A video of police putting a young Black boy in a police vehicle over an allegedly stolen bag of chips went viral on Tuesday.
The person who recorded the video appeared to have just happened upon the scene, which involved at least three Syracuse Police Department (SPD) officers putting a boy into a squad car, as another child stood by.
The boy screams, cries, and tries to get away, as the man recording asks what is going on and tells the officers to stop.
“He look like a baby to me,” the man says.
“He’s stealing stuff,” a cop says. “Keep walking, dude. You don’t even know what you’re talking about.”
A single bag of chips is on the ground nearby. The other boy present at one point screams at the cops that the other kid didn’t steal, while the man recording offers to pay for the chips if that is the issue. “I’ll pay for them,” the man says.
Another man shows up and tells police that the boy looks too young to legally be arrested, likely referring to a recently passed law that prohibits children under the age of 12 from being arrested and prosecuted in New York under most circumstances, barring homicide. However, the law doesn’t take effect until next year.
The video ends with the boy screaming from the back of the police vehicle.
On Facebook, the SPD said in a statement it is reviewing the incident.
“We are aware of a video being shared on social media involving several of our Officers and juveniles accused of stealing from a store on the City’s northside. The incident, including the Officers’ actions and body-worn cameras, are being reviewed. There is some misinformation involving this case. The juvenile suspected of larceny was not placed in handcuffs. He was placed in the rear of a patrol unit where he was directly brought home. Officers met with the child’s father and no charges were filed,” it wrote.
It went viral on both Reddit and Twitter Tuesday.
It’s unclear when exactly the incident took place, or what happened with the child involved. Attempts documented by Twitter users to learn more from the SPD were unproductive.
“They traumatized that little boy over a bag of chips? Unbelievable,” one Twitter user said.
Redditors also brought up the idea of adultification bias, where Black kids are often viewed as older, and therefore “less innocent,” than white kids.
Policing is not exactly an easy job; the level of support that police officers receive in executing their duties may be dictated by the level of maturity and sufficiency of the communities they police. Poorer, disadvantaged communities that are incubators of criminality tend to be less tolerant of government agents (police), whom they view less favorably as oppressors than protectors. This is not a concept confined to Jamaica but rather one that permeates poorer societies in which the police is the face and force of Government. As a former police officer who spent a decade policing the gritty communities of Kingston & Saint Andrew and many places across Jamaica, I understood fully the psychology that binds communities that view government in an unfavorable light, regardless of who is in power.
Poverty, lack of opportunities, and lack of resources in those communities become soil, water, and sunlight for the germination and growth of crime. Government agents are the least welcome visitors to those communities; government agents are seen as ‘stopping their food.’(sic) Regardless of the rightness of police action within those communities, there is little support for what they do; lawful police action is viewed as ‘evil by the wicked police.’ So arresting someone who has been stealing electricity, water, or food is a crime by the wicked police, not the right thing to do as they are tasked. Anti-police hatred should be anti-government hatred, but as I said earlier since the police are the face and force of government, that venom is directed at them. In Jamaica, in particular, that venom is spread by a lazy and deceptive media that knowingly participates in disseminating false information. Of the two main security agencies, the JCF&JDF, the Jamaica Defence Force has long enjoyed deference and respect from inner-city communities that the police as an agency could only hope for. Individual police officers who exemplified themselves in different ways enjoyed support and respect, not the force as a collective. The JDF was more revered and respected because (a) many rank-and-file military members lived in those communities, but (b) more so because soldiers were not tasked with doing police duties. They were only called out for special events. Over the last several decades, the JDF has been pressed more and more into complimenting police numbers in law enforcement duties. As communities realize that policing is a concept, not a person or group of people, the luster has gradually worn off the JDF. Soldiers are essentially now police in a different uniform.
The young men and women of the JDF who are thrust into these untenable situations live the nightmare that young men and women of the JCF have been exposed to for decades after independence. They have experienced the anger from communities pissed at government failures, incompetence, corruption, and bad policies. Young members of the security forces are victims of the systems like the people who live in those communities. Members of the Jamaica Defense Force are now living the nightmare their counterparts in the Constabulary have always lived, dealing with obligatory accusations they are murderers and the lies that everyone witnessed events of police abuse that occurred at four in the morning. An irresponsible and lazy press enhances the process of spreading the poison. Young soldiers in west Kingston and wherever else their political bosses thrust them into covering up the smoke of political incompetence must now navigate paths to their survival, which is to collect their paycheck and go home to their families. The same dilemma young police officers face that leads to the high attrition the Constabulary faces, despite the lack of jobs in the country. The JDF is now a police force in a different uniform, bye-bye luster.…..
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Mike Beckles is a former Police Detective, businessman, a freelance writer, black achiever honoree, and creator of the blog mikebeckles.com.
*On May 23, 1934, a posse composed of police officers from Louisiana and Texas, including Texas Ranger Frank Hamer, concealed themselves in bushes along the highway near Sailes, Louisiana. In the early daylight, Bonnie and Clyde appeared in an automobile, and when they attempted to drive away, the officers opened fire. Bonnie and Clyde were killed instantly. (fbi.gov)*. Clyde Champion Barrow and his companion, Bonnie Parker, were wanted for crimes that ranged from murders, bank robberies, and theft of motor cars to abduction. The Bureau of Investigations was pursuing them, (now the FBI), along with local police and Sheriff’s officers.
Bonnie Parker & Clyde Barrow
At the time they were killed in 1934, they were believed to have committed 13 murders and several robberies and burglaries. Barrow, for example, was suspected of murdering two police officers at Joplin, Missouri, and kidnapping a man and a woman in rural Louisiana. He released them near Waldo, Texas. Numerous sightings followed, linking this pair with bank robberies and automobile thefts. Clyde allegedly murdered a man at Hillsboro, Texas; committed robberies at Lufkin and Dallas, Texas; murdered one sheriff and wounded another at Stringtown, Oklahoma; kidnaped a deputy at Carlsbad, New Mexico; stole an automobile at Victoria, Texas; attempted to murder a deputy at Wharton, Texas; committed murder and robbery at Abilene and Sherman, Texas; committed murder at Dallas, Texas; abducted a sheriff and the chief of police at Wellington, Texas; and committed murder at Joplin and Columbia, Missouri.
It would be difficult to imagine that any law-abiding person would not want the authorities to collar the pair before they could do any more harm. This brings us to the million-dollar question; *are law-enforcement officers justified in summarily executing criminal suspects without trial by a court of law*? The killing of Clyde Barrow and Bonnie Parker was certainly not the first time that American law enforcement officers had summarily murdered without trial people they suspected of crimes-sometimes minor infractions if they were Black. Their killing was a high-profile summary execution that captured the nation’s imagination. Their stories have been told in movies, comic books, and documentaries. No one bothered addressing why they were summarily murdered without any attempt to trap and capture them so they could face trials for the crimes they were accused of?
A set depicting an old western town…
The answer to that question may be tied to a period that predates the killing of Parker and Barrow.… a time when a *suspected* horse or cattle thief was tried in the salon while a gallows was being erected outside. At the end of the kangaroo trial, the bloodthirsty whiskey sodden hoodlums would stumble out of the salon and string up the suspect until he was dead-innocent or not. *Being so high-profile, the Clyde Barrow, Bonnie Parker killing represents one of the better-known incidents in which law enforcement summarily executed citizens without a trial and suffered no consequence. Barrow and Parker’s killings were automatically justified not because they refused to surrender; they were not given a chance to surrender; they were executed for their allegedly committed crimes.
The summary execution of Barrow and Parker became precedent on how to handle alleged criminals, whether they were guilty or not. People of color, already suffering under the irreversible yoke of black skin, were already having their lives snuffed out by police with no questions asked. The nation did not care; the word of the police was enough; they deserved it. Today, they still kill without consequence, just a lot more so. The idea of criminalizing Blacks and using their criminal record to devalue their lives became a necessity and a mainstay of law enforcement; it remains so today. The wearer of black skin is presumed guilty until proven innocent, one hundred & eighty degrees opposite of what an American citizen is entitled to under the nation’s constitution. Black skin means undeserving of respect, undeserving of deference.
Patrick Lyoya, 26, was killed outside a house in Grand Rapids, Michigan. The white officer repeatedly ordered Lyoya to “let go” of his Taser, at one point demanding: “Drop the Taser!”
The elevation of police officers’ lives above that of the citizens they serve and the practice of ignoring police crimes has created an unaccountable police culture, one rife with impunity and arrogance. The badge they wear symbolizes state power, impunity, and immunity. The gun on their hips makes them carefree and gives them a laissez-faire attitude about certain lives. They kill whomever they want under the color and cover of law, unconcerned about consequence. Paid vacations, promotions, and awards they give to themselves are the rewards they reap for outright murder. Patrick Lyoya, a 26-year-old Black man, was the latest to suffer that fate. A Grand Rapids, Michigan cop with whom he struggled, put a bullet in the back of his head even as he had Lyoya face down in the mud. The Grand Rapids police did not even feel the need to furnish the name of the cop; he is on paid leave. Police continue to kill in the name of the state, and the state protects its own.
