Are
we witnessing the new normal, a new phase in the erasure of Black
lives?
If
recent events in Tulsa, Oklahoma are any indication, it’s time
for us to wake up and pay attention.
Betty
Shelby,
the ex-Tulsa police officer who killed an unarmed Black man named
Terence Crutcher, 40, in September 2016 was charged
with first degree manslaughter
and found not guilty in May of his year.
Wednesday,
a judge went even further and expunged
Shelby’s record,
sealing all court documents and erasing
the incident
in the eyes of the law. As Tulsa
World
reported, Shelby claimed she “faces dangers of unwarranted
adverse consequences” if the case was not expunged. With regard
to the manslaughter charge, the judge’s order allows Shelby to
say that “no such action ever occurred and that no such record
exists.”
It’s
as if it never happened, because who should have their life and
career tarnished over the taking of another life?
A
Black life?
Things
suddenly went from great to fabulous for Shelby. On August 3, she
resigned from the Tulsa Police Department. Not more than a week
later, less than a year after taking Crutcher’s life, she
became a reserve deputy with the Rogers County Sheriff’s
Office.
Because
Blue Lives Matter.
According
to her new boss, Sheriff Scott Walton, Shelby will “bring a lot
to the table” with 10 years of experience. Apparently, the
killing of an unarmed Black man in her portfolio did not dissuade her
new employer, and maybe it even sealed the deal. Given that
Shelby–like so many other cops–not only get a pass but
are rewarded for shooting
civilians, it is no wonder why violent, trigger-happy officers are
allowed to commit more crimes and take more lives.
Under
state law, the record is sealed and stored for 10 years, during which
time someone may file a petition to unseal it, and a judge could
unseal some or all of the file if circumstances change or if there is
a compelling reason. Otherwise, the record is destroyed.
In
a country where police kill a lot of people and almost never face
discipline, much less indictment, it is not surprising that officers
can walk away and pretend they didn’t do what we all know they
did.
Police
enjoy union contracts and a bill of rights that make it difficult to
hold them accountable for violence and misconduct. According to
Campaign
Zero,
of 4,024 or more people killed by police between 2013 and 2016, only
85 cases led to a criminal charge, and only 6 resulted in a
conviction.
A
review by Check
the Police
of police union contracts in 81 of the largest 100 cities and police
bills of rights in 14 states found that 72 of cities and 13 of states
had at least one barrier to police accountability, while 63 cities
and 12 states had three or more provisions against accountability.
Many
of these agreements disqualify certain complaints from being
investigated or disciplined, restricts the interrogation of police
officers, allow officers under investigation access to information
that are denied to ordinary civilians, and prevent an officer’s
past misconduct to be considered in future cases. In many cases,
cities must provide the officer’s paid leave, legal fees and
settlement payments. And in 43 cities and 3 states, they erase the
officer’s record of misconduct after as little as two years.
Some
of this nonsense may be taking place in a city near you. For example,
Chicago’s police union contract shields violent offenders from
public scrutiny and requires that police misconduct records are
destroyed. In St. Louis, the police union has blocked civilian
oversight from having the power to discipline officers, while Austin
police block civilian oversight boards from having subpoena powers.
Portland
police are protected from “embarrassment,” while
Baltimore police who kill get to keep their pay. Cleveland police
have their discipline records erased, San Antonio delays
investigation of police officers for 48 hours.
In
Seattle, the police contract guarantees officers cannot be
disciplined if an investigation is not completed in 18 days. And
thanks to the Columbus police union contract, civilian complaints not
filed within 60 days are disqualified.
None
of this should work this way. And while nobody is above the law, the
cops can skirt the law and put it all in writing. Law enforcement
unions never embraced the labor movement. Their collective bargaining
agreements are supposed to ensure due process and fair treatment of
their workers, not deny citizens their dignity and their rights.
“Police
unions across the country have used the collective bargaining process
to circumvent basic tenets of accountability, transparency, and
fairness. In short, as a result of these contracts police officers
operate by a completely different set of rules,” Campaign Zero
said.
“In many cases, the problematic clauses contained within these
contracts appear harmless on the surface but, as our analysis shows,
they impose severe restrictions on the ability of police departments
and civilian oversight structures to hold officers accountable for
police violence.”
What
is the solution? The people must take it all back.
The
Movement for Black Lives calls for community
control of all law enforcement agencies,
including the power to hire and fire police, discipline bad cops,
determine their budgets and policies, and subpoena information from
their departments. Until those impacted by police violence have the
power to regulate bad apples and rein them in, nothing will change,
and the bodies of Black folk like Terence Crutcher will continue to
litter the streets like roadkill.
When
it comes to the erasure of Black people shot to death by bad cops,
Betty Shelby is only the tip of the iceberg.
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