Shooting of Walter Scott

2015 fatal shooting of black man by white police officer
Shooting of Walter Scott
Shooting of Walter Scott.jpeg
Screenshot of phone video taken by eyewitness Feidin Santana, showing Officer Michael Slager shooting Walter Scott
Time 9:30 a.m. (EDT)
Date April 4, 2015 (2015-04-04)
Location North Charleston, South Carolina, U.S.
Coordinates 32°53′57″N 80°00′50″W / 32.89926°N 80.01394°W / 32.89926; -80.01394 (traffic stop)
32°53′54″N 80°00′52″W / 32.8982°N 80.0145°W / 32.8982; -80.0145Coordinates: 32°53′54″N 80°00′52″W / 32.8982°N 80.0145°W / 32.8982; -80.0145 (shooting)
Filmed by Feidin Santana
Deaths Walter Scott
Accused Michael Slager
Charges Murder

The shooting of Walter Scott occurred on April 4, 2015, in North Charleston, South Carolina, following a daytime traffic stop for a non-functioning brake light. Scott, an unarmed black man, was fatally shot by Michael Slager, a white North Charleston police officer. Slager was charged with murder after a video surfaced which showed him shooting Scott from behind while Scott was fleeing, and which contradicted his police report.

The case was independently investigated by the South Carolina Law Enforcement Division (SLED). The Federal Bureau of Investigation (FBI), the Office of the U.S. Attorney for the District of South Carolina, and the Justice Department's Civil Rights Division are conducting their own investigations.

In June 2015, a South Carolina grand jury indicted Slager on a charge of murder. He was released on bond in January 2016. In late 2016, a five-week trial ended in a mistrial due to a hung jury. A retrial is scheduled for March 1, 2017.[1]

In May 2016, Slager was indicted on federal charges including violation of Scott's civil rights and obstruction of justice.

Contents

BackgroundsEdit

Walter ScottEdit

 
Scott during his service in the U.S. Coast Guard in the mid-1980s

Walter Lamar Scott[note 1] (February 9, 1965 – April 4, 2015),[3] a 50-year-old black man, was a forklift operator, studying massage therapy.[4][5][6] Scott previously served two years in the U.S. Coast Guard before being given a general discharge in 1986 for a drug-related incident.[7]

Michael SlagerEdit

Michael Thomas Slager (born November 14, 1981),[8] 33 years old at the time of the incident, served in the North Charleston Police Department (NCPD) for five years and five months prior to the shooting. Before becoming a police officer, he served in the U.S. Coast Guard.[9]

Slager was named in a police complaint in 2013 for allegedly using a Taser on a man without cause. Slager was cleared by the police department over the incident; the victim and several witnesses said they were not interviewed. Following the Scott killing, North Charleston police stated they would re-review the 2013 complaint.[10] Slager was named in a second tasing-without-cause complaint following an August 2014 police stop.[11] A complaint filed in January 2015 resulted in Slager being cited for failing to file a report.[9]

Personnel documents describe Slager as having demonstrated "great officer safety tactics" in dealing with suspects, and note his proficiency with a Taser.[9]

LocationEdit

Local residents have complained that policing in North Charleston includes the harassment and racial profiling of African Americans, including frequent use of Tasers without cause.[12][13] In North Charleston, whites make up 37% of the population, but the police department is 80% white.[14]

ShootingEdit

At 9:30 a.m., April 4, 2015, in the parking lot of an auto parts store at 1945 Remount Road,[15] Slager stopped Scott for a non-functioning third brake light.[16] Scott was driving a 1991 Mercedes, and, according to his brother, was headed to the auto parts store when he was stopped.[17] The video from Slager's dashcam shows him approaching Scott's car, speaking to Scott, and then returning to his patrol car. Scott exited his car and fled with Slager giving chase on foot.[18][19]

Slager pursued Scott. Slager then fired both of his Taser cartridges.[20] He continued to pursue Scott into a lot behind a pawn shop at 5654 Rivers Avenue,[15] and the two became involved in a physical altercation. Scott "resisted arrest".[21][22] Slager then fired his Taser, hitting Scott.[23] Scott fled, and Slager drew his handgun, firing eight rounds at him from behind.[24] The coroner's report stated that Scott was struck a total of five times: three times in the back, once in the upper buttocks, and once on one of his ears.[25] During Slager's state trial, forensic pathologist Lee Marie Tormos testified that the fatal wound was caused by a bullet that entered Scott's back and struck his lungs and heart.[26] Official autopsy reports have not been released.[24]

