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No Charges for Cops in Martavious Banks Shooting

The police officers involved during the shooting of Martavious Banks have been cleared of criminal charges, even though they turned off their body cameras during the event.

Shelby County District Attorney General Amy Weirich issued a statement Friday morning saying, “there is no evidence of any criminal conduct on the part of these officers.”

The move comes after the Tennessee Bureau of Investigations (TBI) gave Weirich its investigation report in January.

Banks

Memphis Police Department (MPD) director Michael Rallings asked the TBI to investigate the incident last year. Banks was shot by an MPD officer in September. The officers involved in the incident did not have their body cameras turned on during the incident.

While the police were cleared, Banks, 26, is now up on charges of intentionally evading arrest in a motor vehicle with risk of harm to others, unlawful possession of a weapon, driving while license suspended, revoked or canceled, and reckless driving.

Here’s the full statement from Weirich:

“On Thursday, a Shelby County Grand Jury indicted Martavious Banks, 26, on charges of intentionally evading arrest in a motor vehicle with risk of harm to others, unlawful possession of a weapon, driving while license suspended, revoked or canceled, and reckless driving.

These indictments stem from an incident that occurred on September 17th, 2018. On that date, Martavious Banks was shot by a Memphis police officer.

Weirich

I asked the Tennessee Bureau of Investigation to investigate the shooting and the events leading up to it after learning that some officers had disengaged their body-worn cameras during the pursuit of Martavious Banks. The TBI conducted a complete investigation and delivered the report to me on Jan. 11 of this year.

“The report has been reviewed by our office to determine if any state criminal laws were violated. My job is not to determine if policies or procedures of the Memphis Police Department were violated that day.

“After reviewing the investigative file and all of the evidence available to us, I asked the TBI to seek an indictment against Martavious Banks. I have not requested and will not request criminal charges against any police officers involved in the incident. There is no evidence of any criminal conduct on the part of these officers.

“In addition to the indictments returned Thursday, Martavious Banks has pending criminal cases in General Sessions Criminal Court Division 10 and in Criminal Court Division 6. An arraignment date on the new indictments has not been set.
Because of the pending prosecution, our office is prohibited from releasing to the public at this time any body-worn camera footage or any information contained in the TBI investigative report.”

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Letter From The Editor Opinion

Protesting the Protestors

As a journalist, my first instinct is always to wait for all the facts to emerge before passing judgment on incidents such as the one that occurred last week, where Memphis police officers shot and critically wounded Martavious Banks after a routine traffic stop. But this officer shooting does not look good. Cops don’t turn off their body and dash cameras unless they’re trying to hide something. If officers are following protocal and doing the right thing, they want the evidence to validate their actions. The officers — still not identified as of this writing, a week later — were relieved of duty and the TBI was called in to investigate the incident.

In the immediate aftermath, angry relatives and friends of the victim were joined by other protesters and took to the streets, chanting “F—k the police!” among other epithets. Some protesters lay on the pavement and got arrested. Emotions ran high. Video coverage of the event was widely available from several local news outlets.

The following day, Commercial Appeal 9:01 columnist Ryan Poe stirred the pot, though he may not have intended to: “Standing on the parkway in the clammy Memphis heat, the protest felt familiar,” he wrote. “The faces were mostly the same. After well-known activist Keedran Franklin and Shelby County Young Democrats Human Rights Coalition chairwoman Theryn C. Bond yelled in officers’ faces, officers barricaded the parkway and closed Airways. Activists and officers dutifully took up their positions on either side of the barricades. They’d done this before.”

Poe’s column drew heat the following day from the likes of Wendi C. Thomas, Rev. Earle Fisher, and others who pointed out that Poe lacked standing to second-guess the protestors since, as a white person, he’d never had to experience the kind of incident Banks’ family, friends, and supporters were dealing with. Poe held his ground, tweeting: “There’s too much hate and too few solutions at some of the recent protests in Memphis. It’s time to put anger to work.”

I get where Thomas, Fisher, and the others were coming from. I’m a white guy, with all the attendant privilege that comes with that in America today, so I can’t viscerally understand the rage and frustration of Banks’ family and supporters, and I wouldn’t criticize it. The protesters were angry because this incident seemed to be following the usual pattern: The cops involved weren’t identified. The case was being investigated by the TBI — essentially other law enforcement officers — and no information was being released to the public.

Two years ago in Memphis, Darrius Stewart suffered a similar fate at a seemingly routine police stop. Three years before that, Steven Askew was shot 22 times in the back in his own car when awakened by two Memphis police officers who claimed they saw Askew reach for a gun. I was personally acquainted with the Askew family, and I witnessed the rage, the frustration, and the tears — and the saddest funeral I’ve ever attended. Those cops got away with murder, in my opinion. The city paid a settlement to the family, but it’s little solace when your son is taken from you.

So, I don’t blame relatives, friends, and local activists for expressing their rage. These protests aren’t meant to shape national policy; they’re meant to show the MPD and city leaders that people are woke, and that their actions in handling this case had better be aboveboard.

