Lima residents should fear their police as a result of Monday s jury acquittal of Sergeant Chavalia.

The jury of four white men and four white women found the police officer not guilty of negligent homicide and negligent assault for shooting Wilson and her 13-month-old son, Sincere. One of the child s fingers had to be amputated as a result of injuries he received during the raid.

...

http://www.toledoblade.com/local/2008/08/06/Mother-of-victim-sues-over-deadly-Lima-raid.html#gHXuVQAH0WfIz3oI.99


The Settlement:
Family Of Woman Killed By Police While Holding Baby Gets $2.5 Million
Jan 4, 2010
By NewsOne Staff

COLUMBUS, Ohio (AP) — The family of an unarmed black woman who was shot and killed by a white police officer during a drug raid has settled a wrongful death lawsuit against the city for $2.5 million.

The death of Tarika Wilson, 26, ignited protests and debate about race relations in Lima, a northwest Ohio city where one in four residents is black. Wilson was holding her 1-year-old son in her arms when she died. The child was also shot and later had a finger amputated.

Police Sgt. Joseph Chavalia, who killed Wilson, was acquitted of criminal charges in her death and has since returned to work, though he is no longer allowed to patrol the streets.

Chavalia was part of a SWAT team that raided Wilson’s home in January 2008 looking for her boyfriend, a suspected drug dealer who later pleaded guilty to drug trafficking. Prosecutors said Chavalia recklessly fired three shots into a bedroom where Wilson and her six children were gathered, even though he could not clearly see her or whether she had a weapon.

...

http://newsone.com/402827/family-of-woman-killed-by-police-while-holding-baby-gets-2-5-million/


Police training needs to be drastically improved.

George II

(67,782 posts)
16. Sadly there's always a monetary value placed on human life. $2.5M or $250M, the woman is still dead.
Sat May 23, 2015, 01:34 PM
May 2015

xocet

(3,871 posts)
22. No doubt. Whatever the monetary value assigned, the victim is still dead.
Sat May 23, 2015, 05:05 PM
May 2015

Police training has to improve. "If in doubt, shoot..." is absolutely the wrong reaction.

But how will training and police methods be corrected if convictions cannot be obtained?

ScreamingMeemie

(68,918 posts)
4. My guess is that the defendants chose to go with a bench trial,
Sat May 23, 2015, 11:37 AM
May 2015

knowing the judge would find them not guilty.

onecaliberal

(32,863 posts)
6. If I were family of the deceased I don't know what I would do.
Sat May 23, 2015, 12:21 PM
May 2015

I am so angry for them, and many other loved ones of other homicide victims by cops. This is so wrong. It seriously makes me apoplectic.

Response to ScreamingMeemie (Reply #4)

Igel

(35,320 posts)
5. The defendant waived his right to a trial by jury.
Sat May 23, 2015, 12:18 PM
May 2015

That left it in the hands of the judge.

Juries are there to protect the rights of the defendant against a biased judge. The judge, after all, at least at the federal level, are appointed by the government. And the Constitution is all about protecting citizen rights from government excess. A jury of the defendant's peers is, all things being equal, more likely to take the defendant's assumptions, values, background to heart in deciding guilt. What's justifiable? Well, in a lot of cases that rather depends on who's talking.

In a criminal court, it's the state versus the defendant. The victim is, at best, a witness or a symbol that the prosecutor uses to sway the jury.

Since it's the defendant's right that's being protected, the defendant has the option of waiving his right.

Notice that in a lot of reporting what we hear isn't the defendant's peers but the victim's peers. When there is no one "community," it makes the idea of a single society built on some semblance of social trust and therefore the idea of a jury that's peers to both defendant and victim a difficult thing to achieve. It could be sustained when there was a pretense of striving for a single society. Too often since I was a kid I hear calls for separate societies with enforced equality. While slightly better than separate societies with enforced inequality, that rather misses the point of the Enlightenment and most of its daughter philosophies.

onecaliberal

(32,863 posts)
7. Of course they did. There is NO way these cops should walk
Sat May 23, 2015, 12:28 PM
May 2015

From this. If you were with someone who committed murder even though you didn't do it, if you were present, guess what, you're charged too.
This not okay, and should not be allowed. Any officer who was present and fired into the car should be charged. The people in the car were not armed and are now dead. That is homicide. Period!

 

heaven05

(18,124 posts)
8. for what they allegedly did
Sat May 23, 2015, 12:28 PM
May 2015

they did not deserve to die like this. A murder at the hands all these criminals in blue, hiding behind a badge. So fucking predictable in this day and age. Black and don't do a turn signal, you got 62 police cars after you. Black and unarmed, over a hundred rounds shot at you, with many entering the body. Black and walk in the streets and don't immediately obey a white cop, you're dead. Be looking at a toy gun in a Walmart for a family member and some mean spirited white person calls that you are armed, dead. Sell loose unlicensed cigarettes on the streets of New York, dead. Be a 12 year old child playing, 'probably cops and robbers' in the park with a toy gun, dead. Scared of a white police officer tazing you and runaway, dead, shot 8 fucking times in the back. If a cop stops you for nothing, dead, spine broken in 8 places and trachea crushed. Be a teen walking home from the store with skittles and tea and a wanna be cop tells you to stop and approaches you, you fight back, dead at the hands of white privilege. All of these executions were of unarmed human beings and no threat to an armed executioner of the state. I should also mention that in this time of executions, say since Trayvon Martin, many unarmed black women and a child of 7 years old have been slaughtered by executioners of the state.

