MN - Jamar Clark, 24, shot by LE, Minneapolis, 15 Nov 2015

Freeman says no grand jury in Jamar Clark shooting

MINNEAPOLIS - Reversing a policy that has been in place for the last four decades, Hennepin County Attorney Mike Freeman announced Wednesday that he -- and not a grand jury -- will decide whether two Minneapolis police officers will face criminal charges in the fatal shooting of Jamar Clark.

"This is my job, and I will do it as fairly as I can," Freeman told reporters gathered at the Hennepin County Government Center. "To repeat, there will not be a grand jury proceeding in the Jamar Clark case."


Before announcing his decision, Freeman detailed how he has been studying the role of grand juries in Hennepin County for the past 16 months, motivated by the fatal shooting of teenager Michael Brown in Ferguson, MO and the fallout that followed. He looked at the inner workings of how the grand jury operates in the Hennepin County justice system, and when they should and should not be used.

Freeman says he was ready to announce a new hybrid model for calling grand juries in Hennepin County the week that Clark was shot by two Minneapolis police officers. He decided that announcing changes to the grand jury process while community anger flashed in the wake of Clark's death would be inappropriate.

"The ensuing months have given me more time to think about the grand jury," Freeman reflected. "As an elected official, I also took that time to meet with more people and listen to their concerns. I concluded that the accountability and transparency limitations of a grand jury are too high a hurdle to overcome. So, at this point in time, and in a democracy where we continually strive to make our systems fairer, more just and more accountable, we in Hennepin County will not use the grand jury in the Jamar Clark case."

Minnesota law demands that a grand jury be called in any time charges of first-degree murder are sought. What that means is that second-degree murder charges are the highest Freeman could pursue against the officers, if he decides charges are appropriate, without calling in a grand jury.

http://www.kare11.com/news/crime/freeman-to-decide-possible-clark-charges/85235849

Hennepin County Attorney: Grand juries no longer used in police shooting cases
That includes the Jamar Clark shooting, though no decision has been made yet.

Hennepin County Attorney Mike Freeman said Wednesday that grand juries will no longer be used to look into police-involved shootings, including the death of Jamar Clark.

The 23-member grand jury has been used to determine in secret whether criminal charges are warranted in police shootings for more than 40 years in Hennepin County. Freeman said he began a review of the process 16 months ago, and was set to announce changes to the system last November, but postponed the announcement after Clark was killed.
“Secrecy, lack of transparency and no direct accountability strikes us as problematic in a democratic society, and to use or not use a grand jury in a shooting case is a hard decision for me,” Freeman said. “ … The law that applies to the facts is exactly the same whether the prosecutor makes a decision or the grand jury does. On the other hand in our society I believe accountability and transparency are critical concepts for a just and healthy democracy.”

Civil rights advocates, who long pushed Freeman to do away with a grand jury in the case, hailed the decision. “I am so incredibly proud of the black and queer young folks and the community who demanded justice,” said Kandace Montgomery, an organizer with Black Lives Matter Minneapolis.

She credited the community pressure to scrap the grand jury in the Clark case that began within 24 hours of him being shot. “This is a big step,” she said, but there are many more steps we have to take — getting the cops charged and actually seeing economic and racial justice in Minnesota.

http://www.startribune.com/hennepin...de-update-into-jamar-clark-inquiry/372229891/

It's my opinion that DA Freeman will not charge the officers in the Jamar Clark shooting with any kind of manslaughter or murder.

And that will probably be very controversial among activists who wanted the GJ scrapped for this case. Hopefully, they won't riot or start vandalizing again-- we've certainly had quite enough of that. So, DA Freeman alone will bear the brunt of criticism when the case decision is released, and at least "secrecy" can't be blamed.
 
He will be out of a job if he doesn't charge. jmo
 
Lots of signals that a decision on the Jamar Clark case is imminent.

Harteau: No tolerance for violence following Clark decision

MINNEAPOLIS - A video posted Thursday from the Minneapolis Police Chief has a stern warning for those awaiting the county attorney's decision whether to charge officers involved in the fatal shooting of Jamar Clark.

