Sean Purdy et. al v. Vauhxx Booker

Posted on July 20, 2020. Filed under: American history, Civil Rights, Politics, What History is For | Tags: , , , , , , , |

Purdy and his companions attempted to lynch Booker. That’s all there is to it. They attacked Booker, a black man on the Fourth of July at Lake Monroe in Indiana and after beating him, explicitly said they would kill him.

Here is a still from a video someone took of the incident that speaks volumes:

Screen Shot 2020-07-20 at 9.00.55 AM

The man in the red tank top seems to be telling the person with the camera to stop filming while a woman attempts to calm him down. The man behind him is also pointing at the camera person in a threatening way, while the woman in the foreground (whom we assume is Caroline McCord) has an expression that’s hard to read. Almost hidden is Booker, being pinned to a tree by the red tank top man whom we assume is Purdy.

What happened once this story broke? What always happens. Booker, the black victim, was accused of provoking the attack, and the white attackers were presented as victims. The IndyStar reports it this way:

In a press conference held in Indianapolis Monday, an attorney for two people involved in a racially charged incident near Bloomington said his clients are victims of a smear campaign perpetuated by Vauhxx Booker.

…David Hennessy, a criminal defense attorney, represents Sean Purdy and Caroline McCord, two of the white people captured on videos that show parts of the incident.

Hennessy said Booker has been “putting forth a false narrative” about the events and that his clients “want the truth to come out.”

“Mr. Booker was the instigator and the agitator,” Hennessy said. He alleged that Booker punched Purdy three times and had to be restrained.

According to Hennessy, the incident began when Booker and his friends trespassed on private property. He said Purdy gave Booker a ride to the property line and Booker gave Purdy a beer before leaving.

Hours later, Booker returned and claimed to be a county commissioner, Hennessy said. It was during this second encounter that Booker punched Purdy three times, he claims.

“Mr. Booker threw the punches. He was then restrained — not beaten, restrained,” Hennessy said.

Hennessy also accused Booker of “race baiting” and encouraging one of the men involved to use racist language. A man is seen in the video calling Booker a “nappy headed (expletive).” Booker is heard asking the man what he “really (want) to call” him. The man repeats the insult.

…Hennessy said he and his clients wanted Booker and the people with him to tell the truth about the incident and to “apologize to the real victims of racial injustice and racism.”

Private property, trespassing, innocent whites protecting themselves against a violent intruder–it’s all too familiar a process to turn a black victim into a black predator. Let’s say, for a moment, that Booker really was intruding on private property, and knew it, and did it deliberately, to break the law and threaten or hurt white people. Let’s say Booker began assaulting the Purdy without provocation. Let’s say Booker is a criminal.

Does that mean he should be lynched? Is that how the United States legal system works? That black people who break the law can be murdered by private citizens?

There’s little doubt that murder was the goal, and a real possibility. The look on the face of the woman trying to calm the man we assume is Purdy is eloquent. She is scared that her friends are going to kill someone, on camera, and she’s attempting to prevent that, whether out of concern for Booker or, more likely, concern for her friends. Her face is all we need to know that this was an attempted killing–the kind of vigilante killing of black people by white people that we call lynching.

The idea that criminals can be killed by private citizens, or by the police, without due process is being deliberately sown and encouraged by un-American residents of this country in order to subvert rule of law. These people aren’t inventing something new: they have a well-worn playbook that was first and most powerfully called out by the great American hero Ida B. Wells, a black American woman born in 1862 who devoted her life to publicly documenting lynchings in the south. It was unbelievably dangerous work. She was forced out of Memphis, TN by attempts on her life and the physical destruction of her newspaper office, but continued her work from Chicago.

