Another Dead Black Guy
by Geov Parrish
Some eyewitness accounts of last Monday's fatal U-District encounter
between Shawn Maxwell, 31, and a circle of SPD officers are raising
troubling questions about the shooting.
Most key aspects of the incident seem beyond dispute. An African American
man in his 30s initially fled from an attempted routine traffic stop. After
a brief chase, he pulled over on 7th Ave. NE, the street that runs parallel
and next to the east side of I-5.
There, he took off on foot, officers in pursuit into a nearby alley, only
to re-emerge a few minutes later, surrounded quickly by what eyewitnesses
variously describe as between ten and twelve white officers.
At this point, according to police and initial media accounts, the man was
brandishing "a small sword" (later downsized) at officers. After an initial
shot from a Taser weapon (revised by SPD the following day to "two shots")
failed to subdue him, the man "moved toward officers in a threatening
manner" (different accounts say he walked or lunged), and was shot at least
four times by two different officers. The man later died at Harborview
Medical Center from his wounds.
Several of the closest civilian witnesses, however, have been disputing the
story; some in interviews with me (published in last Wednesday's Seattle
Weekly), some in accounts published that same Wednesday in the P-I.
Both the house immediately across the street from the shooting and its
neighbor are occupied by what resident Justin Pogue self-describes as
"anarchist punk kids." Housemate Matt Leonard organized last fall's Nov. 30
anti-WTO Secluded Alley Works concert that SPD shut down, and as he arrived
home Monday afternoon he thought that the huge police presence meant his
own house was being raided. But it was far worse.
Pogue is the only one of these six or seven eyewitnesses who is willing to
talk on the record, though all say they are willing to testify to what they
saw. And their accounts, like those of many of their neighbors, differ from
SPD's in several critical ways. Among them:
* Pogue says he and other witnesses heard what sounded like a pop, followed
by four gunshots, in rapid succession. The first, Pogue thinks, was the
Taser, though he concedes that it could have been a fifth shot that
"sounded odd." But regardless, they and other neighbors agree, almost no
time elapsed between the failed attempt to subdue the man with the Taser
and the fatal shots.
* Most importantly, all accounts agree that the officers closest to the
suspect were "six or seven yards" away, with the officers forming a
180-degree semicircle around the suspect and an I-5 sound wall behind him.
(A taser's effective range is 21 feet.)
Pogue and others are adamant that, in his words, "I didn't see him advance
toward [the] cops with that weapon"--and that even though from his angle,
he could have failed to see a small motion toward police, Maxwell fell
exactly where he had been standing during the confrontation. And even more
critically, says Pogue (with other witnesses agreeing), "His back was
turned to the cops. He was shot from a rear view angle when they began to
shoot." Both witnesses from Pogue's house and others interviewed by the P-I
insist Maxwell made no motion with his weapon toward police.
Much still is not known or is in dispute. According to a Seattle Times
report, at least one neighbor may have videotaped the shooting. Regardless,
in the wake of past controversial SPD shootings of black men by white
officers--and of the current Police Guild no-confidence vote over the
disciplining of an officer for (among other things) using racial slurs
against Asian-American jaywalkers last summer--the circumstances of last
Monday's death have already spurred renewed calls for greater police
accountability.
The response of official Seattle has been predictable; said embattled
police chief, Gil Kerlikowske, has praised the officers' professionalism
and restraint. (One presumes sadistically skinning the suspect alive in a
back room would have been "unprofessional.") It's not only rather
frightening, and yet another widening of the ever-expanding chasm between
whites and non-whites in this city, but it's terribly unfair to the honest,
conscientious cops here who are also now targets of even more hatred and
paranoia. And this is happening in city after city after city across
America.
This time, even the normally quiescent local NACCP chapter (the same group
whose parent organization last week gave its highest award to Condolezza
Rice) is calling for a federal civil rights investigation--federal because
in over 130 straight cases of King County law enforcement officers causing
civilian deaths locally, dating back three decades, not once have officers
been found to have acted inappropriately, let alone faced criminal charges.
And many of those shootings, especially in recent years, have been of armed
or unarmed black men. There is very little faith that this case, unlike all
of the others, will somehow get a fair hearing. And the OPA (Office of
Police Apologia) that now serves as this city's pathetic substitute for
police accountability is laughably ineffective, serving only to "audit"
whatever investigations police choose to make of themselves--with no
subpoena power. Police officers have by far the most power of any public
employees, and by far the least outside accountability.
Instead, within SPD--as Kerlikowske's comments suggest--the fastest way to
become a hero on the force is to shoot a black man. Afterwards, the chief
will praise you, the Seattle Police Officers' Guild will give you an
Officer of the Month award as an expression of admiration, and all of civic
Seattle will scramble to justify the murder. In Maxwell's case, police now
point to a previous incident in Georgia where he fled from a traffic stop,
dragging an officer down the road in the process. But does that show that
Maxwell feared police (correctly, it seems), or does it prove that even in
racist, redneck Georgia, cops aren't nearly as quick to shoot black men as
they are in Seattle?
Pogue acknowledges that he and the other young witnesses weren't "...very
fond of [SPD] before, like from the stuff they did at WTO. But it shocked
me to see how easy it is to be shot and killed by SPD. I really fear the
SPD now." He wonders why, given that the man was cornered, officers could
not have tried the taser again, or, with all the arriving backup cops,
deploy some other method to subdue the suspect short of lethal force. "It
seemed like a really unjust death. I hope not only that they lose their
badges, but that they are criminally charged for the murder of that man."
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