(ThyBlackMan.com) As a former detective, a crime prevention specialist and educator and a current family and relationship counselor, mediator, life coach, African American and a father, I have analyzed all of the evidence and information presented thus far surrounding the incident at a pool party in McKinney, Texas. To be both fair and honest, there are major errors on both sides – the teenager forced on the ground, the police officer, the neighbors who jumped in, the pool party attendees and the neighbors in the immediate community.
Amidst extremely high racial tensions between white police officers, yes there is an element of racism in this situation. And yes Corporal Eric Casebolt enflamed the situation when he should have used wisdom and discretion to diffuse it. But that is not the whole story. And because legitimate tensions are high surrounding so many other police incidents around this country, I worry that people are jumping to the wrong conclusions almost instantaneously. That is why I am writing this article, to clarify several key issues with balance.
KNOW YOUR LEGAL AND CONSTITUTIONAL RIGHTS OR YOU MIGHT AS WELL NOT HAVE ANY.
I can see all sides better than most. I have carried a firearm and badge while working crowd control and dealing with a bunch of unruly African American young people (Freaknik in Atlanta etc.). I have been the president of the HOA in a nice neighborhood. I have worked security at a public pool and a private pool in a predominantly white upscale neighborhood. I have been an African American teenager and I am a parent of a teenager. I have spoken to officers and teenagers in an attempt to get both sides to see the other side’s position for years. Therefore what I am about to share may not be popular, but it will be accurate – like it or not. Facts are facts.
One Real Problem (other than racism, unstable and untrained officers) is the huge communication and comprehension gap between law enforcement and African American citizens. Too many officers in uniform have forgotten their mandate to protect and serve. And other officers panic once their adrenaline starts flowing. Some are afraid. Some are ambivalent. Some are far too ready to rely on a gun than on their training in threat assessment or their ability to diffuse a situation. Some are bullies. Some are afraid. Some are only doing what their training officers and departments taught them. And most do a great job (regardless of color).
Neither side (police officer nor African American citizen) seems to want to empathize with or understand the other. Police officers are not realizing that many of our people (especially young people) do not know how to interact with law enforcement. Thus African Americans are sometimes unintentionally doing things that place the officer on edge. And police officers must not assume that a badge along with bully-type tactics will always work. Likewise, our people are reacting to what we THINK is right or wrong, not necessarily based on the law or police protocol. This article will explain some of those issues.
First let’s talk about Compliance. If a police officer gives you a directive while he/she is handling a situation, DO IT. If he/she is wrong, there are several ways to deal with that later, but you need to be around to deal with it. Private citizens (Eric Garner, you, me etc.) do not have the luxury of being non-compliant when we think the officer is wrong. Look at the McKinney video and you will notice the officer directed the young girl and her friends to leave but she would not do it. That is automatically non-compliance and she could have been charged with disorderly conduct or obstruction. Once you are deemed non-compliant, the officer may have probable cause to detain or arrest you, like it or not. The young girl was ordered to lay face down. I know it looks harsh but that is really a pretty common approach when officers are trying to subdue a citizen, teenager or not. If you are asked to get on the ground – do it. Again there will be time and a host of legal ways to deal with the officer later.
In many police departments, they follow what is called an Escalation of Force Continuum. This is a set of guidelines that prescribe how they escalate to different levels of force. At present it appears the officer followed many of those guidelines. Here they are.
LAW ENFORCEMENT ESCALATION OF FORCE CONTINUUM.
Officer Presence (showing up on the scene to deter criminal activity).
Verbal Commands (including “leave, get on the ground, turn over, stop).
Control or Restraint (subduing a citizen, use of handcuffs, use of some restraint holds).
Chemical Agents (pepper spray). Temporary Incapacitation (use of Taser, use of ASP baton).
Deadly Force (use of a firearm).
Freedom of Speech is another issue that is misunderstood by many of our people. Our first amendment right does not cover hate speech, abusive language, making threats or inciting a riot. In Georgia, for example, if you curse at a police officer – you can be charged with disorderly conduct or “oprobrious language / fighting words). In such case, you can be detained or even arrested – like it or not. And believe it or not, a smart mouth can get you detained or arrested. That’s a fact. Furthermore, if such language interferes with an officer carrying out his duties, you can be charged with obstruction or obstruction of justice – like it or not.
Drawing A Weapon is the next issue we need to tackle. I have spoken to several people about the Texas incident. We all viewed the video and heard the interview with the young white male who filmed the whole thing. Look at the video closely. You cannot and must not charge at a police officer in a threatening manner. That will get you a free trip to the morgue. Sad but true. Now look closely at the video. When the officer puts the girl on the ground, several of her female friends (who also had been told to leave) charge at him. Then two young males approach him from the other side in a threatening manner. The officer draws his weapon.
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You may want to believe that the officer had no right to draw his weapon if the teens were unarmed. But it’s not quite that simple. If an officer is surrounded by people approaching him in a hostile manner and he feels his life or safety is in danger, the officer CAN use justifiable force to protect or defend himself. And I guarantee you that action will be seen by the courts as a separate issue from whether or not Corporal Casebolt should have had the teen on the ground in the first place. Finally, here is a fact that many private citizens do not know. A police officer removing a firearm from it’s holster is not considered to be “drawing a gun on you”. Even if he/she points the firearm towards the ground in your direction (not at you), it is still not considered in most cases to be him drawing his weapon on you.
The 911 Calls have everything to do with how the police come into a situation. And though I have not heard the call to police dispatch from someone in the community, I guarantee you three things. The first is that the caller was a white person who lived in the neighborhood. The second is that the caller did not state the facts correctly. And the third is that the Corporal Casebolt responded based on what was told to him by his dispatch officer. Is this any excuse for his behavior (especially rolling on the grass)? No, but these are reasons that shaped both his perception and his expectation – thus his actions.
I am not making any excuses for Corporal Casebolt. He could have de-escalated or diffused the situation instead of enflaming it. He could have left out the foul and disrespectful language. He could have left out the dramatic tumble in the grass. He could have waited for sufficient back up. He could have even pepper sprayed the young teenager girl. And the list goes on. However, the young girl had several opportunities to comply and leave but she didn’t. This time her mouth got her in trouble. If we are going to solve these problems at their core, EVERYBODY WILL HAVE TO BE HONEST ABOUT THEIR PART IN THE POOL PARTY CATASTROPHE – whether they are neighbors, teenagers or police officer.
Share this article with everyone you know. Police departments all over this country need to produce DVDs, conduct seminars and post website information on how to interact with law enforcement. If they do not, they cannot fault private citizens for the unintentional ignorance of not knowing what to do or how to react. In my past and present fields, I have found that finger-pointing generally ends up in the fact that both sides were part of the problem.
Staff Writer; Marque-Anthony