(CNN)
Nearly
four years after the arrest and death of Sandra Bland, a cell phone
video she recorded of the fateful encounter with a Texas state
trooper has been released, prompting calls to reopen an
investigation.
This
new evidence is a reminder that police brutality and misconduct are
serious problems that persist. Black people still face
criminalization, racial profiling, and violence at the hands of law
enforcement while police
officers
rarely
face
criminal charges or jail time in cases of deadly force.
In
2015, Bland, who moved from Illinois to start a new job at Prairie
View A&M University in Texas, was pulled over near campus for
failing to use her turn signal. Three days after her arrest, she was
found hanging in her Waller County jail cell. Her death was ruled a
suicide.
Reporter
Brian Collister, who filed a records request to the Texas Department
of Public Safety, obtained the cell phone video Bland recorded during
the traffic stop, which was published this week by WFAA
in partnership with the Investigative Network. The 39-second video
shows Texas state trooper Brian Encinia ordering Bland out of the car
and saying, "I am going to drag you out of here," before he
pulls out what appears to be a stun gun and shouts, "I will
light you up."
He
repeatedly demands that Bland get off the phone -- and even though
she says she has a right to record, the video ends shortly after
Encinia tells her to put the phone down for the third time. In
the arrest warrant,
Encinia wrote that he arrested Bland for "assault on a public
servant," and claimed she swung her elbows at him and kicked
him.
This
new evidence -- which Bland's family said
was withheld from them
-- seems to disprove Encinia's claim that he had feared for his life.
He was fired in 2016 and indicted on a perjury charge, which was
dismissed
in 2017
after he permanently surrendered his law enforcement license.
Bland's
sister Sharon Cooper said the family filed a civil rights lawsuit
following the 28-year-old's death because they "weren't getting
answers" after multiple inquiries into the case. On Tuesday, she
told
CNN,
"The revelation of this video existing to us and it not being
revealed to us throughout the duration of the case at all, what that
does is that puts our trust in them and their credibility on shaky
ground with regard to taking what they share with us at face value."
The
Texas Department of Public Safety said the video was "provided
to all parties
as part of the discovery process and was available to the media on
request."
The
circumstances surrounding Bland's death, which sparked national
outrage at the time, and the results of the subsequent investigation
are unfortunately all too familiar. And Encinia's claim that he
feared for his life is one we've
heard before.
Often, police officers justify the taking of a life -- particularly a
black life -- on the grounds that they
feared for their lives
and acted in self-defense.
This
defense can be a winning strategy, especially when juries will give
police officers the benefit of the doubt in a nation where black
people are too often regarded as a menace and a threat to public
safety. The legal standard for police to justifiably use deadly force
varies from state to state, but is basically whether a
"reasonable" officer would
do the same in that same situation, rather
than whether the victim actually posed a real threat.
This fear defense is a nebulous standard
for police,
who are provided broad leeway to use force to restore order and
maintain public safety.
Researchers
have repeatedly
documented the mental associations
Americans make between blackness, criminality and violence. The fear
of black people is often normalized and the abuse of black people in
contact with the police is justified under the cloak
of this fear.
Tulsa
Officer Betty Jo Shelby, who is white, was acquitted of manslaughter
after she fatally shot Terence Crutcher, an unarmed black man. During
the trial, she told the court she fired her weapon because she feared
for her life.
Now, Shelby is teaching an
NRA firearms course.
Similarly,
the officers who killed Philando Castile and Michael Brown claimed
they feared for their lives -- and avoided punishment (Officer
Jeronimo Yanez was found not
guilty
of second-degree manslaughter and intentional discharge of a firearm
that endangers safety in Castile's death. In Brown's case, a grand
jury declined
to indict
Officer Darren Wilson).
Less
than two weeks ago, however, a black Minneapolis police officer
Mohamed Noor was convicted for murdering a white victim named Justine
Ruszczyk, while her family received a $20
million settlement
from the city of Minneapolis. During the trial, the prosecutor
suggested Ruszczyk did not appear threatening because she
had blonde hair and wore a pink t-shirt.
The prosecutor, who seemed to insinuate that white women are not
threatening and that black people are, articulated assumptions about
race
and criminality
that have been an American reality since the
days of slavery.
Black
people are often
disproportionately
targeted
when
it comes to stop-and-frisk practices, traffic stops, and misdemeanor
arrests. They also make up a disproportionate number of police
killing victims.
And
racial bias plays a role in schools as well. Black girls, for
example, are 5.5
times more likely to be suspended
than their white counterparts, according to a National Women's Law
Center report. Researchers concluded the disparity was not the result
of misbehavior, but the racist and sexist stereotypes of black girls
and women as angry, aggressive or promiscuous.
It
was far too easy to dismiss Sandra Bland as an angry black woman who
was arrested for her bad attitude. She knew her rights. Those who
place blind faith in law enforcement argue that violence can be
avoided by simply complying with officers' demands. But for black
people, even following orders and doing the right thing can still
lead to tragedy.
And even though many black parents talk to their children about what
to do if they are stopped by the police, that information is neither
a magic wand nor a bulletproof vest.
Despite
calls
from presidential candidates
Julian Castro, Beto O'Rourke and others to reopen the criminal case
in Bland's death, the special prosecutor, who had access to the video
when Encinia was indicted on a perjury charge, has
not budged.
It leaves many people asking if evidence was withheld. Did Sandra
Bland really commit suicide? And were other families denied crucial
answers to the deaths of their loved ones?
This commentary was originally published by CNN.com
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