Saturday, January 24, 2009

The death of Billie Joe Johnson

The Death of Billy Joe Johnson The post comparing the NAACP to the KKK was pretty much it for me. I write of the comments to the article in the Sun Herald on Dec 11 about the NAACP making a request for an examination. The posters on this thread are such racists that they cannot see a difference between an organization that lynched people and rode with guns and fire at night, to an organization that has pursued all of its remedies eschewing violence. Never has the NAACP lynched. Never has the NAACP used a torch.

I live amongst people who do not see the falseness of their supposed analogy.I am only sure of two things in this case. First, Billie Joe is dead. And second, all information beyond that has been provided by an unnamed Sheriff’s deputy. There is absolutely no evidence to corroborate the information provided by Sheriff’s office -- it has as its only source an unnamed sheriff’s deputy -- who happens to be the same person who in this story is caught with a dead black child and a shotgun. I ask you, had Billie Joe been caught in the same situation -- the officer dead by his own weapon, and Billie Joe standing there -- do you think we would be giving the same credibility to Billie Joe, “Oh that’s all right Billie Joe, cops commit suicide over minor stuff during traffic stops all the time. Get home before curfew Billie Joe.”As with most tragic stories, there is dark comic relief abounding. Many posters complain that by the family asking the NAACP to look into the investigation they have played the “race card”. The “race card”? This event happened in Lucedale, MS. The name of their high school football team is the “Rebels”. They wave confederate battle flags. They have battle flags on their cars. It’s on the state flag. The citizens of Lucedale, MS wake up everyday to the sight of the “race card” laying face up on the table. No one needs to play it. It has never left. Billie Joe’s parents, in all probability, are not politically connected individuals in George County. I can imagine in this, their time of grief, they are reaching out to friends and acquaintances, hoping to find someone to help them insure the integrity of the investigation. One would think that if Mr. Johnson was a member of the Knights of Columbus he might request their help. That would not be playing the “religion card”, it would be simply reaching out to those you feel could help you.


Mr. Johnson probably has friends and acquaintances in the NAACP. That organization is one with known political strength, contacts, and acumen. It would only be natural to seek their assistance.This morning, Dec 12, for the first time since the killing, the Sun Herald has stopped reporting the alleged traffic stop and events supposedly detailed by the officer to be fact. Instead of reporting that “Billey Joe ran a stop sign,” the paper recited that “the officer claims Billey Joe ran a stop sign“. Perhaps the stone wall is starting to erode. And the easily answered questions are starting to mount.

A. The family was denied access to their son’s body until after the autopsy. The body lay on the side of the street for eight hours with plastic tarps hiding the scene. The talk on the street is that this was done to conceal the issue of the number and location of the wound (or wounds). Initial reports had the blast to the abdomen. Now the talk is that the blast was to the head. During this period officers could be seen in the vicinity of the body behind the screen. The opportunity to continue to adjust and sanitize the scene continued. Where are the wounds? How many?

B. The tale about the traffic stop and license check is incredibly weak. Why would the officer have to check the driver’s license of Billy Joe Johnson? He was a local legend. This is Lucedale, where it is football, football, football. Billey Joe started at running back for George County High School as a freshman. He gained 1500 yards. And he did it again as a sophomore, again as a junior. He led his team to the playoffs three straight years, the state finals once. Even people in Ocean Springs knew him -- he shredded our defense for 200 yards and 4 touchdowns just a month ago. The idea that a George County Sheriff’s deputy did not know who Billey Jo was is absurd. And a license check? If there were any wants or warrants on Billey Jo the janitor at the courthouse would know it -- certainly a deputy would. Too much information is attributed to this deputy. If the sheriff is going to quote him, he needs to identify him. The gossip is already that the sheriff’s office has not yet selected which deputy will draw the job -- they are assessing which officer would handle the situation best before they give a name. What is the name of the officer?

