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    Why Botham Jean’s Family Won’t Get $100 Million Awarded by Jury

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    Cities have paid out billions of dollars in police misconduct cases, but depending on the case, families may not receive any money at all. A recent $100 million penalty for a police shooting case in Dallas may never lead to a payout.The family of George Floyd received $27 million after he was killed by police officers in Minneapolis. The family of Breonna Taylor got $12 million. Richard Cox, who was paralyzed after a ride in a police van in New Haven, Conn., got $46 million.But the family of Botham Shem Jean, who was killed by an off-duty officer, Amber R. Guyger, as he watched television in his apartment in Dallas in 2018, may never see a penny.That is not because the courts did not value his life. On Tuesday, a jury awarded his family almost $100 million. The difference lies, rather, in who was held responsible for his death.How do police violence cases usually work?In many high-profile cases of police violence, the city or county where the misconduct occurred is responsible for any payout connected to wrongful death or injury. Those taxpayer-funded payouts have amounted to billions of dollars: In 2023, New York City paid nearly $115 million in police misconduct settlements, according to an analysis by the Legal Aid Society.Awards to victims or their families can vary greatly, depending on factors such as the projected earnings over a victim’s lifetime, the sympathies of juries in a given jurisdiction and the amount of publicity generated by the case. Some families win money in civil rights claims even when the officers involved are not criminally charged or disciplined.But in order to have a successful case, plaintiffs must surmount at least two significant legal obstacles. First, officers are granted qualified immunity from lawsuits if victims cannot show that the officers have violated their “clearly established” rights. Second, municipalities can be held responsible only if the plaintiff’s rights were violated because of a negligent policy or practice — for example, if the police department had ignored previous bad behavior on the part of an officer or had failed to properly train its officers.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      If Trump wins the election, US protest movements could face serious crackdowns

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      This is the first part of the standfirst This is the second part of the standfirst Headline what’s at stake?
      The Knox county commission was questioning a property developer one evening in April three years ago when protesters quietly filed in to their auditorium and raised their fists in the air.A week earlier, police had shot and killed 17-year-old Anthony Thompson Jr in a bathroom at his high school after they found him with a gun. Protests erupted in Knoxville, the county seat and largest city in eastern Tennessee, and one the loudest voices speaking out was Constance Every, who had organized demonstrations in the city during the national outrage that followed George Floyd’s death less than a year earlier. Now, she was in the county commission chamber with about two dozen others, intending to press them for the release of police body-camera footage that captured Thompson’s death.As the protesters lined up near the meeting room’s back wall, Every, who was wearing a Black Lives Matter shirt, retrieved from her backpack a white T-shirt Thompson’s aunt gave her, which read: “Who do you call when the murderer wears a badge?” Then, she pulled out an electronic bullhorn, and sounded the siren.“Knox county, county commission, your meeting is over,” Every said through the bullhorn, as the protesters clustered around her. “’Cause what we’re not going to tolerate is that we got a kid who was murdered at Knox county schools, and y’all going to carry on like these children don’t deserve to have their rights and other factors. It is not OK, what you all are doing, whatsoever.”View image in fullscreenWithin seconds of the siren going off, sheriff’s deputies, both in uniform and in plainclothes, converged on Every, grabbing her and some of her group, and marching them outside. While many kept silent as they left, Every did not. “I have not broke any laws! I am exercising my right to peacefully assemble and use my freedom of speech, you fucking murderers!” she shouted.The disruption lasted just over 70 seconds. But for Every and the six others arrested in the commission chambers, it marked the beginning of a three-year legal saga, after the county prosecutor charged them with disrupting a lawful meeting – a misdemeanor for which Tennessee’s Republican leaders had just months earlier doubled the punishment.Since Floyd’s death in May 2020, Republican-led states have enacted laws expanding the definition of rioting to encompass protesters who stayed peaceful when others did not, protecting drivers who run over demonstrators that block roads and enhancing penalties against protesters who target oil and gas infrastructure and deface monuments. The International Center for Not-for-Profit Law (ICNL), which tracks the legislation, has found that hundreds of proposals have been made by state and federal lawmakers nationwide, and more than two dozen signed into law.The push comes as the GOP’s standard bearer, Donald Trump, campaigns for the presidency on a platform that includes suppressing