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Mike Beckles is a former Police Detective, he’s a businessman, freelance writer, black achiever honoree, and creator of the blog mikebeckles.com.
After Minneapolis monster-cop Derek Chauvin and his three sidekicks murdered George Floyd, America erupted in a social justice outcry many say exceeded the social justice upheaval of the 60s. Police across America did not stop abusing citizens, not by a long shot; some data points to increased aggression and abuse by many police departments, particularly in large cities and towns. In New York City, Buffalo, New York, In Oregon, right here in Minnesota, and places in between-police increased aggression, abuse, and violation of citizens’ rights. Even more frightening is that though the country was in an upheaval about police violence, including their use of lethal force, police across the country did not change their patterns and practices related to the use of lethal force.
NYPD thugs showed exactly what they are.… on the taxpayer’s dime.
The New York Times reported in November of last year that just seven hours before prosecutors opened their case against Derek Chauvin, a former Minneapolis police officer charged with murdering George Floyd, a Chicago officer chased down a 13-year-old boy in a West Side alley and fatally shot him as he turned with his hands up.
One day later, at a hotel in Jacksonville, Fla., officers fatally shot a 32-year-old man, who, the police say, grabbed one of their Tasers. The day after that, as an eyewitness to Mr. Floyd’s death broke down in a Minneapolis courtroom while recounting what he saw, a 40-year-old mentally ill man who said voices were harassing him was killed in Claremont, N.H., in a shootout with the state police. On every day that followed, through the close of testimony, another person was killed by the police somewhere in the United States. The killings continued unabated to three (3) per day, but that is hardly the only issue Americans face at the hands of out-of-control police. The Times recounted, even as Americans continue to process that case — and anxiously wait for a verdict — new cases of people killed by the police mount unabated. https://mikebeckles.com/arbitrator-cleared-monster-cops-who-pushed-75-year-old-man-to-the-ground-fracturing-his-skull/
Jeffrey Selchic
In New York City, members of the NYPD used the vehicles paid for by the taxpayers of that city to attempt to ram and run over protestors who had the nerve to protest their barbaric actions. In Buffalo, New York, robotic monsters in police uniforms pushed a 75-year-old man to the ground fracturing his skull-Martin Gugino spent over a month in hospital recovering from a concussion and fractured skull. The monsters who violently assaulted mister Gugino were cleared by an Albany Arbitrator named Jeffrey Selchick, who argued mister Gugino‘was definitely not an innocent bystander. Selchick called the officers’ use of force “absolutely legitimate. Selchick added that “Gugino may also have been surprised when the officers used force to push him away because he may have entertained the unfounded belief that the officers would let him interfere with the performance of their duties.” In other words, the police are well within their rights to use any level of force they deem fit to punish citizens if their orders are not immediately complied with. Mister Gugino was reportedly out after a declared curfew. Jefferey Selchic was an Adjunct Professor who taught Arbitration and Collective Bargaining courses at Albany Law School, Union University.
75 ‑year-old Martin Gugino lay prone on his back, bleeding from the head, concussed and suffering from a fractured skull after two cops pushed him to the ground. No cop helped him as he lay bleeding…
As the attention of Americans is directed at events happening thousands of miles away in Ukraine, the corporate American media continue to harp on human rights abuses supposedly committed by Russian troops. Interestingly they fail to report on the daily assault on human rights right here in the United States. Frighteningly, at every level of the courts system in the United States, there is continued support for police abuse of citizens and a total disregard for the constitution. The supreme court continues to bend and twist the constitution to facilitate a comprehensive police state right here in America. While Americans watch and criticize Russia’s government for abuses in Ukraine, American police are slowly turning the streets of cities and towns into a comprehensive dystopian nightmare for Americans- particularly Americans of color. Police have nothing to fear from the courts; aggrieved citizens will have to decide what course of action they will take if they cannot get justice from the branches of government tasked with honoring the constitution because they are more interested in fostering a police state.
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Mike Beckles is a former Police Detective, businessman, a freelance writer, black achiever honoree, and creator of the blog mikebeckles.com.
While you weren’t looking after the tumultuous events that preceded the police murder of George Floyd, local administrators have been busy putting criminal cops back on to police departments after they have been fired or suspended for egregious crimes against members of the public they are sworn to protect. As those monsters are returned to the streets, look for them to become more emboldened in their attacks on civilians. Worse, it is logical to expect others with similar mindsets to act out their violent tendencies against innocent citizens, regardless of their age or gender.
Jeffrey Selchick
Two Buffalo Police officers were cleared of wrongdoing after an elderly protester was pushed to the ground.
Violent cops who pushed a 75-year-old man to the ground cracking his skull, and did not help him were cleared by an arbitrator who basically said he deserved what he got. Mister Gugino suffered a concussion and fractured skull and remained in the hospital for nearly a month before being released, according to a civil rights lawsuit filed against the officers.
Officers Aaron Torgalski and Robert McCabe were found not guilty on Friday by an arbitrator who said Martin Gugino ‘was definitely not an innocent bystander.’
An arbitrator cleared two Buffalo Police officers of wrongdoing in a 2020 protest in Niagara Square, where a 75-year-old man was injured after being knocked to the ground. Officers Aaron Torgalski and Robert McCabe were found not guilty on Friday by arbitrator Jeffrey M. Selchick, who said Martin Gugino “was definitely not an innocent bystander” and that there was no evidence that the officers intended to injure him on June 4, 2020.
Selchick called the officers’ use of force “absolutely legitimate” in his ruling.
“Gugino, after the force was applied to him, appears to have not been able to keep his balance for reasons that might well have had as much to do with the fact that he was holding objects in each hand or his advanced age,” Selchick said in his ruling.
In a video from WBFO radio that was shared around the world, Gugino is seen approaching officers from the now-disbanded Buffalo Police Department’s Emergency Response Team during a protest on June 4, 2020, after curfew.
Gugino was holding a cellphone and stepping backward on the steps of Buffalo City Hall when Officers Torgalski and McCabe are seen shoving Gugino backward. He fell to the ground and suffered a skull fracture.
In his ruling, Selchick added that “Gugino may also have been surprised when the officers used force to push him away because he may have entertained the unfounded belief that the officers would let him interfere with the performance of their duties.”
Buffalo Police Benevolent Association President John Evans told 2 On Your Side he was “ecstatic” to hear the arbitrator’s decision.
“Two good cops who initially got thrown under the bus are back to the profession they love and they’re doing it with a clean slate. No criminal charges, nothing administratively. They’re ready to hit the streets and go back to work for the citizens of Buffalo,” said Thomas Burton, attorney for the Buffalo Police Benevolent Association.
The assault charges against officers Torgalski and McCabe were dismissed in February of 2021.
A City of Buffalo spokesperson told 2 On Your Side the city does not comment on pending litigation but added that the officers are expected to return to duty next week.
“I stand by the fact that charges should’ve been filed, and there was probable cause at that time to charge that offense, and I stand by that,” Erie County District Attorney John Flynn said when announcing that the charges had been dropped.
Burton said while both officers look forward to returning to duty he lamented that the thing the legal system can’t fix is the officers’ reputations.
Prosecutors announced Wednesday that the Minneapolis police officer who fatally shot Amir Locke during a predawn, no-knock raid in February will not face charges in the killing.
Locke, a 22-year-old Black man, was shot and killed Feb. 2 as the Minneapolis Police SWAT team members executed a warrant related to a homicide investigation in neighboring St. Paul.
Body-camera video released by Minneapolis police shows Locke apparently waking up as SWAT officers burst into the apartment, his body wrapped in a comforter and a bright light in his face. As Locke shifts his body to sit up, a gun is seen in his hand. Locke did not live in the apartment where he was killed. It was rented by the girlfriend of the older brother of Mekhi Speed, a suspect in the St. Paul homicide investigation. Speed and his mother, Cheryl Locke, lived in another apartment in the same building, which was also searched by police in coördinated raids around the same time.
Silent body camera footage released earlier this year showed a Florida police officer choking his female colleague after she pulled him away from a Black man’s arrest. Recently released audio shows what the cop had said to the suspect and what likely caused the junior officer to intervene. Sunrise police were responding to a call about a man accused of attacking people outside a convenience store in November. Officers handcuffed a 25-year-old man and tried to get him into a police vehicle. Sgt. Christopher Pullease then arrived on the scene, taking an aggressive lead on the arrest and pointing a Mace canister at him while cursing at the man.
“Hey, hey, look at me. Look at me! You wanna fucking play fucking games? You’re playing with the wrong motherfucker,” Pullease tells the handcuffed man entering the police cruiser, according to the audio initially obtained by Miami TV station WSVN and published on March 23.
“Do what you gotta do, man,” the suspect responds. “You gonna Mace me? Mace me.” According to Pullease’s body camera footage, the sergeant then leans into the vehicle to get closer to the handcuffed man. “Look at me, motherfucker. You wanna play fucking games? You wanna be disrespectful with my fucking officers?” Pullease shouts. “I will remove your fucking soul from your fucking body.” (a threat to kill) It was at that point when the 28-year-old female officer intervenes by grabbing the back of Pullease’s belt to pull him out of the car, as shown in body camera footage belonging to another officer on the scene. The junior cop, who has about two years of experience on the force, appears to be trying to deescalate Pullease’s confrontation with the suspect.
