Ohio patrolman acquitted in 2 deaths amid 137-shot barrage

[Lite Beer]

Ohio patrolman acquitted in 2 deaths amid 137-shot barrage
MARK GILLISPIE, Associated Press

CLEVELAND (AP) — A white Cleveland patrolman who fired down through the windshield of a suspect's car at the end of a 137-shot barrage that left the two unarmed black occupants dead was acquitted Saturday of criminal charges by a judge who said he could not determine the officer alone fired the fatal shots.

Michael Brelo, 31, put his head in hands as the judge issued the verdict that was followed by angry, but peaceful, protests: Outside the courthouse police blocked protesters from going inside while across the city others held a mock funeral with some carrying signs asking, "Will I be next?"

The acquittal came at a time of nationwide tension among police and black citizens punctuated by protests over the deaths of black suspects at the hands of white officers — and following a determination by the U.S. Department of Justice that Cleveland police had a history of using excessive force and violating civil rights.

Before issuing his verdict, Cuyahoga County Common Pleas Judge John P. O'Donnell reflected on the unrest. "In many American places people are angry with, mistrusting and fearful of the police," he said. "Citizens think the men and women sworn to protect and serve have violated that oath or never meant it in the first place."

But O'Donnell said he would not "sacrifice" Brelo to an angry public if the evidence did not merit a conviction.

Brelo — who fired a total of 49 shots, including 15 down through the windshield while standing on the hood of the suspects' vehicle — faced as many as 22 years in prison had the judge convicted him on two counts of voluntary manslaughter in the deaths that happened after Timothy Russell's beat-up Chevy Malibu backfired outside police headquarters on Nov. 29, 2012.

Russell's sister, Michelle Russell, said she believed Brelo would ultimately face justice.

"He's not going to dodge this just because he was acquitted," she said. "God will have the final say."

The U.S. Justice Department, U.S. Attorney's Office and the FBI will review the testimony and evidence and examine all available legal options, said Vanita Gupta, head of the Justice Department's Civil Rights Division.

About 200 people walked in a mock funeral procession that had already been planned to mark six months since another deadly shooting that sparked anger in Cleveland's black community: the killing of Tamir Rice, a black 12-year-old carrying a pellet gun who was shot by a white rookie officer in a park. Protesters carried a black, plywood coffin and softly sang a spiritual.

Some carried signs saying "I Can't Breathe" and "Freddie Gray Lynched," references to a pair of deadly police encounters: the chokehold death of Eric Garner in New York City and the death of a Baltimore man who suffered a spinal injury while in custody.

After the verdict, sheriff's deputies stood in front of the courthouse carrying clear shields as protesters chanted "Hands up! Don't shoot!" — a rallying cry linked to the death of 18-year-old Michael Brown in Ferguson, Missouri. Demonstrators later marched through the streets toward the recreation center where Rice was killed.

Brelo waived his right to a jury trial, opting instead to have the judge hear the testimony and render a verdict.

When he took the bench, O'Donnell spent nearly an hour explaining his decision, even using mannequins marked with the gunshot wounds the two motorists suffered.

Brelo could have been convicted of lesser charges, but O'Donnell determined his actions were justified following the chase, which included reports of shots fired from Russell's car, because officers perceived a threat.

Brelo's lead attorney, Patrick D'Angelo, said Brelo had been unfairly prosecuted in a case that he called a "blood fight."

"Officer Brelo risked his life on that night," D'Angelo said.

Cuyahoga County prosecutor Tim McGinty said he respects the judge's decision and urged others to do so, as well. He said the case illustrated hard truths.

"This tragic experience has already forced a culture change within the division of police and a needed reexamination of the use of deadly force," he said.

Thirteen officers fired at the car with Russell and Malissa Williams inside after a 22-mile (35-kilometer) chase that involved 62 marked and unmarked cars and reached 100 mph (160 kilometers). Brelo was the only officer charged because prosecutors said he waited until the pair was no longer a threat to fire his final 15 rounds.

Russell, 43, and Williams, 30, were each shot more than 20 times. Prosecutors argued they were alive until Brelo's final salvo but medical examiners for both sides testified they could not determine the order in which the deadly shots were fired.

Brelo has been on unpaid leave since he was indicted last May. Police Chief Calvin Williams said it will continue during disciplinary reviews for him and the other 12 officers.

Authorities never learned why Russell didn't stop. He had a criminal record including convictions for receiving stolen property and robbery and had been involved in a previous police pursuit. Williams had convictions for drug-related charges and attempted abduction. Both were described as mentally ill, homeless and addicted to drugs. A crack pipe was found in the car.

The shooting helped prompt an investigation by the Department of Justice, which concluded the department had engaged in a pattern and practice of using excessive force and violating civil rights. The city and DOJ are currently negotiating over reforms.

