In the recent rash of unarmed black men dying under questionable circumstances in police custody, it initially looked like the death of Walter Scott in North Charleston, South Carolina would have been different. After all, unlike most of the previous incidents, there was video of how Scott died, in real time. It clearly showed Officer Michael Slager pumping eight bullets into Scott’s back while Scott was running away. You would have to be completely blind to the facts and basic decency to conclude this was anything other than a criminal act.
Well, apparently one of the people who was charged with deciding Slager’s fate was indeed blind to something. On Monday afternoon, after 22 hours of deliberations spread out over four days, jurors in Slager’s murder trial announced they could not reach a unanimous verdict, prompting Judge Clifton Newman to declare a mistrial.
The first sign that what seemed like a slam-dunk conviction for murder was about to go sideways came on Friday, when Newman received a note from the jurors indicating that they were deadlocked. Lest you think that this is another replay of South Carolina’s rather troubled racial history, at the time the vote was 11-1 in favor of conviction; the lone black on the jury had been elected foreman. Soon afterward, Newman received a note from the one juror who was apparently holding out for acquittal. It read in part:
“I understand the position of the court, but I cannot in good conscience consider a guilty verdict. I respect the position of my fellow jurors, some of which oppose my position. I expect those who hold opposing views to change their minds because I see them as good, honest people, therefore I regret to say we may never reach an unanimous decision. As you stated, we must follow the instructions you have given us, and the law. We all struggle with the death of a man and with all that has been put before us. I still cannot, without a reasonable doubt convict the defendant.”
The foreman later sent a note to Newman indicating that the holdout had “issues”–and apparently they were frustrating enough that the jurors wanted him or her dismissed.
It’s easy to see why they were frustrated. Slager maintained that Scott had put him in fear for his life, and he simply reverted to his training and “fired until the threat was stopped.” But even if you buy that argument, you still have an unarmed black man running away, and a cop shooting him in the back. If I were to do the same thing to a person who stole something from me, there is no question that I would be going to jail. And that would be true even if I wasn’t a black man. I repeat, anyone who thinks this is an acceptable use of force is blind to basic decency.
It initially appeared that this juror had managed to hopelessly deadlock the jury. However, when the foreman told Newman that it was still possible that he and his colleagues could come to a unanimous verdict, Newman sent them home for the weekend. When they came back on Monday, however, the jurors sent a note saying that most of them were undecided. Based on the content of the note, they appeared to be unsure of whether it was murder or manslaughter; the jurors wanted to know why manslaughter was on the list of potential verdicts.
Only three hours later, the jurors indicated they were hopelessly deadlocked, leaving Newman no option but to declare a mistrial. Watch the announcement here.
Slager would be blind to reality if he thinks he can breathe easy, however. Ninth Circuit Solicitor (district attorney) Scarlett Wilson has vowed to retry the case. He also faces federal charges of violating Scott’s civil rights; Wilson wants federal prosecutors to coordinate their timeframe with her office.
For their part, Scott’s family wants the world to know that the fight isn’t over. Watch their post-verdict press conference here.
Family attorney Chris Stewart was confident that Slager would answer for his cowardly acts, saying that Slager “may have delayed justice, but he did not escape it.” Scott’s mother, Judy, said that she was confident justice would be done because she knew “the God I serve” would not allow “injustice” to prevail. His brother, Anthony, has implored for any protests that ensue to remain peaceful; at last report, North Charleston is still calm.
I find myself thinking back to the first trial of Edgar Ray Killen for his role in the Freedom Summer murders of 1964. His 1967 trial ended with the jury deadlocked 11-1 in favor of conviction. The one holdout claimed she was willing to hang the jury because–wait for it–she could not bring herself to convict a preacher. Monday’s decision is almost as incomprehensible as Killen’s first trial. If not for one juror who was inexcusably blind to basic facts, Slager would be in jail where he belongs.
Killen was ultimately retried and convicted in 2005; he is currently serving 60 years in prison. In all likelihood, we won’t have to wait almost 40 years for Slager to get justice. Stewart said it better than anyone could–in the absence of something we haven’t seen or heard, this is not a case of justice denied, but justice delayed.
(featured image: screenshot courtesy The New York Times)
