Portraying victims as dangerous

As noted in the literature review, the dangerousness of the victim matters for perceptions of whether a death was justified, and criminality is an important dimension for thinking about dangerousness. In 21 out of 66 cases in which low threat people died (31.8%), early official statements about the incident contained imagery or language that portrayed the victim as a criminal aside from information relevant to describing the current encounter. For instance, in 5 cases, statements referred to the low threat victim as a “suspect” or “suspicious.” For instance, Montgomery Police Chief Ernest Finley said that an officer thought Greg Gunn looked “suspicious” as he walked along a street at 3:20am (Miller Reference Miller2016). In a press conference, Austin Police occasionally referred to David Joseph, who was shot while he was unarmed and naked, as a suspect but refused to discuss his criminal history, at least (Cleary Reference Cleary2016). Disclosing a victim’s criminal history (8 cases) or saying that they were “known” to police or law enforcement (6 cases) or had a “troubled past” (2 cases) occurred as well. For example, after Alfred Olango was shot by police, Immigrations and Customs Enforcement released a statement saying that Olango was a criminal immigrant under a deportation order (McLaughlin Reference McLaughlin2016). Unarmed Levonia Riggins was described as the “subject of a monthlong drug investigation,” although police only recovered “a small amount of marijuana” during the drug raid where they killed him (Sullivan Reference Sullivan2016). Michael McInnis was said to have “an extensive criminal record” (CBS Boston 2016). There were several other criminalizing statements, such as saying that a victim went by an “alias” (Dowty Reference Dowty2016).

The case of Sylville Smith of Milwaukee presents an extreme example of an attempt to criminalize a victim. During the press conference after his death, Chief Edward Flynn spoke at length about Smith’s “lengthy criminal record,” including about a case of witness tampering that was dismissed (CBS News 2016). Milwaukee County Sheriff David Clarke also said at a news conference that Smith had “a bunch of drug arrests here, robbery, use of force” (CBS News 2016). None of these incidents explained the use of force against Smith. At the officer’s trial, the prosecutor said that Smith was shot when he was disarmed and on the ground with his “hands up, with no place to go” (Nolan, and Bosman Reference Nolan and Bosman2017). Smith’s family ultimately was awarded $4 million by the city of Milwaukee (Vielmetti Reference Vielmetti2020).

In another case, the attempt to construct the justification narrative was caught on tape. After Blount County, Kentucky deputies killed Anthony Michael Edwards, a lawsuit by his family alleges that deputies on the scene told dispatchers to search for a criminal record for Edwards. “When the dispatcher found a warrant on file in Sevier County, the audio showed, Burns and other law enforcers ‘cheered’, some saying, ‘yay’. The mood changed quickly, though, when the dispatcher said it was for a misdemeanor offense”(Satterfield Reference Satterfield2017). The deputy told the dispatcher, “OK. I was kind of hoping it was a felony” (Satterfield Reference Satterfield2017).

Officials disclosed other negative information about low threat victims as well. Victims’ drug abuse was discussed in seven cases, and mental illness was described in three cases. One victim was described as homeless.

With respect to race, 47.0% of low threat victims were Black, 28.8% of low threat victims were White, 22.7% of low threat victims were Latino, and 1.5% were Native American. Black and Latino victims were the most likely to be criminalized in the official statements: 35.4% of statements about Black victims and 33.3% of statements about Latino victims contained criminalizing language. In comparison, criminalizing language appeared in 26.3% of statements about White victims.

The extent to which police portrayed victims as dangerous by discussing past incidents or using language such as suspect or suspicious does not differ dramatically based on victim threat level. Criminalizing language or imagery beyond that describing the current encounter was used in 24 out of 62 (38.7%) statements involving high threat individuals. However, with respect to the encounter that led to the death, high threat individuals were described as in the process of committing a crime in 23 of 62 cases. (37.1%)Footnote ³ Thirteen statements referenced high threat victims as suspects, eight provided criminal history, and three said that the individual was known to police. Other information, such as drug abuse and mental illness, was discussed three times.

With respect to race, 20.9% of high threat victims were Black, 16.1% of high threat victims were Latino, and 58.1 percent of high threat victims were White. As is the case with low threat victims, official statements were more likely to use criminalizing language or discuss prior criminal activity for Black and Latino decedents: 46.2% of statements about high threat Black decedents and 50.0% of statements about high threat Latino decedents contained criminalizing language or information, compared with 36.1% of statements about high threat White decedents.

