A Position Paper by Rev. Jerome C. Chambers, President of Champaign County NAACP

“For 100 years, the National Association for the Advancement of Colored People (NAACP) has played a pivotal role in shaping a national agenda to ensure the political, educational, social, and economic equality of African Americans and other people who have faced historical discrimination in the United States.  And further, to support and leverage the work of our local units, who work tirelessly on behalf of many communities in crisis, by implementing an advocacy agenda to ensure equal justice and safer communities.”

A few weeks ago the Champaign City Council entertained the Champaign Police Department in a discussion as it relates to its use of force policy.  The intentional idea surrounds the probable cause of the issues involving the death of 15-year-old Kiwane Carrington.  The promotion of this policy is as unfortunate and untimely as the H1N1 flu.  No one expected its arrival, especially City Council who appeared to be stumped.  The actions of two young soon-to-be men, whose response is typical of 15 year olds has been regrettable, even more so are the actions of two police officers.

How tragic, regardless of the color of these boys or the police officers in question.  In the midst of the public’s outcry, the men in question are sworn first and one of them is the Chief second.  If he was in the vicinity as the nearest officer, why wouldn’t he respond?  Whether or not he should have been there is a matter of opinion depending upon who you ask.  What would any of us have done in that position? The City of Champaign is learning to cope with a reality that has been thrust upon it in a most painful way.  It is being made to wait out a theory, an investigation whose time has come.

The act of patience has taken on an emotion, seething with anger and frustration.  Anger is a cleansing agent.  Perhaps the action of imperative people, those who must be in control should stand and take a bow and perhaps not, especially now that we do not know who is in control.  For whatever drives imperative people should cause them to learn to cope with difficult people.  They are in every walk of life.  People do what they do because they are people.

Fixing problems are not easy by any stretch of imagination.  Coping with difficult people in difficult situations might easily add to the problems.  Consequently, in a behavioral context, coping with difficulties in people require indentifying first and understanding second, the premise of a situation that leads to anger and helplessness.  “How should a society or community respond to wrongdoing?  When a crime occurs or an injustice is done, who can say what needs to happen?  What should people do, react?  What does justice require and who should enact it?”

The following is a brief explanation of the Champaign Police Department’s New Use of Force Policy, followed by what is to be considered as changes governing use of force, especially deadly force.  Note that there are significant differences between the past and present CPD Use of Force’s policies that warrant public concern and Champaign City Council attention.  It is also known that certain strides have been made to reference ILEAP standards and state statute, the new policy generally provides greater latitude and discretion to the police while compromising the public interest and safety.

http://www.illinipundit.com/2009/10/09/another-reason-why-ng-no-longer-relevent#comment-124936

“It might be useful to consider the Illinois Statute with respect to the use of force by a peace officer.”

(720 ILCS 5/7‑5) (from Ch. 38, par. 7‑5)

Sec. 7‑5. Peace officer’s use of force in making arrest. (a) A peace officer, or any person whom he has summoned or directed to assist him, need not retreat or desist from efforts to make a lawful arrest because of resistance or threatened resistance to the arrest. He is justified in the use of any force which he reasonably believes to be necessary to affect the arrest and of any force which he reasonably believes to be necessary to defend himself or another from bodily harm while making the arrest. However, he is justified in using force likely to cause death or great bodily harm only when he reasonably believes that such force is necessary to prevent death or great bodily harm to himself or such other person,

or when he reasonably believes both that:

(1) Such force is necessary to prevent the arrest from being defeated by resistance or escape; and

(2) The person to be arrested has committed or attempted a forcible felony which involves the infliction or threatened infliction of great bodily harm
or is attempting to escape by use of a deadly weapon, or otherwise indicates that he will endanger human life or inflict great bodily harm unless
arrested without delay.

(b) A peace officer making an arrest pursuant to an invalid warrant is justified in the use of any force which he would be justified in using if the warrant were valid, unless he knows that the warrant is invalid.

(Source: P.A. 84‑1426.)

As for the use of force policy, which was discussed at the Council Study session on November 10, 2009, it was decided by the Champaign Police Department to propose changes in the following areas:

  • Adding language that better explains when it is legally reasonable for an officer to use deadly force.
  • Emphasizing language about the restrictions in the use of deadly force when a suspect is resisting or escaping.
  • Clarifying the Champaign Police do not use Conducted Energy Weapons (tasers), but may call in other agencies to deploy them, and providing guidance on when tasers may be requested.
  • Reinserting language found in the previous policy concerning when an officer may display a firearm.
  • Adding language to state that the Annual Use of Force Report will be reviewed by both City Council and the Human Relations Commission.