Immediately following the shooting, Slager radioed a dispatcher, stating, "Shots fired and the subject is down. He grabbed my Taser."[23]

When Slager fired his gun, Scott was approximately 15 to 20 feet (5 to 6 m) away and fleeing.[24] In the report of the shooting filed before the video surfaced, Slager said he had feared for his life because Scott had taken his Taser,[24] and that he shot Scott because he "felt threatened".[27]

A passenger in Scott's car, reported to be a male co-worker and friend, was later placed in the back of a police vehicle and briefly detained.[18][19]

A toxicology report showed that Scott had cocaine and alcohol in his system at the time of his death. The level of cocaine was less than half the average amount for "typical impaired drivers", according to the report.[28] Tormos testified that Scott did not test positive for alcohol.[26]

Eyewitness videoEdit

External video
  Traffic stop on YouTube
  Shooting on YouTube

An eyewitness to the shooting, Feidin Santana, recorded video of the incident on his phone.[29] At first Santana did not share the video out of fear of retribution, but he became angered when the police report differed from his view of the events.[30] In an interview on MSNBC, Santana said, "I felt that my life, with this information, might be in danger. I thought about erasing the video and just getting out of the community, you know Charleston, and living some place else."[31] The video was subsequently shared with Scott's family through an activist of Black Lives Matter, and later with the news media.[29][32]

Santana said that after a struggle in which Slager deployed his Taser, Scott was "just trying to get away from the Taser," and that before he started recording, he observed that Slager "had control of the situation".[33] In an interview on The Today Show, Santana said Scott "never grabbed the Taser of the police. He never got the Taser."[34][35][36]

After Scott was shot and had dropped to the ground, Slager approached him, repeatedly instructed him to place his hands behind his back, and handcuffed him, leaving him face down on the ground. Although police reports stated that officers performed CPR on Scott, no such action is visible on the video.[24] The video shows that Slager ran back toward where the initial scuffle occurred and picked something up off the ground. Moments later, he dropped the object, possibly the Taser, beside Scott's body.[37][38]

Another officer, identified as Clarence W. Habersham Jr., is seen in the video; he puts on medical gloves and appears to examine Scott.[39]

AftermathEdit

There have been calls for the prosecution of Clarence Habersham, the second officer seen in the video, for an attempted cover-up with allegations that he made false statements and deliberately left facts out of his report in an attempt to protect Slager.[40] Habersham has also been criticized for stating that he attempted to render aid to the victim by applying pressure to the gunshot wounds despite no such indication in the video.[41]

Slager's original lawyer, David Aylor, withdrew as counsel within hours of the release of the video. When questioned in an interview, Aylor declined to give a reason for his withdrawal, citing attorney–client privilege.[42][43] David Aylor issued the following statement on his official website "Today, I withdrew my representation of Michael Slager. This is a terrible tragedy that has impacted our community."[44]

On April 8, the North Charleston city manager announced that the NCPD had fired Slager but would continue to pay for his health insurance because his wife was pregnant.[45] The town's mayor, Keith Summey, said they had ordered an additional 150 body cameras, enough that one could be worn by every police officer.[18]

A GoFundMe campaign was started to raise money for Slager's defense, but it was quickly shut down by the site. Citing privacy concerns, they declined to go into detail about why the campaign was canceled, saying only that it was "due to a violation of our terms and conditions".[46]

Scott's funeral took place on April 11, at the W.O.R.D. Ministries Christian Center in Summerville, about 20 miles from North Charleston.[3][47]

Scott's killing further fueled a national conversation around race and policing.[48] It has been connected to similar events in Missouri, New York, and elsewhere.[49] The Black Lives Matter movement protested Scott's death.[50]

A bill in the South Carolina state house, designed to equip more police officers with body cameras, was renamed for Scott. The Senate set aside $3.4 million to fund it, enough to buy 2,000 cameras for South Carolina officers.[51]

InvestigationEdit

The use of deadly force by law enforcement in the United States is subject to the 1985 Tennessee v. Garner decision, which ruled that when a law enforcement officer is pursuing a fleeing suspect, he or she may not use deadly force to prevent escape unless "the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others".[24][52]

Separate investigations are being conducted by the FBI, the U.S. Attorney in South Carolina, the Justice Department's Civil Rights Division, and the South Carolina Law Enforcement Division (SLED).[33][53]

