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Prosecutor Filings Detail Fatal Stairwell Shooting by NYPD

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Men gather outside of the building where a man was allegedly shot by a police officer the night before at the Louis Pink Houses public housing complex, Friday, Nov. 21, 2014, in Brooklyn borough of New York.  A rookie police officer with his gun drawn shot to death 28-year-old Akai Gurley, an unarmed, innocent man in the darkened stairwell of the crime-ridden public housing complex, New York City police officials said Friday.  The shooting appeared to be an accident, Police Commissioner William Bratton said at a news conference.  (AP Photo/Julio Cortez)

Men gather outside of the building where a man was allegedly shot by a police officer the night before at the Louis Pink Houses public housing complex, Friday, Nov. 21, 2014, in Brooklyn borough of New York. A rookie police officer with his gun drawn shot to death 28-year-old Akai Gurley, an unarmed, innocent man in the darkened stairwell of the crime-ridden public housing complex. (AP Photo/Julio Cortez)

MICHAEL BALSAMO, Associated Press

NEW YORK (AP) — A rookie police officer was arguing with his partner over who should call their supervisor in the chaotic moments after he’d accidentally fired his gun into a darkened stairwell of a public housing complex, and he did nothing to help when he discovered later that he’d mortally wounded an unarmed man, the prosecution says in court papers.

Officer Peter Liang is charged with manslaughter in the Nov. 20 death of Akai Gurley in the Louis Pink Houses in Brooklyn. He has pleaded not guilty and his lawyer notes the shooting was an accident.

Prosecution motions released Tuesday gave these details:

Liang and his partner, Shaun Landau, were on patrol on the eighth floor of one of the buildings at about 11 p.m. when they walked into the stairwell.

Liang held his flashlight over his head and had his Glock pistol pointed directly in front of him when he started to walk down the stairs. His partner was still in the hallway when he heard a gunshot. At the same time, Gurley and his girlfriend, Melissa Butler, were on the landing of the staircase below. The bullet had bounced off a wall before striking Gurley. The couple managed to get down several flights of stairs before Gurley collapsed.

Liang ran out of the staircase and his partner, using an expletive, asked what happened.

“It went off by accident,” Liang said, then repeatedly exclaimed he would be fired.

The two stood in the hallway and argued for several minutes about who should call their supervisor to report gunshot and what phone should be used.

“You call,” Liang told his partner.

“No, you call,” Landau said.

But no one called. Instead, Landau went into the stairwell, searching the walls for bullet holes, but soon heard a “grunting noise” coming from the floors below. When he reached the fifth floor, he saw Gurley’s body and Butler kneeling over him, tears pouring down her face.

By then, Butler was on the phone with a 911 operator, who was trying to walk her through performing CPR as the officers stood nearby.

“Neither defendant nor Officer Landau provided any medical care to Mr. Gurley. Nor did they summon an ambulance,” prosecutors wrote in the court filing. Instead, the two of them walked around Gurley’s body to the landing on the fourth floor.

It was nearly 20 minutes after the shooting when the officers radioed to report “an accidental fire.”

Liang was later indicted on charges including manslaughter, criminally negligent homicide, official misconduct and assault. Prosecutors said he disregarded his training and should not have had his gun drawn nor his finger on the trigger.

Liang pleaded not guilty in February and is currently free without bail.

His attorney Stephen Worth, who had tried to get the court to dismiss the indictment, said Tuesday, “We wish the judge would have taken a more intensive look at the grand jury presentation. We believe it was not a fair presentation for officer Liang.”

The case was closely watched following the Dec. 3 grand jury decision not to indict a white police officer in the chokehold death of Eric Garner, an unarmed black man who was arrested on Staten Island. That decision — along with a grand jury’s refusal to charge a white officer in the Ferguson, Missouri, shooting of Michael Brown, an unarmed black 18-year-old — prompted mass protests decrying the grand jury system as biased. Liang, 27, is Asian; Gurley, 28, was black.

On Tuesday, New York took a step to give such cases special consideration by appointing the attorney general to investigate them, at least for a year. Brooklyn District Attorney Kenneth Thompson, who presented evidence to the grand jury against Liang, has opposed the idea.

Brooklyn Supreme Court Judge Danny Chun ruled that evidence presented to the grand jury was legally sufficient to support manslaughter charges against the officer. Liang is due back in court in September.

Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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Activism

U.S. House Minority Leader Hakeem Jeffries Speaks on Democracy at Commonwealth Club

Based on his first speech as House minority leader, “The ABCs of Democracy” by Grand Central Publishing is an illustrated children’s book for people of all ages. Each letter contrasts what democracy is and isn’t, as in: “American Values over Autocracy”, “Benevolence over Bigotry” and “The Constitution over the Cult.”

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: House Minority Leader Hakeem Jeffries at the Commonwealth Club World Affairs Council on Dec. 2. Photo by Johnnie Burrell. Book cover: "The ABCs of Democracy" by Hakeem Jeffries.
: House Minority Leader Hakeem Jeffries at the Commonwealth Club World Affairs Council on Dec. 2. Photo by Johnnie Burrell. Book cover: "The ABCs of Democracy" by Hakeem Jeffries.

By Linda Parker Pennington
Special to The Post

House Minority Leader Hakeem Jeffries addressed an enthusiastic overflow audience on Monday at San Francisco’s Commonwealth Club, launching his first book, “The ABCs of Democracy.”