It was believed that “these policy revisions would accomplish the intent of the Council and citizen recommendations as well as provide improved guidance to officers concerning use of force.”  This is a quote from the Chief of Police.

We must be clear in the wake of the results of the investigative report as to what excessive force or use of force policy is.  Changing the lenses on how the community sees the use of force is paramount to rebuilding trust and confidence in the local police department in Champaign.  We must determine what outcomes promote responsibility and healing for all.  We must allow the healing process to begin.

As a branch of the National Association for the Advancement of Colored People, also known as the NAACP, we are compelled to follow the Criminal Justice Manual despite what we may personally feel.  Likewise, we are aware of and make use of the ‘Talking Points’ as it relates to the use of force.  The NAACP is committed to a proactive approach tom police shootings and all other forms of police brutality.  We will not wait for the next inevitable violation only to decry after the fact that it should not have happened.  We must push for solutions that will help keep the next officer from needlessly reaching for his or her side arm to use against an innocent person simply because of the color of their skin.

Consider these facts in Quick Stats

  • A study of police use of force in Texas found that force was used against African Americans twice as often as against white citizens.  Hispanic citizens experienced 25% more incidents of police use of force.
  • One study of police officers in Illinois found that 25% admitted having seen a fellow officer harass an individual “most likely” because of his or her race.
  • Any use of force among police is relatively rare, occurring in less than 1% of all police contacts, but excessive use of force has been found to occur in up to 335% of all encounters that involved any force.
  • 25% police agreed with the statement that whistle-blowing against other officers is “not worth it” and 60% agreed that officers do not report even serious abuse of authority by their colleagues.
  • 90% of police agreed that front –line supervisors could be effective in preventing the officers under their command from abusing their authority.
  • A study of 6,447 reports of use of force in Austin, Texas found only one incident where a supervisor suggested in wrongdoing by the officer.
  • 50% of all officers and 65% of African American officers believe that community policing is effective in reducing police abuse of authority.

All people regardless of race, creed, color or national origin should practice safety first.  Fear can be disarming and anger, frustration and humiliation can turn the most unassuming person into a victim or an assailant.  Wise choices are desired more than anything else.  Everyone should choose to be smart and safe.

The NAACP has sought to educate not only the youth but adults as well concerning what makes sense and will help keep one alive regardless of alleged innocence or guilt.  When it comes to encountering the police, it is better to comply than to die needlessly, especially with a use of force policy in effect.  Contrary to popular belief and some misguided inferences, if you are stopped by the police it is not unconstitutional to comply.  However, you should know your rights to avoid feeling victimized.

The local NAACP of Champaign County has prepared a Guide to Interacting with Law Enforcement.  This information was gathered for dissemination by the individual Illinois NAACP branches and is available to other agencies and organizations.  It has been placed on our local website @ www.naacpcc.org and is available to be downloaded to educate adults as well as young people.  The Education Committee and Legal Redress Committee highly recommend the use of these guidelines to help keep everyone safe.

In conclusion, it must be noted that our city joins the ranks of many who have suffered a serious tragedy.  A few weeks ago, police shot and killed Mark Anthony Barmore, a 23 year old African American male in Rockford, Illinois.  Eyewitnesses say that outside the church day care center, Mr. Barmore encountered two local police officers who were apparently looking for him on an allegation of domestic violence.  He ran inside the church, and the officers followed him, with their guns drawn and without a warrant.  After Barmore entered a small boiler room, the police demanded that he come out.  He slowly appeared with his hands up.  He was unarmed.  Witnesses said, the police shot him in front of the children of the day care center.  While he lay face down, he was shot three more times in the back.

The Rockford Branch of the NAACP has called upon the Department of Justice to get involved and was followed by a major mobilization on October 3, 2009.  These and other incidents such as our own must not deter us from additional findings as to why such tragedies become travesties of justice.

NAACP President Ben Jealous, State and local NAACP leaders, along with Rev. Jesse Jackson, have launched a major mobilization effort.  The NAACP has also been working with Congress, specifically House Judiciary Committee Chairman, John Conyers, Jr. (MI) to enact legislation to mandate official standards for the use of force for every law enforcement agency from federal marshals to rank and file cops on the beat.

Currently, there are as many use-of-force policies as there are law enforcement agencies, and there are as many interpretations of those policies as there are law enforcement officers.  This lack of uniformity is one of the core reasons behind the tragedy in Rockford, Champaign and in too many other police shootings across the nation.  Enough is enough!

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