In addition to the charges against Brelo, a grand jury charged five police supervisors with misdemeanor dereliction of duty for failing to control the chase. All five have pleaded not guilty and no trial date has been set.

"Our pursuit of justice for Timothy Russell and Melissa Williams is not over," McGinty said.

____

Associated Press writers Andrew Welsh-Huggins and John Coyne contributed to this report.

-- (c) Associated Press 2015-05-24

[JetsetBkk]

49 shots while standing on the hood? Didn't he think after the first couple of dozen that maybe the "danger" had passed?

[casualbiker]

I'm no expert on handgun's (presuming it was) but 49 shots would be at least 3-4 magazines. Right?

[GaryB1263]

It's important to pull over and keep your hands visible when you are pulled over in any large city in the US. I thought I would say that in case anyone is clueless. Police in the US will and are authorized to use deadly force. They will shoot you if you flee at over 100 MPH because you are showing willful disregard for the public's safety.

[NeverSure]

The police could shoot you while you are going fast and recklessly because you are a menace to the public. That circumstance stops when the car stops. Edit. If he displayed a gun, all bets are off.

By far most police that I know about carry a Glock model 17 in .40 S&W caliber and it holds 17 rounds. The article actually says: "Brelo — who fired a total of 49 shots, including 15 down through the windshield."

So he fired less than the capacity of one magazine through the windshield.

I'll want to wait until the dust settles to find out why so many shots were fired by him and other officers and what went down and why, after he stopped.

Edited May 24, 2015 by NeverSure

[Anthony5]

So he fired less than the capacity of one magazine through the windshield.

Wow, give the man a medal for self control, firing less than a whole magazine at victims that were visible unarmed from the position where the killer was standing.

[NeverSure]

I didn't say the magazine was full, LOL.

[jpinx]

quote from BBC...

"But the judge said that as other officers had fired in a 137-shot barrage, he could not rule beyond reasonable doubt that Mr Brelo was responsible for the deaths."

... sounds like "reasonable doubt" is the culprit here.....

[chuckd]

I didn't say the magazine was full, LOL.

You also never said the suspects were unarmed but let's not let facts get in the way of a good story.

This might have had something to do with the Judge's decision:

From the OP:

"... O'Donnell determined his actions were justified following the chase, which included reports of shots fired from Russell's car, because officers perceived a threat."

[Anthony5]

I didn't say the magazine was full, LOL.

You also never said the suspects were unarmed but let's not let facts get in the way of a good story.

This might have had something to do with the Judge's decision:

From the OP:

"... O'Donnell determined his actions were justified following the chase, which included reports of shots fired from Russell's car, because officers perceived a threat."

And more from the OP, actually in bold and first line, so I wonder how you could have overlooked it.

A white Cleveland patrolman who fired down through the windshield of a suspect's car at the end of a 137-shot barrage that left the two unarmed black occupants dead

[GaryB1263]

The men did not have firearms but their deadly weapon was the car. You have to stop if the cops pull you over. End of Story. It sounds like they were still trying to escape in the car after they crashed into a schoolyard.

[RuamRudy]

The men did not have firearms but their deadly weapon was the car. You have to stop if the cops pull you over. End of Story. It sounds like they were still trying to escape in the car after they crashed into a schoolyard.

And the cops only have to stop when they run out of bullets...

[GaryB1263]

The men did not have firearms but their deadly weapon was the car. You have to stop if the cops pull you over. End of Story. It sounds like they were still trying to escape in the car after they crashed into a schoolyard.

And the cops only have to stop when they run out of bullets...

They are trained to shoot until the threat is stopped.

[jpinx]

The usual apologies for the racist actions of a heavily armed society. One wonders what would happen if a white couple had a few too many beers and didn't stop when hailed by a chasing police car. Would the same officer have climbed onto the bonnet and shot them eighty-something times? The mind boggles.

[Chicog]

It's important to pull over and keep your hands visible when you are pulled over in any large city in the US.

It's also quite important to avoid being black.

[muffy]

Why are those people always running from the mam ?

[goreme]

I'll want to wait until the dust settles to find out why so many shots were fired by him and other officers and what went down and why, after he stopped.

Incident occurred in 2012, dust has settled long ago..any other excuses?

[goreme]

The usual apologies for the racist actions of a heavily armed society. One wonders what would happen if a white couple had a few too many beers and didn't stop when hailed by a chasing police car. Would the same officer have climbed onto the bonnet and shot them eighty-something times? The mind boggles.

We know such lethal force would not have been administered had the occupants been white. If it had, and as frequently the case with black victims, you can be sure it would be all over the media and constituents of largely white congress would be in an uproar.

[impulse]

They may have been acquitted, but this is still going to cost the taxpayers of Cleveland $$$ Millions in the civil trials.

I'd be curious to find out if Ohio state law shields police from civil lawsuits, or if their employment agreement indemnifies them. If not, they could be personally bankrupted, too.