Obfuscating officer involvement

According to Fatal Encounters, of the 66 victims coded as low threat, 50 died from gunshot wounds, 9 were tasered, 5 suffocated or were restrained, one was beaten or bludgeoned to death, and 1 cause of death was undetermined. However, 13.6% (nine victims) of the initial statements from officials did not admit to the use of any force against low threat individuals. Officials said that they used force against 57 low threat victims: they shot 43 victims, restrained 9 victims, and tasered 10 victims (some victims were subjected to multiple types of force). In cases involving deaths of high threat individuals, all of the initial statements admitted that police shot the victims, additionally, officers also used tasers in two cases. Neither medical issues nor drug use was blamed for any deaths of high threat victims.

Among low threat victims, official statements were the most likely to admit to shootings. However, when statements about low threat individuals did not admit responsibility for gunshots, typically it was to suggest that someone else could have shot the victim. For instance, the official statement said that Venita Keen may have been shot by Eddie Collins, whom police were trying to serve a warrant (WAFF News 2016).

Taser use sometimes was left out of official statements involving low threat victims. Fatal Encounters lists tasers as the cause of death in nine cases, but the fact that officers used tasers on these victims was mentioned only 77.7% of the time (seven cases). For instance, the Anaheim Police Department Spokesman said that Fermin Valenzuela became combative when officers tried to speak to him, and when they moved to arrest him his heart and breathing stopped (Vives Reference Vives2016). The statement did not mention that Valenzuela was tasered, and the news article explicitly mentions that all the information provided by the police was contained in the article (Vives Reference Vives2016). Similarly, a press release from the Port Arthur, Texas police department said that a struggle ensued when Manuel Delacruz refused to comply with officers and medical personnel in the emergency room; “During the struggle, officers and ER personnel realized the subject was in distress” (Meaux Reference Meaux2016).

Similarly, medical issues or drug use were blamed for deaths of low threat individuals frequently, even when restraints or other force admittedly were used. For instance, a preliminary report from the state medical examiner said that “an enlarged heart” and “over-exertion” contributed to the death of 64-year-old Ollie Lee Brooks, even though officers chased him down a flight of stairs, tackled, handcuffed, pepper-sprayed, and tasered him (2News Oklahoma 2016). The statement also mentioned that Brooks had crack cocaine and a pipe in his motel room at the time of his arrest (2News Oklahoma 2016). Officials’ statements said that Benston Clinkscales died from “probable excited delirium” caused by drug and alcohol use, despite the fact that officers used a stun gun on him twice and restrained him (WYFF4 News 2016). Jonathan Barrio experienced a “medical emergency and stopped breathing” after police placed him in hobble restraints even though he “appeared to be under the influence” (The Sun 2016). Police described Richard Gonzales as “a longtime cocaine user who may have died of drug abuse,” but police struggled with him and restrained him as well (Chung Reference Chung2016). Medical issues were the most likely to be blamed for deaths of Latino victims (26.6% of statements, compared with 19.4% of Black victims and 15.8% of White victims).

In several cases, deaths occurred after police used restraints or other force against people with obvious medical conditions. Officers said that Joel Huerta was highly impaired, “but officers restrained him and took him to jail,” where he became unresponsive “almost immediately” after his restraints were removed (Staff 2016). Brian Steen was having a chest pains but refused medical treatment and ran into the street (Holland Reference Holland2016). Police tackled him and restrained him, at which point he “went into medical distress” (Holland Reference Holland2016). Marcus Dushane White was bleeding, sweaty, shirtless, and had “injuries” when police struggled with him, took him to the ground and arrested him (Scanlan Reference Scanlan2016). He later died at the hospital. As the literature review notes, it is well documented that using tasers and restraints in these kinds of situations can lead to death (United States Department of Justice 1995).

In two cases, low threat victims suffered mysterious head injuries during their arrest or custody, but early statements did not admit these injuries were caused by law enforcement. In the case of Anthony Edwards, the Sheriff’s Office said that during the arrest, Deputy Jerry Burns “took Edwards to the ground” and “Edwards hit his head on the pavement” (2016). Body camera footage later shows that Burns, an MMA fighter, admitted that he body-slammed Edwards to the ground (Satterfield Reference Satterfield2019). Regarding Lorez Chambers, Oklahoma County Sheriff John Whetsel said, “At no time was Mr. Chambers struck or punched, nor was his head ever slammed against anything by any member of the Oklahoma County sheriff’s office—or by any member of the Oklahoma City Police Department—while he was on jail property [emphasis added]. Our employees did absolutely nothing wrong, its all on video” (Clay Reference Clay2016). Chambers’s family later sued for wrongful death.