The sergeant then turns around and grabs her by the throat, backing her up against a patrol car. “What the fuck? Don’t ever fucking touch me again,” the sergeant screams at her. “Get the fuck off me.” Pullease then tells the junior officer, “I’ll fucking see you in about five minutes.” The sergeant briefly goes to his police vehicle before coming back and demanding all officers on the scene “turn off your fucking cameras.” The footage ends at that point. Sunrise police spokesperson Justin Yarborough told HuffPost on Monday that the department released the video with sound after WSVN-TV published their copy of the video. *note that the sunrise police department held the video with sound and only released it after the media released the sound version they had*. Sunrise police suspended Pullease, who has been with the department for over 21 years, in November with pay after launching an internal investigation into his behavior. The Broward County State Attorney’s Office launched a criminal probe into the sergeant in January. Yarborough said that the department is working with State Attorney Harold Pryor’s office and has paused its internal investigation due to the criminal allegations.
“The need to withhold audio has run its course,” the spokesperson said. “Once the investigation is complete, the finding will be available.”*nope you withheld it until the media made it available to the public and you wanted to save face* Yarborough said that the female officer invoked Marsy’s Law, which allows crime victims and police officers to remain anonymous in order to maintain safety against people who may retaliate. As a victim, the 28-year-old junior officer requested that her identity be protected. “I’m very proud of this police officer. She took some definitive action,” Sunrise Police Chief Anthony Rosa told WSVN in an interview. “I can only imagine what she must be feeling. She’s a newer officer, and he’s a very senior sergeant.” Rosa said that the department has already implemented policies requiring intervention and de-escalation. “This officer intervening and stopping a situation from getting any worse is a direct reflection of the training that we do with the police department,” the chief told the Miami station. “And I think that it’s important to note that the behavior is very unacceptable by the sergeant, but the behavior of the officer that intervened is exactly what society’s asking their police officers to do right now.”
Flushed with support from the supreme court on down, American police have decided they will kill anyone who dares to show contempt of cop. Multiple shots as long as their victims are black. They continue to do it because they know they will get away with it, until of course, the people decide enough is enough.
Unarmed Black New Jersey Man Steps Outside to Retrieve Bottle of Tea from Vehicle, Winds Up Paralyzed After Being Ambushed By Plainclothes cops.
An unarmed Black man sitting in his car outside of his home was shot by a police officer, leaving the majority of his body paralyzed. Jajuan Henderson, 29, is now suing the city and members of the police force for damages incurred by the incident. A copy of the lawsuit, names the city of Trenton; the director of Trenton police, Steve E. Wilson; and the four officers from the scene of the incident, listed only by their initials (M.G., C.H., J.C., and J.L.), as defendants and alleges the arresting officers used excessive force, negligence, and racial profiling during the encounter. The Burlington City native was parallel parked outside of his home on Feb. 12, according to the filing, when four police officers are said to have boxed his car in, ambushed him with a fusillade of bullets, and left him with injuries that caused him to be paralyzed from the chest down.
Richard Smith, president of the state chapter of the NAACP, introduced the complaint during a press conference, saying, “This incident and incidents like it are all too familiar. These officers — sworn to protect and serve all —rushed to execution. These officers devalued the life of another Black man.”
Despite it being a little past midnight, Henderson said he went outside to retrieve a bottle of iced tea from the vehicle that he accidentally left earlier. He decided to get into the car and sit.
As he “sat lawfully parked in a car with the engine turned off when an unidentified dark car approached and parked next to him, boxing him in,” the filing claims. “A group of men, fully masked and in dark plain clothes, then jumped out of this mysterious vehicle and began yelling at Jajuan. As many others would do in this escalating situation, Jajuan used his cell phone to call for support.”
Civil rights attorney Greg Zeff contends the men were actually members of Trenton police’s Street Crimes Unit and did not identify themselves as they approached his client’s vehicle, even though they were all in plain civilian clothes. Henderson was confused and tried to call for aid.
Shortly after arriving, one of the officers smashed the window of the car.
“This group of men, appearing as any other group of dangerous criminals from a horror movie, turned out to be from the Trenton Police Department,” the lawyer wrote in the document. “A Black man sitting in a car at midnight while on a cell phone was all the unidentified police needed to smash the driver’s side window.”
Henderson was “unarmed, nonthreatening, and minding his own business,” when the police “used lethal force” and shot him “in the neck.”
Police reports state the officers stopped the man as “a part of a motor vehicle stop,” even though he was parked and “the engine of the car … was turned off.”
The cops acknowledged Henderson was talking to someone on the phone when they approached him. The report also admitted one of the badges broke the Black man’s window. After the glass shattered, police noted Henderson turned on his car and “attempted to flee.”The lawyer stated in the claim Henderson could not get away because by this time multiple police cars and a utility pole were blocking him. It was then that “at least one” of the officers, according to the police report, shot the man four times — including a bullet shot(s) “that struck his spinal cord rendering him paralyzed him from the chest down.”
Henderson still maintains he had no idea at the onset of the confrontation that the men were police.
NJ.com reports that Henderson was charged with four aggravated assault charges, including trying to run the cops over with his vehicle. The Mercer County Prosecutor’s Office has confirmed these charges have since been dropped. Bodycam from the police officers that night could not easily substantiate those claims. He still faces resisting arrest and obstruction charges.
After initially being treated at a Trenton hospital, he was transferred to a hospital in Philadelphia.
Henderson’s mother, Gia Henderson shared at the press conference that she had already lost one son, and after hearing about Jajuan being shot, her “heart almost broke.
“We want justice for Jajuan,” she said. “We want change, transparency, and accountability.”
The lawsuit alleges the officers used an unreasonable degree of force regarding Henderson, made no efforts to de-escalate the events of the night, nor did they make any effort to “preserve and protect human life and the safety of all persons.”
It further states the officers failed to follow the New Jersey Attorney General Guidelines on the use of force and deadly force during that early February morning.
In addition to announcing the lawsuit, the NAACP and Henderson’s lawyers are calling on Mercer County to release the officer’s bodycam footage. According to the 2018 New Jersey Attorney General directive, the footage should have been released to the public approximately 20 days after the incident.
No one from Henderson’s camp has seen the videos.
According to a detective from the county who saw the bodycam videos, they show a very different account than communicated in the lawsuit and aligns with the police report of the incident.
Their report states Henderson was being uncooperative when they initiated their motor vehicle stop. The officers allege he would not provide identification such as a driver’s license, registration, or insurance documents. The affidavit notes his windows were also partially rolled down and he was on the phone when they approached.
In the report, Henderson was said to be fidgeting with something inside a passenger compartment and under seats. It also claims he ignored the commands of the police, prompting one officer to smash the window and the father to turn on the car to “drive away.” This account mentions Henderson crashing into a car behind him.
Officials stated after the shooting, all four were placed on routine administrative duty.
The investigation of the officers’ use of deadly force has been transferred out of Mercer County because of conflict between the police department and the prosecutor’s office. The neighboring Union County will review the case.
Henderson is suing for compensatory damages, punitive damages, attorney’s fees, costs, fees, and any other appropriate relief.
Jamaica is not in the business of manufacturing guns unless you think the one-pop qualifies as a gun; nevertheless, the country is awash in guns and ammunition. There is a whole cottage industry around gun crimes, mortuaries, coffin-making, setup-bands(sic), etc. The gun and status culture that Jamaicans so readily idolize created the need for private security companies that have become major players on the Island. Institutionalized governmental disinterest caused those with money to invest in the macabre death industry rather than a violence-free Jamaica where all can fulfill their full potential. In other words, crime will always be with us so let’s benefit from it. We should not be fooled into thinking that there may not be a direct need for dead bodies to feed the growing mortuary industry that has sprung up around the country. The police say some of the guns are coming into the country from Haiti in what is known as the guns for drugs trade. This poses a significant challenge for the security forces, the Government, the people of Jamaica. Largely so because the country’s borders are extremely porous and difficult to police.
A significant amount of illegal guns and ammunition enter the Island through manned ports; this is inexcusable. The government must ensure that the pervasive corruption that has characterized the Customs Department for years becomes a thing of the past using technology. Jamaica has one of the world’s lowest police-citizen ratios; in 2012, there were 316 police officers to every one hundred thousand Jamaicans. Barbados, by comparison, had 489 to every hundred thousand surveyed a year later, and Trinidad &Tobago had 482 to each hundred thousand citizens in 2012. We may not want to admit it, but there is a direct correlation between one of the world’s lowest police to citizen ratios on the one hand and, on the other, the world’s highest murder rate per one hundred thousand citizens. Jamaica ticks the box in both scenarios. That is not to say that if Jamaica were to hire more police officers, we would have less crime in the not too distant future.…..However, if we suddenly had more honest police officers to man and patrol our ports and harbors, it is quite likely we would confiscate more guns and ammunition. If that strategy is built out, over time, with less access to guns and ammunition, we would inexorably have fewer murders and other violent gun-related crimes.
