The Philando Castile Verdict Was a Miscarriage of Justice
The Philando Castile Verdict Was a Miscarriage of Justice
The National Review (YES, REALLY, I'M AMAZED) By: David French
June 17, 2017
Yesterday, a Minnesota jury acquitted St. Anthony, Minnesota, police officer Jeronimo Yanez of second-degree manslaughter charges in the shooting of Philando Castile. In considering the rightness of the verdict, pay close attention to the transcript of the fatal encounter.
Here it is, via CNN:
9:05:00 p.m. Castiles vehicle came to a complete stop.
9:05:15 9:05:22 p.m. Yanez approached Castiles car on the drivers side.
9:05:22 9:05:38 p.m. Yanez exchanged greetings with Castile and told him of the brake light problem.
9:05:33 p.m. St. Anthony Police Officer Joseph Kauser, who had arrived as backup, approached Castiles car on the passengers side.
9:05:38 p.m. Yanez asked for Castiles drivers license and proof of insurance.
9:05:48 p.m. Castile provided Yanez with his proof of insurance card.
9:05:49 9:05:52 p.m. Yanez looked at Castiles insurance information and then tucked the card in his pocket.
9:05:52 9:05:55 p.m. Castile told Yanez: Sir, I have to tell you that I do have a firearm on me. Before Castile completed the sentence, Yanez interrupted and replied, Okay and placed his right hand on the holster of his gun.
9:05:55 9:06:02 p.m. Yanez said Okay, dont reach for it, then. Castile responded: Im
Im
[inaudible] reaching
, before being again interrupted by Yanez, who said Dont pull it out. Castile responded, Im not pulling it out, and Reynolds said, Hes not pulling it out. Yanez screamed: Dont pull it out, and pulled his gun with his right hand. Yanez fired seven shots in the direction of Castile in rapid succession.
The seventh shot was fired at 9:06:02 p.m. Kauser did not touch or remove his gun.
9:06:03 9:06:04 p.m. Reynolds yelled, You just killed my boyfriend!
9:06:04 9:06:05 p.m. Castile moaned and said, I wasnt reaching for it. These were his last words.
9:06:05 9:06:09 p.m. Reynolds said He wasnt reaching for it. Before she completed her sentence, Yanez screamed Dont pull it out! Reynolds responded. He wasnt. Yanez yelled, Dont move! F***! If you read carefully, youll note that it appears that the officer shot Castile for doing exactly what the officer told him to do.
Yanez asked for Castiles license. Castile told him that he had a gun, and the officer rather than asking for his carry permit, or asking where the gun was, or asking to see Castiles hands just says, Dont reach for it then. At that point, Castile is operating under two commands. Get his license, and dont reach for his gun.
As Castile reaches for his license (following the officers orders), and he assures him that hes not reaching for the gun (also following the officers orders). The entire encounter, he assures Yanez that hes following Yanezs instructions. He died anyway.
Yes, the evidence indicates that Yanez was afraid for his life. He thought he might have been dealing with a robber (a fact he apparently didnt tell Castile), and he testified that he smelled marijuana. But Castile was following Yanezs commands, and Its simply false that the mere presence of a gun makes the encounter more dangerous for the police. It all depends on who possesses the gun. If hes a concealed-carry permit-holder, then hes in one of the most law-abiding demographics in America.
In recent months weve seen a number of cases where courts have excused police for shooting citizens even after the police made mistakes and the citizens were doing nothing wrong simply because these citizens were exercising their Second Amendment rights. This is unacceptable, and it represents the most extreme possible deprivation of civil rights and civil liberties. I understand the inherent danger of police work. I also understand the legal responsibilities of men and women who volunteer to put on that uniform, and the legal rights of the citizens theyve sworn to protect and serve. Im aware of no evidence that Yanez panicked because Castile was black. But whether he panicked because of race, simply because of the gun, or because of both, he still panicked, and he should have been held accountable.
The jurys verdict was a miscarriage of justice.
http://www.nationalreview.com/corner/448740/philando-castile-verdict-was-miscarriage-justice
I post this mainly because I'm amazed this came from the right. But it's also well-written and well-reasoned.
FM123
(10,053 posts)MosheFeingold
(3,051 posts)And not identified himself as possessing a firearm, the officer would presumably have never known, and he'd be alive.
dreamland
(964 posts)There doesn't seem to be any justice. It's either their side or ours. And their side does not deal with reaason. And our side is too afraid to speak up. My heart breaks watching them f*ck with justice.
MosheFeingold
(3,051 posts)It's an interesting case (intellectually to me as an old lawyer and former cop), in that the policeman was also black, so the usual racial dynamic is not there.
Or maybe it is, and black men are perceived as suspects to black men.
Or maybe black cops are just like white cops.
Back when I was a cop, I literally walked the beat in a mixed-race, lower-income, neighborhood. I knew basically everyone in the neighborhood (and they knew me), lived nearby, and knew who the trouble makers were without resort to something so clumsy as racial stereotypes.
I could also do things like drag a wanna-be-gangbanger to his grandpa for an ass-whipping for doing something stupid, which, crude as it is, worked like a charm.
BigmanPigman
(51,593 posts)His girlfriend was calm compared to how I would've reacted. How can anyone see the video and NOT vote guilty?