Justice, Accountability and Consequence

The trial of Derek Chauvin and the courage of the jury to find him guilty on all counts is a step in the right direction. No one can watch that video and think differently. There are several points that bear emphasizing.

It is rare for police officers to cross the thin blue line. By necessity police officers watch out for and protect one another. They have each other’s backs, and it’s a good thing. Bravo to the brave officers who were willing to stand up and say there is a limit. Breaking ranks with fellow officers is a really big deal. Let’s hope there is no blow back to them for their actions.

According to Philip Stinson, a professor criminal justice at Bowling Green State University, there have been 140 law enforcement officers who have been arrested for murder or manslaughter resulting from an on-duty shooting in the U.S. since 2005. And of that number, only 44 have been convicted of any crime—usually a lesser offense.

The Chauvin verdict is the equivalent of the jury “throwing the book at him.” Finding him guilty on all counts is significant. Second degree murder is murder that is not pre-meditated, but is intended to inflict bodily harm and shows reckless disregard for human life. Third degree murder is unintentionally causing another’s death while committing a dangerous act. Minnesota is one of only three states that have a third degree murder statute.  Second degree manslaughter is culpable negligence where a person creates an unreasonable risk and consciously takes the chance of causing death or great bodily harm to someone else. Chauvin was found guilty of committing or intentionally aiding in the commission of this crime.

By finding him guilty on all counts, there is no “wiggle” room for his accountability and culpability. His motives and actions are exposed, regardless of his intent. One cannot hold a knee on someone’s neck for over nine minutes and not expect grave bodily injury. The jury made it clear that actions have consequences.

While people are heralding it as a new day in police accountability, it is important to remember that this is one high profile case where one police officer was held accountable. It does nothing to root out systemic racism in police departments. It does nothing to change the techniques and standards of law enforcement when it comes to people of color. The sad truth is that very little will change in policing as a result of this verdict. Indeed, while Chauvin’s trial was underway, a 13 year old black boy was fatally shot by police. Adam Toledo was killed with one shot to the chest when his hands were clearly in the air in a position of surrender. Yes, he may have had a gun, but he had discarded it and was facing the officer with his hands clearly visible.

It takes a lot to change a culture.  First, it needs to be not just a people of color’s problem. It is a problem that belongs to us all. It is important for white people to use our power and influence to stand with Black Lives Matter movements and other efforts to call police to accountability. Sadly, there is evidence that Black Lives Matter protests are primarily drawing people of color. White people are not affected so they don’t participate in significant numbers to create the kind of public pressure needed to effect change. Public outcry to legislators needs to create pressure to change laws and change the current system.

It may be that the greatest improvement in police accountability is the invention of the cell phone video camera. Without the footage shot of Derek Chauvin, which later went viral, there would be no account of what actually happened. It would be a group of people of color against the words of police officers. And we all know how that would turn out.

All this by way of saying, we cannot think for a moment that the reality of police violence against people of color has changed in any significant way. There is still a partisan divide about police violence. Yesterday Democrats and left-leaning social activists celebrated the verdict. The response from Republicans was muted. There were a few who hailed the workings of the legal system and more than a few who claimed ignorance about the trial. The usual suspects, Ted Cruz, Josh Hawley and a few others called for a mistrial in the aftermath of the comments of Maxine Waters, President Biden and Vice President Harris.

Until there can be agreement about the basics of human decency, dignity and morality, we have little hope of meaningful police reform. Keep those video cameras at the ready.

The Hand Says It All

It’s not every day we watch second degree murder on our TV screen. Over and over every day. This, however, is exactly what we witness every day when we turn on the news. The trial of Derek Chauvin, the former Minnesota police officer on trial for killing George Floyd, is being followed nationwide. And the video clip is showed over and over.

Second degree murder is defined as “intentional murder that lacks premeditation. It is intended to only cause bodily harm and demonstrates an extreme indifference to human life. At the moment the murder occurs, the killer definitely intends to kill the victim, but up until that moment, the killer had no plan to commit murder (Findlaw.com).” The prosecution and the defense will do their best to prove why THEY are right.

It does not appear that Derek Chauvin intended to commit murder that morning as he got ready for work. Chauvin didn’t start the day with murder on his mind. Sure, it’s easy to be the Monday morning quarterback when a police officer has to make a split second decision. Except this wasn’t a split second decision. Long after George Floyd was subdued and handcuffed, Chauvin kept his knee on Floyd’s neck.  Floyd cried out that he could not breathe and eventually cried for his deceased mother. There were plenty of opportunities for Chauvin to make a different decision. But he kept his knee on Floyd’s neck and kept his hand in his pocket. He looked completely nonchalant, as if he were ordering a latte from a street vendor.

It’s the hand in the pocket that tells me everything I need to know. He demonstrated utter disregard for Floyd and showed no emotion at all as Floyd’s life evaporated under the pressure of his knee. Chauvin disregarded Floyd’s pleas for help and kept his hand in his pocket and his knee on Floyd’s neck.

