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“I can’t breathe”: black man pleads as police officer punches and chokes him

April 4, 2018 by  
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Johnnie Rush was accused of nothing more than jaywalking. But by the time the Asheville, North Carolina, police stop ended, officer Christopher Hickman had punched him multiple times, used a stun gun on him, and put Rush in a chokehold — leading Rush to at several points echo the words of Eric Garner from New York City and say, “I can’t breathe!”

City officials on Monday released videos of the August encounter. In the footage, Hickman and an officer in training, Verino Ruggerio, seemed to have seen Rush jaywalk, and followed him to a nearby convenience store. After Rush came out of the store, Ruggerio gave him a warning and let him go. But in later videos, Hickman said he saw Rush jaywalk “again and again” — and the officers approached him another time.

There was a back-and-forth. Rush said, “All I’m trying to do is go home, man.” Ruggerio responded, “A direct order to use the crosswalk. Why is that so hard?” After a while, Rush quipped that cops apparently have nothing better to do than “harass somebody about fucking walking.”

At this point, Hickman moved toward Rush, telling Rush to put his hands behind his back. Rush briefly attempted to flee, then stopped as the officers got near him. “He thinks it’s funny,” Hickman said as he chased Rush. “You know what’s funny is you’re gonna get fucked up hardcore.”

Hickman proceeded to beat Rush. He pushed Rush’s head to the ground, leading Rush to say that he can’t breathe. He punched Rush. He zapped Rush with a stun gun. Rush tried to grab the stun gun, at which point Hickman hit Rush in the head with it. Then Hickman put Rush in a chokehold.

Afterward, the officers put Rush in handcuffs and arrested him.

Here is the encounter from Hickman’s perspective:

And here is the perspective of another officer, Luis Delgado, who arrived on the scene as Hickman was using his stun gun:

The city has condemned Hickman’s actions: “What happened in these recordings is unacceptable and does not meet the standards of the Asheville Police Department, the values of the City of Asheville, or the expectations of Asheville residents. Christopher Hickman, who used dangerous and excessive force against Johnnie Rush, was quickly taken off the street, and subsequently resigned from the police department before he was terminated. He currently faces state criminal charges, and is the subject of a federal civil rights investigation.”

The city also said that Ruggerio “was immediately reassigned to another training officer, and has given every indication that he understands that Hickman’s actions were wholly unacceptable, and not up to the standards of a modern, community-oriented police agency.”

A supervising officer, Lisa Taube, was also disciplined and retrained for not responding appropriately in the aftermath of the incident.

The charges against Rush — impeding traffic, trespassing, assault on a government official, and resisting a public officer — were ultimately dropped, according to the Washington Post.

Rush’s case, however, represents a broader problem in the criminal justice system: There are vast racial disparities in how police use force. And these kinds of incidents, in which a stop over a minor offense like jaywalking can escalate into officers beating someone, are a major reason that police have lost so much trust and legitimacy within the black community.

The racial disparities in police use of force

Consider the use of deadly force: Based on nationwide data collected by the Guardian, black Americans are more than twice as likely as their white counterparts to be killed by police when accounting for population. In 2016, police killed black Americans at a rate of 6.66 per 1 million people, compared to 2.9 per 1 million for white Americans.

There have also been several high-profile police killings since 2014 involving black suspects. In Baltimore, Freddie Gray died while in police custody — leading to protests and riots. In North Charleston, South Carolina, Michael Slager shot Walter Scott, who was fleeing and unarmed at the time. In Ferguson, Missouri, Darren Wilson killed unarmed 18-year-old Michael Brown. In New York City, NYPD officer Daniel Pantaleo killed Eric Garner by putting the unarmed 43-year-old black man in a chokehold.

One possible explanation for the racial disparities: Police tend to patrol high-crime neighborhoods, which are disproportionately black. That means they’re going to be more likely to initiate a policing action, from traffic stops to more serious arrests, against a black person who lives in these areas. And all of these policing actions carry a chance, however small, to escalate into a violent confrontation.

That’s not to say that higher crime rates in black communities explain the entire racial disparity in police shootings. A 2015 study by researcher Cody Ross found, “There is no relationship between county-level racial bias in police shootings and crime rates (even race-specific crime rates), meaning that the racial bias observed in police shootings in this data set is not explainable as a response to local-level crime rates.” That suggests something else — such as, potentially, racial bias — is going on.