"We will not tolerate acts of violence against anyone -- and that includes acts of violence against our officers," Chief Janee Harteau states in a video posted to YouTube. "We will enforce the laws of Minnesota and the ordinances of the City of Minneapolis, and anyone who violates them will be held accountable. We will not allow people to set fires on our streets or occupy and vandalize our buildings. We will not allow people to jeopardize the safety of others by causing massive disruptions and hindering emergency vehicles from helping those in need."

Harteau acknowledges that Hennepin County Attorney Mike Freeman's decision whether to bring charges against the officers involved in the death of 24-year-old Clark "has the potential to cause some tension and angst in and around our city."

http://www.kare11.com/news/harteau-no-tolerance-for-violence-following-clark-decision/100074731

[video=youtube;udJC_qNsIkI]https://www.youtube.com/watch?v=udJC_qNsIkI[/video]
 
Decision coming this week in the Jamar Clark case. Lots of signs that there will be protests, no matter what the decision by the district attorney is-- but hopefully not riots and violence.

However, social media, and lots of other mainstream media, indicate that preparations are being made for "significant" unrest in Minneapolis by activists. Glad that many kids are on spring break, so hopefully will not be caught in the middle of the planned unrest.

Black Lives Matter held press conference Friday to rebut the Police Chief's remarks about enforcing the law during protests, and activists held a mostly peaceful rally Saturday at the Government Center. About 80 rally protesters blocked light rail lines for a period of time, but were dispersed by police, and no arrests were made.

Pray for Minneapolis-- no one wants this to be another Ferguson or Baltimore. :(

My strong sense is that no charges will be filed.

http://minnesota.cbslocal.com/2016/03/28/officer-charges-jamar-clark/

http://www.kare11.com/news/local/looming-clark-decision-worries-business-owners/105154594

http://www.kare11.com/news/jamar-clark-case-prosecutor-vs-grand-jury/106668309

http://www.twincities.com/2016/03/2...sters-rally-before-jamar-clark-case-decision/

http://www.kare11.com/news/jamar-clark-case-prosecutor-vs-grand-jury/106668309

http://www.fox9.com/news/113476815-story

http://www.startribune.com/civil-ri...ning-as-jamar-clark-decision-looms/373556391/
 
Decision coming this week in the Jamar Clark case. Lots of signs that there will be protests, no matter what the decision by the district attorney is-- but hopefully not riots and violence.

However, social media, and lots of other mainstream media, indicate that preparations are being made for "significant" unrest in Minneapolis by activists. Glad that many kids are on spring break, so hopefully will not be caught in the middle of the planned unrest.

Black Lives Matter held press conference Friday to rebut the Police Chief's remarks about enforcing the law during protests, and activists held a mostly peaceful rally Saturday at the Government Center. About 80 rally protesters blocked light rail lines for a period of time, but were dispersed by police, and no arrests were made.
rsbm

Just curious -- how do you define 'activist', which you've used multiple time. Is it a pejorative? Is anyone who protests an 'activist'?

And I have to wonder -- in this great nation, why should being an 'activist' be seen as a negative thing? Isn't that something celebrated by the constitution?
 
rsbm

Just curious -- how do you define 'activist', which you've used multiple time. Is it a pejorative? Is anyone who protests an 'activist'?

And I have to wonder -- in this great nation, why should being an 'activist' be seen as a negative thing? Isn't that something celebrated by the constitution?

I’m not sure, of course, but I think you and I may define “celebration” differently, as it relates to the accommodations for activism by the constitution of our great nation. “Allowance” language is not the same as “celebratory” language, and should not be interpreted as such, IMO.

Activism can be laudatory, commendable, and worthy of celebration, when conducted lawfully, respectfully, non-violently, politely, and when the rights of ALL citizens are respected. Carrying a sign, making a speech, starting or working at a non-profit, volunteering to help others, donating money and time to worthy causes, supporting like-minded political candidates, lobbying for bills, testifying during legislative hearings, for some examples.

Activism can be deplorable, and worthy of condemnation, when it encourages violence, criminal activity, property damage, disrespect for authority, and disrespect for the rights of ALL citizens. Vandalism, assault, property destruction, hate speech, inciting and encouraging violence, barricading free movement thru society for others, establishment of hate groups, lawlessness/ disrespect for authority, impeding the rights of others, for some examples.

