07 December 2017

20 Years

Michael Slager, the former North Charleston, SC police officer filmed shooting Walter Scott in the back, and then planting his Taser on the body, has been sentenced to 20 years in a federal prison for civil rights violations after the judge determined that the underlying misconduct was murder:
Michael T. Slager, the white police officer whose video-recorded killing of an unarmed black motorist in North Charleston, S.C., starkly illustrated the turmoil over racial bias in American policing, was sentenced on Thursday to 20 years in prison, after the judge in the case said he viewed the shooting as a murder.

The sentence, which was within the range of federal guidelines, was pronounced in Federal District Court in Charleston about seven months after Mr. Slager pleaded guilty to violating the civil rights of Walter L. Scott when he shot and killed him in April 2015. The case against Mr. Slager is one of the few instances in which a police officer has been prosecuted for an on-duty shooting.

“We have to get this type of justice, because being a police officer is one of the most powerful jobs in the country, and it should be respected,” L. Chris Stewart, a lawyer for Mr. Scott’s family, said after the hearing, which was punctuated by tears and grief. “But that doesn’t mean you’re above the law. That doesn’t mean you can do as you please.”

Federal prosecutors had urged that Mr. Slager be sentenced to life in prison for a shooting that they contended amounted to second-degree murder. Mr. Slager’s defense lawyers, as well as the United States Probation Office, had recommended that the judge, David C. Norton, treat the shooting as akin to voluntary manslaughter.

On Thursday, the fourth day of the sentencing proceedings, Judge Norton said he had concluded that the killing should be considered murder for the purposes of determining Mr. Slager’s punishment. The shooting, he said, was “reckless, wanton and inappropriate.”

………

“I see him with a Taser in his hand as I see him spinning around,” Mr. Slager, who was 33 at the time of the shooting, testified later about the skirmish with Mr. Scott, who was 50. “That’s the only thing I see: that Taser in his hand.”

But Mr. Scott soon broke away, unarmed, and began to run again. Mr. Slager raised his pistol, pointed it at Mr. Scott’s back, and fired eight shots. Mr. Scott, who was at least 17 feet from Mr. Slager when the officer opened fire, fell to the ground. Moments after the shooting, Mr. Slager approached Mr. Scott and dropped his Taser near him, an action that prosecutors believed was an attempt to plant evidence and skew the investigation.

A barber who was walking to work, Feidin Santana, recorded the shooting and its aftermath on his cellphone. Mr. Santana did not immediately come forward with his recording, and the authorities initially believed Mr. Slager’s account of the encounter with Mr. Scott. But Mr. Santana’s footage transformed the case.

………

But the plea agreement with the Justice Department left open a central issue — whether the killing of Mr. Scott had been tantamount to second-degree murder or voluntary manslaughter. More than semantics was at stake: The answer was crucial to calculating what is known as a guidelines range for sentencing in the federal courts. Until Thursday morning, it was not clear how Judge Norton would rule.

Prosecutors argued for murder because Mr. Slager “acknowledged he willfully used unreasonable force when he shot Walter Scott, even though Scott was unarmed and posed no threat.” They also said that the judge should increase Mr. Slager’s sentence because Mr. Slager had violated Mr. Scott’s civil rights under color of law and because he had “willfully obstructed justice.”
Slager dropped the Taser moments after shooting Mr. Scott in the back 8 times.

This wasn't manslaughter, and the judge was correct in his assessment of the underlying acts that led to the civil rights violation.

Here's hoping that there are more successful prosecutions of bad cops.

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