protests. He has vowed to deploy the national guard “where there has been a complete breakdown of law and order”, while simultaneously promising pardons for people convicted over the January 6 insurrection. As president, Trump reportedly encouraged the military to shoot protesters, and, this year, allies such as the speaker of the House of Representatives, Mike Johnson, have said the national guard should be used against college students demonstrating over Israel’s invasion of Gaza.If he returned to the White House, Trump could direct a militarized response to protests and pressure congressional Republicans to pass legislation that would impose nationwide penalties like those already in effect in Tennessee.Tennessee is a thoroughly red state where the GOP holds a supermajority in its general assembly. Last year lawmakers temporarily expelled two Black Democratic representatives who staged a noisy protest calling for gun control legislation in the state house chamber. In August 2020, Republicans passed a bill that increased penalties for blocking a street or sidewalk and created a new felony offense for protest encampments on state property, in addition to making disrupting a meeting a more severe category of misdemeanor.The Republican governor, Bill Lee, justified the legislation as necessary to prevent “lawlessness”, and in the years since, he has signed two more anti-protest bills, one of which made blocking roads a felony, and the other of which expanded the definition of aggravated rioting and created a mandatory minimum sentence for people convicted.View image in fullscreen“These laws that we are seeing in Tennessee are really representative of the kinds of tactics that we’re seeing nationwide in response to particular protest movements,” said Nick Robinson, a senior legal advisor at ICNL’s US program.To Amelia Parker, a Black Lives Matter activist who now serves on the Knoxville city council, it is not surprising that Every wound up being perhaps the first person to run afoul of such laws.“She’s one that authorities would want to make an example out of. They definitely would not want another Constance,” Parker said.An African American army veteran who is disabled with post-traumatic stress disorder from two tours in Afghanistan, Every became politically active after struggling to find services during a period of homelessness in Knoxville, the home town she returned to after leaving the military.“I’m not a sugar-coater, I’m not a person that’s going to come in and say, ‘with all due respect’. I’m not that,” Every said in an interview from her apartment, where a framed photograph of her speaking to protesters in a police station parking lot in the days after Floyd’s death hangs over the couch.“I’m going to come in and tell you straight to your face the failures, the problems, and more importantly, you holding this role as a political, elected body or member, that you should hold a lot of accountability for what’s happening.”Her leadership of the 2020 protests, which in Knoxville were generally peaceful, put her on the radar of local authorities, she believes. Tensions in the city escalated again following Thompson’s shooting on 12 April of the following year at Austin-East, a predominantly Black high school where, in the few months since the new year, four students had already died in shootings in its neighborhood.Officers went to the school that afternoon to find Thompson after his ex-girlfriend reported him for assaulting her earlier in the day and warned he was known to carry a gun, an investigation by Knoxville’s police department would find. In a lawsuit filed against the city and the four officers involved in his death, attorneys for Thompson’s mother and his best friend would write that he carried a pistol because his ex-girlfriend’s family had threatened him, and because the streets around the school were unsafe.The fours officers looking for Thompson found him in a bathroom stall with a gun. A struggle ensued, and after Thompson’s pistol went off and hit a garbage can, one of the officers fired twice, fatally wounding the teenager and injuring a school resource officer.Days later, the Knox county district attorney general, Charme Allen, said she would not prosecute the officers who encountered Thompson. The lawsuit filed by his mother and friend was dismissed by a federal judge, who found the officers had qualified immunity – the controversial doctrine that limits law enforcement officials’ liability for some lawsuits. Their attorney has appealed the decision.Every and other activists in Knoxville remember an atmosphere of distrust in the days after Thompson’s death, which was worsened by authorities’ decision to initially describe him as an “active shooter” and lead the public to believe the teenager was responsible for wounding the school resource officer, when he was in fact shot by one of their colleagues. They decided to hold protests to demand more details of what really happened, including the release of footage from the cameras the police were wearing on their uniforms.