Thursday, January 1, 2015

The Ferguson Forum: Practice, Practice, Practice

Considering the lack of injury to Officer Wilson in the Ferguson incident, it makes me wonder just how afraid of Michael Brown he really needed to be. I am not sure how new officers are being trained these days, but perhaps there is too much emphasis being placed on using the equipment, particularly the firearm. Oftentimes, officers fail to augment their skills with additional training in the techniques of unarmed combatives. It is naive to think the retraining, some of which is only annual, a department offers is enough to ingrain those skills into one's self so they are readily available when needed. Such training takes personal initiative and a high level of professional commitment to becoming proficient in the crafts of our trade. Knowing that all an officer does is scrutinized, analyzed and magnified it would behoove every officer to ensure they are up to speed on the most recent and prudent methods beforehand.

Officers must realize that the engagement starts in the mind. It begins with the mental preparation of running scenarios in your head to work out the reactions to the 'what ifs' before they happen. It unfolds with the approach and leads to a fluid encounter. The officer must not lose sight that the objective is control gained through a graduated application of force. The officer must remain mindful that this application is itself fluid and must be adjusted as the flow of the encounter changes. This control starts inside the officer's mind. 

It is imperative to control one's justified fears and emotions in order to think clearly and make good decisions. Irrational fear and runaway emotions do not allow for such clear thinking and often leads to mistakes being made. In this case, fear and fury ruled the day. Michael Brown brought a fist fight to a gun fight. And the results are tragic! I believe these misplaced fears and emotions are the reasons that in the encounters between citizens and police officers that resulted in the death of the citizen, between 2012 and 2014, the citizen was unarmed.

Police work is a noble and honorable profession. The sworn officer is a trained professional and not some brute with a badge. We are not like the criminals we chase neither in heart or in mind. 

Officers swear an oath to protect and defend the constitution and enforce the law. The rules, policies, procedures and practices of each department should support that end and neither supplant or circumvent it. The sworn officer carries huge responsibility and power on their shoulders: the power over freedom, life and death. This responsibility and power is given by the citizens and should not be taken lightly or exercised without due diligence and caution. This responsibility and power is accompanied and balanced by the weight of the accountability police have to the citizens. In this public office, the officer serves the citizens. 

Rest assured, hard questions will be asked of Officer Wilson at his civil trial. I suspect his municipality, himself and his family will pay dearly as a result of Officer Wilson's critical decision making and the death of Michael Brown. 

This incident and others should be the catalyst for specific and focused police training in every jurisdiction. But I am afraid it will not be and we will be doing this once again before the end of next year.


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The Ferguson Forum: Questions

Whether you consider the Michael Brown shooting as two engagements or one prolonged engagement, some questions must be asked of the officer, from an officer's perspective. We must endeavor to look at this through a clear, reasonable and objective lens and not just through the lens of a 'blue bias' because it is the reasonable standard we will be judged by. Neither should we allow our 'blue code' to cause a 'blue haze' in our thinking that will keep us from having a frank and open dialogue, even among ourselves:

1. Officer Wilson, have you received training from your police department in making tactical approaches to suspicious subjects?

2. Officer Wilson, as you positioned your police car to block the street, did you use it to create a barrier between yourself and Michael Brown?

3. Officer Wilson, how did Michael Brown get to the driver's side door of your police car before you were able to get out of your police car?

4. Officer Wilson, was Michael Brown armed while he was at the driver's side of your vehicle?

5. Officer Wilson, as you fought Michael Brown at your police car, were you ever in fear for your life? Why?

6. Officer Wilson, did Michael Brown go for your weapon while it was holstered or after it was drawn?

7. Officer Wilson, did Michael Brown disengage from having a fist fight with you and run away? Why?

8. Officer Wilson, have you received training from your police department on the force continuum?

9. Officer Wilson, have you received training from your police department in the application of open hand and closed hand control techniques?

10. Officer Wilson, have you received training from your police department in effecting take-downs on combative subjects?

11. Officer Wilson, have you received training from your police department in non-lethal force options and applications?

12. Officer Wilson, when Michael Brown was running away from you, was he armed?

13. Officer Wilson, when Michael Brown turned toward you, was he armed?

14. Officer Wilson, after Michael Brown turned toward you, did you issue any verbal commands for him to stop?

15. Officer Wilson, at the point when Michael Brown turned and advanced toward you, what was the threat to your life at that moment?

16. Officer Wilson, can you fight?

17. Officer Wilson, did you have non-lethal instruments on your person at the time of your engagement/s with Michael Brown

18. Officer Wilson, did you employ any non-lethal techniques in order to subdue and control Michael Brown?

19. Officer Wilson, how many times did you shoot Michael Brown?

20. Officer Wilson, how many volleys of fire did you discharge against Michael Brown?

21. Officer Wilson, in between those two volleys of fire, had Michael Brown armed himself?

22. Officer Wilson, seeing that Michael Brown was never armed, why did you continue to employ and then utilize lethal force against someone who was never armed?

23. Officer Wilson, why did you shoot Michael Brown the first time at your police car?

24. Officer Wilson, how close to you was Michael Brown the first time you shot him at your police car?

25. Officer Wilson, why did you shoot Michael Brown the second time after chasing him more than 100 feet from your police car.

26. Officer Wilson, how close to you was Michael Brown the second time you shot him after chasing him more than 100 feet from your police car.

27. Officer Wilson, why did you shoot Michael Brown the third time after chasing him more than 100 feet from your police car.

28. Officer Wilson, how close to you was Michael Brown the third time you shot him after chasing him more than 100 feet from your police car.

29. Officer Wilson, were you simply too unskilled in unarmed combatives, and too afraid of Michael Brown to have a fist fight with him?


If I, not being a lawyer, can come up with 29 questions to ask the officer I am certain the prosecutor at his civil trial will have a field day with him.


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