Civilians shouldn’t have to de-escalate police
Thank you
to my friends and people throughout the country who have reached out to
show support in the wake of my potentially tragic encounter with
Knoxville Officer Matthew Janish. I also thank Knoxville Police Chief
David Rausch for coming to Charlotte to explain the decision not to
discipline Officer Janish and answer my questions. I am disappointed,
but not surprised. The system is broken.
On May 3, I
was confronted at gunpoint by Officer Janish while I was putting a
license plate on an SUV that I purchased from his mother-in-law the
previous week. The incident occurred in her driveway, which is across
the street from Officer Janish’s home. Janish, who was off-duty, thought
I was stealing the truck. After investigating, Knoxville Police
determined that Officer Janish’s actions were “lawful and proper.”
My case is
another example of how the system is broken. Although my encounter
didn’t end tragically, it could have, as all too many have (Philando
Castile, Walter Scott, Michael Brown and others), and his actions likely
would have still been deemed “lawful and proper.”
The system
is designed to exonerate police officers, not provide justice for their
victims. My incident, however, gives me new insight into just how much
the law values police lives over the citizens they are supposed to
protect.
Chief Rausch said that when
investigating complaints, it is essential to understand an officer’s
mindset to determine the facts. A mindset is not a fact. Here are the facts that Janish appeared to focus on – the unmarked cab, a black person, the duffel bag and the license plate.
Then here
are other facts that he ignored – he knew his mother-in-law was selling
the car, it was broad daylight, and I knew her first name, but not her
last name. I offered to show him the keys, registration and bill of sale
signed by his mother-in-law.
Those are the actual facts. Officer Janish’s mindset was the scenario he created in his head. His fears weren’t facts.
The moment
I arrived at Officer Janish’s mother-in-law’s house I became a suspect,
and under the law, it seems that Officer Janish became a victim. He
could have stayed at his house, called 911 and waited for the sheriff’s
department to arrive. Instead he grabbed his weapon and came outside to
confront me.
Had I not
reacted calmly, Officer Janish likely would have been within his legal
rights to shoot me although I wasn’t doing anything illegal. My mere
presence with a duffel bag was deemed a threat.
In her statement, Knoxville Mayor
Madeline Rogero talked about the extensive training officers receive in
appropriate use of force and de-escalation. Asking common-sense
questions, before unholstering a weapon, should also be included in
police training.
I’m sure
the situation looked questionable from Officer Janish’s house, but it
warranted the question “what are you doing?” That’s exercising common
sense. That’s de-escalation.
During his visit, Chief Rausch talked
about lessons learned. I didn’t overreact. I didn’t get angry. So, I
survived. He said my behavior is how everyone should act in those
situations – comply, survive and complain later. But, it’s not natural
to be accused of doing something wrong and not prove your innocence.
I wanted
to show him the keys or reach into my bag for the registration and bill
of sale. I fought every impulse to do anything that would make him feel
threatened. I don’t have de-escalation training. I’m the one being
held at gunpoint. I’m the one thinking my life could end if he panics.
Yet, I’m the one expected to remain calm.
It seems that the legal system is really asking civilians to de-escalate adrenaline-fueled cops. We must remain calm while facing a loaded gun while the trained officers can panic and overreact. What about our lives? Who protects us from the people who are supposed to protect us?
Opinion: The law values police lives over citizens