There is a reason a nearly universal ban of this type of move to subdue suspects exists. It has a tendency to kill them. Even Chauvin’s own colleagues stated that the knee on the neck was not an approved action. While prior bad acts are not admissible in court, Chauvin has almost twenty complaints for excessive force. Clearly the guy has an anger management problem and perhaps a few others, too.

The motto of many police departments is “to protect and serve.” There isn’t much about this oft seen video that shows George Floyd being protected or served. Police officers are entrusted with public well-being and keeping the peace. They are responsible for following the law and enforcing it.

The role of police officer carries inherent power and authority. It is entrusted to them for the benefit of those they serve. Police have an ethical and legal responsibility to use their power to protect and serve.

Police always have power over the people they are to protect and serve. Their words carry authority, their actions are to reflect and uphold the law, and their behavior is held to a higher level of scrutiny than other people. Police officers have an utter, and some would say sacred, duty to protect and serve those under their charge. It is a basic mindset. Sure, mistakes are made and sometimes judgment calls can seem a bit “off” to those of us who weren’t there. That is not what we witness on the video of George Floyd being murdered.

The role of race in Floyd’s murder cannot be overlooked. Racism is rampant in many police departments. Racial profiling, driving while black and harsher sentences for people of color vis-a-vis their white counterparts are common.  

It appears George Floyd was not without his faults (just as the rest of us). He is not the one on trial. He may have resisted arrest initially. In this day and age so would I. His actions before the video began filming are irrelevant. He was still due the respect and dignity that should be afforded to all God’s people. George Floyd was a reflection of the face of the Holy One, just as we all are.

What really matters is that Chauvin continued an improper subduing maneuver long after Floyd stopped posing any risk. What matters is that Chauvin demonstrated utter disregard for the unique and unrepeatable human being who was George Floyd. What matters is his attitude of arrogance and superiority reflected by keeping his hand in his pocket the entire time. If Floyd was so unruly, wouldn’t Chauvin have used both hands? Instead, he put his hand in his pocket and acted as if there was not a human being dying underneath his knee.

The hand tells me all I need to know about Derek Chauvin.

Easter: It’s a Community Thing

We Americans love to make everything about us. When it comes to Easter, we make it about personal survival of death. The idea of personal immortality has always had widespread appeal. We want to know we mattered, that we will continue in some way. Zillions of gallons of ink and more than a little blood have been spilled on the topic.

Easter, however, is a community thing. It is about the survival of a way of life, specifically the way of life revealed in Jesus. The way Jesus lived collided with the powers of his time. Jesus spoke truth to power. The Roman occupation colluded with crooked religious leaders and laid heavy burdens on the poor. That time two thousand years ago is more like today than we may want to admit. Predatory economies have common qualities, regardless of the age in which they exist. Making money, allowing the rich to get richer while the poor get poorer, minimizing social safety net programs and blaming the poor for being poor are consistent features of a predatory economy.

In the United States, as in Rome, there is collusion between socially, politically and religiously prominent people. Faithfulness is less of a concern than having and maintaining power. In our time the white evangelical voting block, the Republican Party and big business work together in promoting white hegemony and male dominance.

It’s little wonder we make Easter about whether or not we live forever.

If we are to faithfully celebrate Easter, something very different is asked of us. Easter is about embodying the values of the gospel. Community Easter means:

  • Addressing the anti-immigrant sentiments dominant in our culture. Advocating for those seeking political asylum and common sense immigration policies are the values of Jesus.
  • Using our power as consumers to support businesses that embody equality. Supporting Delta Airlines, Coca Cola and Major League Baseball in their protest of Georgia voting suppression laws is one concrete action. Boycotting businesses that do not support our values is another concrete action. Being an informed consumer is a concrete act of faithfulness.
  • Learning about the racist history that is woven into the warp and woof of our culture. Becoming good ancestors to subsequent generations by righting historic wrongs and calling out racism when we see and hear it are small actions that begin to change things.
  • Caring for the poor. Supporting food pantries year round, donating useable clothing and toys can make a difference in someone’s life if they are struggling to put food on the table.
  • Advocating for disenfranchised populations. Assuring that homeless veterans, the LGBTQI population, the homeless and the stranger in our midst are treated fairly and justly.

In other words, all the things that got Jesus killed.

Community Easter means taking the risk to speak up and be unpopular. It means calling out behavior and language at the risk of losing friends or alienating family members. Community Easter means we will gladly take on the same risks Jesus assumed so he could be faithful to his mission. Our mission is the same. The only way the Gospel message survives is through us.

Here is my prayer for you in this season of new life and resurrection:

A Franciscan Benediction

May God bless you with discomfort at easy answers, half-truths and superficial relationships, so that you may live deep within your heart.

May God bless you with anger at injustice, oppression and exploitation of people, so that you may work for justice, freedom and peace.

May God bless you with tears to shed for those who suffer pain, rejection, hunger and war, so that you may reach out your hand to comfort them and turn their pain into joy.

And may God bless you with enough foolishness to believe that you can make a difference in the world, so that you can do what others claim cannot be done, to bring justice and kindness to all our children and the poor.

Amen.