C. How did the shotgun arrive on the scene? Supposedly it was being carried in a truck. Did Billie Joe have a rifle rack in his truck? Wouldn’t the gun have been readily visible? Who has identified the shotgun as Billie Joe’s? Or is this another nameless source?

D. There were earlier reports of a restraining order and perhaps Billie Joe violating it. Is there a restraining order? Who issued it? What was the factual predicate upon which the order was issued? Was there ever a hearing -- did Billy Joe ever receive his day in court, or was this done without his knowledge and presence? Ex parte orders (those where the initial order is entered without the defendant knowing about it or even given a chance to present his side of the story) are legal, but they are the subject of great abuse. Not only do judges sometimes issue them on scant evidence, often times the person obtaining the order misrepresents the facts in order to obtain it. This is an area where lies and deceit are rarely punished -- many orders are issued where the case actually has no merit. What are the full -- as in affidavits, applications, orders, notes of hearing -- facts surrounding this “maybe it exists maybe it doesn’t“, order?

E. The District Attorney announced today that there would be no information provided until the case is presented to the grand jury. Since any information presented to a grand jury is confidential and not capable of being disclosed, it looks like it is the intention of the law enforcement authorities to never release the truth. I would imagine that we will receive a statement from the grand jury that looks something like this:We, the grand jury, have examined the evidence find that Billie Joe Johnson died at his own hand, either accidently, through the unintentional discharge of a weapon, or intentionally. In neither instance do we believe a crime has been committed. This Grand Jury has determined that the officer involved -- name -- acted properly blah blah blah.”What is shocking is that the DA, the Sheriff, and other law enforcement authorities believe this will just go away.
It ain’t going away.
Not this time.

Tuesday, January 20, 2009

RIP BILLEY JOE JOHNSON

The NAACP will push forward with an independent investigation into the shooting death of Billey Joe Johnson Jr. that will take a "new direction to get to the truth," the vice president of the state chapter said Tuesday.
"While we wait for the state pathologist's report, we're going to determine why he died and let them determine how he died," Curley Clark said.
Meanwhile, Tony Lawrence, the Jackson County district attorney who is handling the state's investigation, said, "As a part of this effort, this office has sought all relevant information obtained by the NAACP or anyone else.
"This investigation has also included keeping the family advised of these efforts. This investiga tion will be professional, thorough and deliberate, rather than superficial and fast."
Johnson, 17, one of the state's most promising high school football players, died Dec. 8 of a gunshot to the head after a George County sheriff's deputy stopped him on a traffic violation in the Benndale community. Authorities have suggested that he shot himself, possibly by accident.
The NAACP is pressing ahead, Clark said, because of the swarm of rumors circulating in the community.
According to one report, a woman and daughter were on their way to file charges against Johnson for an attempted break-in at their Lucedale home on the same morning that he died.
"We are investigating if she or her family has a tie to law enforcement officers," Clark said, refusing to say how many investigators the NAACP is bringing into the case.
"It has been said that either she or her family has a personal relationship to someone in one of those offices, and we just want the truth."
According to incident reports released earlier, George County Deputy Joe Sullivan pulled over Johnson on Miss. 26 and was in his cruiser when the teen fell fatally wounded beside his pickup truck.
Other incident reports depict Johnson as being a person of interest in an alleged break-in that same morning at a mobile home on Lamar Street. Minutes after that call to police, Johnson died about two miles from the mobile home.
Johnson, a junior at George County High School, was a star running back who had already received a number of scholarship offers from major universities.
The district attorney said he would release information prior to a George County grand jury presentment, which he expected to be in February.
"I encourage anyone with information as to this incident to please contact Joel Wallace with the Mississippi Bureau of Investigation or my office," he said. "I have said from the beginning that this investigation will be exhaustive and not based on any timeline other than that which leads to the truth."

Friday, January 16, 2009

12 year old black girl mistaken as prostitute and beaten by police

Police in Galveston, Texas are being sued for allegedly arresting a 12-year-old Dymond Larae Milburn outside of her home as a prostitute in 2006.