Some of the most pressing issues compounding the nation’s crime-fighting efforts are ineffective laws, an incompetent judiciary, and corruption in public bodies. I commend the present administration and the minister of National Security for tabling legislation that adds serious teeth to the gun laws. The present draft, if passed, would give offenders 15-years imprisonment if they are convicted on an illegal weapons charge. [personally , I would have preferred if the proposal was for 25-years and a much larger penalty if one is convicted of having an illegal rifle capable of taking multiple lives in a second. We must break the back of this gun-loving murder culture. If you do not want to go to prison for a long time, do [not] pick up an illegal weapon. As I have said repeatedly, the fight against the young killers must be enjoined by every arm of the government, instead of what currently exists where the courts are going in one direction and the prosecution and police another. In addition to that, other arms of the Government have agendas that do not align with the interest of law-abiding Jamaicans. The unavoidable truth is that the nation’s laws and courts make it easy for criminals to commit crimes and encourage would-be criminals to become lawbreakers.
Currently, the average Jamaican is caught up between the gangsters who kill for fun and a system that gives gun licenses to wealthy and influential Jamaicans and criminals who have money to pay. The poor are left to fend for themselves. Those of us who worked in law enforcement have long heard whispers that you have to pay to get a license to carry a firearm legally. Let us not kid ourselves. This has been going on since the police ran the thing. To add some context, the FLA’s rules make it so that some police officers who risk their lives for others do not qualify to get a license. How nonsensical is that? It is as ridiculous as the police department saying, ‘we cannot allow officers to keep their firearms because we do not trust them.’ But you trust them to carry a firearm to police the public; how come they cannot be trusted to keep the weapon when they go home to protect themselves and their families? After all, why would those who have total control not sell access to guns? If you need a passport or birth certificate, you have to pay; the same is true for a driver’s license. How could we expect corrupt officials not to capitalize on this goldmine?
The new legislation by Minister Chang is long overdue; it will begin to set the stage that finally, the government is getting serious about the bloodshed in our country. The Government also floated a gun amnesty amid overwhelming firearm-related crimes in the country. “This amnesty would allow persons who have illegal firearms to surrender firearms and ammunition without prosecution,” [Chang said]. I am opposed to a gun amnesty, as stated in the article linked on the subject. https://mikebeckles.com/government-should-not-be-considering-gun-amnesty-heres-why/
It will not be a panacea or a silver bullet, ‘if passed,’ but it will at least remove from the judge’s hands the ability to turn murderous gun-toting killers back onto the streets as soon as the police arrest them. If there are people on the judiciary receiving money to let gangsters walk or if there are any judges with other reasons for wanting those criminals on the streets, this legislation would go a long way in ending that corruption. Sure, more gangsters will spring up and pick up guns; that’s okay, put them away for long stretches until they get the message. I will be watching the debate on this bill very closely to see which members of the People’s National Party will be opposing this legislation. We will do our best to ensure that they wear the brand criminal supporter very well. The opposition PNP has pledged its full support for the bill through its leader Mark Golding; however, one opposition MP and a trial lawyer Peter Champagnie already rebutted the idea of strong sentences, insisting that fingerprint DNA must be tied to the conviction of offenders. In other words, if there is no fingerprint, no conviction. I’ll tell this clown what will happen in light of his stupid arguments; gangsters will wear gloves. The insinuation that the word of the police is no good for recovered firearms is as ludicrous as the motive of Champagnie is questionable.
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Mike Beckles is a former Police Detective, businessman, a freelance writer, black achiever honoree, and creator of the blog mikebeckles.com.
Those of you who bother to care to read my work or listen to me complain about Jamaica’s lax laws know just how long I have personally been begging for tougher sentences for criminals caught with illegal guns. I cannot tell how many articles I have written begging the authorities to change the meaningless laws that make it worthwhile for people to commit violent crimes. In almost every article I write I have continued my crusade for what is known as truth in sentencing and mandatory minimums for certain violent crimes. I will get to the reasons but first (a) truth in sentencing means just what the sentencing judge handed down, a ten (10) year sentence should not be whittled down to six years, (b) mandatory minimum means for certain categories of crimes judges [must] hand down a certain sentence, unless there are mitigating circumstances that are met in the statute that would allow an offender to receive a lesser sentence. For example, two men fighting one pushes the other who fell, hit his head, and dies, there was no provable intent to commit murder but the person is no less dead. I am extremely pleased that the legislature has seemingly awakened from its dangerous slumber and is doing its job. There is a new firearms act on the table, and the new mandatory minimum is fifteen years for anyone caught with an illegal firearm. Bravo, clap, clap, clap, when politicians meet the moment, we should commend them, and so I am commending them for finally realizing that they must take action. This bill is not yet law, however, I am hoping that everyone will vote to pass this legislation; in the meantime, I will be keeping my eyes open to see which politician votes against it.
It is not exactly advisable for members of one branch of government to speak on the actions of another branch. As I said in a previous article about the judiciary and Sykes in particular, the court seems to have gotten more argumentative, opinionated and arrogant under Sykes’ leadership. Bryan Sykes knows that the new legislation is coming, so he is trying to get out ahead of the legislature by pretending to hear the cries of the people about doing something about the sentencing that is being handed down. When you are given a free hand you should be judicious with it or it will be taken from you. He could not help himself; however, he had to speak on the work of another branch of government as he handed down sentencing to a career criminal. Judge Sykes sentenced 48-year-old Mark Shepherd to 15 a year sentences on the first count, which was eventually reduced to 10 years based on mitigating circumstance; seven years on count two; and the mandatory 15 years on count three. The sentences are to run concurrently, so Shepherd, who has five previous convictions dating from 1996 — will serve the longest of the three sentences, 15 years overall. Five previous felony convictions and the sentences handed down did nothing to deter him. Here is a bit of news for those opposed to long sentences, from as far back as our laws were written when crime was extremely low there were provisions for a judge to put away a repeat offender as an ;incorrigible rogue.’ Had the court done it’s job he would not have brought harm to anyone else. Societies have rule, those who refuse to live by those rules have no place in civilized societies if they are unable to refrain from harming others.
The Supreme Court building King street Kingston…
“We are now at the point where it is said 80 percent of homicides are committed with the use of a firearm. So, in a sense, one can understand why the legislature responded in the way that they have because here you have a situation in which a firearm is being used to commit very serious crimes — and the range of sentencing doesn’t seem to have reflected that general fact. So, the parliamentarians are saying of judges, ‘We take a dim view of what you have been doing, so we are now going to control your discretion and set the minimum position.’ And, if I must be candid, I can’t say that I disagree.”(Bryan Sykes) Ha hahaha, it matters not whether or not you disagree; the people’s representatives are speaking for the people, finally. This revolving door for violent criminals must end; as far as this humble writer is concerned, I will continue to fight with every drop of energy I have until the legislators wake up and stop the wanton bloodshed in our country. Violent crimes warrant tough penalties, and if you are caught with an illegal weapon, you will spend a very long time in jail. Save me the damn sad stories.
“Quite a rational and reasonable response to the growing problem for a country that does not manufacture firearms. This is quite a reasonable position.” “The legislature has taken the view that they are very dissatisfied with how the judiciary has been dealing with firearm offenses. I have to assume that legislators are rational persons (note the unnecessary dig at another branch of government as it attempts to do what the people are asking for)? Had they been satisfied, they would not have embarked on the process of amending various bits of legislation since 2010 to insert minimum mandatory sentences.”(Sykes) “I am not going to get into whether the legislature is wrong or right, but it seems as if there has been a level of disquiet with how the judiciary has been dealing with firearm offenses.(Sykes) Yes, that is why concerned Jamaicans like myself demanded that it be removed from the hands of you unelected bureaucrats who continue to show a wanton disregard for the killings or worse, are corrupted based on the disparate sentences we have seen in the sentencing of violent killers.
So parliamentarians, as they are entitled to do, have taken a different view of the matter and decided to reduce the discretion that the trial judge has in some instances. Whether they are right or wrong is neither here nor there at this point — it is just what is.”(Sykes) Absolutely correct, all of you have abused that discretion the people gave you, and now they are taking it back!!! Remember how the police had very little oversight and so they continued to commit all kinds of illegal acts and ended up with INDECOM as a result? Consider then just how the Jamaican judiciary has abused the discretion given it to be just, merciful, yet firm with the people who come before the court. The courts’ have betrayed the trust of their bosses,( the Jamaican people). The people are now saying we are tired of your abuse, no more. It is for those reasons the people’s representatives have been forced to move on the people’s behalf or end up themselves removed by the bosses, the Jamaican people. The people left it up to judges to determine how much time a convict would spend behind bars as there was no minimum sentence.; judges have been horrible stewards of that trust. I applaud National Security Minister Horace Chang for tabling the legislation, he certainly has started to listen.
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Mike Beckles is a former Police Detective, businessman, a freelance writer, black achiever honoree, and creator of the blog mikebeckles.com. Feedback welcome @ excellence@hvc.rr.com
A citizen of Jamaica who was last living in Hamden was sentenced Tuesday to more than 24 years in prison for marijuana trafficking, firearm possession and money laundering offenses, according to federal officials. Andrew Davis was sentenced by U.S. District Judge Alvin W. Thompson in Hartford to a total of 295 months in prison, federal authorities said. He faces immigration proceedings when he completes his prison term The case arose after Homeland Security Investigations, the U.S. Postal Inspection Service and Connecticut State Police began an investigation in 2013 into individuals “who were moving large amounts of marijuana from the Southwestern United States to Connecticut,” federal authorities said in a statement, citing evidence presented during Davis’ trial in December 2018. Federal authorities said that, “investigators intercepted four packages, each containing approximately eight kilograms of marijuana, from the U.S. Mail, and made multiple controlled purchases of the drug from a member of the trafficking ring.”