State murder chargeEdit

After the police department reviewed the video,[24] Slager was arrested on April 7 and charged with murder.[54] On June 8, a South Carolina grand jury indicted Slager on the murder charge.[2][note 2] If convicted, he would face between 30 years and life in prison without the possibility of parole.[37] The murder charge was the only charge presented to the grand jury.[55]

On January 4, 2016, after being held without bail for almost nine months, Slager was released on $500,000 bond. He was confined to house arrest until the trial, which began October 31, 2016.[56][57][58] On December 5, the judge declared a mistrial after the jury became deadlocked with 11 of the 12 jurors favoring a conviction.[59] The lead prosecutor in the case immediately announced her intent to retry Slager.[60]

Federal chargesEdit

On May 11, 2016, Slager was indicted on federal charges of violating Scott’s civil rights and unlawfully using a weapon during the commission of a crime. In addition, he was charged with obstruction of justice as a result of his statement to state investigators that Scott was moving toward him with the Taser when he shot him.[25] Slager has pleaded not guilty in the case, and he faces up to life in prison if convicted. No trial date had been set as of August 2016.[61]

Civil settlementEdit

In an out-of-court settlement, the City of North Charleston agreed in October 2015 to pay $6.5 million to Scott's family.[62]

See alsoEdit

NotesEdit

  1. ^ This is the name spelling used in the state grand jury indictment document[2] as well as in many news sources. Many other news sources have spelled Scott's middle name as "Lamer".
  2. ^ South Carolina law defines only one type of murder: "unlawful killing with malice aforethought".[37]

