Brelo Verdict (Ohio v. Brelo)
original article written by Net Advisor™
CLEVELAND, Ohio. A trial was held against police officer Michael Brelo in the deaths resulted from a police shooting of Timothy Russell and Malissa Williams. A Cleveland Judge heard the case brought by the State of Ohio. After hearing both sides of the case, the Judge found the shooting justified given the facts in the case.
Many have protested the case as Russell and Williams were ultimately found unarmed, despite numerous reports of gun possession and believed shots fired.
Mr. Russell endangered Ms. Williams’ life – his passenger carrying her on his twenty-two mile police chase at speeds over 120 MPH on city streets, on sidewalks, near a school, albeit at night. Mr. Russell used his vehicle to strike a police car during the end of the chase. That is a person that can be seen as attempting to use their vehicle a deadly weapon.
Both subjects are not exactly model citizens.
“Police don’t know why the driver, Timothy Russell, 43, refused to stop. Russell had a criminal record including convictions for receiving stolen property and robbery. His passenger, Malissa Williams, 30, had convictions for drug-related charges and attempted abduction.”
After reading the public comments, it seems that few if any bothered to read the actual Judge’s opinion based on the facts in this case. So, I decided to read the actual findings where the Trial Judge reportedly spent about an hour discussing his opinion before the Plaintiffs and Defendant.
The Trial Judge mentioned the recent high-profile officer involved shootings such as in Ferguson and Baltimore. The Judge used the rule of law and although empathetic to protestors’ feelings about the case, the Judge said he would not use this case to “sacrifice” someone to an angry public (‘mob rule’ – also known as Ochlocracy).
“…if the evidence did not show beyond a reasonable doubt that he (Officer Brelo) knowingly caused their deaths in violation of the Constitution – then I will not sacrifice him to a public frustrated by historical mistreatment at the hands of other officers.
At the same time, if the evidence did prove the charges beyond a reasonable doubt then he will be found guilty and punished as any other criminal. His badge and gun offer no special protection here.”
— HON. John P. O’Donnell, Trial Judge (Order)
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- The full 34-page Judge’s Order can be read here.
- Highlights of the #BreloVerdict are italicized below.
1. Timothy Russell seen doing possible drug deal near a homeless shelter. Was stopped by police. Passenger (Williams) was irate at officer (expletives). Driver fled the scene.
2. Separate officers on street saw a speeding car which turned out to be Russell’s vehicle and thought they heard shots fired at them and began vehicle pursuit.
3. Timothy Russell FTY (failed to yield) in police chase, ran 100+ stop signs & stop lights at speeds up to 120 MPH.
4. Timothy Russell evaded two police cruisers that attempted to stop his vehicle in the pursuit. Russell struck a moving police car, drove recklessly on a pedestrian sidewalk twice, and near school (at night).
5. Police radio report heard (of Suspect Russell’s vehicle), ‘gun pointing out back window’ (at Police).
6. Russell ‘s vehicle came at two officers (Brelo & Moore) who were on foot at this time, and attempted to arrest Russell. Shots were fired at Russell after Russell attempted to use his vehicle to run over police officers. (Suggestion. Never use a motor vehicle to try and run over police, one might get shot – See “COPS” episodes).
7. Russell ‘s vehicle collided with a Police vehicle. Officer Brelo, feared being run over and pinned under Russell’s vehicle, Brelo quickly “clambered” on top of his Police vehicle.
8. Other shots fired at Suspect (Russell). Police operated out from information on a radio call that existing shots were fired by police and Suspect (Russell) was shooting at police too.
9. Officer Brelo feared for his life, fired final 15 shots through Suspect’s (Russell’s) windshield.
10. Russell was ultimately shot 23 times (per medical examiner).
11. It was noted passenger Williams had one (earlier) bullet hit the side of her head, probably caused “instant unconsciousness” then death. No evidence PD Brelo ever shot at vehicle from the passenger side where Ms. Williams was riding). No one able to determine which bullet by whom caused occupant’s Russell and William’s death.
12. Judge: Officer Brelo was legally justified using deadly force in this case and is an affirmative defense.
13. Judge: Use of force must be judged from the perspective of the officer on scene, not in 20/20 hindsight.
14. “Nan’s” warning to police that suspect “had [a] gun.” Multiple gun risk references from multiple officers.