Protest and activism, and how those are properly conducted, are two entirely different things, and a discussion for another day.

This is a great nation. A nation of laws. Laws which must be supported, enforced, and respected by ALL citizens. Exactly as Chief Harteau warned.

Anyone is free to disagree with anything in our society. No one is free to wantonly break the law using their personal disagreement as an excuse for criminal behavior.
 
This is what Minneapolis Police Officers have to deal with, every day. Not quite as bad as Chicago, but 54 shootings in 81 days is pretty awful.

At least five struck by gunfire over weekend in north Minneapolis

At least five people were struck by gunfire, including an 18-year-old man who was shot dead, in separate shootings across north Minneapolis between Saturday morning and Sunday evening.

The shootings left residents in several North Side communities concerned, including in the Webber-Camden neighborhood, where on Saturday around midday Derrick Mack was gunned down by a person who fled before police arrived. Mack was pronounced dead at the scene.

The other victims were in vehicles or inside their homes. In one case, two people were shot near the corner of 34th and Fremont avenues N. shortly after midnight on Saturday. Around the same time the following night, a gunman opened fire at a house on the same block.

No arrests had been announced as of Monday afternoon.

The shootings come as gun-related violence has risen in Minneapolis — much like in other Midwestern cities, such as Cleveland and Chicago.

Fifty-four people have been shot in Minneapolis through March 21, the last day for which police data were available, an 86 percent increase over the same period last year. In north Minneapolis alone, 43 people were injured in shootings, compared with 15 last year, police records show.

Meanwhile, the city is also coping with a rise in violent crime, which has jumped 5.3 percent compared with this time last year. Serious crimes like aggravated assaults and rapes have increased 21 percent downtown, while the Second and Third police precincts have seen a sharp rise in the number of robberies, records show.

http://www.startribune.com/at-least...-over-weekend-in-north-minneapolis/373775771/

BBM

So, where are Black Lives Matter activists, NAACP/ Nekima Levy-Pounds, and the rest of those activists right now?

Are they going to rally and protest the shootings of 5 people over the Easter holiday weekend, with NO ARRESTS?

Are they going to give a press conference and talk about the 54 people shot in Minneapolis so far this year??

Are they going to *demand justice* for the 54 people shot-- at least 6 of whom are under age 10??

Are they going to weep and wail and protest the sharp rise in violent crime, rapes, and robberies?

Are they going to urge residents to call police and work with police to solve crime in their neighborhoods? Turn in the gang bangers to police? Stop harboring fugitives in their homes and neighborhoods?

No. I don't think the activists will do any of that. They will continue to pretend that the violent crime committed by residents of their neighborhoods doesn't exist, and the only outrage they have is that police officers have to deal with the crimes and criminals.

This is why their rallies and protests ring so hollow, and most reasonable people are so tired and disgusted with their brand of cherry picked "activism". They don't care that kids, little kids, are being shot in their community by gang bangers, and no arrests made. But let a career criminal like Jamar Clark get himself shot while committing multiple violent felonies, and fighting with police officers and paramedics helping the woman he just beat up and broke her leg (and who had a 5 year restraining order against him) and now these "activists" have some kind of a "cause" to get behind. Jamar Clark threw a brick through her front window, and tried to burn her apartment down by dousing it in lighter fluid a few months earlier, WHILE under a restraining order-- and got PROBATION for that crime. WTH?? AND he was awaiting trial on terroristic threats and a high speed chase from police. He was no angel, but *activists* won't talk about what kind of criminal Jamar Clark REALLY was. Because that doesn't play well to the cameras when they're trying to whip up manufactured sympathy for a criminal.

So don't tell me we're being "too hard" on these criminals, and locking them all up unfairly in "mass incarceration". Jamar Clark should have been in prison in November.

Can anyone really imagine what it's like to be a police officer in these kinds of violent neighborhoods every single day? I'm thankful they are there, but I can't understand why they do this job in these violent places, with so many people who hate them, resent them, want to see them dead. Residents who presumably don't even care about the random shootings of truly innocent little kids, and their neighbors. When they grow a conscience and start feeling outrage for the shot kids, and start rallying and protesting for those victims, the public will join them. But not while they support violent criminals.

