Thursday, September 25, 2014

Some Initial Thoughts on the SC Highway Patrolman Shooting in Columbia, SC

If you hadn't already seen this, on September 4, a South Carolina Highway Patrol officer shot a motorist during a traffic stop. They just released the dashboard cam video yesterday. Here's the video.




I've watched the video a few times, and it's clear that this was not a good traffic stop. Also, I'm going to say this up front: This shooting should not have happened. Nothing I am about to say should be construed to justify this shooting. OK? So save all the hate mail.

My initial impression is that things start to go a little sideways when the driver gets out of the car. Normally, you stay in your car at a traffic stop. Pretty much everyone knows that. I think law enforcement officers kind of get their "antenna up" when a driver immediately gets out of the car at a traffic stop.

Having said that, this officer certainly did not handle the situation appropriately. He did not control the environment well, and he did not interact with the driver appropriately. So, even though the driver did not do a good thing by getting out of the car, it's the officer's job to handle that situation.

It appears to me that the officer assumed that the driver was reaching into his car for a weapon. This was a bad assumption. Police officers should not shoot people based on assumptions.

Here are the factors that jump out at me that make this incident really bad;

Obviously, it's a white officer shooting a black driver. So of course, there's the element of race. Would this officer have reacted the same way if the driver had been an elderly white woman? I don't know. But this is the first factor that everyone sees. And it's important to recognize this factor.

The traffic stop seems to have occurred during the day. To me, this factor cuts against the officer. We're not talking about a 2:00AM traffic stop, here. For all the officer knows, this guy is on his way to work or something. The scene is well-lit, and there aren't any obstructions.

According to the WIS piece I linked above, the traffic stop was for a seat-belt violation. Now, it's fair game to stop someone for not wearing a seat-belt, but we're not talking about a felony here. Common sense tells you that stopping someone for a seat-belt violation is different than stopping someone for a serious charge. Again, this factor cuts against the officer. Not wearing your seat belt is a relatively minor violation.

Also, when did the officer draw his weapon? It's not clear from the video, but the first time you see the officer come into view, he already has his weapon drawn, extended, and pointed at the driver. To me, this indicates he already had it drawn. Again, that doesn't seem right.

Those are all bad things. Now for a couple of positives:

The driver is alive. That's the best news. No one is dead. Thank goodness.

Unlike Ferguson, there is a dashboard camera video, so we can all see what happened. We're not relying on eyewitness accounts from people inside the gas station. Remember how all the eyewitness accounts in Ferguson were dramatically different? At least with a video, there is a record of what happened.

The police officer was fired, and charged with a crime. This is probably the most important thing, so I probably should have mentioned it earlier. Law enforcement has to operate under the same laws as you and I do. Therefore, if you or I had shot this man in this situation, it's clear that we would have been arrested. Accordingly, I applaud the authorities for not trying to put the officer on "administrative leave" or some nonsense. You apply the same process to police officers as you do to citizens. This officer is now facing up to 20 years in prison for this incident. That's not inconsequential.

The video was released. This point dovetails into the lat one, but it's commendable that the video was released so we could all see for ourselves what actually occurred. There doesn't appear to be any attempt to sweep this under the rug. And that's very good.

Hopefully, the authorities will continue act in a responsible manner and other law enforcement officers will take this as a moment to really think about how they conduct traffic stops. They have a tough job, but they also have the responsibility to do it correctly. In this incident, the job was not handled correctly.

Anyone else have any other thoughts? There's lots to unpack here.

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