“We knew we had to double down and, as activists, that we had to really rally around each other and dig in on having fortitude to ensure we put a spotlight to this,” said Calvin Skinner, a Baptist minister who has collaborated on social justice work with Every, and was arrested at the county commission meeting.Days after Thompson’s death, Every, Skinner and others disrupted a school board meeting without issue. But when they went to the county commission meeting a week after the teen’s fatal wounding, they knew something was off. Dozens of sheriff’s deputies were waiting for them, and signs had been posted warning of the state’s law.In the past, disruptions had not been uncommon at the Knox county commission. Like many local governments, the body had just weathered a tense period as they dealt with the Covid-19 pandemic, during which protesters opposed to mask mandates would sometimes start shouting at them during meetings, recalled the former county commissioner Dasha Lundy. The same thing would happen when people grew upset over zoning decisions, she said, but, to her knowledge, nobody from either group was arrested.“I keep going back to the people who were not supportive of [mask mandates] and how they were interrupting our meetings, but they just so happened to be white folks,” said Lundy, who was the sole Black commissioner during her four years in office.“They just tell them, be quiet, do this, whatever. They interrupted the meeting too, but we don’t want to talk about that.”After Every began talking, the commission’s then chair, Larsen Jay, a Republican, gaveled the meeting into a 10-minute recess. When it resumed, he called the disruption “clearly a staged set-up for one purpose: to draw attention, to draw in police reaction, and to make this commission put in a very bad position”. He then added that anyone who wanted to speak could sign up for their public forum.The seven protesters who were removed from the commission chambers were jailed for a few hours, then released and charged with disrupting a meeting. That was one of the offenses that the Tennessee general assembly had raised penalties for in their bill passed after Floyd’s death, upgrading it from a class B misdemeanor to class A, the most serious category that carries a maximum jail sentence of just under 12 months.View image in fullscreenThough the protesters were a multiracial group, Every believes their cause made them a target. “If we were talking about anything else than Black Lives Matter, [there] probably would have been a whole different approach,” she said.A spokeswoman for the Knox county sheriff, Tom Spangler, said he was unavailable to comment. A spokesman for Allen, the district attorney general, said she declined to comment, because the case was still “pending”.The arrest came as a surprise to Mary Winter, a white Ihop manager who had traveled from a Tennessee city nearly two hours west to attend the protest. She didn’t think she was in danger of breaking the law and had walked into the chamber holding Every’s phone, which was streaming the protest on Facebook. That video, as well as another recorded by the Knoxville News Sentinel, shows that Winter stayed silent until she was detained, but in an affidavit, the deputy who arrested her accused her of disrupting the meeting by “yelling and encouraging others to do the same”.“This sworn statement of this officer in my arrest affidavit, that was the basis for my being arrested. And it flat-out did not happen,” Winter said.Shortly before the trial started on 8 April, Winter opted to plead guilty in exchange for six months of unsupervised probation and paying court costs. She was already on probation for felony attempted murder after shooting her husband, with whom she said she was in an abusive relationship, and feared a conviction that would send her to jail. Two other protesters, Carrie Hopper and Kevin Andrews, also took plea deals.At the trial, attorneys for Every, Skinner and two co-defendants, Gavin Guinn and Aaron Valentine, attempted to convince the jury that prosecutors had failed to prove that they had “substantially” disrupted the meeting, as the statute demanded. Every testified that they never intended to halt the commission’s meeting, because that would defeat the purpose – rather, they wanted the lawmakers to use their power over the district attorney general’s budget to have the body-camera footage released. The video was made public two days after the protesters’ arrest.View image in fullscreenThe trial also answered the question of how the sheriff’s department was aware of Every’s plans: they had been monitoring her Facebook account.“We’ll check various activist groups, activist individuals, individuals who somebody calls to us about and says they have concerns. And one of those individuals was Ms Every,” testified John Sharp, a sergeant in the Knox county sheriff’s office’s narcotics division, one of the plainclothes officers that removed Skinner from the commission chambers.Both sides questioned Jay about why the mask mandate protesters were not arrested when they were disruptive. The commission chair replied: “I’m not aware that they got arrested” but “several of them were escorted out of the room after being disruptive. I don’t know what the result of their actions were afterwards.”“And you say [these two parties] disrupted your meeting in similar ways?” asked Mike Whalen, Skinner’s attorney.“Yes, basically shouting out and disrupting it from an auditory perspective,” the commissioner replied.The prosecution, led by the deputy district attorney, Sean McDermott, put Every’s use of the bullhorn, and the protesters gathering around her, at the center of their case.“Did any of the mask people pull a siren and announce that your meeting was over?” McDermott asked Jay. “No,” he replied.In his closing argument, McDermott said: “The group was acting as one. They were protecting the one with the bullhorn, surrounding her, making it more difficult, slowing law enforcement down, stopping the meeting.”After about six hours of deliberations, the jury found Every guilty, but acquitted the three other defendants. She was sentenced to nearly a year of probation. Her attorney, Andrew Beamer, has appealed the verdict.Even with the heightened penalties, it was unlikely that Every would have been sentenced to jail, Beamer said. But he believes the new law serves as a “shot across the bow of everybody, that they weren’t going to let you protest in this way.“I think that the state saying, ‘hey, we care about these protest laws, let’s charge people.’ I don’t think that was lost on the county here.” More