Wells began her life’s work as… a “criminal” who “broke the law” and “deserved punishment”. Here’s a short version of the story:

In 1884 she was asked by the conductor of the Chesapeake & Ohio Railroad Company to give up her seat on the train to a white man and ordered her into the smoking or “Jim Crow” car, which was already crowded with other passengers. Despite the 1875 Civil Rights Act banning discrimination on the basis of race, creed, or color, in theaters, hotels, transports, and other public accommodations, several railroad companies defied this congressional mandate and racially segregated its passengers. It is important to realize that her defiant act was before Plessy v. Ferguson (1896), the U.S. Supreme Court decision that established the fallacious doctrine of “separate but equal,” which constitutionalized racial segregation. Wells wrote in her autobiography:

“I refused, saying that the forward car [closest to the locomotive] was a smoker, and as I was in the ladies’ car, I proposed to stay. . . [The conductor] tried to drag me out of the seat, but the moment he caught hold of my arm I fastened my teeth in the back of his hand. I had braced my feet against the seat in front and was holding to the back, and as he had already been badly bitten he didn’t try it again by himself. He went forward and got the baggageman and another man to help him and of course they succeeded in dragging me out.”

Wells was forcefully removed from the train and the other passengers–all whites–applauded. When Wells returned to Memphis, she immediately hired an attorney to sue the railroad. She won her case in the local circuit courts, but the railroad company appealed to the Supreme Court of Tennessee, and it reversed the lower court’s ruling. This was the first of many struggles Wells engaged, and from that moment forward, she worked tirelessly and fearlessly to overturn injustices against women and people of color.

We have put Wells’ crime in bold: she bit a train conductor so badly that he had to recruit help to enforce the “law” followed by the Chesapeake & Ohio Railroad Company. Even if the company was violating the 1873 Civil Rights Act, it’s still illegal for an adult to bite someone. When Wells was carried off the train the white passengers applauded. Of course they did–a scary black woman who bit a train conductor was given the treatment she deserved. Those white passengers were likely confirmed in their belief that all black people were animals who needed to be “kept down” by law enforcement, or any available white men.

And Wells was scary in that moment. She was a criminal. But she was breaking the law in the name of justice. While violent protest like biting someone is not the ideal, and non-violent protest remains the goal, and the most effective means of changing a society, we see that in that moment, Wells believed she had no other way of stopping the conductor from violating her rights and breaking the law passed by Congress. In that moment, she chose violence to defend herself by taking a very visceral public action.

And so Booker may also have chosen violence when surrounded by angry white men claiming he was trespassing, like Wells was trespassing on the private property of a white train car. Wells had to be restrained, just as Purdy’s and McCord’s lawyer says Booker had to be restrained. This is not how Booker reports it. But even if he did, this doesn’t mean that Booker should go to jail, let alone be murdered by his “victims”.

Vengeance has been getting a makeover from a petty act that only rises to the level of moral duty once in a thousand instances to the first and only response to any kind of attack, real or perceived, serious or minor. Revenge killing is the mark of a society without law. In the same vein, the United States cannot allow the police to murder people because those people seemed scary and the police were afraid. We must live by rule of law, and our laws must provide liberty and justice for all, or we cease to be the United States of America.

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Lynching in the 21st-century: or, black lives matter

Posted on December 5, 2014. Filed under: American history, Civil Rights, U.S. Constitution, What History is For | Tags: , , , , , , , |

One of the cornerstones of a history education is civics. If we don’t understand how our government is supposed to work, and why it is structured the way it is, we cannot participate properly in our own government, and we can’t hold the people in positions of political authority accountable for their actions. We can’t define what justice is. We have no recourse when confronted with a crime against our proper form of government but to run into the streets as mobs, in brief and ultimately futile demonstrations that accomplish no long-term reform. So here’s our civics lesson for 2014 and beyond.

In the United States, the police are bound by the same laws they enforce. They are not above the law. They don’t have a separate code of law from non-police officers. They are government employees (at the federal, state, or local level) bound to obey the law just like other government employees. A police officer has no special waiver to break the law in dangerous circumstances; the police can use their judgment to decide whether force is needed to prevent a criminal from killing someone, but they are bound to use only so much force as is necessary to defuse the danger and take the suspect into custody alive.

Clearly, we haven’t been seeing this in the U.S. over the past few years. At the same time, it’s not a new problem. The police generally uphold the values of the majority in any country. In the U.S., the police have traditionally been white men (and this still holds true today), and they have generally upheld racial and sexual discrimination. They’re not the only ones, of course; the same can be said of Congress and most state and local governments. When we look back at U.S. history, we see that government officials and the police have often worked together to thwart the principles of our nation’s founding, and to pervert our democratic government. But one would have thought that since 1970, say, and a full century of civil rights progress and seemingly increasing enlightenment about race, sex, and sexuality, this would not be happening so openly and baldly today, in 2014. A leader of the New York police department on the radio this morning promised in-depth training and education for officers, basically to help them not respond to every encounter with a black man with deadly force. This made us wonder why, at this late date, and after so many decades upon decades of civil rights activism and education in this country, this “training” begins only now.

