POLICE BRUTALITY RESULTING IN THE DEATH OF A SCHIZOPHRENIC HOMELESS MAN RAISES PUBLIC ANGER

For many years, the mental health community and homeless advocates have justifiably criticized local law enforcement agencies for failing to properly train peace officers in responding to situations or crises involving the mentally ill.  Crisis intervention teams with specially trained officers are a proven way to defuse problems without unnecessary force whenever mentally ill suspects may appear to threaten public safety.  In too many cases, preventable tragedy ensues if untrained officers respond with excessive force or needless shootings.   

Persons with mental illnesses who do not take medications controlling their conditions or who otherwise may become homeless are particularly susceptible to police brutality.  Many wander aimlessly or fail to respond to commands and are targeted by rogue officers who believe it’s their duty to remove them from their communities. 

There is even a phenomenon known as “suicide by cop,” where distraught individuals approach officers seemingly pleading to be killed. Others may throw or brandish non-life threatening objects when officers arrive at the scene. 

We know that peace officers have difficult, stressful jobs.  Yet, we also know that police brutality does occur and that law enforcement and local elected officials close ranks when these incidents occur.

The nation is closely watching a shocking police brutality case in Fullerton, California.  Yesterday, following an intense investigation, Orange County’s District Attorney filed second degree murder and manslaughter charges against two police officers who beat and killed Kelly Thomas, a 37-year old schizophrenic homeless man.  Its heinousness is reminiscent of the infamous Rodney King beating. 

On July 5^th, police routinely investigating reported automobile break-ins approached Thomas at a bus stop.  The victim who refused medications ran away.  He was chased and thrown face down in a defenseless position surrounded by six officers. 

Witnesses were horrified watching Thomas hit repeatedly in the face and head and attacked with a stun gun six times.  He begged for life, crying “Dad, Dad!” Thereafter, one of the suspects used the butt end of the stun gun to hit him numerous times even after he was subdued and seriously injured. 

Kelly Thomas died five days later.

Cell phone and squad car cameras recorded the entire incident.  Thomas’ father, a retired deputy sheriff, said the attack was nothing short of cold-blooded murder. His photo of Thomas’s grotesquely damaged face and other videos have circulated world-wide on You Tube and social media. 

Local residents made it clear that they were holding Fullerton’s Police Chief, City Council, and District Attorney fully accountable for investigating the case and pressing charges. Protests and vigils were held and city council meetings were flooded above seating capacity.  The filing of the criminal complaints was universally applauded.

The disability community should closely monitor this tragic case.  It underscores the need for training officers to interact appropriately with people with all types of disabilities.

We’ll never know what made Kelly Thomas flee, but peace officers must be instructed whenever interacting with our community that disabilities or medications can create unanticipated communication barriers.  It’s critical for them to actively consider that such reactions do not necessarily equate to guilt or culpability and to respond accordingly.     

AMAZON OFFERS A NEW DEAL ON THE SALES TAX ISSUE DISCUSSED LAST WEEK

I now appreciate the power and influence of Blogs, and know that consecutive ones on the same issue are not recommended, but….

In my last one I wrote about a friend being paid to collect referendum signatures to repeal the “Amazon tax.” The Legislature enacted this law requiring the collection of state sales taxes on California resident purchases from out-of-state online retailers like Amazon. 

My friend was unaware it would generate $200 million annually to help offset budget cuts in programs serving seniors, the poor, and people with disabilities, including her and her family.  To her, it was a paycheck.

Amazon was willing to spend millions to sue the state and fund the referendum. Yet, the very next day after my Blog was posted, they offered a deal.  I was amazed that Amazon read it and was convinced to broker a deal.

But seriously, they offered to drop the referendum and create 7,000 California jobs if the law was postponed until July 2014. The deal was quickly rejected by Governor Brown and the Democratic leadership because the state sorely needs the revenue.  A major referendum opponent, the California Retailers Association, asserted it was not a serious, acceptable compromise.

However, another tentative agreement has been reached.  The Legislature is close to accepting a deal delaying the law until July 2012 if the referendum is dropped and  Amazon has time to lobby Congress. 

They will seek a nationwide solution to the contentious issue of how to tax online retailers.  If Congress doesn’t act, the collections would renew September 2012 and provide a steady stream of annual revenues.

To date, Amazon has not complied with the law, so California faces risks if the deal is not accepted.  Legal costs to defend the lawsuit would be expensive and would further delay collections.  There’s also the danger of voters agreeing to repeal the tax. 

The Legislature tried to enact legislation invalidating the referendum, but Republicans failed to vote for it.  Like me, are you sensing a pattern of endless Republican “No” votes?

Governor Brown has not indicated if he will accept the deal.  He’s rightfully leery of losing any revenues in our fragile economy.  After all, the last state budget forecasted the infusion of these revenues. 

The deal needs to be made before the Legislature adjourns this week.  Republican votes are needed, but California retailers are pressuring them to solve what they view as Amazon’s unfair competitive advantage.

Where does this leave the disability community?  We certainly will face more budget cuts next year without those revenues.  How will that $200 million gap be filled and where will cuts be made?  No one knows.

Yet, it can be argued that providing new guaranteed revenues to offset future health and human services budget cuts is a “victory,” although a delayed one.  Reaching compromise often requires painful choices for both sides. 

The disability community has no real say in the deal’s final outcome, but two things are clear:

First, I should have written my Blog sooner.  Second, my friend will probably lose her job.