ReferencesEdit

  1. ^ Jacobo, Julia. "Retrial for Former North Charleston Officer Michael Slager Scheduled for March". ABC News. Retrieved January 3, 2017. 
  2. ^ a b "Indictment against Michael Thomas Slager". Los Angeles Times. June 8, 2015. Archived from the original on June 26, 2015. Retrieved June 26, 2015. 
  3. ^ a b "Walter Scott Funeral: Mourners Pay Respects to South Carolina Man Killed by Cop". NBC News. Retrieved April 11, 2015. 
  4. ^ Robles, Frances. "Racism Denounced at Walter Scott's Funeral One Week After Police Shooting New York Times". The New York Times. Retrieved April 12, 2015. 
  5. ^ Smith, Bruce (April 8, 2015). "White SC officer charged with murder in black man's shooting". Associated Press. Retrieved April 9, 2015. 
  6. ^ Ford, Dana (April 7, 2015). "South Carolina policeman charged with murder". CNN. Retrieved April 9, 2015. 
  7. ^ Campbell, Colin (April 9, 2015). "Walter Scott, killed by S.C. officer, served in Coast Guard at Curtis Bay". The Baltimore Sun. Retrieved May 1, 2015. 
  8. ^ "Slager, Michael Thomas". charlestoncounty.org. Retrieved April 15, 2015. 
  9. ^ a b c "Officer Michael Thomas Slager of South Carolina: What we know about him". CNN. April 8, 2015. Archived from the original on April 9, 2015. Retrieved April 9, 2015. 
  10. ^ Schuppe, Jon (April 10, 2015). "North Charleston Man Filed Abuse Complaint Against Officer Michael Slager in 2013". NBC News. 
  11. ^ Sickles, Jason (April 14, 2015). "Video captured 2014 Taser shooting involving officer Michael Slager". Yahoo! News. Retrieved April 14, 2015. 
  12. ^ Blinder, Alan; Fernandez, Manny (April 9, 2015). "South Carolina Police Shooting Seen as Crime Strategy Gone Awry". The New York Times. 
  13. ^ Daily, Michael (April 8, 2015). "'Taser Town' And The Shots Heard 'Round The World'". The Daily Beast. 
  14. ^ McCormack, Simon (April 8, 2015). "Demographics Of North Charleston Police Department Tell A Familiar Story". The Huffington Post. 
  15. ^ a b Knapp, Andrew (April 6, 2015). "Attorney: North Charleston police officer felt threatened before fatal shooting". The Post and Courier. Charleston, South Carolina. Archived from the original on May 15, 2015. Retrieved May 28, 2015. 
  16. ^ Knapp, Andrew (April 9, 2015). "To North Charleston police critics, dash video strikes at heart of problem". The Post and Courier. Charleston, South Carolina. Retrieved April 13, 2015. 
  17. ^ "Large crowd attends funeral for Walter Scott, man shot by S.C. police officer charged with murder". Cleveland Plain Dealer. April 11, 2015. Retrieved April 11, 2015. 
  18. ^ a b c Fantz, Ashley; Yan, Holly (April 9, 2015). "Dash cam video shows the moments before South Carolina police shooting". CNN. Archived from the original on April 9, 2015. Retrieved April 9, 2015. 
  19. ^ a b Sandoval, Polo; Almasy, Steve (April 10, 2015). "Walter Scott's passenger meets with police as family plans burial". CNN. 
  20. ^ Berman, Mark; Lowery, Wesley; Kindy, Kimberly (April 7, 2015). "South Carolina police officer charged with murder after shooting man during traffic stop". The Washington Post. Retrieved April 9, 2015. 
  21. ^ "Judge allows lesser charge of manslaughter in former South Carolina cop's murder trial". Chicago Tribune. Retrieved December 6, 2016. Michael Slager is charged in the April 2015 shooting death of Walter Scott, who fled from a traffic stop and resisted arrest. 
  22. ^ "Prosecutor: Officer's shooting of unarmed man in back "flat out wrong"". CBS News. Retrieved December 6, 2016. “If Walter Scott had not resisted arrest, he wouldn’t have been shot. He paid the extreme consequence for his conduct. He lost his life for his foolishness,” she acknowledged. But Slager is on trial for murder because of what he did after Scott broke away from the officer, she said. 
  23. ^ a b Berman, Mark; Lowery, Wesley; Kindy, Kimberly (April 7, 2015). "South Carolina police officer charged with murder after shooting man during traffic stop". The Washington Post. Retrieved April 9, 2015. 
  24. ^ a b c d e f g Schmidt, Michael S.; Apuzzo, Matt (April 7, 2015). "South Carolina Officer Is Charged With Murder of Walter Scott". The New York Times. Archived from the original on April 7, 2015. Retrieved April 15, 2015. 
  25. ^ a b [includes indictment document] Dixon, Chris; Lewin, Tamar (May 11, 2016). "South Carolina Officer Faces Federal Charges in Fatal Shooting". The New York Times. Retrieved May 11, 2016. 
  26. ^ a b "The Latest: Attorneys Spar Over Victim's Drug Use". The New York Times. November 9, 2016. Retrieved November 9, 2016. 
  27. ^ Knapp, Andrew (April 7, 2015). "North Charleston officer faces murder charge after video shows him shooting man in back". The Post and Courier. Retrieved April 9, 2015. 
  28. ^ Shoichet, Catherine E.; Cuevas, Mayra (September 10, 2015). "Walter Scott shooting case: Court documents reveal new details". CNN. Retrieved December 17, 2015. 
  29. ^ a b "Police Shooting Witness Says He Saw Officer Drop Something by Walter Scott's Body". Archived from the original on April 9, 2015. Retrieved April 9, 2015. 
  30. ^ Eversley, Melanie (April 9, 2015). "Man who shot S.C. cell phone video speaks out". USA Today. 
