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Ferguson Decision Brings To Mind Memphis Police-involved Shootings

Protests were organized across the country last week, following a Ferguson, Missouri, grand jury’s decision to not indict police officer Darren Wilson in the August killing of unarmed 18-year-old Michael Brown.

Some in Ferguson held peaceful protests. But others looted and vandalized local shops and burned buildings and cop cars. In other areas of the country, including Memphis, demonstrations in opposition to the decision remained peaceful.

Louis Goggans

A protester at the Ferguson solidarity demonstration in Memphis last week

On Tuesday, November 25th, more than 100 people gathered at the intersection of Poplar and Highland, holding signs and chanting. Jordan Brock, a 24-year-old University of Memphis student, was among the peaceful group of protesters. However, he said he didn’t feel like the local protest would bring change.

“I was under the impression that we were going to march somewhere to try to talk to some kind of public official [and] get some answers to prevent a Mike Brown [incident] happening in Memphis,” Brock said. “But no, it was just us with signs on the intersection making good chants every five minutes. I understand that everybody wanted to be a part of a movement, but there’s no point of doing that if you don’t know what you’re protesting about.”

On August 9th, Wilson, 28, reportedly stopped Brown and his friend Dorian Johnson as they walked down the middle of a two-lane street in Ferguson. While in his Chevrolet Tahoe police vehicle, Wilson requested the two get on the sidewalk. After an exchange of words, a tussle ensued in the SUV between Wilson and Brown.

During the struggle, Wilson’s weapon was unholstered and discharged inside his SUV, according to reports. After being grazed in the hand by one of the bullets, Brown reportedly ran away from Wilson, who pursued him.

But at some point, Brown allegedly stopped running, turned around, and charged toward Wilson, according to Wilson’s account of the story. Subsequently, Wilson fired 10 shots, several of which struck Brown in his head, chest, and right arm, killing him.

Despite avoiding indictment in the shooting, Wilson resigned from the Ferguson police department on Saturday. He attributed his resignation to being concerned about his continued employment jeopardizing the safety of colleagues.

Although locals have focused attention on Ferguson, numerous controversial police-involved shootings have taken place over recent years in Memphis.

Following the December 2012 death of Martoiya Lang, a police officer who was fatally shot while serving a search warrant at an East Memphis home, several people were shot by Memphis police officers.

Memphis attorney Howard Manis is the defense attorney for the families of two of those victims: 24-year-old Steven Askew and 67-year-old Donald Moore. Both families have filed lawsuits against the MPD and city of Memphis, alleging civil rights violations.

On January 11, 2013, Memphis police officer Phillip Penny fatally shot Moore with an assault rifle at his Cordova home. Penny alleged that Moore pointed a gun at him and several Memphis Animal Services employees who were there to serve an animal cruelty warrant.

A week later, on January 17th, Memphis police officers Ned Aufdenkamp and Matthew Dyess shot and killed Askew as he sat in his car in the parking lot of the Windsor Place Apartments. The officers shot Askew nine times after he allegedly pointed his handgun at them.

Manis said with police-involved shootings occurring locally as well as across the nation, it’s imperative for officers to receive additional training on how to handle people of all races during intense situations.

“We shouldn’t be afraid of the police, and the police shouldn’t be afraid of us,” Manis said. “No matter what the color of our skin, what neighborhood we live in, the way we dress [or] act, no one should make generalized assumptions about people and then act solely based on those assumptions.”

According to Memphis Police Department policy, “Officers shall use only the necessary amount of force that is consistent with the accomplishment of their duties, and must exhaust every other reasonable means of prevention, apprehension, or defense before resorting to the use of deadly force.

“Officers are authorized to use deadly force in self-defense if they have been attacked with deadly force, are being threatened with the use of deadly force, or has probable cause and reasonably perceives an immediate threat of deadly force. An officer can also use defense if a third party has been attacked with deadly force, is being threatened with the use of deadly force, is in danger of serious bodily injury or death; or where the officer has probable cause and reasonably perceives an immediate threat of deadly force to a third party.”

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Wrongful Deaths?

On the night of January 11, 2013, 67-year-old Cordova resident Donald Moore ran for cover in his bedroom as he heard people forcing their way into his home.

Minutes before, a member of the Memphis Police Department’s (MPD) TACT Unit busted out a window of Moore’s home, throwing a flash-bang grenade inside. Other officers entered the back of his house, deploying additional grenades. Fearing for his life, Moore dialed 911.

Phillip Penny

“He is on the phone with 911 when Officer [Phillip] Penny shoots him,” said attorney Howard Manis. “He shot him with an M-4 Rifle three times at close range.”

Bullets from Penny’s assault rifle entered Moore’s neck, torso, and right shoulder, traveling into his chest and mortally wounding him. Penny would later allege that Moore pointed a gun at him and several Memphis Animal Services employees who were at his home to serve an animal cruelty warrant.