Since Amadou Diallo, this travesty of justice and humans rights abuse has been ongoing. If you are black and/or depressed or mentally ill and murdering police officer is white, 9 out of ten times, they will walk free on some bullshit technicality or with an out and out racist decision by more white officials. Keep showing the world what you're made of authorities and privileged citizens in this land of the free and home of the brave

Response to frylock (Reply #11)

uppityperson

(115,677 posts)
36. True, if the suspects, the cops, didn't start a dangerous car chase, none of it would've happened.
Sat May 23, 2015, 08:32 PM
May 2015

There was no reason to chase them, no reason to shoot over 120 times at them, no reason to climb onto the hood of their stopped and shot up car to shoot more.

Cop heard a backfire so took off after this couple who ran because they were afraid of what the cop would do. Yes, they should've stopped, but not stopping is in no way an offense deserving of death by multiple gunshots. There was no gun in the car, no gun found in the car.

Not stopping when a cop chases you is NOT an offense which gets you the death penalty.. And police are not deemed executioners. People are allowed a trial before getting killed.

Cryptoad

(8,254 posts)
14. Get ready Baltmore,,,,
Sat May 23, 2015, 01:23 PM
May 2015

same is going for you.... they may arrest them, but they can do whatever they want and never be convicted of a crime....and they know it!

secondvariety

(1,245 posts)
19. Wow.
Sat May 23, 2015, 02:07 PM
May 2015

That's fuckin' crazy. That POS cop jumped on the hood of the car and pumped 15 rounds into the driver and passenger AFTER the car was stopped. Probably had high fives all around.

Judi Lynn

(160,544 posts)
20. Original article says he climbed onto the hood, continued shooting after the threat was over.
Sat May 23, 2015, 02:27 PM
May 2015

From the Washington Post:


When Russell’s Chevy Malibu finally came to a stop in East Cleveland, 13 officers opened fire, shooting at least 137 rounds into the vehicle. Brelo, prosecutors said, was the only one who continued to shoot after the threat was over. He climbed onto the hood of the Malibu and shot 15 rounds into the windshield, striking Russell, who was driving, and Williams, who was in the passenger seat.


How could that possibly come back as a "not guilty"? Shocking.

[center]







Younger Michael Brelo.[/center]
 

Oktober

(1,488 posts)
29. Ramming cop cars and the cops with them is a potentially lethal attack...
Sat May 23, 2015, 06:08 PM
May 2015

Are you suggesting that it is unreasonable to think that a person could not be harmed or even killed if they are run into or over?

 

Bradical79

(4,490 posts)
43. Yes, it is unreasonable to jump on the hood of a stopped car and fire at unarmed suspects
Sun May 24, 2015, 04:50 PM
May 2015

Through the windshield.

 

Bradical79

(4,490 posts)
51. No idea. I'm tired :-(
Sun May 24, 2015, 06:55 PM
May 2015

I probably shouldn't post in heated topics at the end of a 7 day workweek Adios.

freshwest

(53,661 posts)
53. I think every one freaked for what they thought were good reasons. But only 2 had guns.
Sun May 24, 2015, 10:10 PM
May 2015

And before the issue of the cars being lethal weapons comes up, they all had vehicles.

The car was stopped. It seems like they could have waited this out. The problem I see, other than bad cops or racist ones, is cops are being told to act faster than their reasoning can handle.

The deaths were avoidable, but the adreanline got the LEOs to act in a panic - unless they were looking for someone to shoot.

IDK what the real solution is, but I'm glad there was a trial, although the technicality that released these guys is what seems ODD.

It's a shitty job being a cop as it keeps one in warzone state of mind. That's not good.

roomtomove

(217 posts)
25. ODD?????
Sat May 23, 2015, 05:42 PM
May 2015

They had them cornered. It was obviously a revenge killing, with the police meting out the justice, making sure they were DEAD.

 

Oktober

(1,488 posts)
32. They could have stopped at mile .01 instead of 22 and put their hands out the window...
Sat May 23, 2015, 06:55 PM
May 2015

Unreasonable though right?

cstanleytech

(26,293 posts)
38. Its not odd, everyone (including myself) at times try to ignore something
Sat May 23, 2015, 09:47 PM
May 2015

when it might conflict with their opinion and in this case some are choosing to ignore the fact that it was reckless of the to gentlemen who were shot to flee from the police on a 20+ mile car chase which could (but thankfully didnt) have easily caused the death of a innocent pedestrian.

NaturalHigh

(12,778 posts)
39. ODD..
Sun May 24, 2015, 07:48 AM
May 2015

Not really. The police always get the "guilty until proven innocent" treatment by the "fuck tha police" crowd.