I'm sorry Jamar Clark made the choices he did to be a violent criminal. My sympathy, and my outrage, is for the police officers whose lives and livelihood has been destroyed because of him. And for the truly innocent kids and bystanders shot in these dangerous neighborhoods. Their community doesn't care enough to protest and demand justice for them, only for criminals.
 
MINNEAPOLIS (WCCO) — Hennepin County Attorney Mike Freeman will announce his decision Wednesday morning on whether to file charges against the two Minneapolis Police officers involved in the shooting death Jamar Clark, sources tell WCCO.

Black Lives Matter Minneapolis also recently called for a gathering in Elliot Park downtown before the decision is announced.

http://minnesota.cbslocal.com/2016/03/29/jamar-clark-shooting-charges/

BBM

http://www.startribune.com/tensions...ision-on-charges-in-clark-shooting/373924551/

On Tuesday, Minneapolis police were making contingency plans. Mobile command centers were being set up, and officers were told to take their riot equipment home in case they were called in on short notice.

Also on Tuesday, Black Lives Matter produced a video blasting Chief Janeé Harteau for a warning that protesters impeding public safety would be arrested. Instead, organizers vowed to conduct peaceful, nonviolent protests.
 
Hennepin County Attorney Mike Freeman gave a one hour press conference this morning. No charges for the officers. As a general summary, Jamal Clark was never handcuffed, Officers tried to handcuff JC while he was standing but JC struggled and one officer dropped his cuffs in the grass, no DNA for JC on handcuffs of either officer, Clark was taken to the ground by Officer Riggenberg, Clark ended up on his back, with Riggenberg on his back on top of Clark, Clark obtained Riggenberg's pistol and had it in the small of Riggenberg's back, Riggenberg told Officer Schwarze several times that Clark had his gun, DNA from JC found on both the handgrip of Riggenberg's pistol and his service belt, Schwarze held gun to Clark's head and ordered Clark to let go of the gun several times or he would shoot him, JC reportedly said "I'm ready to die", Schwarze pulled trigger once and service pistol misfired, Schwarze fired again once to JC's head. Entire incident was 61 seconds from arrival of officers. Jamar Clark found to be intoxicated and had marijuana in blood at toxicology.

***This is a brief summary of Mike Freeman's remarks-- please refer to the County Attorney video and documents for more information. I apologize if I've written any inaccuracies in the summary.

The end of the press conference devolved into a shouting match with NAACP leader Nekima Levy Pounds monopolizing the conversation and shouting down DA Freeman for about 15-20 min. He wasn't able to take other media questions, and abruptly ended the news conference.

Mayor Betsy Hodges and Police Chief Harteau have scheduled press conferences at 1:00 pm local time.

Attorney Freeman has pledged unprecedented transparency, and that all documents, interviews, videos, autopsy reports, etc will be available on the county attorney website. Dozens of those documents are all available now here:

http://www.hennepinattorney.org/news/news/2016/March/jamar-clark-decision

Link to local news coverage:

http://www.kare11.com/news/no-charges-for-officers-involved-in-jamar-clark-case/110131422

http://www.startribune.com/No-charges-against-police-in-Jamar-Clark-shooting-death/373979481/

National news quickly picking up the story:


The investigation included 122 Minnesota Bureau of Criminal Apprehension reports, 1,370 pages of autopsy reports, 21 DNA reports and 97 Minneapolis Police Department supplemental reports, all of which Freeman said took him 31 hours to read.
The reports demonstrated that Clark had attacked his girlfriend, interfered with paramedics attempting to transport his girlfriend to the hospital and refused officers' demands to remove his hands from his pockets, Freeman said.

Freeman addressed the witnesses' accounts during his Wednesday news conference, calling them conflicting. Of 20 witnesses, he said, two said Clark was not handcuffed, six said they were uncertain and 12 said he was handcuffed, though they disagreed on whether he was handcuffed with his hands in front of him, his hands behind him or only on his left hand.
Forensic evidence further demonstrated that Clark had no wrist wounds that would've resulted from being handcuffed during the tussle, and blood found on the handcuffs suggests they were on the ground, not on Clark's wrists, when he was shot, Freeman said.

http://www.cnn.com/2016/03/30/us/minneapolis-jamar-clark-police-shooting-no-charges/index.html

**CNN link isn't working right. Can't fix.

http://www.usatoday.com/story/news/...ers-wont-charged-jamar-clarks-death/82426624/
 
I sincerely hope not, katydid. But social media tells another story, and Nekima Levy Pounds made threats about the city "burning" at the news conference with County Attorney Freeman.