One reason to believe racial bias is a factor: Studies show that officers are quicker to shoot black suspects in video game simulations. Josh Correll, a University of Colorado Boulder psychology professor who conducted the research, said it’s possible the bias could lead to even more skewed outcomes in the field. “In the very situation in which [officers] most need their training,” he previously told me, “we have some reason to believe that their training will be most likely to fail them.”

Police need to own up to these problems to do their jobs

It’s these type of statistics, along with cases like Rush’s, that explain the distrust between police and minority communities. But more than simple distrust, these issues also make it more difficult for police to do their jobs and stop crime.

There’s a longstanding criminological concept at play: “legal cynicism.” The idea is that the government will have a much harder time enforcing the law when large segments of the population don’t trust the government, the police, or the laws.

This is a major explanation for why predominantly minority communities tend to have more crime than other communities: After centuries of neglect and abuse, black and brown Americans are simply much less likely to turn to police for help — and that may lead a small but significant segment of these communities to resort to its own means, including violence, to solve interpersonal conflicts.

There’s research to back this up. A 2016 study, from sociologists Matthew Desmond of Harvard, Andrew Papachristos of Yale, and David Kirk of Oxford, looked at 911 calls in Milwaukee after incidents of police brutality hit the news.

They found that after the 2004 police beating of Frank Jude, 17 percent fewer 911 calls were made in the following year compared with the number of calls that would have been made had the Jude beating never happened. More than half of the effect came from fewer calls in black neighborhoods. And the effect persisted for more than a year, even after the officers involved in the beating were punished. Researchers found similar impacts on local 911 calls after other high-profile incidents of police violence.

But crime still happened in these neighborhoods. As 911 calls dropped, researchers also found a rise in homicides. They noted that “the spring and summer that followed Jude’s story were the deadliest in the seven years observed in our study.”

That suggests that people were simply dealing with crime themselves. And although the researchers couldn’t definitively prove it, that might mean civilians took to their own — sometimes violent — means to protect themselves when they couldn’t trust police to stop crime and violence.

“An important implication of this finding is that publicized cases of police violence not only threaten the legitimacy and reputation of law enforcement,” the researchers wrote, but “they also — by driving down 911 calls — thwart the suppression of law breaking, obstruct the application of justice, and ultimately make cities as a whole, and the black community in particular, less safe.”

That’s why, especially in the context of racial disparities in police use of force, experts say it’s important that police own up to their mistakes and take transparent steps to fix them.

“This is what folks who rail against the focus on police violence — and pull up against that, community violence — get wrong,” David Kennedy, a criminologist at John Jay College, previously told me. “What those folks simply don’t understand is that when communities don’t trust the police and are afraid of the police, then they will not and cannot work with police and within the law around issues in their own community. And then those issues within the community become issues the community needs to deal with on their own — and that leads to violence.”

Cases like Rush’s feed into the distrust — by signaling to black communities that police aren’t there to protect them but are instead likely to harass them and use excessive force. In that way, these cases make it a lot harder for police to achieve the basic roles they’re meant to fulfill.

For more on American policing’s problems and how to fix them, read Vox’s explainer.

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Thousands of teachers seize Oklahoma capitol building to demand education funding

April 4, 2018 by  
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Thousands of determined and boisterous Oklahoma teachers seized every floor of their state capitol building Tuesday vowing not to leave until lawmakers loosen the purse strings on education funding.

In a show of force, educators stayed out of classrooms throughout the state for a second day and said in unison that they will continue their walkout until the Republican-dominated legislature substantially boosts money for school resources.

“We’ll be back on Wednesday!” chanted the teachers.

Many of them were holding signs reading, “Let’s Start Funding” and “Fund our Future.”

David Wallace/The Republic via USA TODAY NETWORK
Teachers and others fill the inside of the Oklahoma state capitol as they rally on the second day of the Oklahoma teachers walkout, at the capitol in Oklahoma City, April 03, 2018.

“I’m hearing that we have more people today than we had yesterday,” Katherine Bishop, vice president of the Oklahoma Education Association told the crowd to loud cheers. “I just heard that people in the House can hear us. We need to be even louder.”

There were so many people waiting to get into the capitol to speak with lawmakers that officials have occasionally declared the building at capacity and temporarily shut the doors.

Thousands more teachers stood outside the capital as buses filled with educators who kept pouring in from across the state.

The massive classroom walkout caused school districts across the state — including those in the largest cities of Oklahoma City, Tulsa and Norman — to cancel classes for a second day.