 

Bradical79

(4,490 posts)
45. How is it relevant?
Sun May 24, 2015, 05:02 PM
May 2015

The guy on trial jumped on the hood of the car when it was stopped and fired 15 rounds into the unarmed victims.

 

Oktober

(1,488 posts)
48. Using that logic...
Sun May 24, 2015, 05:17 PM
May 2015

... An offender can fire a magazine worth of rounds at police and while he is mid reload, it is unreasonable to fire back because he is not actively shooting at that very moment.

The driver had just attempted to kill officers after behaving in an erratic and violent manner over an extended length of time.

romanic

(2,841 posts)
52. Cops should not play Grim Reaper
Sun May 24, 2015, 09:15 PM
May 2015

unless the suspects shoot back.

That's not to say that anyone here is defending these guys, it's quite obvious they were putting the public at risk with the chase.

 

Oktober

(1,488 posts)
54. So anything short of an actual gun...
Sun May 24, 2015, 10:29 PM
May 2015

... is not worth lethal force?

Cars? Weapons that don't shoot bullets?

Where is the line?

One is not more or less dead having been run over than they are with a bullet to the head.

 

Bradical79

(4,490 posts)
44. Look at the crazy response of the police when they did stop
Sun May 24, 2015, 04:52 PM
May 2015

Maybe they had good reason to be terrified of the local police?

aint_no_life_nowhere

(21,925 posts)
28. This should not have been a bench trial
Sat May 23, 2015, 05:58 PM
May 2015

where the judge decides guilt or innocence. The defendant Brelo chose to not have a jury of his peers as the trier of fact, which eliminated blacks from the community judging his guilt or innocence. Not much you can do because it's the defendant's right. If it were up to me, I would not have a judge decide such an important matter. In my 32 years as an attorney in California, I have found too many judges who are grotesque, despicable people, tremendously biased, and not ashamed to show it. Every time I've been in court and heard a pompous asshole in a black robe calling it "my courtroom" I've found it tremendously grating on me. It's the people's courtroom and the judge is the caretaker, not the dictator. I've appeared before judges who are drunk on their ass every day of the week and who even sneak into their car during breaks to hit the bottle. Once, my cousin and I were handling a Work comp case where the judge had made a terrible error, screwing the injured worker. We filed a Petition For Reconsideration (a type of appeal). It was just one of many screwed up decisions made by this judge. My cousin and I were confronted in an empty hallway by the presiding judge who said that if we sought to push our case, it could reflect very badly on the particular judge. We asked her 'what about our client, the injured worker'? She said, "fuck your client" She said that if we didn't back down, we would never again get a fair judgement from any judge at the appeals board. She said she would fuck our office with every judge in southern California and she would spread the word. I thought I was hearing from a judge in a corrupt third world country and she was worse than the corrupt judge in the movie "The Verdict". Another judge at that same appeals board boasted that he never approved a lien filed on any injured worker's case. He was very conservative, an ex insurance company lawyer who became a judge a few years before his retirement so he could get a state pension.

Most of the judges in superior court are ex prosecutors and pretty conservative and have a history of working with and befriending the police. I would never want a bench trial because some of these judges are looney tunes and feel they can do anything with impunity. I don't know if that applies to this judge, but I think a jury always comes to a more reasoned decision than an individual judge who is often full of prejudices and bias.

 

Spitfire of ATJ

(32,723 posts)
33. I've often drawn the differences between Liberals and Conservatives that way....
Sat May 23, 2015, 07:58 PM
May 2015

Conservatives often come from the DA's office and run on their record of locking people up.

Democrats often come from the Public Defenders office and say they'll fight for you.

NaturalHigh

(12,778 posts)
40. "This should not have been a bench trial."
Sun May 24, 2015, 07:50 AM
May 2015

Everyone has the right to a bench trial in lieu of jury, even if that defendant (gasp!) happens to be a police officer.

 

redruddyred

(1,615 posts)
42. no surpise to me
Sun May 24, 2015, 11:01 AM
May 2015

I've had my dealings with corrupt judges as well.
I wonder if you have any opinions on whether this positions should be elected or not.
tbh these are not races which I pay much attention to, although I probably should.

 

captainarizona

(363 posts)
31. the court of last resort is the street
Sat May 23, 2015, 06:37 PM
May 2015

The court of last resort is not the supreme court but the street. I have been very disappointed in the people of cleveland response to the shooting of the 12 year old black child playing with a toy gun in a park. I hoped they would have had larger demonstrations as this seems to be the only response that will make the police stop misbehaving.

Response to captainarizona (Reply #31)

madville

(7,412 posts)
49. Nine officers also have a discrimination lawsuit pending against the city
Sun May 24, 2015, 06:06 PM
May 2015

Concerning the discipline they received because of this incident. Eight white officers and one Hispanic officer claim they received harsher disciplinary judgments than the black officers involved, the whole thing is a mess.

 

bobjacksonk2832

(50 posts)
56. This shows just how screwed up our justice system is
Mon May 25, 2015, 08:18 PM
May 2015

Our judicial system is designed to protect the powers that be at any cost. And I fear things will only get worse in the future.

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