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      Sheriff Resigns After Backlash Over Sonya Massey’s Shooting Death

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      Jack Campbell, the sheriff of Sangamon County, was criticized for hiring the deputy, who has now been charged with murdering Sonya Massey in her home last month.Jack Campbell, the Illinois sheriff whose deputy was charged with murder after fatally shooting a Black woman in her home last month, said Friday that he would leave his position by the end of the month amid calls from the public and the governor that he do so.The sheriff said in a statement obtained by WAND, a local television news station, that the “current political climate” made it impossible for him to continue in his role leading the Sangamon County Sheriff’s Office and that he would retire no later than Aug. 31.Sheriff Campbell had previously said he would not resign as he faced criticism for having hired Sean Grayson, the white deputy who shot Sonya Massey, 36, despite knowing that Mr. Grayson, 30, had two convictions for driving under the influence on his record, including one that had led to Mr. Grayson’s premature discharge from the Army in February 2016.Mr. Grayson fatally shot Ms. Massey at her home in Springfield, Ill., on July 6 after she had called the emergency services because she believed an intruder was in her home.The day before, Ms. Massey’s mother, Donna Massey, had called 911 to alert the authorities that her daughter had been having a mental breakdown and was in a vulnerable state.“I don’t want you guys to hurt her, please,” she told a dispatcher on the morning of July 5.Sheriff Campbell, who was elected in 2018, fired Mr. Grayson on July 17 after an investigation into the deputy’s shooting of Ms. Massey by the state police resulted in a murder charge. On July 22, his department released footage of the shooting from Mr. Grayson’s body-worn camera.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Prosecutor Drops Murder Charges Against Minnesota Trooper Amid Pushback

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      The prosecution of Ryan Londregan, a white Minnesota state trooper who fatally shot a Black motorist last year, sparked rare bipartisan outrage. The top prosecutor in Minneapolis has dropped murder charges against a state trooper who fatally shot a motorist last year after a traffic stop, her office said on Sunday, a stunning turnaround in a case that ignited a political firestorm.The trooper, Ryan Londregan, had been charged with second-degree murder in the killing of Ricky Cobb II. But the prosecutor, Mary Moriarty, a longtime public defender who was elected Hennepin County attorney in 2022, said she concluded that the evidence was too weak to take to trial.For months, Ms. Moriarty defended the murder charges amid criticism from both Democratic and Republican officials, as well as law enforcement officials. In a statement on Sunday, she said that the announcement dismissing the charges was “one of the most difficult I’ve made in my career.”The pushback over the charges reflected a shifting view on policing in the state four years after the murder of George Floyd by a Minneapolis police officer sparked a national outcry over racism and abuses by law enforcement. Mr. Cobb, 33, was Black; Trooper Londregan, 27, is white. Ms. Moriarty took office promising sweeping changes in the wake of Mr. Floyd’s murder, including stronger efforts to hold officers accountable for misconduct. Civil rights activists had hailed her decision to charge Trooper Londregan as courageous. Gov. Tim Walz, a fellow Democrat, had voiced his unease and made clear that he was considering using his legal authority to remove the case from her purview. In recent months, six of the state’s eight members of Congress issued statements criticizing the prosecution. We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Texas’s pardon of a man who killed a Black Lives Matter protester is chilling | Tayo Bero

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      This month, the Texas state parole board unanimously recommended the pardon and release of convicted killer and former US army sergeant Daniel Perry, along with the restoration of his firearm rights. Perry had been working as an Uber driver in July 2020 when he shot and killed Garrett Foster, a white man who was attending a Black Lives Matter protest with his Black fiancee. Perry was later indicted for murder, tried, convicted and sentenced to 25 years in prison by an Austin jury.Almost a year from the date of his sentencing, Perry’s pardon was granted by Texas governor Greg Abbott, and he now walks free. As terrifying as the initial incident was, this pardon sends a chilling message: that politically motivated killing is OK, and that politicians are more focused on pandering to political