Davis was arrested on Feb. 1, 2017, after investigators “conducted court-authorized searches of a Hamden apartment that Davis shared with his girlfriend, Shanice Goffe; a storage unit in West Haven that was rented in Goffe’s name, and two Bridgeport apartments that Davis maintained under different aliases.” A search of the Hamden unit revealed “more than one pound of marijuana, a loaded 9mm handgun, boxes of .45 caliber ammunition, $62,409 in cash, and numerous false identifications, including a U.S. passport, all of which contained a photo of Davis,” federal authorities said in the statement. “A search of the storage unit revealed approximately 33 kilograms of marijuana, ammunition and firearm magazines, additional false identifications, and $350,100 in cash.
“A search of a Bridgeport apartment rented in the name of “Cordel Freckleton” yielded one firearm, and a search of an apartment rented in the name of ‘Andrew Carter’ revealed more than 60 pounds of marijuana and two firearms, one of which was stolen,” federal authorities said in the statement. Investigators also seized a 2014 BMWX6, a 2016 Honda Accord, and a 2008 Honda Odyssey, all of which were registered to Goffe and had been purchased with proceeds of the marijuana trafficking enterprise, according to federal authorities.
The investigation also revealed that Davis, using the name “Steve Williams,” was under investigation in 2008 for marijuana trafficking, federal authorities said in the statement. In August 2008, Bridgeport Police searched Davis’s Bridgeport apartment and discovered “a fake identification, photos of Davis/Williams, three firearms, extended magazines, ammunition, drug packaging paraphernalia, marijuana packaged for resale, and eight UPS receipts for packages that had not arrived,” federal authorities said in the statement. Bridgeport Police subsequently seized the UPS packages, which contained a total of more than 75 pounds of marijuana. “Williams” was not located.
At the time of Davis’s federal arrest in 2017, investigators seized more than 40 identification cards with false names, including the names of the addressees of the 2008 Bridgeport packages, federal authorities said in the statement. “When presented to U.S. Marshals and asked his name, Davis said, ‘Let’s go with Steve Williams.’”
On Dec. 18, 2018, the jury found Davis guilty of one count of conspiracy to distribute and to possess with intent to distribute 100 kilograms or more of marijuana, one count of possession with intent to distribute 50 kilograms or more of marijuana, one count of possession of firearms in furtherance of a drug trafficking crime, and one count of conspiracy to commit money laundering, according to federal authorities.
(Chief Judge), Bryan Sykes, ( note *judge* instead of [*justice*] for obvious reasons), chose to chide and chastise police witnesses who have done the heavy lifting to the peril of their own lives to bring a bunch of Klansman thugs to trial. In one such episode, Sykes took DCP Fitz Bailey to task for the decision of the police not to criminally charge a cooperating witness who gave invaluable information and testimony which helped the prosecution’s case. Sykes insisted to Bailey in open court that deciding not to charge the cooperating witness meant that gangsters can decide to turn on their colleagues if they believe they can avoid prosecution. (Can someone explain to me what is wrong with that concept)? I do understand that technically a trial judge may want to see all of the players brought before the court, however, this conversation could be had by calling the prosecutor and defense lawyers up to him for a private conversation about it, not lash out at the police. There is so much to unpack in his stupid outburst that it hardly warrants an intelligent response, but one that asks,” where did they find this dude? To add insult to injury, the ‘chief judge’ went on to tell Bailey that the decision of the police did not bind him and that it is actually, [wait for it].…..a judicial decision whether the crown witness should be charged. So the judge is correct; the decision of the police cannot bind the trial judge; however, the assertion that it is a judicial decision whether the cooperating witness becomes a defendant is total balderdash. Unless the judge is prepared to investigate and prosecute the case, he should shut his mouth; it is up to prosecutors whether or not to charge a cooperating witness.
Bryan Sykes questioned how a witness who confessed to serious felonies wasn’t charged, which brings me to the question of just how smart and exposed is this man? Fitz Bailey explained to the self-absorbed Sykes that for the greater good, the police decided that after a cost-benefit analysis, it was not in their interest to charge the witness. Now I understand that not many people can understand this concept if the most senior jurist cannot grasp it. ♦Fisherman uses small fish to catch big fish. ♦ You give up something to get something. ♦You bait a trap with cheese to catch a rat. Of course, you would like to see all of these murderers in prison, but what if the only way you get to the head is to cut the shoulder some slack? I am really trying to explain it to Sykes for the love of God here. What if the prosecution’s case is a lot shakier if you charge a cooperating witness? Using Bryan Sykes’ logic, it is okay to cut off your nose to spite your face. What if you have no case at all without that witnesses’ coöperation? Do you still insist on a zero-sum outcome of all or nothing? From the way the chief judge has been handling this case, it leaves many questions; chief among them is, does the trial judge really want a conviction of the defendants, or is he more interested in grandstanding against the process and the police?
The Klansman Gang trial is actually a test case, the first case that will be a barometer for the new anti-crime legislation that this writer is proud to have pushed for repeatedly for over a decade. To break the back of criminal enterprises, it is important to have Rico-style legislation to investigate criminals. (See Rico statute; https://www.ojp.gov/ncjrs/virtual-library/abstracts/rico-racketeer-influenced-and-corrupt-organizations-act-statute Sykes seems to have a serious problem with criminals getting their just due, and no one should be fooled by his seeming desire to have the witness charged. His continued hostility toward the police should not be lost on anyone watching this case as it crawls through his courtroom. The Gambino crime family is one of five Mafia families operating in the United States. With the Gambino family, are the Lucchese, Bonano, Genovese, and Colombo families. Facing a mountain of crime and people who seldom ratted on each other, federal authorities were forced into action, the result was that the Congress passed the Rico Statute in 1985. The Rico Statute allowed Federal authorities to investigate and prosecute mob families as a single group, all belonging to a single criminal enterprise… As for the Gambino family, John Gotti, its colorful and flamboyant boss, he beat two previous federal raps and thumbed his nose at authorities. By the time John Gotti was again in a federal court for his third trial, his famed lawyer Bruce Cutler was barred from representing him. Federal authorities deemed Cutler a consligerie rather than a true defense lawyer, and as such, he was barred from Representing Gotti. That was hardly Gotti’s only problem; his infamous underboss Sammy the Bull Gravano had flipped and became a cooperating government witness.
Gravano reached a deal with Federal authorities which allowed him to plead guilty to 19 murders for his testimony against his boss. He was also charged and sentenced to five years imprisonment; however, since he had already spent four years in prison, in 1992, when John Gotti was convicted and sentenced to life without parole, Sammy, the Bull Gravano, only served one additional year before entering the witness protection program. Criminals do not fight fair, governments must be creative in finding new ways to deal lawfully with present and emerging threats. Critical thinking seems to be an entrenched problem with some of Jamaicas’ leaders in positions of power, some members of that body seem more intent on asserrting their own perception of power, rather than honoring their oaths. You have to bait a line to catch a fish. We will be watching this case along with the rest of the country to see whether the judiciary will continue to make a mockery of our system of justice. In 2018 (97) of the Island’s judges took umbrage to the temporary designation given Bryan Sykes to act as Chief Justice. In a tersely worded letter to Prime Minister Andrew Holness, they voiced their disquiet with his decision to place Sykes on probation rather than a permanent appointment.
Central to their dissatisfaction was the idea that the Honorable Prime Minister had the gall to subject Sykes to his evaluation. They perceived that the constitutional separation of powers grants judges independence, and makes them answerable only to the people. Jamaican judges are all appointed, as such, the idea that the representatives of the people to whom they claim to be answerable have no responsibility to ensure that only the best candidates are appointed to those positions is mind-boggling. The judges fired off a lengthy letter to the Honorable Prime Minister after they had summarily shut down court proceedings to attend a meeting in the nation’s capital to register their disgust at the Prime Minister’s actions. It is important to process those actions within the context of the then Opposition leader Peter Phillips’ condemnation of the Prime Minister’s decision to appoint ‘Sykes’ on a probationary basis. The outburst of the unelected judges and their fraught anger at the Honorable Prime Minister’s decision seemed to be more about what they see as an affront to their right to unfettered power, couched in constitutional language of separation of powers, rather than any real transgression by the Prime Minister.
THISISTHEIR ‘HOWDAREYOU’ LETTER
We wish to make it clear that we do not speak on behalf of the acting Chief Justice, and are acting independently of him and without his concurrence in indicating our disquiet.
We make no comment in respect of the ongoing debate surrounding the question whether the acting appointment of Chief Justice Sykes is unconstitutional, illegal or otherwise invalid. That is a matter for adjudication in a properly constituted court, if it should become necessary. We do not express any views on that issue.