The activists now have their opportunity to demonstrate the peaceful, non-violent protests they have said they will engage in. We will see if they are able to remain non-violent and peaceful. I have my doubts. The protest groups appear to have splintered, and are gathering later this afternoon in different places. BLM is in one park, and Black Liberation is in another. I really hope and pray that the black clergy is able to broker peaceful demonstrations. I do know from news reports that Minneapolis PD is preparing for anything, including group violence.

Here is a link to County Attorney Freeman's remarks at the news conference this morning. The third link is the 11 page detailed description of what went down Nov 15. At one point, the paramedics who responded to the injured GF were barricaded/ locked inside their rig with the patient, unable to exit and drive away due to the behavior of Jamar Clark, who was banging on the doors and sides (the treatment area is separate from the driver's compartment, and they were scared to get out). An EMS supervisor was on scene early on.

The whole situation was terribly frightening for everyone responding-- the paramedics, supervisor, police, etc.

http://www.hennepinattorney.org/~/m...ch-introduction-of-decision-3-30-16.pdf?la=en

http://www.hennepinattorney.org/~/m...legal-standards-explanation-3-30-16.pdf?la=en

http://www.hennepinattorney.org/~/m...ase/speech-clark-chronology-3-30-16.pdf?la=en

There are detailed photos of Clark at the hospital, including many close ups of his hands and wrists on the county attorney website, substantiating the findings that he was never in handcuffs. The autopsy is compelling.
 
[video=vimeo;160724814]https://vimeo.com/160724814[/video]
 
This is a very sad situation. Jamar Clark obviously had been in need of help for a while, I do not know if he was ever given any. Rehabilitation and counseling may have helped him before this incident, and it may not have. In light of his DNA being on an officer's gun, I do believe he was in possession of the gun, thus being an immediate threat to the police and bystanders. We know however that in other incidents this is not always the case. I do not know the racial makeup of LE across the country, but I do believe an effort needs to be made to make LE more diverse. I think this would go a long way in correcting an abundance of LE issues regarding race. As a woman, I would feel more comfortable with female officers, and would think the same could be said in regards to minorities being more comfortable with minority officers. I understand it won't always be possible to match an officer to a suspect in terms of race, but it is a start. Citizens need to feel safe, and LE needs to be able to do their job in order to keep us safe. Instead of riots, citizens and LE should work together to express their issues and find solutions. That would take willingness on both sides.

Sent from my XT830C using Tapatalk
 
So the activists didn't want the grand jury to make the decision and now they're unhappy that the county attorney didn't bring charges?
 
I do not know the racial makeup of LE across the country, but I do believe an effort needs to be made to make LE more diverse. I think this would go a long way in correcting an abundance of LE issues regarding race. As a woman, I would feel more comfortable with female officers, and would think the same could be said in regards to minorities being more comfortable with minority officers. I understand it won't always be possible to match an officer to a suspect in terms of race, but it is a start. Citizens need to feel safe, and LE needs to be able to do their job in order to keep us safe. Instead of riots, citizens and LE should work together to express their issues and find solutions. That would take willingness on both sides.

Sent from my XT830C using Tapatalk

Snipped for focus.

Chief Harteau said today at the press conference with the mayor that 61% of the new officers are people "of color".
 
So the activists didn't want the grand jury to make the decision and now they're unhappy that the county attorney didn't bring charges?

Yes. That's exactly the way I heard it.