15. Officers have to question why Suspect (Russell) was trying to escape? Suspect slammed his vehicle into Police car. Police thought they saw a gun in the hands of Russell, albeit it was dark (Post 10:30PM local time).
16. Twelve other officers apparently made same observations as Officer Brelo. None of the other officers were charged by the State of Ohio this case.
17. Judge: Use of deadly force “constitutional,” reasonable in this case given the facts.
18. No gun found in car, Brelo had a perception of risk existed (State v. White 6th Dist OH 2013).
19. Suspect Russell had rammed into police cruiser and Russell could continue to use his vehicle as lethal weapon to cause harm to officer(s), including Defendant Officer Brelo.
20. Officer Brelo: Situation felt worse than under attack from rockers and mortar while serving in Iraq.
21. Judge: Officer Brelo did not fire at someone running away.
22: Judge: State (OH) did not prove their case that Officer Brelo caused the death of Suspect Russell and or Williams.
23. Judge: State proved of lessor offense, but even so was legally excused because force was reasonable given the facts – a justifiable shooting.
24. Judge: ‘Finds the defended (Officer Brelo) “not guilty” of felonious assault, the lessor included offense on both indicted counts. So ordered.’
The full 34-page Judge’s Order citing the facts, and applicable laws can be read here.
The People.
Outside the Court gathered an initial group of about twenty-five or so sympathetic protestors. A couple of people protesting were seen carrying the Pan-African flag. Some protestors apparently drove in a van that displays words including “No Truth, No Justice, No peace.”
The Politics.
On a separate note, we’ve been studying some of the social-economic policies in these cities that have recent high-profile officer involved shootings. In this particular case we find Ohio’s 11th District had been represented by Congressional Democrats since 1983 (PDF).
The unemployment rate is 17.7% in this same district and the people continually vote for the same party thinking they will produce a different result. Cleveland, Ohio’s Mayor has been ran by the same Democrat party since 1990.
Marcia L. Fudge is the current Congressional District Representative for Cleveland / Akron, Ohio. She states in her social media profile:
“I work on behalf of the people of the 11th District to create jobs, promote quality education, improve access to health care and protect civil rights for all.”
— Marcia L. Fudge (D), 11th Congressional District Representative for Cleveland / Akron, OH.
Given the districts’ near 18% unemployment rate, I asked (directly tweeted) the 11th Congressional District Representative as to how many jobs she has created outside of government? We have yet to hear a response.
High Crime Rate in Cleveland
Cleveland, Ohio has an extremely high crime rate on every metric compared to U.S. average numbers. In 2012 the violent crime rate in Cleveland was 246% higher than the U.S. national average.
Violent crime rate in 2012
| Cleveland: | 746.1 |
| U.S. Average: | 214.0 |
[Math: 746 (2012 total violent crimes, Cleveland) – 214 (2012 average violent crime USA city) = 532. Then 532 divided by 214 = 2.48598 or rounded to nearest whole number 249%.]
In 2012 (last data available), there were over 10,000 thefts reported, over 9,000 burglaries, over 3,000 robberies, some 3,700 car thefts, 363 rapes, and 84 murders. Reportedly, there is also 1,786 registered sex offenders in the city of Cleveland as of May 23, 2015 (Source: City Data).
The political leadership falls for the same socio-mob rule as does a number of its protestors.
#BreloVerdict is a miscarriage of justice and a chilling reminder of a broken relationship between the judicial system and those it serves.
— Rep. Marcia L. Fudge (@RepMarciaFudge) May 23, 2015
Never mind that a Court has heard evidence from both sides and made an opinion. Mob rule is not interested in law, they are interested in their rule. That is not what America is about.
Solving the socio-economic and high crime issues in many of America’s inner-cities will not be solved by a court. They are solved by proper political leadership and helping to create an environment that draws opportunity for both business and its people.
The tragic death of Mr. Russell and Ms. Williams could have been avoided at this time had he not fled police and used his vehicle in a reckless and harmful manner in order to escape law-enforcement.
The DOJ is now looking at the case.
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