It is however our considered view that declarations of the Prime Minister relative to the acting appointment unquestionably have serious implications for the fundamental principles of the separation of powers and the independence of the judiciary. These are principles of great jurisprudential value as they form the foundation of our constitutional democracy and which are critical imperatives for the protection and preservation of the Rule of Law.
The Administration of Justice We state for the record that we welcome the focus of the Prime Minister on the administration of justice and acknowledge the concerns he raised about inefficiencies, deficiencies and delays in the justice system.
We also accept and share the view that much more needs to be done to achieve timely justice outcomes. We remain committed to the attainment of a more efficient and effective justice system. One that will serve to strengthen the Rule of Law.
We accept that, although the judicial branch of government is independent and should remain so, it is also accountable to the public. We therefore support any system geared towards enhancing judicial efficiency and accountability in the pursuit of timely justice outcomes. However, judicial efficiency and accountability, cannot be achieved at the expense of judicial independence and the Rule of Law.
Any mechanism employed to achieve efficiency and accountability must be consistent with the principles of separation of powers and the independence of the judiciary. We fear, in the light of recent developments, that some have lost sight of the crucial need to ensure that the three arms of Government function together in a way that is complementary of each other and consistent with the spirit of the Constitution and the intention of its framers.
Separation of Powers and Independence of the Judiciary It should be clearly recognised that the safeguards of separation of powers and independence of the judiciary are not intended for the benefit of the judges who are the office holders. Rather they are intended for the benefit and protection of Jamaican citizens and all others who come within our jurisdiction. For that reason, judges must be free to enforce the laws of the land, “without fear or favour, affection or ill-will”, which they are sworn to do.
For the judiciary to adequately and appropriately perform its constitutional functions and maintain its authority and legitimacy, judicial independence must be zealously safeguarded and preserved.
The doctrine of separation of powers on which the Constitution and our democracy rests, recognises that the concentration of absolute power in one person, body, or entity risks the corrosive dangers of corruption, exploitation and tyranny. As Judges we stand resolute to do our part in avoiding such an eventuality. There should be no infringement of the fundamental tenets of our democracy that may, in any way, compromise the functions of the judiciary as an equal arm of Government, the guardian of the Constitution and the protector of the rights and liberties of the people of Jamaica and all who come within our jurisdiction.
We commend for consideration the wise words of Sandra Day O’Connor, former Associate Judge of the Supreme Court of the United States of America, that, “…judicial independence doesn’t happen all by itself. It’s tremendously hard to create, and easier than most people imagine to destroy…(58 Fla.L. Rev. 1, 2006). She also said “Statutes and constitutions do not protect judicial independence – people do.” (The Guardian – March 2006).
We therefore caution that these traditional constitutional principles should never be circumvented, however noble the intention. While we fully recognise that there is a need for the Executive to account to tax-payers and international partners for any investments in the justice system, our accountability, in keeping with the Constitution is to the public. Everyone in Jamaica, whether in any of the three branches of Government or a member of the public whom the three branches serve, is subject to the letter and spirit of the Constitution.
Judicial Accountability We urge that the nature and scope of judicial accountability to the populace we are sworn to serve, should operate in a manner that faithfully preserves the independence of the Judiciary and the separation of powers. The vital importance of these fundamental principles was clearly established in the seminal decision of the Judicial Committee of the Privy Council in Hinds v the Queen [1977] 1 A.C. 195. There is no room within our constitutional framework for one arm of government to impinge on the authority of another.
We recognise the desirability of the continued modernisation of the judicial system, including possible changes in the way Judges, are assigned, continued focus on efficient criminal and civil case management, the allowance for scheduled time to write judgments, and the increasing use of technology to enhance efficiency. It must, however, be recognised that while we all have to operate within the constraints of Jamaica’s tight fiscal space, without substantially increased inputs into the justice system, in terms of the physical stock of courtrooms, additional human resources at all levels, and the provision of the necessary tools utilised within the system, the desirable levels of improvement cannot be achieved or sustained. This in a context where inadequate investments in the justice sector have been a feature of successive Governments since independence.
We close with the guidance provided by the Commonwealth (Latimer House) Principles on the Three Branches of Government (2003). “Each commonwealth country’s Parliaments, Executives and Judiciaries are the guarantors in their respective spheres of the Rule of Law, the promotion and protection of human rights and the entrenchment of good governance based on the highest standards of honesty, probity, and accountability.” All three arms of the State should fulfil their respective but critical roles in the promotion of the Rule of Law in a complementary and constructive manner.
By his unfortunate comments, the Honourable Prime Minister, the head of the Executive branch of Government and a member of the Legislature, has sought to place the head of the judiciary, a separate and equal arm of Government, under his supervision, direction, and control, and subject to a process of evaluation by him. This is clearly inappropriate and in breach of the fundamental doctrine of the separation of powers. We ask the Prime Minister to retract his statements and to publicly acknowledge that the Chief Justice is not answerable to him.
Our concern is heightened as this is against a background of previous statements made by other members of the executive that have crossed the line of the separation of powers and have had the effect of undermining the independence of the judiciary. It should always be remembered that “Judges are not beholden to the government of the day.” (Bangalore Principles of Judicial Conduct, 2001).
The nation’s judges recognise and deeply regret the inconvenience to litigants, attorneys, and members of the public across the island caused by Monday’s meeting in Kingston. However, in light of the gravity of the concerns and in the interest of the country’s democracy and justice system, it was considered an absolute necessity. For those persons inconvenienced, we will endeavour to ensure their matters are rescheduled for the earliest possible time. Where necessary, we will be sitting for extended periods to achieve this.
King Street Kingston February 12, 2018
The fight against dangerous local criminals, gangs, & transnational crime syndicates [must] be enjoined by every arm of the Government with a clear view on how best to protect the nation and the Jamaican people. Our elected representatives are tasked with creating policy toward that end. The judiciary has [no] constitutional role in setting or dictating policy, including no role in setting aside sentencing guidelines and bail guidelines under the convenient cover of judicial independence. The role of the judiciary is to interpret the laws and apply them, to ensure that they pass constitutional muster. There is no role for judges to operate on their own in this fight to save our country or, worse yet, operate in a way that undermines law enforcement. Jamaica’s judges have a long history of doing exactly that; it must stop.
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Mike Beckles is a former Police Detective, a businessman, freelance writer, black achiever honoree, and creator of the blog mikebeckles.com. You mays send feedback to mike @ excellence@hvc.rr.com
A St Ann woman who fabricated a story that she was raped in January 2021 was had her case concluded in the rather criminal-friendly manner one would expect in Jamaica. To begin with, she disappeared, causing those who knew her to be alarmed, and when she turned up, she concocted a mouthful of lies that she was raped; I suspect that the full intent of her lies was to create the impression that she was abducted then raped. Thankfully the police did due diligence, and her story was found to be made up, and she was arrested and charged for public mischief. Now imagine for a minute that some man was suspected of raping her, imagine that man was seen, he could have been chopped to death, shot, and killed, if the police apprehended someone, that person could have spent years in jail awaiting trial and eventually convicted on a lie. I laid out that scenario just so that there is a fuller understanding of the seriousness of her false allegations. The mental, physical and financial trauma she could have caused some innocent man is incalculable.
Salmon
Now for the sentencing, the woman plead guilty to the charges, and by the way, we do not know her name. Now I could see if a woman was legitimately raped and the justice system chose to keep her identity private; I am in total agreement with that. But why is the identity of a convicted criminal being kept a secret? It requires police resources to investigate these allegations when they are reported, and it requires court resources to adjudicate the case to a conclusion. The people have an interest in just outcomes; after all, it is the people’s money that pays the police, court staff, and, unfortunately, the judges. But those considerations were secondary to senior parish judge Michele Salmon, who decided against prison time for the confessed criminal, decided against a monetary fine, decided against community service as a means to repay the people. She opted instead for a sentence of two years probation and counseling. Well, there you have it, folks; it pays to commit crimes in Jamaica. You can rest assured that regardless of the crimes you commit, a judge will allow you to walk out of court after pleading guilty or being convicted scott- free. Please do not try to convince me that probation is a just penalty for this crime.
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Mike Beckles is a former Police Detective, businessman, freelance writer, black achiever honoree, and creator of the blog mikebeckles.com.
The idea that when a judge is tasked with considering bail for a murder-accused, the foremost thing in that judge’s mind is not to be punitive runs counter to where their focus should be. The rights of crime-victims’ and that of their families must take precedent over that of an accused murderer. Weeks ago, I called on the government and the opposition party to come together instead of trying to score cheap political points and put the Jamaican people first. The Administration in Jamaica House has demonstrated a new willingness to engage the criminals; the opposition People’s National Party has decided to wait to see if the high murder rate will sour voters on the government and thereby return them to power. It is a macabre calculative and cynical calculus that should keep them away from Jamaica House for decades to come. For its’ part, the Andrew Holness administration is nowhere near tough enough on the mindless killers that continue to propel Jamaica into infamy, dubbed, the worlds’ murder capital.