You have to take the long view on any current problem. When we do that here, we see that the police assaults on black men are just part of a larger problem that is not fully encompassed even by race. The real problem being expressed in these incidents is the militarization of our police and our culture. Somehow, in the last 30 years, guns have been made the hallmark of American freedom. Everyone must have one everywhere, despite their criminal record or mental stability. One of the outcomes of this is the regular school shootings we endure each year. Another is attacks on the police. For years now, we’ve heard about police being called to a domestic dispute and being shot instantly, either as part of a general shootout or as the end result of a deliberate trap. Police have been shot by people they pull over for speeding. In many states, people can carry guns around everywhere, at all times; this makes any interaction with them by the police potentially fatal for the officer.

The logical reaction to this by the police has been to up the ante: when you expect to be shot, the only way to defend yourself is to make sure you shoot first. It’s not surprising that police officers have begun to expect that every encounter they have could be fatal. And it doesn’t seem likely that any “training and education” will prevent further deaths when Americans continue to carry guns at all times—the police will still believe that the only outcome of every encounter is gunfire, from both sides. Add race to this, in the form of a black suspect, and death is almost a given. Even when it is clear the black suspect does not have a gun, extreme force is used to subdue him before he somehow injures the officer. Eric Garner was not shot like Michael Brown, but he was immediately put into a choke hold—an extreme action.

Darren Wilson’s perception of Brown as looking like “a demon” was not only an admission of his fear of being killed by a suspect, it was a shocking admission of racism that was so very like descriptions of black men during and after slavery in this country that we were left aghast. Describing black men as big, hulking, animal-like, amoral, dumb, demonic, and savage was boilerplate for two centuries in this country. Black men had to be “demonized” to justify slavery and then post-slavery oppression and… lynching.

Lynching has to come to mind here. We seem to have entered a new age of lynching in this country. Lynching is characterized not just by a violent death (by hanging, mutilation, torture, burning, etc.), but by one or two men making a lightning-fast decision about someone’s guilt and immediately acting on that decision to kill them. Originally, lynching in the West was done by whites to whites. No one described lynching more decisively and unflinchingly than Ida B. Wells, so let’s let her describe it here (from Lynch Law in America, published in 1900):

Our country’s national crime is lynching. It is not the creature of an hour, the sudden outburst of uncontrolled fury, or the unspeakable brutality of an insane mob. It represents the cool, calculating deliberation of intelligent people who openly avow that there is an “unwritten law” that justifies them in putting human beings to death without trial by jury, without opportunity to make defense, and without right of appeal. The “unwritten law” first found excuse with the rough, rugged, and determined men who left the civilized centers of eastern States to seek for quick returns in the gold-fields of the far West. Following in uncertain pursuit of continually eluding fortune, they dared the savagery of the Indians, the hardships of mountain travel, and the constant terror of border State outlaws. Naturally, they felt slight toleration for traitors in their own ranks. It was enough to fight the enemies from without; woe to the foe within! Far removed from and entirely without protection of the courts of civilized life, these fortune-seekers made laws to meet their varying emergencies. The thief who stole a horse, the bully who “jumped” a claim, was a common enemy. If caught he was promptly tried, and if found guilty was hanged to the tree under which the court convened.

The key here is the speed of the judgment. If someone was caught committing a crime, large or small, or even suspected of it, he was immediately found guilty and killed. It could be done in 10 minutes. There’s no trial (later there would be nauseating show trials with a pre-determined guilty verdict), no testimony beyond “He stole that from me”, no chance for the accused to protest or prove himself innocent. Lynching is about pre-determined guilt, but it’s also about leaping over the lengthy process of criminal justice and fair trials to the instant gratification of death to the criminal.

