Ham Sandwich
Daniel Cameron, the Attorney General of the Commonwealth of Kentucky, made his announcement yesterday. The Grand Jury brought no charges against the Louisville police officers that shot Breonna Taylor eight times in the hallway of her own apartment. There will be no trials, no criminal punishments. The only charge the Commonwealth brought is against an officer who “recklessly endangered” the apartment next door with his wild firing.
The Attorney General made his case in public, the same one he made to the Grand Jury. He believed a witness who said that the Officers actually knocked and identified themselves before they came through the door. He discounted other witnesses who said that didn’t occur. And he said that once they went through the door and Kenneth Walker fired one shot, wounding an Officer, that the Officers were justified in firing sixteen shots in return.
He cited that conflicting evidence, including forensic evidence differences between the Kentucky State Police and the FBI, created “reasonable doubt” preventing criminal charges. And that’s the case he placed to the Grand Jury. Essentially, the Attorney General said that Breonna Taylor was “collateral damage”. She made the mistake of having a boyfriend who fired on the police, and died for it.
There is an old legal saying: “A good prosecutor can get a Grand Jury to indict a ham sandwich”. From his public statement, the Attorney General made it clear that the case he made to the Grand Jury was designed to return “no bill”, no charges. It worked.
Martin and Malcolm
For many people in Louisville who waited six months for legal action, the announcement was both disappointing and expected. Disappointing, because it’s easy to see a scenario where Kenneth Walker was exercising his right under the “Castle Doctrine” to use a legal gun to defend his home. Disappointing, because he fired one shot, wounded an Officer, and they fired sixteen shots back at him, all missing him and half of them striking Breonna.
But expected. For many in Louisville, it seems that the “Castle Doctrine” only applies to white people. And expected because the Commonwealth Attorney General Cameron, a Mitch McConnell acolyte, already implied his decision in a speech at the Republican National Convention.
This has been a summer of protest in Louisville. While there has been some violence, in general, the nightly marches have been peaceful, in the tradition of Dr. King. And the city of Louisville responded, making changes to their “no-knock warrant” policies, requiring officers to wear body cameras, and firing the Officer who was ultimately charged. But when the people of Louisville look to the legal process for justice for Breonna Taylor, there will be none. For some, the non-violent way of Dr. King isn’t working. They see violence as the only way to force change. As one protestor said last night, “We did it the Martin way for the entire summer, and it got us nowhere. Maybe it’s time to do things the Malcolm way (referencing Malcolm X)”.
Process and Procedure
The city of Louisville is doing a lot to try to change the procedures that led to this tragic death. Almost everyone studying the actions that led those officers to Taylor’s door see it as completely messed up. Louisville has moved to try to improve this. But ultimately, Americans look to the legal process as a way to air their grievances, and gain balance for injustices. Yesterday, Daniel Cameron explained that the judicial process was not available to them.
He stood in the Courthouse doorway, and with the full power of the Commonwealth of Kentucky, blocked access to those demanding some response to this obvious injustice. If the Courts are denied to them, then why would anyone be surprised that the result will be more than just another peaceful march in Jefferson Square Park.
This is not to in any way justify the shooting of two police officers in Louisville last night. As America saw throughout this summer of turmoil, there will always be a few who take advantage of the chaos of protest to commit heinous acts. But those unacceptable actions should not overshadow the reasonable frustration people have with a system that cannot find a way to assuage their loss or protect them from extreme acts by the authorities.
Discrimination
It’s been fifty-two years since a white man assassinated Martin Luther King, and fifty-five years since a black man shot down Malcolm X. Violence is as much an unfortunate part of the movement towards change as are the marches in the streets. But the real tragedy is that in the fifty plus years since the 1960’s Civil Rights movement, America is still faced with the reality of discrimination. Skin color still makes a difference in how Americans are treated by their government.
The frustration won’t end until that changes, and neither will the movement to make Black Lives Matter.
