EUTAWVILLE, S.C. — As communities around the nation protest decisions not to charge officers who have injured or killed suspects, South Carolina prosecutors have obtained indictments against three white officers for on-duty shootings of unarmed black men in the past four months.
It might seem unusual that officers would face charges in a law-and-order state like South Carolina. But a former prosecutor with some high-profile cases under his belt said officials are acutely aware that people think there is a good ol' boy network in the state and are extra careful to give cases involving police officers the highest level of scrutiny.
"As prosecutors, you are well aware of that stereotype and so you go that extra mile to make sure justice is done," said state Rep. Tommy Pope, who served 13 years as a chief prosecutor and perhaps is best known for his prosecution of Susan Smith, who was convicted of drowning her two sons in a lake.
It took nearly four years for a grand jury to hand down a murder indictment in the latest South Carolina shooting. A white former police chief and at the time the only officer in the small town of Eutawville (YOO'-tah-vihl) was charged Wednesday in the 2011 shooting death of an unarmed black man after an argument, a case that instantly drew comparisons to the Ferguson, Missouri, shooting and the chokehold death in New York.
Richard Combs' lawyer accused prosecutors of taking advantage of national outrage toward police and the justice system to get the indictment.
"He's trying to make it racial because his timing is perfect," attorney John O'Leary said. "He's got all the national issues going on, so they want to drag him (Combs) in and say, look what a great community we are here, because we're going to put a police officer who was doing his job in jail for 30 years. That's wrong. That's completely wrong."
Prosecutor David Pascoe said he had always planned to seek a murder charge if a judge threw out the former chief's "stand your ground" self-defense claim, which happened last month.
The family of Bernard Bailey welcomed the indictment. They already settled a civil lawsuit against Eutawville for $400,000. Their attorney said the recent indictments in the state may show a greater concern for justice in South Carolina, a state with a painful history of injustice toward blacks, than elsewhere in the U.S.
"We don't know what brand of justice they serve in Ferguson. We don't know what brand of justice they're serving in New York City. But here in South Carolina, we believe in the jury system, and we believe in what the grand jury has brought as a charge with this indictment," attorney Carl B. Grant said.
Combs, 38, had previously been charged with misconduct in office for the shooting. He had faced up to 10 years.
In August, a North Augusta officer was charged with misconduct in office in the shooting death of a 68-year-old unarmed black man at his home after a chase. A state trooper was charged with assault and battery of a high and aggravated nature in September when he shot a driver he had pulled over as the man reached in his car to get his wallet. That shooting was captured on the trooper's dashboard camera and shown around the world. Both officers are awaiting trials.
Pope isn't involved in any of the cases. But he knows Pascoe and other prosecutors across the state and said he knows they don't want to appear to be giving anyone preferential treatment.
"Law enforcement, due to the nature of their jobs, are given wide berth," said Pope, who was just voted Speaker Pro Tem of the state House. "But you're sworn to certain things, and when you go outside those requirements, you can't hide behind your badge and gun."
Bailey was shot in May 2011 during an argument over a traffic ticket issued to Bailey's daughter. Combs had gotten an arrest warrant for Bailey after a previous argument over the same issue and followed the 6-foot-6 former prison guard to his truck. The two briefly fought when Combs tried to get inside to turn the ignition, and Combs then shot Bailey, saying he was tangled in the steering wheel and feared for his life if Bailey drove away.
A judge ruled last month that he should have let Bailey leave.
The Justice Department cleared Combs, and state investigators began reviewing the shooting in March 2013.
Bailey's family cautioned against comparing Bailey's killing in this town of 300 residents — one-third of them black — with Ferguson and New York because it's a place where everyone knows everyone.
Combs' case hadn't generated protests like those incited by the decisions in Ferguson and New York. But that could change if the former chief is acquitted at trial next year, said Detrick Jenkins Sr., a neighbor of Bailey's who worked with him at a state prison.
"People probably won't like it and will have a more aggressive attitude," said Jenkins, who is black.
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Collins reported from Columbia, South Carolina. Associated Press reporters Meg Kinnard in Orangeburg, South Carolina, and Curt Anderson in Miami contributed to this report.
COLUMBIA, SC — Columbia police and City Hall, sounding themes of transparency and trust, announced plans Thursday for body cameras and more training of all officers as well as the creation of a commission to investigate discrimination or abuse in any city agency.
Mayor Steve Benjamin said the changes come amid national concerns about mistrust of police, particularly among African-Americans in the wake of deaths in Florida, Missouri and New York of black males at the hands of white officers.