Kroll said that “members of the public demanded an independent investigation, which was conducted by the Bureau of Criminal Apprehension. Members of the public demanded oversight, which a provided by the United States Department of Justice. Members of the public demanded a grand jury process not be used, and the Hennepin County attorney agreed. ... I don’t know what more they want. It has been as transparent as it can be.”

http://www.startribune.com/No-charges-against-police-in-Jamar-Clark-shooting-death/373979481/

The irony is that over 1,300 pages of evidence were immediately available online at the County Attorney website, including autopsy reports, photos, search warrants, video, etc. since the County Attorney made the decision. With the GJ process, pretty much none of that would have been immediately available, and would have required court challenges to get it. The process as Attorney Freeman has set it up is extremely transparent, compared to the Grand Jury. Everything is there. Anyone can look at the totality of it and come to their own conclusions.

But for many, there is no amount of evidence that would persuade them that the shooting was legally justified.

The main complaint by those who disagree is that eyewitness accounts were discounted. That's unquestionably not the truth. Mike Freeman breaks that down quite well in his remarks about the handcuff dispute. If one reads the reports, there is no way the handcuffs were ever on JC, due to the absence of JC's skin DNA on them, and the blood spatter on the cuffs as they lay in the grass. Witness statements were all over the place-- some said he was in cuffs, others said no, some said he was cuffed in front of his body, others said behind his back, and still others said he only wore one handcuff.

The medical examiner actually dissected UNDER the skin on both of JC's wrists to look for occult bruising, or any evidence of damage from handcuffs. There wasn't any damage at all on his hands, or wrists.

At some point, I do hope that media and others will stop referring to Jamar Clark as an "unarmed" suspect. He WAS armed-- with the service weapon he took from Officer Riggenberg. That is the crux of the case.
 
Thus far all is peaceful with the crowds gathering, which are just getting underway. Media is reporting many local businesses closed before, or after the press conference this morning.

http://minnesota.cbslocal.com/2016/03/30/cub-foods-closes-jamar-clark-ruling/

The Cub Foods at 701 West Broadway Avenue is closed for the night and will reopen at 6 a.m. Thursday. Shopping carts were placed in front of the main doors to prevent customers from entering. A sign on the door originally said the closure was due to a malfunction with the store’s cash registers.

But a company spokesperson said it’s in response to the ruling on Clark’s death.

“The Cub Foods Broadway location has made the decision to temporarily close because many store employees were upset following today’s announcement regarding Jamar Clark.

http://www.startribune.com/No-charges-against-police-in-Jamar-Clark-shooting-death/373979481/

On the North Side, some businesses announced early in the afternoon that they were closing, including Cub Foods on Broadway, one of the few supermarket options for residents in that part of the city.
 
This is a very sad situation. Jamar Clark obviously had been in need of help for a while, I do not know if he was ever given any. Rehabilitation and counseling may have helped him before this incident, and it may not have. In light of his DNA being on an officer's gun, I do believe he was in possession of the gun, thus being an immediate threat to the police and bystanders. We know however that in other incidents this is not always the case. I do not know the racial makeup of LE across the country, but I do believe an effort needs to be made to make LE more diverse. I think this would go a long way in correcting an abundance of LE issues regarding race. As a woman, I would feel more comfortable with female officers, and would think the same could be said in regards to minorities being more comfortable with minority officers. I understand it won't always be possible to match an officer to a suspect in terms of race, but it is a start. Citizens need to feel safe, and LE needs to be able to do their job in order to keep us safe. Instead of riots, citizens and LE should work together to express their issues and find solutions. That would take willingness on both sides.

Sent from my XT830C using Tapatalk

Actions of certain segments within LE often make this difficult. Imagine what it's like to know if you call for help there's a good chance the situation will only get worse. How can we be expected to trust the police after seeing people harmed or killed again and again and again?

Willingness on both sides, sure, but how willing can a person be when he or she is afraid of the outcome? Both sides will never meet as equals. It's us vs. them.

JMO
 
Snipped for focus.

Chief Harteau said today at the press conference with the mayor that 61% of the new officers are people "of color".
I searched but could not find the 61% statistic regarding new officers. If true 61% seems to be an improvement, but still falls short of the total racial makeup of the department versus racial makeup of the city.

http://cqrcengage.com/ywca/app/document/12313334

The Star Tribune shows for last year that 9% of the department was black, with several dozen expecting to retire in the near future, while black people account for 18% of the city population. So 61% of new hires sounds good, but looking at the big picture many more black officers need to be hired.
 

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