The Oakland Press

A better way to handle cases like the Rittenhous­e shooting

- Gary Abernathy, a contributi­ng columnist for The Washington Post, is a freelance writer based in the Cincinnati, Ohio, region.

Too often as a country, we travel along destructiv­e and divisive loops of our own design, even as an offramp to a more constructi­ve and just society is there for the taking. Five lessons from the Kyle Rittenhous­e case illustrate the point.

The first lesson was that some of our most renowned media sources will rush to judgment when a story can serve to indict supporters of former president Donald Trump. No surprise there.

On Aug. 25, 2020, Rittenhous­e, 17 at the time, shot and killed two people and wounded a third in the midst of rioting in Kenosha, Wis., that followed the police shooting of Jacob Blake, a 29-year-old Black man. The next day, the New York Times helped set the tone by reporting that Rittenhous­e's “social media accounts appeared to show an intense affinity for guns, law enforcemen­t and President Donald Trump,” a descriptio­n that puts millions of Americans, by associatio­n, under a pall of suspicion. The narrative of “a possible vigilante attack carried out by a young white man,” as the Associated Press chimed in, took root — and the facts never caught up.

The second lesson is that everyone involved is a victim. Rittenhous­e, who unquestion­ably acted foolishly by showing up at a riot with a gun, is a victim of the avalanche of armchair verdicts handed down before the jury weighed in. Rittenhous­e and those who died — both White — are victims of last year's trend of local leaders confusing patience and empathy for protesters and rioters with a dangerous form of appeasemen­t. It is not surprising when a law-enforcemen­t void left by dithering authoritie­s is filled by citizens taking to the streets to protect private businesses and public property. The worst outcome of angry rioters combined with armed citizens played out in Kenosha.

The third lesson is that the legitimate grievances of Black Americans about disparitie­s in policing must be addressed.

On the PBS “NewsHour” Friday night, The Post's Jonathan Capehart and I discussed the Rittenhous­e trial with host Judy Woodruff. Capehart poignantly recounted the case of John Crawford III, a Black man who in August 2014 innocently picked up an air rifle that was for sale at an Ohio Walmart and carried it as he shopped. Someone called police, and Crawford, 22, was shot and killed by an officer, who, after an investigat­ion, faced no charges. Rittenhous­e, by contrast, openly carried a loaded semiautoma­tic rifle, killed two people and is going home.

“There's pain in the Black community because we are seeing how justice is meted out depending on who you are,” said Capehart.

Indeed, African Americans often face unfair — and deadlier — outcomes in our justice system compared with White people. Simmering resentment over the slow pace of criminal justice reforms is understand­able. But parity should be achieved through greater justice for Black people, not by increasing unfair results for Whites. That seemed lost on Vice President Kamala Harris, who said she was “disappoint­ed” in the Rittenhous­e verdict, and added, “We still have a lot of work to do.” Only a guilty verdict was acceptable?

The fourth lesson is that a predictabl­e focus on guns is fruitless. Some observers insisted the Rittenhous­e case should lead to reexaminin­g gun rights and self-defense laws. But such challenges are often met by expanding such rights. “Stand your ground” and “castle doctrine” laws have replaced the necessity to retreat. In Ohio, the Republican-controlled statehouse is joining other states in advancing legislatio­n that would no longer mandate a license to carry a concealed weapon. The right to keep and bear arms under the Second Amendment remains a cherished freedom in America, and any efforts to curtail it will face stiff resistance.

The fifth lesson is that we seldom change our approaches despite repeated failures. Attention is quickly turning now to a pending verdict in the case of Travis McMichael, Gregory McMichael and William “Roddie” Bryan, charged in the shooting death of Ahmaud Arbery, an unarmed Black man, near Brunswick, Ga. The evidence for conviction seems strong, especially after cellphone video emerged casting doubt on initial self-defense claims. The case went to the jury this week.

Legal profession­als often remind us that justice is a process, not a desired result in a given case. But such idealized sentiments seldom hold sway. In reality, results trigger reactions. Juries are unpredicta­ble, and the “wrong” verdict in the Arbery trial or some future case involving racial issues will merely restart the cycle of reaction, unrest and counterrea­ction.

Failure being the persistent result, a new path seems logical. It would include a media devoted to patiently gathering facts and restrictin­g heated rhetoric and alarmism; an aggrieved community strictly adhering to peaceful protest, despite its justified anger; leaders responding to unrest, when necessary, with a response from trained police sufficient to protect life and property; and real social justice reforms that the left proposes and the right must embrace.

Clinging to our familiar rituals merely sustains the sad and endless loop. It's time for change, all the way around.

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