[squarethecircle]

Like the cops are going to look the other way if someone is shooting at them or trying to kill them with a car...if the occupant is a certain race.

Actually a solid majority of people that are shot by the police in the US are white. I read about 25-30% are black but watching TV reports on inner city police - like New Orleans and Las Vegas - the law-breakers they come into contact with are typically black. That's another reason for the apparent discrepancy. The fact remains the vast majority of killings of blacks are by other armed blacks. The race-baiting left and the MSM ignore this fact.

[wwest5829]

I'll want to wait until the dust settles to find out why so many shots were fired by him and other officers and what went down and why, after he stopped.

Incident occurred in 2012, dust has settled long ago..any other excuses?

Oops, point taken. The federal report found a pattern of excess.

[impulse]

Like the cops are going to look the other way if someone is shooting at them or trying to kill them with a car...if the occupant is a certain race.

Actually a solid majority of people that are shot by the police in the US are white. I read about 25-30% are black but watching TV reports on inner city police - like New Orleans and Las Vegas - the law-breakers they come into contact with are typically black. That's another reason for the apparent discrepancy. The fact remains the vast majority of killings of blacks are by other armed blacks. The race-baiting left and the MSM ignore this fact.

But the deaths by police actions are just the tip of a pretty big iceberg.

I can see where folks would get worked up over the killing of an unarmed man, but I think the emotion is multiplied when people recall their own interactions with the police- if they were disrespectful, contemptuous, and smacked of discrimination.

I don't agree or disagree with them in general terms. (Strong agreement and disagreement on some specific cases, though). But they have their feelings, their feelings are real- right or wrong, and society dismisses them at our peril.

[Ulysses G.]

We know such lethal force would not have been administered had the occupants been white.

We know no such thing. A 22-mile high-speed chase that involved 62 marked and unmarked cars and reached 100 mph with reports of shots coming from the criminal's car would have resulted in lethal force, no matter what race the driver had been.

[impulse]

We know such lethal force would not have been administered had the occupants been white.

We know no such thing. A 22-mile high-speed chase that involved 62 marked and unmarked cars and reached 100 mph with reports of shots coming from the criminal's car would have resulted in lethal force, no matter what race the driver had been.

I know this is way out in left field, but didn't, say, 50 or more of those 62 cop cars have something else to do? Like patrolling the neighborhoods?

[arjunadawn]

IMO, this sounds nearly the same as the inexcusable BlackWater Fiasco in Iraq- wild and out of control firing. While I am keenly aware how fast a magazine empties and that it only takes a good shooter 1-3 seconds to reload, I cannot get my mental hands around the need to fire this many shots. This sounds like post adrenaline aggression for having dared challenge police authority. It simply does not take this many rounds to subdue a man, or two.

[Johpa]

It's also quite important to avoid being black.

That is true to some extent, but it can be rather unavoidable. It is far more important to avoid being seen by a police officer as being intimidating or threatening and to avoid not responding to any and all commands provided by a police officer. Plenty of Black people pulled over by police every day, and yes often for spurious reasons that are less commonly used to pull over whites (AKA institutional racism), Black people who nonetheless avoid being shot by the same police. Because the bottom line is that lives matter to nobody other than, if your really lucky, your mother and a few close friends.

[sdanielmcev]

We know such lethal force would not have been administered had the occupants been white.

We know no such thing. A 22-mile high-speed chase that involved 62 marked and unmarked cars and reached 100 mph with reports of shots coming from the criminal's car would have resulted in lethal force, no matter what race the driver had been.

I know this is way out in left field, but didn't, say, 50 or more of those 62 cop cars have something else to do? Like patrolling the neighborhoods?

22 miles would have taken them through all the neighborhoods.

[GaryB1263]

IMO, this sounds nearly the same as the inexcusable BlackWater Fiasco in Iraq- wild and out of control firing. While I am keenly aware how fast a magazine empties and that it only takes a good shooter 1-3 seconds to reload, I cannot get my mental hands around the need to fire this many shots. This sounds like post adrenaline aggression for having dared challenge police authority. It simply does not take this many rounds to subdue a man, or two.

So?

[Hachi]

By far most police that I know about carry a Glock model 17 in .40 S&W caliber and it holds 17 rounds. The article actually says: "Brelo — who fired a total of 49 shots, including 15 down through the windshield."

So he fired less than the capacity of one magazine through the windshield.

Most police who you may "know about" that do carry firearms, are quite conversant in the correct model/caliber/mag capacity.

You may have your Glockenspiel out of whack.

Also fyi, some officers may not always carry a full ammunition load in the magazines.

[ggt]

a judge who said he could not determine the officer alone fired the fatal shots

Doesn't this mean that all the police officers who fires shots should be charged with the murder of two unarmed people?