Blaming victim behavior

Nearly all statements, regardless of the threat level of the decedent, blame victim behavior for the officers’ use of force. For high threat victims, all but one statement (98.4%) discussed victim behavior that led to the use of force. A smaller but still large number of the official statements involving low threat victims cite victim behavior or demeanor for the use of force: out of 66 cases, 53 statements (80.3%) say that the victim said or did something that caused police to use force. However, it is important to keep in mind that fully half of these low threat victims, 33 people, were unarmed and at least three had their hands up when they were killed. Several others died while restrained or when they were on the ground and subdued.

I also observe racial differences in whether official statements about low threat victims blame victim behavior for officers’ use of force. Almost all statements about low threat Black decedents, 93.5%, blamed victim behavior for the use of force, compared with 73.6% of statements about low threat White decedents and 60.0% of low threat Latino decedents. For all groups, roughly half of low threat decedents were unarmed when they were killed.

Statements differed with respect to the kinds of behavior used to justify the use of force depending on the threat level of the decedent. For instance, “refusing commands” is the most common explanation for the use of force in incidents involving low threat victims. One-third, or 22 of the 66 low threat victims, were accused of refusing commands or being uncooperative with officers. In particular, 15 of the 33 unarmed victims had force used against them because they refused commands. In contrast, only 9 of 62 statements about high threat individuals mentioned that the person refused commands; in 7 of these cases, the specific command was to drop a gun or other weapon. Black victims were the most likely to have refusing commands listed as the cause of the use of force: 41.9% of statements about Black victims said that they refused commands, compared with 31.5% of statements about White victims and 20.0% of statements about Latino victims.

For these low threat victims, refusing commands sometimes resulted from impairment. Joseph Nathaniel Weber, a man with “special needs,” “ignored instructions” of officers and “the situation escalated to the point where a shot was fired” (White Reference White2016). Francisco Serna, a 73-year-old man with dementia, was shot and killed outside his home while holding a crucifix “when he refused to remove his hands from his pockets” (Walters, and Connor Reference Walters and Connor2016). Daniel Landeros was tasered twice after a car accident in which he hit three other cars, but officers said that he continued to struggle and resist arrest until he became unresponsive (KCRA News 2016). Landeros died from a combination of intoxication and police restraints (Judson Reference Judson2020). At other times, the reasons were less clear. For example, according to police, Michael McInnis also refused to pull his hands out of his pockets and “eventually one of the officers fired his weapon” (CBS Boston 2016). Officers also said of unarmed Terence Crutcher that “he refused to follow commands given by the officers… They continued to talk to him, he continued not to listen and follow any commands” (Associated Press 2016). Dylan Noble was on the ground surrounded by officers who had already shot him twice; officers say he refused to stop reaching for a plastic container full of clay when they shot him two more times while he was down (Elinson Reference Elinson2016). Michael Tyler Jacques, who was unarmed, “did not cooperate” with officers and they shot him while he was sitting in his minivan (Bernstein Reference Bernstein2016). The families of Serna, Noble, and Jacques ultimately were awarded settlements; the officer who killed Terence Crutcher was indicted.

Several statements said that low threat victims spoke or behaved aggressively toward officers. The statements describe officers and victims as engaged in a “struggle” (nine cases), “confrontation” (one case), or “altercation” (three cases). Low threat victims were described as “combative” in six cases, “belligerent” in two cases, or “erratic” in two cases. For example, police shot Todd Burroughs and his dog after Burroughs allegedly struggled with officers and threw a beer can at them; the city ultimately settled with Burroughs’s family (Powell Reference Powell2016). Daniel Landeros was in a car accident, then took an aggressive stance “as if he was preparing to engage the officers in a physical confrontation” which led to officers suing a stun gun on him twice (KCRA News 2016). Up to four officers also knelt on Landeros to restrain him in a prone position (Judson Reference Judson2020). A lawsuit is pending (Judson Reference Judson2020). Derek Adame reached down to start his car while being held at gunpoint; the police statement said Adame was shot during an altercation that “resulted in the officer discharging his service weapon at least one time” (Surprise Police Department 2016). These less-specific descriptors of decedent behavior or demeanor were used much less frequently in statements involving high threat victims; only 10 statements regarding high threat victims mentioned a verbal threat or used the words “struggle” or “altercation.” Six additional statements about high threat individuals said that the individuals engaged in specific aggressive actions, such as assaulting or dragging officers or driving toward officers or bystanders with their cars.