On behalf of the Moore family, Manis, along with attorney Jeffrey Rosenblum, has filed a $3 million wrongful death lawsuit against Penny, the MPD and its director Toney Armstrong, TACT Unit Commander Charles Morris, and the city of Memphis.

A week after Moore was shot and killed, 24-year-old Steven Askew fell asleep in his car at the Windsor Place Apartments on January 17th while waiting for his girlfriend to get off work.

Ned Aufdenkamp and Matthew Dyess

Two MPD officers, Ned Aufdenkamp and Matthew Dyess, noticed Askew asleep and, upon suspicion, approached the vehicle. The officers stated that as they got to the car’s window, they noticed a handgun in between Askew’s legs.

The officers tapped on the window while shining flashlights into the vehicle, awaking Askew. The officers stated they told Askew to raise his hands. Instead of complying with the requests, they allege Askew threw some “gang signs” before arming himself with the handgun and pointing it at them. The officers reacted by discharging their weapons, leaving Askew’s car riddled with bullet holes, nine of which fatally entered his back, arms, and the back of his neck.

Manis and Rosenblum are representing the Askew family, which has filed a wrongful death lawsuit amounting to $3 million in damages as well.

“We need to focus on what they did and their explanations and then determine whether or not those were part of a policy procedure or their deviations from that,” Manis said.

Officers Aufdenkamp, Dyess, and Penny were relieved of duty with pay during the investigation into their shootings. No criminal charges were filed against the officers, and the MPD’s homicide bureau declared both shootings justifiable. All officers remain employed with the department.

A month before the fatal shootings of Moore and Askew, MPD officer Martoiya Lang was murdered as she served a search warrant on December 14, 2012.

Manis questions whether there was additional training and counseling provided to circumvent problems that could arise as a result of the MPD being on “heightened alert” after Lang’s death.

In addition to providing both the Moore and Askew families with some relief for their loss, Manis said he hopes the lawsuits spark a change in how the MPD trains its officers on the appropriate timing to exhibit excessive force.

“These are two people who died at the hands of those who have been sworn to serve and protect, and neither were committing crimes,” Manis said. “One was in his home and the other was in his car, and now they’re dead. And they were killed as a direct result of police officer conduct.”

At press time, Manis was still awaiting a response from the defendants named in the lawsuits. The MPD did not respond to the Flyer‘s request for comment.

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Wrongful Death Lawsuits Filed Against City Of Memphis, MPD

Attorneys representing the family of slain Memphis resident Steven Askew have filed a $3 million wrongful death lawsuit against the city and several Memphis Police officers.

On January 17th of last year, 24-year-old Steven Askew was shot and killed by two Memphis police officers as he sat in his Ford Crown Victoria. Minutes before the shooting, Askew was asleep in his car awaiting the arrival of his girlfriend at the Windsor Place Apartments complex. Multiple residents have stated that Askew waited in his car for his girlfriend on a regular basis.

The police officers involved in the shooting, Ned Aufdenkamp and Matthew Dyess, noticed Askew sleep in his car and upon suspicion, approached the vehicle. The officers stated that as they got to the window of the car, they noticed a handgun in between Askew’s legs.

The officers tapped on the window while shining flashlights into the car, awaking Askew. The officers stated they gave Askew verbal commands to raise his hands. Instead of complying with the officers’ request, they allege Askew threw some “gang signs” before arming himself with the handgun and pointing it at them. The officers reacted by discharging their weapons. In the end, 22 shots had been fired, nine of which hit Askew in the back, arms, and back of the neck.

The incident led some to question whether or not the shooting was justified. It was later revealed that one of the officers involved, Aufdenkamp, had a past history of performance issues. It was also disclosed that Askew had a permit for the handgun in his car; ballistics tests determined that Askew’s firearm wasn’t discharged during the incident.

Under the representation of attorneys Jeffrey Rosenblum and Howard Manis, Askew’s family is suing the city along with both officers involved and Memphis Police director Toney Armstrong for $3 million in damages for the killing. View the Askew family’s complaint here

A week before Askew’s shooting, 67-year-old Donald Moore was fatally shot by an Memphis Police officer at his Cordova home on January 11th. The officer involved, Phillip Penny, said he shot Moore after he pointed a gun at him and several Memphis Animal Services employees who were there to serve an animal cruelty warrant.

Moore’s family has also filed a wrongful death lawsuit against the city, Penny (who also has a troubled past with the department), TACT unit commander Major Charles Morris, and Armstrong. The case is also being represented by Manis and Rosenblum. Similar to the Askew family, they’re seeking $3 million in damages. View the Moore family’s complaint here

None of the officers involved in the two shootings were prosecuted and remain employed with the department. Both of the fatal shootings took place a month after Memphis Police officer Martoiya Lang was killed while serving a search warrant on December 14th, 2012.