Among the other promised improvements for next year is a pilot project to require detectives to make video and audio recordings of interrogations of suspects in violent crime cases starting early in 2015, Chief Skip Holbrook said at a news conference to discuss a series of changes.
Defense attorneys in last month’s murder trial in the shooting of a mother of four children challenged Columbia police detectives on why they recorded some parts of their interviews of witnesses and suspects and not other parts of the same interviews.
Benjamin said mandated recordings will make the Columbia Police Department the only local police department in Richland and Kershaw counties to have such a procedure.
The proposed improvements also include:
• More training in cultural diversity, dealing with people who are mentally ill or have chronic illnesses, conflict resolution to defuse the likelihood of violence and unconscious discrimination. Details about the training were not released.
• Adding a civilian to the police department’s five- to seven-member internal affairs review board.
• Publishing annual reports on complaints against officers, the resolution of those complaints and a summary of officer-involved vehicle crashes.
• Hiring more minorities so the police force more closely represents Columbia’s diverse population.
• Adding a minority to the police department’s hiring board.
• Intensifying recruitment of minorities.
• Posting in-progress calls to police on the department’s website to more clearly show what officers are doing in near-real time.
• Establishing a seven-member Human Affairs Commission appointed by City Council to review complaints involving any city employee and to propose policies for Columbia government.
“We’re going to have increased focus on accountability,” Benjamin said at police headquarters. “We want to make clear that Columbia is in the vanguard of what it means to build a world-class police department.”
Holbrook said achieving stronger community policing as well as meeting hiring diversity goals are made more difficult by the 45 unfilled positions the department has now on its force of about 400 officers. He said he wants to have enough officers so they have enough time to walk their beats and get to know residents better.
“This will be a several-years process,” Holbrook said.
Benjamin and Holbrook insist the climate in Columbia is different than in places where demonstrations and unrest have gripped communities.
The mayor said the Capital City’s reaction to September’s shooting of a black motorist pulled over near the Columbia city limits for a seat belt violation by a white S.C. Highway Patrol trooper demonstrates “that the relationships are healthy here.” The trooper later was fired and charged. His case has not gone to trial.
“We have a solid foundation of trust to build on,” said Benjamin, Columbia’s first African-American mayor.
Others were more worried about the shooting off Broad River Road, and some in Columbia’s African-American community have called for a forum so that young black men can discuss their concerns and become informed about what to do when stopped by police.
Holbrook, who has been chief for eight months, described the relationship between his police force and the community as “very strong.” But community leaders often tell him “they want to know their police officer.”
Holbrook acknowledges the department needs to be more diverse.
White Columbia police officers comprise 67 percent of the force, black officers are 29 percent and Hispanics 4 percent, according to figures from the mayor’s office. Columbia is 50 percent Caucasian, 41 percent African-American and 7 percent Hispanic, the figures show.
“We can do better than that,” the chief said of the 67-29 percent officer comparison. Then Holbrook added that the department’s racial makeup is more representative of diversity than the national average.
The chief and the mayor pledged that the entire force will have body-worn cameras by the end of next year. If U.S. Justice Department matching grants Columbia is seeking and the police budget do not cover the full cost, City Council will make up the difference, Benjamin said.
Holbrook estimates it will cost about $250,000 to equip every officer with body cameras. Holbrook launched a pilot program in August using 12 cameras for officers in the city’s key entertainment and commercial districts.
Though Columbia is to open its hiring practices and police-review processes to civilians, the State Law Enforcement Division will continue to investigate all officer-involved shootings, Holbrook said.
He would not be precise about when the first of the yearly reports on complaints against officers and vehicle crashes will be released. “Some time after the first of the year,” he said.
Holbrook said he will appoint a civilian to the internal affairs board by the end of March. So far this year, 162 complaints have been filed, according to a police spokeswoman who said that a more refined breakdown was not readily available.
Benjamin said the council-appointed commission will be comprised of appointees by each of Columbia’s seven City Council members and that a city staffer will be assigned to work with the commission. Asked when the commission will be selected, he said “soon.”
Acknowledging the difficulty of achieving the goals announced Thursday, the mayor said, “You don’t build community trust with one press conference.”
Post by downtoearth on Dec 5, 2014 14:48:33 GMT -5
Wow, it sounds like orangeblossom 's article shows that the prosecution is really unbiased and trying their best to get indictments so that juries can hear the facts. I applaud those prosecutors.
Plus gazpacho 's article is exactly what I said earlier. I wanted to hear about police departments that are recognizing the systemic racism in their communities/forces and addressing it with the public. The last line is progress IMO,
Acknowledging the difficulty of achieving the goals announced Thursday, the mayor said, “You don’t build community trust with one press conference.”