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Monday, December 5, 2016

One day in April of 1880, a cadet named Johnson Whittaker was found unconscious in his room at West Point.

Whittaker, who was African American, had been gagged and beaten, tied to his bed and slashed on the face and hands. He said three white cadets had assaulted him. West Point investigated. Its official conclusion was that Whittaker did these things to himself.

He didn’t, should that need saying, but I offer the story by way of framing a reply to some readers. They wanted my response to news that outside investigators have concluded a Cleveland police officer acted responsibly last year when he shot and killed Tamir Rice, a 12-year-old black kid who had been playing with a toy gun. Specifically, the local DA released two separate reports Saturday from two experts on police use of force. Both said Officer Timothy Loehmann’s decision to open fire on the boy was reasonable.

As one reader put it: “What say you???”

I say a few things, actually. In the first place, I say this is not an exoneration. That question is still up to the grand jury, though it’s fair to suspect these reports might be a means of preparing the ground for a similar finding from that panel.

In the second place, I say these reports sought to answer a relatively narrow question: Was Loehmann justified in shooting once the police car had skidded to a stop within a few feet of the boy? They left aside the larger question of the tactical wisdom of pulling up so close to someone you believed to be armed and dangerous in the first place.

And in the third place, I say this:

Forgive me if I am not impressed by an official report. The experience of being African American has taught me to be skeptical of official reports. As an official matter, after all, Johnson Whittaker beat, bound, gagged and slashed himself. As an official matter, no one knows who lynched thousands of black men and women in the Jim Crow era, even though the perpetrators took pictures with their handiwork. As an official matter, the officers who nearly killed Rodney King while he crawled on the ground committed no crime. As an official matter, George Zimmerman is innocent of murder. For that matter, O.J. Simpson is, too.

I am all too aware of the moral and cognitive trapdoor you dance upon when you give yourself permission to pick and choose which “official” findings to believe. And yes, you’re right: I’d be much less skeptical of officialdom had these reports condemned Officer Loehmann.

What can I say? A lifetime of color-coded, thumb-on-the-scale American “justice” has left me little option but to sift and fend for myself where “official” findings are concerned. Indeed, the only reason I was willing to give credence to a report exonerating Ferguson police officer Darren Wilson in the shooting of Michael Brown is that it came from Eric Holder’s Justice Department, i.e., a Justice Department that gave at least the impression of caring about the civil rights of black people.

Sadly, most prosecutors don’t give that impression. And that failure colors these findings irrevocably.

Last November, two police officers responded to a call of someone brandishing a gun in a park. Rather than position themselves at a safe distance and try to establish contact, as would have seemed prudent, they screeched onto the scene like Batman and came out shooting. Tamir Rice, a boy who had been playing with a toy firearm, lay dying for four long minutes without either officer offering first aid. When his 14-year-old sister ran up and tried to help her little brother, they shoved her down and handcuffed her.

And I’m supposed to believe they acted reasonably because an official report says they did?

Sorry, but it’s going to take a hell of a lot more than that.

(Leonard Pitts is a columnist for The Miami Herald, 1 Herald Plaza, Miami, Fla., 33132. Readers may contact him via e-mail at [email protected])

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