That’s what is shocking about every instance of police brutality or deadly force. Instead of doing all he can to bring a suspect into custody where he can be tried, the officer makes a split-second decision about how much danger he himself is in from the suspect, and acts on it immediately. Afterward, this decision is validated by a claim that the suspect was resisting arrest. This is a claim so old and so reeking of our nation’s long history of injustice to minorities of all kinds that it’s difficult to hear it spoken today. Police officers are trained to overcome suspects resisting arrest in many ways; deadly force is supposed to be a last resort. But in our militarized and violent culture, it is the first and only resort for too many police officers.

We had already thought about this as a new kind of lynching when we realized that the head of the NYC police union is named Patrick Lynch. Here is his commentary on the Garner death as reported by NBC News:

“We feel badly that there was a loss of life,” said Patrick Lynch, president of the Patrolmen’s Benevolent Association. “But unfortunately Mr. Garner made a choice that day to resist arrest.”

—Don’t most suspects “make a choice” to resist arrest? Does anyone go quietly? We would wager that most suspects resist arrest, but only the large, black ones are put in choke holds. Does any police officer expect that no one he confronts will ever resist arrest? Aren’t the police trained in how to deal with someone resisting arrest without killing them?

He praised the officer, Daniel Pantaleo, as a good man, a mature policeman and an Eagle Scout who “went out and did a difficult job, a job where there’s no script, and sometimes with that there’s tragedy that comes.”

—But there is a script: it’s called police procedure. It’s police training. Is Lynch really saying that police officers have no idea what to do when someone resists arrest other than to use deadly force? The Eagle Scout reference we will pass by in disbelief.

“It’s also a tragedy for this police officer who has to live with that death,” Lynch said.

—It doesn’t seem like it should be a tragedy if, as Lynch maintains, no real harm was done. Someone resisting arrest got what they deserved. The warped idea that it is really the police officer, not Garner’s family, who suffers most is all too common in these statements.

He also praised New York police for their handling of protests on Wednesday night, when thousands who objected to the decision took to the streets. Lynch lashed out at Mayor Bill de Blasio, who said on Wednesday that the grand jury’s decision not to bring charges was “one that many in our city did not want.”

He suggested that the mayor was teaching children to fear police officers, and he said the lesson instead should be to comply with police officers, even if they feel an arrest is unjust.

—It is only possible to comply with police officers if their treatment of you as a suspect is constitutional and legal. If not, you are under no such obligation.

“You cannot resist arrest,” Lynch said. “Because resisting arrest leads to confrontation. Confrontation leads to tragedy.”

—Americans have the right to resist arrest. The police are obligated to take people who resist arrest into custody without killing them. Resisting arrest does lead to confrontation—but the idea that confrontation must lead to tragedy is so outrageous. Are we really to accept that if we resist arrest we will be killed? Shot, choked, tased, however it happens? Any act of defiance will be met with death? This sounds more like the totalitarian states the U.S. is constantly battling around the world than our own country.

We cannot allow our police force to become perverted. We cannot become a police state, where police officers have the right to kill if, in their own, split-second judgment, they are personally endangered. The first duty of a police officer cannot be to protect himself. We can’t have local city police suddenly driving around in armored vehicles, basically tanks, because they fear for their lives. We can’t accept this as the new normal. It takes bravery and a strong commitment to justice to be a good police officer. We need more people with those qualities to take on that job.

We also need to reform our society and put an end to our obsession with “protecting ourselves” with guns. For as long as a police officer has good reason to suspect that the people he encounters are armed, we will have nothing but escalating police violence.

And finally, we cannot opt out of our government system. We can’t eviscerate our government as unjust and wash our hands of it, deciding to riot or protest and then do nothing. We can’t change anything unless the people who are outraged by injustice do the long, hard work of changing the system. We can’t have people making the split-second decision that the police are corrupt, there’s nothing we can do about it, and we are thus free to hate and defy the police. That will not change anything. Everyone has to participate in our democracy to keep it working. Anger and outrage should fuel hard work, not self-righteous inactivity. It’s hard work to be free.

We’ve said many times here at the HP that every generation has to accept and commit to our nation’s founding principles of justice. Learn what those principles are, commit to them, and uphold them in your daily life to the greatest extent that you can, and never back down from them. It’s the only way to prevent lynching.

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