The Arizona Republic

The complex question of justice in America

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The anger remains raw and the reaction turned violent when yet another white police officer was acquitted after shooting a black suspect. It is as important to understand the anger that rocked St. Louis this weekend as it is to acknowledg­e the value of the high burden of proof the law requires for a first-degree murder conviction.

The shooting took place Dec. 11, 2011, but the state did not file charges until 2016.

Justice delayed? Ex-Officer Jason Stockley had, during a high-speed chase, made the comment that “we’re killing this (expletive) you know.” He did subsequent­ly shoot Anthony Lamar Smith.

Justice denied?

Protesters near St. Louis thought so after the ruling Friday and again Saturday. They recoiled at what was seen as yet another example of unequal treatment of minority suspects by police.

It’s a legitimate point backed up by a list of dead black men and a gnawing rage among those who hold police to a high standard.

But not all the protests were peaceful. On Friday, dozens of people were arrested and 11 police officers were injured, including five officers who were taken to hospitals, according to the Associated Press. Businesses were damaged and red paint was spattered on the home of St. Louis Mayor Lyda Krewson.

After a day of peaceful protests Saturday, violence again broke out after a small group refused to disperse and wound up breaking windows at dozens of businesses and throwing things at police, who massed in riot gear to make arrests.

This is a deep anger that America has seen before following other high-profile cases of white officers who shoot black suspects — some unarmed — and suffer no consequenc­es. These protests were reminiscen­t of the months of angry and occasional­ly violent protests over the 2014 police shooting of Michael Brown in nearby Ferguson.

Violence is not the way to achieve positive change. It undermines, rather than reinforces, the message of the protesters.

But the violence needs to be seen, never condoned, in the context of a deep distrust for the U.S. justice system. A deep belief that the justice system serves the dominant population, but treats minorities like second-class citizens.

Our justice system is broken, Sam Thomas told the Associated Press while helping clean up the broken glass at his friend’s business, which had been hit by protesters.

“I’m not saying this is the right way to fix it,” he told the news service regarding the damage. “The window isn’t murdered. Nobody is going to have a funeral for the window. We can replace it.”

A life cannot be replaced. What’s more, our justice system cannot survive if it lacks the confidence of entire segments of our population.

In this case, even the judge struggled. St. Louis Circuit Judge Timothy Wilson said he “agonizingl­y … poured over the evidence” against Stockley. Much of it looked bad, such as the comment about killing the suspect.

After a high-speed chase that began with Smith ramming the police vehicle, Stockley approached the car with his gun holstered. Stockley’s partner had warned Stockley the suspect had a gun, and Stockley testified that he saw a gun before the chase began. But no gun was seen as Stockley approached the car.

According to testimony, Stockley drew his weapon after Smith refused an order to show his hands. The officer fired five times and killed Smith. One of the bullets entered at an angle consistent with Smith reaching for something in the car, which Stockley said he thought was a weapon.

Yet the prosecutio­n said Stockley returned to his own car and retrieved a weapon, which he then planted in the car. The judge found that argument was not supported by evidence.

A quantity of heroin was also found in the car. The judge noted that in his 30 years on the bench, it would be an “anomaly” for an urban heroin dealer not to be in possession of a gun.

Judge Wilson struggled to find proof of guilt in the evidence. He wrote that he is bound by a code of conduct that says “a judge shall not be swayed by partisan interests, public clamor or fear of criticism.”

The judge wrote: “No one is promised a rose garden, and this is surely not one.” It was like a mine field, yet the judge’s fidelity to the rule of law holds hope — even for those who disagree with the verdict.

“This court, in conscience, cannot say that the state has proven every element of murder beyond a reasonable doubt,” he wrote.

That high standard for a guilty verdict in a murder case protects all suspects and is the hallmark of a justice system that strives for equality.

But that’s of small comfort to African-Americans and many others who perceive injustice in this case.

If the evidence was disturbing enough to make the presiding judge agonize, you can hardly blame AfricanAme­ricans if they looked upon the same facts and saw a system rigged against them.

 ?? SCOTT OLSON/GETTY IMAGES ?? Demonstrat­ors protest the acquittal of former St. Louis police Officer Jason Stockley on Sunday in St. Louis.
SCOTT OLSON/GETTY IMAGES Demonstrat­ors protest the acquittal of former St. Louis police Officer Jason Stockley on Sunday in St. Louis.

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