The girl did not realize that the plainclothes officers were police and fought back as she screamed for her father inside the house. She was reportedly beaten by the officers and ended up with sprained wrist, two black eyes, a bloody nose, and blood in an ear. Weeks later, the police arrested her for resisting arrest.


Sgt. Gilbert Gomez and Officers David Roark and Sean Stewart have insisted that their conduct was entirely appropriate.
The police were responding to a report of three white prostitutes working in the area, but some how ended up arrested and roughing up a 12-year-old black girl in front of her house.
The honor student was then arrested at her middle school on a charge of resisting arrest — but a mistrial prevented further prosecution.
For a copy of the complaint, click here.
For the full story, click here.

NEW ORLEANS, Louisiana (CNN) -- As fireworks exploded over the Big Easy on New Year's Eve, 22-year-old Adolph Grimes III pulled up to his grandmother's home near the French Quarter after a five-hour drive from Houston, Texas.

Adolph Grimes Jr., with grandson Chris, wife Patricia and his son's fiancee, Shae Whitfield, want answers.

Grimes, who relocated to Texas with his fiancée, Shae Whitfield, after Hurricane Katrina, couldn't wait to get home with their 17-month-old son, Chris, and ring in the new year with friends and family.
"He made it at 12 o'clock exact, with a second to spare," said his father, Adolph Grimes Jr.
Three hours later, Grimes lay dying on the sidewalk half a block from his grandmother's front door, with fireworks giving way to the hue of flashing police lights.
The Orleans Parish coroner said Grimes was shot 14 times, including 12 times in the back. Watch police investigate scene of shooting »
Grimes had just walked out of the house and was in a car waiting for his cousin, according to family members, when nine plainclothes officers -- part of an undercover narcotics task force driving around New Orleans on New Year's Eve -- surrounded Grimes' vehicle.
Shots rang out; New Orleans Police Superintendent Warren Riley said Grimes shot at police first.
The Grimes family disagrees, saying police executed a loved one as he ran for his life.
"It was like someone was a murderer, and they finally caught him," said Grimes' mother, Patricia. "I ain't ever seen anything like this. And the worst part about it was I had to wait for the 5 o'clock news to find out my son was murdered."
Shortly after finding out about the death, the family contacted the FBI to investigate alleged wrongdoing by police officers in the shooting.
"We are hoping for a thorough investigation by the NOPD [New Orleans Police Department] and the district attorney's office," said the family's attorney, Robert Jenkins. " We know the FBI is going to do a fully complete investigation. We are hoping that criminal charges will be brought against all of these officers for the execution in this case."
Riley agreed that all the facts need to be released.
"We think that families should do everything they can do make sure this investigation is as thorough and complete as possible so they know the truth," he said.
Nine police officers were reassigned afterward, but New Orleans police aren't commenting on the case. The police also declined to release the names of the officers and the shooting report, saying the investigation is ongoing, both internally and with the FBI.
Family members said they want to know why officers descended on a young man with no criminal record, who graduated from one of the most prestigious high schools in the city.
"This violence has to stop. My child's death will not be meaningless. He did not die in vain," Patricia Grimes said. "This is meaningless; this never should have happened."
Grimes did have a gun. His family and the lawyer, Jenkins, said he had a legal permit to carry the weapon. Authorities also said they found a shotgun and extra ammunition in the car's trunk.
Grimes' relatives said they don't believe he opened fire first. And the family's attorney said he believes the investigation will show rogue cops and sloppy police work.
"I just think it was some bad officers who were out there and imposing their will on the community," Jenkins said.
Jenkins also said that 48 bullet casings were found at the shooting scene. Police won't confirm or deny that number, but Riley defended his officers' actions.
''We train our officers to fire when fired upon. We train them to fire more than one shot,'' he said.
But the shooting doesn't make sense, relatives said, describing Grimes as a young man who was a loving father with a good job and no history of being in trouble.
His grieving mother and father said they won't be silenced and are not worried about a code of silence among officers, the so-called "blue wall."
"The walls are going to come down. Just like the walls of Jericho came down," Grimes' father said, trying to fight back tears.