But protesting is situational, which may be what Poe was trying to get at. If, for example, Colin Kaepernick had started screaming “F—k the police” when the national anthem began playing instead of kneeling, do you think his movement would have gotten anywhere? Do you think athletes all around the country would have followed his lead? Do you think that Nike would have lent its corporate clout to his movement? Kaepernick’s aim wasn’t to indict a particular police department; it was to raise awareness of the issue on a national scale. Taking a knee was simple, powerful, and effective.

The truth is, Kaepernick and the Memphis activists who hit the streets last week are after the same goal: stopping the shootings of young black men by police. One protest was local and targeted at MPD; the other is national and targeted at all of us. We should pay attention to both.

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Opinion The Last Word

Hold Your Fire!

When will police officers and their trigger-happy fingers stop terrorizing the public? What will it take to change the way law enforcement uses lethal force on people who are not a threat to their lives?

According to a Washington Post database, 723 individuals have been shot and killed by a police officer so far in 2018. Though circumstances vary in each case and some victims may have been armed or actively threatening officers’ lives, 723 is still a large number. The Post also reports that for the fourth year in a row, the country is on track to hit 1,000 fatal police shootings nationwide.

Let’s take the most recent local example of this misuse of power — last week’s shooting of 25-year-old Martavious Banks. Though Banks is alive at this writing, no less of an injustice was committed, if as has been reported, the man was shot in the back by police officers while he fled.

Brandon Dill

Protesters take to the street.

The situation, as tragic as it is, is exacerbated by the fact that there may be no video footage of the shooting. As reported last week, the three officers involved turned their body cameras off (or never had them on) before pursuing and subsequently shooting Banks in the back multiple times. Without that footage, it will be difficult if not impossible for Banks’ side of the story to be told. Typically — without evidence to counter their testimony — whatever police officers say is taken at face value. That could mean there might be no real-time evidence of the incident — and no justice for Banks, who is currently in a hospital fighting for his life.

And even if it’s determined that the officers had probable cause to shoot Banks, the officers shouldn’t get a pass for turning off their body cameras. The department’s policy to turn cameras on whenever interacting with the public is in place for a reason: Officers need to be held accountable for their actions. Officers aren’t above the law, although it sure seems that way sometimes in this country.

In addition to the fact that there’s no body or dash cam footage of the incident, there’s a lot more in question regarding what happened to Banks. The most obvious, or what should be the most obvious question, is: Why was it that a man was shot while running away from the police? What kind of training instructs someone to use deadly force on someone who is not in the process of causing harm? What possible provocation could there be? We don’t know and we may never find out.

The officers allege Banks had a gun and that one was found in the area, but his friends and family dispute that. Witnesses said Banks wasn’t actively trying to hurt anyone when he was running away. Shooting Banks when apparently no one’s life was in danger (except his, of course) was unnecessary, not to mention dangerous to the public.

Banks is a person. He’s got a family and a life that’s worth something. Did the officers not realize that when they riddled his back with bullets?

Banks was initially pulled over by the officers because his car wasn’t insured. Think about that for a minute. Essentially, a man was shot over a lack of car insurance. And now he’s recovering from injuries he should have never sustained. He’s barely alive because he fled a traffic stop. We live in a country where an everyday, routine traffic stop could be deadly. That’s crazy, sad, and honestly, quite scary. Some people will argue that “if you just do what you’re told, you won’t get hurt.” That’s bullshit. Philando Castile, Terence Crutcher, Alton Sterling, and Eric Garner all compiled, yet they died.

I don’t doubt that police officers have a tough job and have to make critical, life-and-death decisions in a matter of seconds. That really can’t be disputed. I also don’t doubt that officers get scared in some situations. They’re people, so of course they do.

Nevertheless, with great power comes great responsibility. When a person decides to be a police officer, they know what they’re going to be up against. They know their safety will be compromised at times. It’s a part of the job. But they’re trained for these tense situations and should be able to handle them without immediately reaching for a weapon. They’re supposed to be able to talk people down, not shoot them down.

In those critical moments, is fear trumping training? It shouldn’t. It simply can’t. Law enforcement officials nationwide have to assess the way officers respond to potential threats and how readily officers rely on using deadly force to deescalate a mild situation. People shouldn’t keep dying at the very hands of those who are charged to protect us.

Maya Smith is a Flyer staff writer.

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News News Blog

Officer-Involved Shooting Met with Anger, Questions

Questions, anger, and hopes for the family have filled social media after news broke yesterday of an officer-involved shooting of Martavious Banks in Memphis.

We’ll have more details on this story as it develops.

In the meantime, here is what some are saying on social media outlets:

Officer-Involved Shooting Met with Anger, Questions (10)

Officer-Involved Shooting Met with Anger, Questions (8)

Officer-Involved Shooting Met with Anger, Questions (3)

Officer-Involved Shooting Met with Anger, Questions (5)

Officer-Involved Shooting Met with Anger, Questions (6)

Officer-Involved Shooting Met with Anger, Questions (7)

Officer-Involved Shooting Met with Anger, Questions (2)

Officer-Involved Shooting Met with Anger, Questions