Based on his first speech as House minority leader, “The ABCs of Democracy” by Grand Central Publishing is an illustrated children’s book for people of all ages.

Each letter contrasts what democracy is and isn’t, as in: “American Values over Autocracy”, “Benevolence over Bigotry” and “The Constitution over the Cult.”

Less than a month after the election that will return Donald Trump to the White House, Rep. Jeffries also gave a sobering assessment of what the Democrats learned.

“Our message just wasn’t connecting with the real struggles of the American people,” Jeffries said. “The party in power is the one that will always pay the price.”

On dealing with Trump, Jeffries warned, “We can’t fall into the trap of being outraged every day at what Trump does. That’s just part of his strategy. Remaining calm in the face of turmoil is a choice.”

He pointed out that the razor-thin margin that Republicans now hold in the House is the lowest since the Civil War.

Asked what the public can do, Jeffries spoke about the importance of being “appropriately engaged. Democracy is not on autopilot. It takes a citizenry to hold politicians accountable and a new generation of young people to come forward and serve in public office.”

With a Republican-led White House, Senate, House and Supreme Court, Democrats must “work to find bi-partisan common ground and push back against far-right extremism.”

He also described how he is shaping his own leadership style while his mentor, Speaker-Emeritus Nancy Pelosi, continues to represent San Francisco in Congress. “She says she is not hanging around to be like the mother-in-law in the kitchen, saying ‘my son likes his spaghetti sauce this way, not that way.’”

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MacArthur Fellow Dorothy Roberts’ Advocates Restructure of Child Welfare System

Roberts’s early work focused on Black women’s reproductive rights and their fight for reproductive justice. In “Killing the Black Body: Race, Reproduction, and the Meaning of Liberty 1997)”, she analyzes historical and contemporary policies and practices that denied agency to Black women and sought to control their childbearing—from forced procreation during slavery, to coercive sterilization and welfare reform—and advocates for an expanded understanding of reproductive freedom.

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Dorothy Roberts. Photo courtesy of the John D. and Catherine T. MacArthur Foundation.
Dorothy Roberts. Photo courtesy of the John D. and Catherine T. MacArthur Foundation.

Special to The Post

When grants were announced Oct. 1, it was noted that eight of the 22 MacArthur Fellows were African American. Among the recipients of the so-called ‘genius grants’ are scholars, visual and media artists a poet/writer, historian, and dancer/choreographer who each receive $800,000 over a five-year period to spend as they see fit.

 Their names are Ruha Benjamin, Jericho Brown, Tony Cokes, Jennifer L. Morgan, Ebony G. Patterson, Shamel Pitts, Jason Reynolds, and Dorothy Roberts. This is the eighth and last in the series highlighting the Black awardees. The report below on Dorothy Roberts is excerpted from the MacArthur Fellows web site.

A graduate of Yale University with a law degree from Harvard, Dorothy Roberts is a legal scholar and public policy researcher exposing racial inequities embedded within health and social service systems.

Sine 2012, she has been a professor of Law and Sociology, and on the faculty in the department of Africana Studies at the University of Pennsylvania.

Roberts’s work encompasses reproductive health, bioethics, and child welfare. She sheds light on systemic inequities, amplifies the voices of those directly affected, and boldly calls for wholesale transformation of existing systems.

Roberts’s early work focused on Black women’s reproductive rights and their fight for reproductive justice. In “Killing the Black Body: Race, Reproduction, and the Meaning of Liberty 1997)”, she analyzes historical and contemporary policies and practices that denied agency to Black women and sought to control their childbearing—from forced procreation during slavery, to coercive sterilization and welfare reform—and advocates for an expanded understanding of reproductive freedom.

This work prompted Roberts to examine the treatment of children of color in the U.S. child welfare system.

After nearly two decades of research and advocacy work alongside parents, social workers, family defense lawyers, and organizations, Roberts has concluded that the current child welfare system is in fact a system of family policing with alarmingly unequal practices and outcomes. Her 2001 book, “Shattered Bonds: The Color of Child Welfare,” details the outsized role that race and class play in determining who is subject to state intervention and the results of those interventions.

Through interviews with Chicago mothers who had interacted with Child Protective Services (CPS), Roberts shows that institutions regularly punish the effects of poverty as neglect.

CPS disproportionately investigates Black and Indigenous families, especially if they are low-income, and children from these families are much more likely than white children to be removed from their families after CPS referral.

In “Torn Apart: How the Child Welfare System Destroys Black Families—and How Abolition Can Build a Safer World (2022),” Roberts traces the historical, cultural, and political forces driving the racial and class imbalance in child welfare interventions.

These include stereotypes about Black parents as negligent, devaluation of Black family bonds, and stigmatization of parenting practices that fall outside a narrow set of norms.

She also shows that blaming marginalized individuals for structural problems, while ignoring the historical roots of economic and social inequality, fails families and communities.

Roberts argues that the engrained oppressive features of the current system render it beyond repair. She calls for creating an entirely new approach focused on supporting families rather than punishing them.

Her support for dismantling the current child welfare system is unsettling to some. Still, her provocation inspires many to think more critically about its poor track record and harmful design.

By uncovering the complex forces underlying social systems and institutions, and uplifting the experiences of people caught up in them, Roberts creates opportunities to imagine and build more equitable and responsive ways to ensure child and family safety.

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Oakland Post: Week of December 18 – 24, 2024

The printed Weekly Edition of the Oakland Post: Week of December 18 – 24, 2024

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