  31. ^ Helsel, Phil (April 8, 2015). "Walter Scott Death: Bystander Who Recorded Cop Shooting Speaks Out". NBC News. 
  32. ^ "Coroner: Walter Scott died from multiple gunshot wounds to the back". Charleston, South Carolina: WCSC. April 8, 2015. Retrieved April 8, 2015. 
  33. ^ a b "Bystander: S.C. victim, cop struggled before killing". USA Today. April 8, 2015. Retrieved April 8, 2015. 
  34. ^ Hanna, Jason (April 9, 2015). "South Carolina shooting victim didn't grab Taser, witness Feidin Santana says". St. Louis, Missouri: KMOV. 
  35. ^ Kim, Eun Kyung. "Feidin Santana, bystander who recorded Walter Scott shooting: 'I'm still scared'". NBC Today.  (original interview with Today)
  36. ^ CNN wire; Spillman, Eric (April 9, 2015). "Walter Scott Didn't Grab Taser, Man Who Recorded South Carolina Police Shooting Video Says". Los Angeles, California: KTLA. Archived from the original on May 31, 2015. Retrieved April 9, 2015. 
  37. ^ a b c Blinder, Alan; Williams, Timothy (June 8, 2015). "Former South Carolina Officer Indicted in Death of Walter Scott". The New York Times. Retrieved June 8, 2015. 
  38. ^ Swaine, Jon (April 9, 2015). "South Carolina shooting witness: victim 'just wanted to get away from the Taser'". The Guardian. Retrieved April 17, 2015. 
  39. ^ Fernandez, Manny (April 17, 2015). "After Walter Scott Shooting, Scrutiny Turns to 2nd Officer". The New York Times. Retrieved April 27, 2015. 
  40. ^ Linshi, Jack. "South Carolina Shooting: Critics Want 2nd Officer in Video Prosecuted". Time. 
  41. ^ Blinder, Alan (April 13, 2015). "Critics call for 2nd officer to be prosecuted in Carolina shooting". Boston Globe. Retrieved April 25, 2015. 
  42. ^ Robles, Frances; Blinder, Alan (April 8, 2015). "Seeing Path to Justice in Video of Shooting on Bystander's Phone". The New York Times. Archived from the original on April 9, 2015. Retrieved July 5, 2015. 
  43. ^ Hutchins, Corey (April 8, 2015). "Exclusive: Michael Slager's Attorney Dropped Him After Video Emerged". The Daily Beast. Retrieved July 5, 2015. 
  44. ^ "Aylor No Longer Represents North Charleston Police Officer". Official website of David Aylor. Retrieved October 23, 2015. 
  45. ^ "City takes action against cop who shot black man in back". CBS News. Associated Press. April 8, 2015. Retrieved April 8, 2015. 
  46. ^ Williams, Lauren C. "GoFundMe Rejects Campaign To Support South Carolina Officer Charged With Murder". ThinkProgress. Retrieved April 9, 2015. 
  47. ^ "Walter Scott". The Post and Courier. Retrieved April 11, 2015 – via Legacy.com. 
  48. ^ Ford, Dana (April 14, 2015). "New audio captures aftermath of deadly South Carolina shooting". CNN. Retrieved April 17, 2015. 
  49. ^ "From Trayvon Martin to Walter Scott: Cases in the Spotlight". Time. April 9, 2015. Retrieved April 23, 2015. (subscription required (help)). 
  50. ^ Fields, Liz. "After Walter Scott Killing, Black Lives Matter Movement Calls For Citizen Oversight of Police". Vice News. Retrieved May 26, 2015. 
  51. ^ Borden, Jeremy (May 13, 2015). "Bill equipping more officers with body cameras OK'd, renamed for Walter Scott". The Post and Courier. Charleston, South Carolina. Archived from the original on May 18, 2015. Retrieved May 18, 2015. 
  52. ^ United States Supreme Court (March 27, 1985). "Tennessee v. Garner". Findlaw. Retrieved April 11, 2015. 
  53. ^ Bowers, Paul (April 9, 2015). "SLED awaiting approval to release Walter Scott dash cam footage". Charleston City Paper. Archived from the original on April 17, 2015. Retrieved April 9, 2015. 
  54. ^ Martinez, Michael (April 8, 2015). "South Carolina cop shoots unarmed man: A timeline". CNN. Archived from the original on April 22, 2015. Retrieved April 8, 2015. 
  55. ^ Mcleod, Harriet (June 8, 2015). "South Carolina ex-police officer indicted in death of black man". Reuters. Archived from the original on June 8, 2015. Retrieved June 8, 2015. 
  56. ^ Knapp, Andrew (January 4, 2016). "Michael Slager, officer charged in Walter Scott shooting, is granted $500,000 bail". The Post and Courier. Charleston, South Carolina. Retrieved January 4, 2016. 
  57. ^ Shoichet, Catherine E.; Friedman, Chandler (January 4, 2016). "Walter Scott case: Michael Slager granted bail". CNN. Retrieved January 4, 2016. 
  58. ^ "Trial of Officer Seen on Video Shooting Black Man Starting". The New York Times. Associated Press. October 31, 2016. Retrieved October 31, 2016. 
  59. ^ Blinder, Alan (December 5, 2016). "Jurors Unable to Agree in Trial of South Carolina Officer Who Shot Walter Scott". The New York Times. Retrieved December 5, 2016. 
  60. ^ "After Mistrial, Slain SC Man's Family Still Expects Justice". The New York Times. Associated Press. December 6, 2016. Retrieved December 6, 2016. 
  61. ^ Knapp, Andrew (August 4, 2016). "Michael Slager to have first federal hearing since arraignment". The Post and Courier. Charleston, South Carolina. Retrieved August 24, 2016. 
  62. ^ Lowery, Wesley (October 8, 2015). "North Charleston reaches $6.5 million settlement with Walter Scott's family". The Washington Post. Retrieved July 30, 2016. 

External linksEdit