BART cop transported to Bay Area jail, charged with murder

Johannes Mehserle, the BART cop who shot and killed an unarmed man in Oakland on New Year's Day, sat behind bars in a Bay Area jail on Wednesday night, charged with murder.
Appearing in a Nevada court Wednesday, Mehserle waived extradition and returned to the Bay Area, where he was taken to Santa Rita Jail on the murder charge — a rare filing against a police officer — that was announced by Alameda County District Attorney Tom Orloff.
Mehserle's arrest, however, for the shooting of 22-year-old Oscar Grant III, did little to dampen the outrage in a city already beleaguered with economic troubles and skyrocketing crime.
Ever since Grant's shooting was captured on a cell phone and widely replayed on national television and the Internet, protests have erupted in San Francisco and Oakland, where many residents have had long-running tension with law enforcement.
Wednesday evening, protesters once again took to the streets, in a largely peaceful rally of more than 1,000 that began with a march in downtown Oakland amid a heavy police presence. At first, the protest appeared to be in sharp contrast to the violent demonstration last week that led to the vandalism of dozens of buildings and the arrest of more than 100 people in the city's downtown business district. But as the night wore on, a splintered group of demonstrators began a rampage through downtown, smashing windows at a dozen businesses, vandalizing several cars and forcing police in riot gear to spray tear gas. At least 18 people were arrested, the majority on suspicion of felony vandalism.
Witnesses told authorities that Mehserle fired a shot into Grant's back while Grant was lying facedown on a train platform at the Fruitvale BART station in Oakland. Grant and others had been pulled off a train after reports of fighting, as New Year's Eve revelers headed home after midnight.
New court documents say Grant had his hands behind his back and another officer was kneeling on his neck when he was shot.
The allegations were revealed in an Oakland police officer's request for an arrest warrant. It said it appeared from cell phone video that "Mehserle shot and killed Oscar Grant while Grant was restrained and unarmed."
Mehserle surrendered without incident Tuesday at a family friend's house in an upscale neighborhood on the east shore of Lake Tahoe in Douglas County, Nev. His lawyer said his client had gone there to escape death threats and to get away from the pressures of the case, not to avoid arrest.
Mehserle, 27, who resigned after the shooting, is expected to be arraigned today in Oakland.
"As this case moves forward through the justice system and all of the circumstances of that chaotic night become clear, I fully expect Mr. Mehserle will be cleared of the charges against him," said his lawyer, Christopher Miller. "The case won't be tried by video alone. I'm confident that this case is not just about a video. It's not just about certain circumstances that folks may want to focus on."
Orloff said he would not speculate on whether the charge would end up being first-degree murder or second-degree murder, saying the complaint "doesn't specify the degree, it merely charges murder."
"At this point, what I feel the evidence indicates, is an unlawful killing done by an intentional act, and from the evidence we have there's nothing that would mitigate that to something lower than a murder," Orloff said at a news conference.
First degree murder is a premeditated, intentional killing that carries a sentence of 25 years to life. Second-degree is an intentional killing that is not premeditated or planned and carries 15 years to life.
John Burris, the attorney for Grant's family, which has filed a $25 million claim against BART, expressed satisfaction over the new charges.
"It is consistent with the evidence I have seen. I think the family will be pleased," Burris said.
Meanwhile, the Napa Valley Register reported that Mehserle's family in Napa received a bomb scare. Residents in their southeast Napa neighborhood were evacuated after Mehserle's parents found two unidentified packages late Wednesday on their front porch.
Mehserle has refused to be interviewed by either BART investigators or Orloff.
At Wednesday's protest, Grant's grandfather, also named Oscar Grant, stood in the middle of the street and said, "We got to stop these people who have a gun and a badge and a license to kill."