One member of the JLP has consistently earned my personal ire by taking steps that seem to cater more to criminals than crime victims; that member is Justice Minister Delroy Chuck. Chuck has advocated for a 50% reduction in sentences for criminals who plead guilty to their crimes, including murderers. His reasoning is that it clears court dockets, Imagine halving the sentence deserved by a killer because it is important to clear court dockets? The logic of policy-makers borders on the ridiculous and therein lies the nations’ problems. I have been opposed to that policy from the start. The options should be the difference between death and life in prison for murderers. However, since Jamaica refuses to extricate itself from the rear end of her majesty the queen and since there is a moratorium on the death penalty handed down by the colonial ‘masters,’ jamaica has by default disenfranchised itself from the option to send the killers home to their maker. Delroy Chuck then turned tail as soon as there was a massive outcry from the public, a public that has grown exhausted with the daily killings, killings that have sapped their ability to properly grieve. Chuck then tabled legislation that would grant prosecutors the right of appeal in cases where they see inconsistencies after he realized that criminals were being let out the door in a disgraceful and dangerous manner by judges that did not care. Though the legislation did not go nearly as far as it should, as is the case with legislation to fight crime in Jamaica, it eventually became law in its watered-down form. The opposition PNP has never seen a bit of anti-crime legislation it did not hate; therefore, it is challenging to get anything meaningful done.
Last Year, Delroy Chuck, startled by public outcry and from activists like this writer, begged the nation’s judges to be less lenient with violent offenders. (wonders of wonders). On May 4th, 2021, contributing to the sectoral debate, the justice minister [begged] judges to hand down lengthier sentences. (The absurdity of a member of the elected legislative body begging an unelected and unresponsive aloof body to respect the people’s wishes was certainly not lost on this writer). During his speech, Chuck said the executive branch of ‘Governmentwas looking to the judiciary to telegraph to criminals that violence had severe consequences.’ Delroy Chuck failed to realize that in Jamaica, the executive branch of Government is also the Legislative branch of government under our parliamentary system of government. And so, instead of begging unelected bureaucrats to respect the laws, the government should table legislation that dictates mandatory minimum sentences for certain violent crimes. The justice minister said: “Where the crime, be it murder or other serious offenses, is so gross, so gruesome, whether or not the offender pleads guilty, the court should send a solitary message, the strongest message possible, that that individual, when he is sent to jail, won’t see outside again.” You think? And that is the reason that this matter should be treated with Legislation, not begging. As was to be expected, Bryan Sykes, the chief justice, was dismissive of the Minister, arguing, ” judges have to take into account the facts before them as well as the offense for which an individual has been charged.” Yes, but they do not get to thumb their noses at the process and administer their socialist brand of justice. In actual terms, Bryan Sykes seems to have little or no respect for the process, in my opinion.
In its final report to the parliament, the 2007 justice reform task force chaired by Barry Chevvannes found the following.
Part 1 – The Jamaican Justice System Today
Courthouses and other infrastructure are in inferior condition; The justice system is not under-funded; There is a lack of consistency in the enforcement of laws and outcome of various legal processes, including for example inconsistency in sentencing, which contributes to uncertainty; Procedures and language are too complex and, in some cases, archaic; There are many barriers to accessing the justice system, including the inaccessibility of legal information, legal assistance, and the courts; There is a perception that individuals are not accorded equal treatment by the justice system, nor do they receive the equal benefit and protection of the law; Insufficient attention is paid to human rights and some of Jamaica’s obligations under international human rights treaties, some of which have not yet been integrated into domestic law and practice; Justice personnel do not always carry out their duties in a professional manner (and related concerns about low remuneration, insufficient numbers of personnel to handle the job, and inadequate training); Many practices and procedures are outdated and inefficient (specific issues include: the use of juries, the use of preliminary inquiries, scheduling practices; court management and administration practices; filing and recording keeping); and Actors and institutions within the justice system are not fully accountable.
Under Chief Justice Byran Sykes, the court has taken on an argumentative and somewhat confrontational tone, without the requisite respect for the concept of ‘we the people.’ Instead of explaining why certain decisions are made and making corrections where there is grave injustice done to the people’s cause, Sykes has been aloof, dismissive, and blatantly arrogant. For those reasons, this matter must once and for all be removed from the hands of unelected bureaucrats and codified into law so that the majority’s wishes can be respected. If Jamaica is to survive and thrive, the legislature must act with alacrity to shut this door.
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Mike Beckles is a former Police Detective, businessman, freelance writer, black achiever honoree, and creator of the blog mikebeckles.com.
In a recent article, I asked the police federation and the Police Officers Association to become more proactive in their crime-fighting strategies. Among those strategies should be data collection on the judges who continue to supplant the rule of law with their own personal feelings.
Jamaica is caught up in a death grip, being crushed between a young and violent generation of killers and a judiciary decidedly intent on exacting its’ own will, regardless of the consequences to the public. The Government (including the opposition party) and the law-abiding segment of the population want the police to bring the murder numbers down; what they are unwilling to do is to remove the handcuffs from the hands of law enforcement. However, more detrimental to the nations’ survival is the danger the judiciary poses to the everyday survival of ordinary Jamaicans. The continued practice of judges granting bail to violent murder accused, some several times over while they await trial on previous murder charges, is a dangerous practice that must be stopped immediately as an important part of reducing the killings on the Island.
This writer has been a consistent voice standing with law-abiding Jamaicans and the police against the violent killers and their facilitators in the judiciary. I have written dozens of articles on this subject detailing not just inconsistencies in the granting of bail and sentences handed down but the reasons judges give for granting bail while ignoring a salient pillar of the bail act, the possibility to re-offend. To begin with, the penalty for murder is already far too lenient; some murder convicts are given a mere seven(7) years for taking someone’s life. This tells us that at the bare minimum, the penalty for murder on the Island does [not] have any deterrent effect based on the high number of killings reported to police each year. As reprehensible as these sentences are, the issue of bail is at the heart of the problem, one that the legislature refuses to attend to. Judges trained at the Islands’ liberal-pro-Marxists colleges and university tend to have a defense lawyer mentality, more detrimental to the process; they share a belief that they have a duty to rehabilitate violent offenders, consequences to the public be damned. Instances of murder accused granted bail before trial committing more murders are well documented; some committing more murders are again arrested and charged and granted bail up to six times before facing the first trial.
In recent times commissioner Antony Anderson spoke out on this subject, the commissioner is a public servant, and as such, he was constrained as to what he could say and how he said them. However, the message was clear, yet the stupid practice of releasing violent murderers on bail continues unabated. As this practice continues, the police reported that one of two men in their custody connected with Wednesday night’s killing of three young siblings in Irwin Heights St James was out on bail on other murder charges. Eleven-year-old Peta-Gaye Cook and her 19-year-old twin brothers, Givaughn and Givaughnie Stewart, were gunned down at their residence. We cannot ignore the constitutional and moral premise of innocent until proven guilty; however, the state has the duty to protect life as its’ first obligation. As public servants, judges are bound to follow the law and use their discretion in all matters they adjudicate. Supplanting the law with personal feelings and leanings has taken over the Jamaican judiciary with devastating consequences to the public, as we continue to see. The Islands’judges continue to claim that they follow the law, but they are actually following the parts of the bail act that serve their own interest. They claim correctly that bail should not be used as punishment; what they fail to address is the part of the act that stipulates that bail can be denied (a) based on the seriousness of the crime the accused is charged with & (b) the likelihood that the offender will re-offend.
In a recent article, I asked the police federation and the Police Officers Association to become more proactive in their crime-fighting strategies. Among those strategies should be data collection on the judges who continue to supplant the rule of law with their own personal feelings when they systematically return murderers onto the streets as soon as they are arrested. We need to know their names have a detailed understanding of their judicial history so that we can better mount a defense against their assault on the rule of law. We cannot have unelected judges riding roughshod over the criminal justice system in the corrupt and otherwise unethical manner they have been engaged. We know they love to travel on their foreign visas; it is time that we approach the Justice department and Home Office with their pattern of criminal support and have their visas revoked. Let them stay in the filth they are helping to create. Jamaica is an extremely violent nation; authorities say gangs are responsible for 70% of the countrys’ homicides, which rose 10% last year to reach 47.7 per 100,000 inhabitants, giving it the world’s highest murder rate. In a June 2017 article in one of Jamaicas’ daily papers Omar Hawthorne a lecturer at one of the Islands’ premier institutions of advanced learning, had this to say about judicial corruption. Often, when we talk about judicial corruption, the image is that of judges taking bribes. However, judicial corruption is a lot more. It includes all forms of inappropriate influence that may damage the independence of justice and may involve any player within the justice system, including lawyers and administrative support staff. The question of corruption is not only a matter of relations between judicial personnel and court users; it is also about internal relations in the judiciary. I strongly subscribe to most of the findings and suggestions within the Integrity Commission’s policy paper linked here. https://www.vanderbilt.edu/lapop/jamaica/032711.TheGleaner.pdf
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Mike Beckles is a former Police Detective, businessman, freelance writer, black achiever honoree, and creator of the blog mikebeckles.com.
