Federal prosecutors announced Friday there would be no charges in the shooting of Jacob Blake. After unsuccessfully trying to detain him, Kenosha officer Rusten Sheskey shot Blake, who is now paralyzed from the waist down.
Sheskey maintains he both acted in self-defense and was trying to keep Blake from driving away, despite shooting Blake in the Blake multiple times. Despite pledges to pursue justice, the Department of Justice under the Biden administration still has to follow the same rules as prior administrations.
A familiar story, reactions across Twitter highlighted the wild result of an officer shooting someone at point-blank range without any accountability. Scott Hechinger, who runs an organization providing support to public defenders, noted that Sheskey returned to work without any form of discipline.
Without meaningful federal police reform, federal guidance remains slanted toward absolving officers. D.C.-based justice journalist Chuck Modi tweeted, “a system that says there is not even enough information to TALK about convicting [a] cop is a system that needs to be abolished.”
The system is not broken; it is working as intended. Internal guidance for the Department of Justice explained that action against law enforcement is governed by a federal criminal statute 18 U.S.C. § 242, which states in part: “Whoever, under color of any law, …willfully subjects any person…to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States [shall be guilty of a crime].”
The guidance further explains how prosecutors should evaluate the available evidence to determine whether an officer violated Section 242.
Section 242 is intended to “protect all persons in the United States in their civil rights, and furnish the means of their vindication.” Screws v. United States, 325 U.S. 91, 98 (1945) (quoting legislative history).
To prove a violation of § 242, the government must prove each of the following elements beyond a reasonable doubt: (1) that the defendant deprived a victim of a right protected by the Constitution or laws of the United States, (2) that the defendant acted willfully, and (3) that the defendant was acting under color of law. A violation of § 242 is a felony if one of the following conditions is met: the defendant used, attempted to use, or threatened to use a dangerous weapon, explosive or fire; the victim suffered bodily injury; the defendant’s actions included attempted murder, kidnapping or attempted kidnapping, aggravated sexual abuse or attempted aggravated sexual abuse, or the crime resulted in death. Otherwise, the violation is a misdemeanor.
The guidance explains that establishing intent requires the officer to know their action was wrong and do it anyway. “Therefore, even if the government can prove beyond a reasonable doubt that an individual’s Constitutional right was violated, § 242 requires that the government prove that the law enforcement officer intended to engage in the unlawful conduct and that he/she did so knowing that it was wrong or unlawful,” continued the guidance citing the case Screws v. United States.
Further, the federal statute prohibits the prosection of “mistake, fear, misperception, or even poor judgment” under the law. Given the limited nature of federal intervention, state and local action are critical in the interim.
This is 27 year old Antwan Gilmore. He was killed YESTERDAY by DC police. The cop found him asleep in his car, tapped on the window, and immediately fired multiple shots and killed him. pic.twitter.com/cYUgNuR47m
he was only 21 years old, he refused to leave a parking lot and they shot him 24 times. his name was ryan leroux, we need to get him justice. pic.twitter.com/0C63gketSS
Demetrius Stanley was murdered by plain clothes police officers two nights ago. They came in an unmarked van and were stalking the outside of Demetrius’ family home. He went outside to check and they shot him from inside their car. They never ID themselves. #ripmeech#blackpowerpic.twitter.com/qYL1GHNsho
— B.L.A.C.K. Outreach (@blackoutreachsj) June 2, 2021
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7. Ashton Pinke, 27
27-year old Ashton Pinke was shot-and-killed by Mesquite Police Department officers, today. Investigators report he charged with a “knife and a club” following a 911 hang-up call by a screaming woman. Family members question the report. Our full story airs on @FOX4 at 9/10. pic.twitter.com/SD2AAK76p3
At 5 @wsbtv: the family of 35 year old Matthew Williams are demanding that body camera footage of his shooting death be released. Dekalb police shot & killed Williams at his home Monday. They say he lunged at officers with a knife. Family say he was running away from officers pic.twitter.com/Ky4ssoYTFp
JUSTICE FOR MCHALE ROSE!
Mchale was killed by 4 officers within hours of the killing of Dreasjon Reed. Because of this, his story has gotten clouded and we need awareness! Mchale was a personal friend of mine and the sweetest boy ever. He & his family deserve justice! pic.twitter.com/SutjQn4fjy
Xzavier Hill’s family deserves justice. Virginia laws do not require the VSP to release footage, nor to wear body cameras. He was 18, and his whole life was ahead of him.
An attorney who has represented the families of George Floyd and Breonna Taylor says he is now working for the family of Andre’ Hill, the man killed by a Columbus police officer early Tuesday.https://t.co/9yXaqYKHfu
Joshua Feast was fatally shot in the BACK by La Marque PD officer Jose Santos as he was running away, posing no threat. Witnesses report Santos refused to render aid to Joshua after shooting him AND then kicked his body, already debilitated by the bullet. #JusticeForJoshuaFeastpic.twitter.com/zO46PCsGzO
27. Marcellis Stinnette, teen killed by police in Waukegan, Illinois
Source:Twitter
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28. Jonathan Price
The Texas police officer who fatally shot Jonathan Price has been arrested and charged with murder. His bail has been set at 1 million dollars. I’m glad. RIP Jonathan, rest in power. pic.twitter.com/Mw5GMQX0Eb
The killing of Daniel Prude by Rochester police officers is unacceptable, and we need real answers for why this happened and why it took so long to come out.
Trained medical professionals should respond to mental health crises, not armed officers. pic.twitter.com/EPhH9inn1x
This is #DijonKizzee, 29 yrs old and shot and killed by LA Sheriffs after being stopped for a bike violation. Cops handcuffed his lifeless body. While police investigations can drag on for months/years, cops have already claimed he ran away, and dropped clothes and a gun. #BLMpic.twitter.com/pM6mQfWLeQ
in an attempt to disperse crowds, #DavidMcAtee, a louisville bbq chef known for serving cops free meals, was shot and killed by the police last night. he was unarmed. not only were the officers’ bodycams off, but they also left his body on the street for 12 hours.
say his name. pic.twitter.com/kqOPku8iuQ
They murdered my cousin. How do you have someone in handcuffs and in a seat belt and shoot them multilpe times.All cops aren’t bad but those were. I will fight with the last breath in me for justice. William Green was a family man, a working man. Funny. Loving. Love and miss you. pic.twitter.com/PhM3a6C7uj
This is a 2019 mugshot of the murder suspect Cobb police shot & killed today. Samuel Mallard, 19, was previously arrested for impersonating officers a half dozen times. In the 2020 case, the GBI says he’s involved in a murder/robbery. CCPD says there are other suspects. @wsbtvhttps://t.co/7EfuVQLmNBpic.twitter.com/ttWg5HjFkj
Former Officer Robert Olsen killed Anthony Hill over four years ago and was finally convicted (not of murder). Will get get the Amber Guyger treatment? #AnthonyHillhttps://t.co/HZVf3tOEOL
Two lawyers representing the estate of 54-year-old Eric Logan, who was shot and killed by a South Bend police officer, have sued that officer, Sgt. Ryan O’Neill and Mayor Pete Buttigieg.
This is Jaquavion Slaton, the 20-year-old who was was shot & killed by Fort Worth Police on Sunday. Community demanding release of body camera video, but FWPD hasn’t said when/if that will happen. #WFAApic.twitter.com/iakQyWrRCl
Patrick Harmon was shot and killed by police in Salt Lake City, Utah. The district attorney says the shooting was “legally justified.” pic.twitter.com/zYBOwlTzRb