In the majority of statements about high threat victims, 55 of 62 statements (88.7%) said that the officers’ use of force was justified because the victim had a gun or other weapon. Forty-three (69.4%) statements mentioned guns, while twelve (19.4%) mentioned knives or other large, sharp objects such as a sword, pitchfork, garden shears, or an axe. The high threat individual was said to have fired at officers in 27 statements (43.5%); overall, the individual was said to have pointed at, approached with, stabbed, or fired at officers or others with a weapon 44 times (70.1%). Officers and other bystanders were mentioned as being injured or killed at the scene in 19 statements (30.6%).

For low threat victims, statements were less likely to imply that officers’ use of force was justified because the victim had a weapon. Weapons were mentioned in official statements for 22 low threat victims. In ten of these cases, the weapon was a gun. Raleigh, North Carolina officials say that Akiel Denkins went for a gun in the waistband of his pants; however, some eyewitness and other evidence disputes this claim (Hall Reference Hall2016). Wauwatosa, Wisconsin officers found Jay Anderson sitting in his car with a gun, but the police did not immediately accuse Anderson of threatening the officer with the gun or release details about what led to the shooting (Hutchison Reference Hutchison2016). Sylville Smith had a gun, but was disarmed and on the ground when the officer fired the fatal shot (CBS News 2016). Some people were killed for having replica weapons. Daniel Enrique Perez had a replica handgun, and police said he was trying to commit suicide-by-cop (Suter Reference Suter2016).

Having a gun and either making gestures or refusing verbal commands in combination led to shootings in several cases involving low threat victims, even though it is not clear that the decedent threatened or fired at officers. Jamarion Robinson allegedly fired at officers, but his family says that it was impossible because his gun was inoperable (Georgia Bureau of Investigation 2016b). Atlanta prosecutors also tried to investigate this incident further but were blocked by the Department of Justice (Sharpe Reference Sharpe2018). Kenney Watkins allegedly started to “turn toward” officers while holding a gun, but Watkins was shot in the back (Los Angeles Times 2018; Mather Reference Mather2016). Keith Lamont Scott had a gun and refused officers’ commands to drop his weapon, though his wife was on the scene and told officers that he was impaired by a traumatic brain injury (Larimer Reference Larimer2016). Police said that Alton Sterling was reaching for a gun in his pocket, even though he had already been tasered multiple times and was restrained on the ground by two officers (Mckneely Jr. Reference Mckneely2016). Sterling’s family was awarded millions of dollars because of the incident.

In twelve cases, official statements implied that victims had weapons other than guns; unlike with high threat victims, these items mostly were not large or sharp objects. Gregory Frazier, for instance, was said to have been shot by police after he “produced a knife,” but other people at the residence said that Frazier was in the backyard eating takeout when he was killed (Barszewski Reference Barszewski2019; The Ledger 2016). Albert Thompson “exhibited” a hand torch while officers were chasing him (Ahumada Reference Ahumada2016). The cities of Miami and Ceres eventually settled with Frazier’s and Thompson’s families, respectively. Ariel Galarza died after being tasered twice; police say they found him “brandishing a glass bottle” after “menacing” a neighbor (Miles Reference Miles2016). Galarza held a bottle of hot sauce in his own kitchen (Carrega Reference Carrega2017; Miles Reference Miles2016). Greg Gunn was allegedly “holding what appeared to be a weapon and was later identified as a retractable painters stick” (Miller Reference Miller2016). Gunn’s family received a settlement as well.

Often, police say they used force against unarmed victims because the person moved or advanced or made other physical gestures. Some sort of motion was indicated as spurring the use of force in six incidents; officers said the victim advanced or moved toward officers in seven cases. Antronie Scott, who was unarmed, was shot when he “spun around toward an officer” and put his hands up (Beltran Reference Beltran2016). Alfred Olango pointed a “vaping device” at police; police released a still photo of Olango pointing the vaping device that advocates argued was out of context (McLaughlin Reference McLaughlin2016). David Joseph was completely naked and unarmed, but was shot and killed by Austin police officers after he “refused commands” and “charged toward” officers (Cleary Reference Cleary2016). Winooski Police were said to have shot Jesse Beshaw after he ignored commands and video shows him “advancing toward Deputy Palmier with his right hand concealed behind his back” (Baird Reference Baird2016). William Bowers “appeared to be reaching for something in his pocket while he attempted to flee” (Tse Reference Tse2016). Police shot Edson Thevenin, Deravis Caine Rogers and Jessica Williams for fleeing in cars, though neither posed a danger to officers or others at the time and department policies forbade firing into moving vehicles in this way (Georgia Bureau of Investigation 2016a; Holyoke Reference Holyoke2016; Schultz Reference Schultz2016). The officer who shot Rogers was fired, and the police chief resigned after the death of Williams.