Bishop implored to the crowd to skip school for at least the remainder of the week to keep the protest going.

Nick Oxford/Reuters
Teachers pack the state Capitol rotunda to capacity, on the second day of a teacher walkout, to demand higher pay and more funding for education, in Oklahoma City, Okla., on April 3, 2018.

“We have waited too long to have our kids neglected. It’s time to fund us now,” Bishop said.

The teachers are demanding that Republican Gov. Mary Fallin and the state legislature restore funding for education programs and supplies they say have been drastically slashed over the last decade.

Most of the Oklahoma teachers walked out of classrooms across the state to attend the rally in Oklahoma City. Many said they were frustrated with the lack of resources in their schools, and some said they were teaching students about science and technology with textbooks from the 1990s.

The Oklahoma protest came after Fallin signed legislation Thursday granting teachers annual pay raises averaging $6,100, the largest in state history. Oklahoma teachers had been making an average of $45,276 annually, among the lowest for educators nationwide, according to a 2017 report by the National Education Association.

But the teachers’ union had asked for raises of $10,000 a year per teacher, higher pay for support staff and $200 million in education funding over the next three years.

“You can give me two options: If I would choose a raise, or I would choose school funding. And you better believe I’d pick school funding,” high school geometry teacher Charis Davenport told ABC News.

“Our kids are at stake,” she added.

Teacher Joanna Rasp told ABC News she actually works three extra jobs to make ends meet and buy supplies for her students.

“One paycheck goes to my classroom totally,” said Rasp, adding that she works two different tutoring jobs and files papers for her sister’s law firm in addition to her teaching job.

“You love it and that’s why you do it. And I think we’ve been martyrs too long,” Rasp said. “And I think we’ve said to them, ‘it’s OK to treat us this way’ because we’re martyrs. But we just can’t be any anymore. We’re professionals.”

Nick Oxford/Reuters
Alicia Priest, president of the Oklahoma Education Association, addresses teachers at a rally outside the state Capitol on the second day of a teacher walkout in Oklahoma City, Okla., on April 3, 2018.

The legislature has slated $50 million for educational programs and supplies, and Fallin has warned, “we can only do what our budget allows.”

“We must be responsible not to neglect other areas of need in the state such as corrections and health and human services as we continue to consider additional education funding measures,” Fallin said in a statement on Monday.

ABC News has reached out to Oklahoma state legislators and the governor’s office requesting interviews. None have yet agreed.

On Monday, teachers in Oklahoma and Kentucky held massive rallies at their respective capitals, part of a red state revolt that started last month in West Virginia, where educators won their first pay increase in four years going on strike for nine days.

The Kentucky teachers and supporters say their state legislature’s decision last week to overhaul their pension plan was done in backroom deals and without any say from them.

The bill, which is awaiting the governor’s signature, would create a hybrid pension plan for new hires and limit the number of accrued sick days veteran teachers can put toward retirement. Kentucky Gov. Matt Bevin has indicated he supports the bill, but has yet to sign it.

The Republican-dominated Kentucky legislature says the pension reform bill was crafted to help the state cover a $41 billion shortfall in pension costs over the next 30 years. But teachers’ union officials said the overhaul would only generate $300 million in savings over the next three decades.

Bevin released a statement late Monday cautioning that the state needs to be “fiscally responsible.”

“A fiscally responsible budget does not contain unfunded mandates and does not intentionally create budget shortfalls in the future,” Bevin said in his statement. “A fiscally responsible budget does not put the obligation for today’s spending on the backs of our children and grandchildren. A fiscally responsible budget does not kick the can down the road as previous governors and legislators have repeatedly done.”

Nick Oxford/Reuters
Teachers rally outside the state Capitol on the second day of a teacher walkout to demand higher pay and more funding for education in Oklahoma City, Okla., on April 3, 2018.

Most Kentucky public schools are on spring break this week. Some schools that were in session Tuesday were forced to cancel classes when teachers held demonstrations in their home districts. The Kentucky Education Association has not said if it will organize class walkouts next week.

Teacher revolts have been spreading throughout the nation ever since West Virginia teachers walked off the job and forced their Republican majority legislatures and governor to agree to a 5 percent pay raise for all public employees.

“I hope you learned a little bit from West Virginia on what it takes,” Dale Lee, president of the West Virginia Education Association, who attended the Oklahoma rally, said on Monday.

“You’re here for the same reason we had thousands of teachers standing at the capitol in West Virginia: You’re here for the kids,” Lee said to loud applause.

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