This is an interesting bit of news that I personally haven’t seen on the lamestream media. Okay, I seriously do not bother watching television-who does anyway? But the facts of this case are both startling and interesting. Here a white criminal shoots three police officers, killing one and seriously injuring another, yet we heard nothing about it in the news. Another thing- the police have released no information on this alleged cop-killer whom they eventually killed. Why is that? Imagine the uproar if a black person had shot three cops, basically killing two of them; it would be a round-the-clock condemnation of the Black race on the (FIX) propaganda network, the race-mongering crustaceans who feed in the putrid bile of that swamp would be having a field day. Here is the full story from the associated press.
Anthony Felix.
A Joplin, Missouri, police officer who was shot along with two other officers this week “will not recover” from his injuries, Police Chief Sloan Rowland said Thursday. Rowland announced that patrol officer Jake Reed’s family said he was being prepared to donate organs. “We’re so proud, so thankful, and forever in debt for his service to this community. … Jake is an outstanding young man,” Rowland said. Cpl. Benjamin Cooper died after being shot in the initial confrontation on Tuesday. A third officer, Rick Hirshey, was also shot and was in serious but stable condition Thursday, Rowland said. Reed joined the police force in 2017. He and Cooper were among the first officers to confront 40-year-old Anthony Felix at a shopping mall in Joplin Tuesday afternoon. Felix shot the two officers, stole a patrol car, and fled. He crashed the car and was on foot when Hirshey saw him trying to steal another vehicle and positioned his patrol vehicle to stop the theft. Felix shot Hirshey through the windshield and hit him in the face, Rowland said. Hirshey retired from the police force three months ago after more than 20 years of service but then returned to the department. He will face serious health problems and several surgeries in the days to come, the chief said. Felix was then shot and killed by police Capt. William Davis, Rowland said. Davis, a veteran of more than 15 years, left cover and exposed himself to stop the suspect. “If not for Capt. Davis’ actions, additional officers and citizens could have been killed,” Rowland said. Rowland asked everyone to pray for all the officers involved. He also thanked the community for its outpouring of support since the shooting. Police have not released any information about Felix.
New York Mayor Eric Adams and the New York Police Department are under fire after a Bronx judge found inconsistencies in a police officer’s recount of a drill rapper’s arrest that ended with a suspect and an officer shot this year. NYPD officer Taulant Gjonbalaj said they approached 16-year old Camrin’ C Blu’ Williams after he ignored their orders to remove his hands from his pockets during the Jan. 18 encounter.
Bronx Supreme Court Justice Naita Semaj
Gjonbalaj alleged Williams started fighting one of the officers when they responded to a “disorderly crowd” in a Bronx neighborhood. The officer said Williams’ gun went off in his pocket during the scuffle striking Officer Kaseem Pennant in the leg and Williams in the groin. Bronx Supreme Court Justice Naita Semaj said during a March 8 hearing that Gjonbalaj’s testimony runs counter to video footage of the incident. Semaj said even though Williams, who has a history of gun charges, was illegally possessing a weapon, authorities had no reason to search the teen. She said Williams raised his hand when he was ordered and complied with officers before being roughed up by Gjonbalaj and Pennant, which led to the gun’s accidental firing.
“He literally does everything you tell your child to do when they’re approached by cops. He literally kept his hands up. He literally tried to record to make sure there was proof. He answered questions he had no obligation to answer,” Semaj said. The judge ruled the rapper, who recently signed a deal with Interscope Records, be tried as a juvenile and not an adult. The ruling received instant backlash from the NYPD and Adams, who has been a loud critic of drill music. Williams used an advance from the record deal to pay his $250,000 bail. “I agree with the judge that there is no denying Mr. Williams had an illegal gun on him that night — a gun that ended up injuring both him and a police officer,” said Adams, a former NYPD captain. “This was Mr. Williams’ second gun-related arrest and exactly the reason why we need to work to get guns off the streets.”
Drill music is often categorized by its violent lyrics. The hip-hop subgenre originated in Chicago, where the slang word “drill” reportedly means to kill or murder. The mayor has criticized the music for its association with a string of murders in the city and has called for an internet ban of drill music videos that depict gang violence. However, Adams reportedly walked back the comments after meeting with drill rappers last month. Adams said he was concerned about “violent people who are using drill rapping to post who they killed, and then antagonize the people who they are going to kill.” He vowed to work with the group of rappers, led by Maino, after the Feb. 15 meeting, but no further announcements have been made… Williams’ release on bond reignited a push by Adams for stricter bond restrictions.
Eric Adams, a former captain in the NYPD, wants stronger bonds for accused offenders…
Under current New York law, cash bail is granted for violent felonies based on a suspect’s risk of flight. Adams believes a suspect’s “dangerousness” should also be considered in determining bail. While Semaj slammed the NYPD officer for his “self-serving” testimony, community advocates said Adams owes residents an apology after the judge’s ruling. “The mayor wrongly blamed bail reform for the release of a 16-year-old. Now, unsurprisingly, we learn that the police fabricated the circumstances leading up to the incident,” Marvin Mayfield, a director at the Center for Community Alternatives, said. “Video proved that this young person was unconstitutionally assaulted, and it is now clear that he was the only person seriously injured as a result of police action.” Daily News reporters said the police department and the mayor dodged direct questions about Gjonbalaj’s testimony.
Deputy Commissioner of Public Information John Millersaid the NYPD disagrees with Semaj and intends “to litigate this case in the courtroom.” “A 16-year-old and a police officer were each shot and wounded in this incident. The bullet came from a gun being carried by a teenager who was released in a prior gun arrest. The officers were on patrol that night for the sole purpose of keeping our citizens safe. Those are the most critically important elements of this case,” Miller said. “This is dangerous work, but the intent is to foster peace and achieve just outcomes for all New Yorkers whether they are victims, witnesses, or young people who make wrong decisions to carry firearms.”(This story first appeared in the Atlanta Black Star)
The Lame-stream media simply gobbles up the scripted police version of events and ran with it as if it was gospel. Is there any wonder that no-one cares about what is said on television anymore?
Publisher’s note I guess all of the abuse meted out to the young offender is justified if we subscribe to John Miller’s logic. By his logic, the end justifies the means…because to them (police) it is a war and war is ugly, as is evidenced by his comments; “The officers were on patrol that night for the sole purpose of keeping our citizens safe. Those are the most critically important elements of this case,” Miller said. Not the fact that his officers roughed up a teenager then lied about the sequence of events and the material tenets of the case.“This is dangerous work,” meaning police may use whatever tools they deem necessary to achieve the outcomes they desire. John Miller has every right to defend his officers, particularly when a repeat offender is bailed and caught with a gun which ended up injuring a cop. I also understand the Mayor’s desire to have a safer city as well. The thing that police officers and blind zealots fail to understand is that the laws must be enforced without abrogating and violating the rights of citizens and that goes for criminal suspects as well. We cannot have a society where police officers summarily lie in affidavits and in court in order to gain convictions and to cover their asses because they refuse, or, are too stupid to follow rules. We cannot have police officers beating up people who commit offenses against the state and then lying about what occurred. Police officers do not get to exact vengeance on offenders regardless of their crimes. In a civilized society, we have an entire system of justice that includes the police, prosecutors, defense attorneys, tiers of trial courts, and a whole range of other agencies that make the system of justice work. It is for those reasons that we cannot tolerate police officers taking on the role of judge, jury, and executioner… In light of that John Miller does not get to gloss over physical assault committed by NYPD cops and perjury as well, to add insult to injury. Even battlefields have rules.….……(mb)
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Mike Beckles is a former Police Detective, businessman, freelance writer, black achiever honoree, and creator of the blog mikebeckles.com.
Certain markers must be laid down when certain events occur, if not for any other reason than to establish precedent, day date, and time included. The case of a Florida Special Education (5) year-old student allegedly beating a female teacher necessitating a hospital visit is one for the ages. We are painfully aware that it is difficult to bring criminal charges against children of a certain age; nevertheless, the question remains if the crime committed by a youngster of that age is any less painful to the victim because the injury was inflicted by a child that young? I certainly do not have all the answers, but I find the Pembroke Pines Police Departments’ decision [not] to charge the boy with any crimes a bit baffling. Shouldn’t that be the decision of the prosecutor’s office?
Jason B. Blank, chairman of the Florida Bar’s Criminal Law Section, agreed with the decision, especially with the attack happening in a special education setting. “I have never seen a 5‑year-old criminally prosecuted for anything like this, especially with the set of special circumstances on top of it,” Blank said. “I don’t think that was ever practical.” The narrative being that a five-year-old is incapable of forming intent seems strange. If a five-year-old is mad at his parent because he did not get his way goes into a room, picks up a gun, returns, and shoots his parent, is that parent any less seriously hurt or dead because the child is only five?
The ultimate decision rests with prosecutors whether or not to bring charges. I am certainly not advocating that charges be brought against a child that young; however, I cannot help wondering whether the Pembroke Pines Police Department would have been that magnanimous if the assailant was a little black boy? I think not, that boy would have been charged with all kinds of felonies, and the question, “should he be charged as an adult,” would have been on the tongues of all the talking heads. For those reasons, members of the African-American community must document these decisions as they are made so that they may demand equal treatment when the shoe is on the other foot.
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Mike Beckles is a former Police Detective, businessman, freelance writer, black achiever honoree, and creator of the blog mikebeckles.com.
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