Sometimes, it is not clear from the statement whether the victim did anything to provoke officers. Adalid Flores “was confronted by officers and the shooting happened” according to Anaheim Police Sergeant Daron Wyatt (Coker Reference Coker2016). Constable Bobby Joe Smith was convicted of reckless homicide for shooting Brandon Stanley, who was unarmed and had his hands up, while attempting to serve a warrant for Stanley’s arrest (WKYT News 2016). Police were looking for a man knocking on residential doors and found Gustavo Najera in a nearby park. An “officer made contact with [Najera] and an officer-involved shooting occurred” (Guinyard, and Arvin Reference Guinyard and Arvin2016). Gary Porter was shot at a Father’s Day party in a park; according to the statement, the officer “faced a deadly force situation” that caused her to fire (Dowty Reference Dowty2016). In only one case involving a high threat victim did the statement fail to mention specific behavior by the victim that led to the shooting.

These claims that the behavior of low threat victims provoked officers are not always true. Sergeant French of the Troy, New York Police Department, said that he shot Edson Thevenin after Thevenin pinned Sergeant French against his own squad car with his car after a police chase. The police chief said in the initial statement, “It would appear that the actions of Sergeant French are certainly in line with the law, department policy, and his training, and we are fully supporting the sergeant” (Holyoke Reference Holyoke2016). It turns out that the forensic evidence contradicts the claim that Thevenin pinned Sergeant French against his car. The Troy Police department attempted to cover up the incident, issuing their public statements even when they were in possession of evidence that Sergeant French was not pinned when he began to shoot. The Rennselaer County District Attorney attempted to block the State Attorney General from investigating the department and the incident and was ultimately indicted for prosecutorial misconduct (Gavin Reference Gavin2020).

Similarly, in the case of Terrence Crutcher, described earlier by officers as refusing to follow commands, video evidence disproved officers’ assertions that Crutcher was not cooperating with police. Police said that Crutcher refused to put his hands up at officers’ requests and that he was reaching into his car to get a gun, but videos clearly show Crutcher standing with his hands up when he was shot. The officer was tried and acquitted (Vera Reference Vera2019).

The Blount County Sheriff’s Department attempted to cover up the fact that deputies violently body-slammed Anthony Michael Edwards, his family’s lawsuit alleges. In particular, the deputy who killed Edwards and others provided official statements that contradicted the ones they made on tape when they did not know they were being recorded (Satterfield Reference Satterfield2017). In the suit, the family explicitly argues that the deputies were constructing a justification narrative to avert public backlash from killing Edwards, claiming that the deputies gave inaccurate statements “to the media and the public at large to create ‘fake news’ so that the public and citizens of Blount County could justify in their minds the actions of the officers” (Satterfield Reference Satterfield2017).

In three cases, officials insinuated that the victim had a gun when evidence suggests that they were not armed. A Miami Police Spokesman said that Jamar Rollins was shot when he jumped from his car and “produced a firearm” and that there was “one firearm at the scene” (Harris Reference Harris2016). However, later tests of the gun were not able to find Rollins’s DNA on the gun (Lipscomb Reference Lipscomb2019). The press release regarding the death of Philando Castile mentions that “a gun was recovered at the scene,” even though Castile was not armed and did not have the gun when he was killed (Gordon Reference Gordon2016; Smith Reference Smith2017). Calin Rocquemore refused to show his hands after running from a traffic stop, and a trooper said: “he thought the suspect was going for a gun” so he “fired his handgun in reaction to the perceived threat” (Marshall News Messenger 2016). No gun was found at the scene (KETK News 2016).

To summarize these findings, the justification frame appears in cases where officers use force against both high and low threat individuals. The use of criminalizing language (beyond that referencing the current incident) is used to describe high and low threat individuals at similar rates. Officials are less likely to admit to the use of force when describing incidents involving low threat individuals. Officials are less likely to blame victim behavior when making statements about low threat individuals; however, they still blame victim behavior in a majority of cases. The kinds of behavior used to justify the use of force also differ between low and high threat victims: high threat individuals are described as moving toward or injuring a person with a gun or knife, while low threat individuals are described as refusing commands or making other motions. Race matters as well: officials were less likely to use elements of the justification frame against White individuals, particularly criminalizing language and blaming victim behavior.