pressure than protecting people’s lives.During Perry’s trial, it emerged that in the weeks before he killed Foster, he had shared white-supremacist memes and talked about how he “might have to kill a few people” who were demonstrating outside his house in 2020. He also compared the Black Lives Matter movement to “a zoo full of monkeys that are freaking out flinging their shit”. And days into nationwide protests sparked by George Floyd’s murder by a Minneapolis police officer, Perry sent a text message saying: “I might go to Dallas to shoot looters.”Perry described shooting Foster as an act of self-defense. Yet according to trial testimony about the day Foster died, Perry had seen the predominantly Black group of protesters gathered across the street from him, ran a red light and drove his car right into the middle of the protest. When Foster – who was legally carrying a firearm but had not, according to some eyewitnesses, threatened Perry – approached Perry’s car, he shot him dead and sped away.In rehashing this horrendous incident, the question on my mind is: how do you justify “pardoning” a person like this? Condemning Perry’s release isn’t about believing in carcerality or wanting to keep people in prisons, mind you; it’s about how we get to this point as a society, whom we grant permission to kill, and how we treat the people involved in a tragedy like this in its aftermath.Abbott – who rarely issues pardons, and has generally only pardoned low-level, nonviolent offenders – had faced pressure from conservative media figures to grant Perry one. Rightwing pundits like former Fox News host Tucker Carlson and even Texas GOP chair Matt Rinaldi squeezed him publicly about Perry’s conviction. It doesn’t seem like Abbott needed much convincing, though, seeing as he directed the parole board to review Perry’s case just one day after he was convicted.There’s also the question of how we got here. Foster’s death and his killer’s subsequent pardon are the direct result of a government that’s more beholden to wealthy gun lobbyists than concerned with commonsense legislation that literally saves lives. Foster’s death was, in part, the result of a tragic meeting of Texas’s notoriously loose stand-your-ground self-defense laws, which Perry’s supporters claim he was upholding when he shot Foster, and the state’s “open carry” laws, which Foster was legally exercising when he had his rifle slung over his shoulder during the protest.Alan Bean, the executive director of the Texas-based civil rights advocacy group Friends of Justice, summed up the implications of Perry’s case succinctly.“If one guy with a gun feels threatened by another guy with a gun, murder is permissible. If both men felt threatened, the resulting tragedy would technically be ruled a no-fault double-homicide,” he wrote after news of the pardon went public.Even Texas police aren’t blind to the ways that open-carry laws are exceptionally dangerous and nonsensical. “We were completely opposed to ‘license to carry’ because anytime there’s more guns, there’s a problem,” Ray Hunt, executive director of the Houston police officers’ union, said back in 2021.If there was any doubt that Abbott doesn’t care how problematic these laws are, even after what happened to Foster, consider that he used his pardon announcement to reaffirm that “Texas has one of the strongest ‘stand your ground’ laws of self-defense that cannot be nullified by a jury or a progressive district attorney”.These are scary words to hear from your elected official after a tragedy that could have been avoided with better gun laws. Abbott continues to signal to gun-toting rightwingers that they can go around murdering people they don’t agree with, and that they will have the full force of the law to back them up.Foster’s mother, Sheila, spoke to the New York Times after the pardon, and her words are haunting in their truth. “It doesn’t make sense,” she said over the phone. “It seems like this is some kind of a political circus and it’s costing me my life.”
      Tayo Bero is a Guardian US columnist More

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      NYPD Responded Aggressively to Protests After Promises to Change

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      Violent responses to pro-Palestinian activists follow a sweeping agreement aimed at striking an equilibrium between preserving public safety and the rights of protesters.Last September, the New York Police Department signed a sweeping agreement in federal court that was meant to end overwhelming responses to protests that often led to violent clashes, large-scale arrests and expensive civil rights lawsuits.The sight of hundreds of officers in tactical gear moving in on pro-Palestinian demonstrators in Bay Ridge, Brooklyn, on Saturday suggested to civil libertarians that the department might not abide by the agreement when it is fully implemented. At least two officers wearing the white shirts of commanders were filmed punching three protesters who were prone in the middle of a crosswalk.And film clips of recent campus protests showed some officers pushing and dragging students, a handful of whom later said they had been injured by the police, though many officers appeared to show restraint during the arrests.“I think members of the public are very concerned that the police will be unwilling or unable to meet their end of the bargain,” said Jennvine Wong, a staff attorney with Legal Aid, which, along with the New York Civil Liberties Union, filed a lawsuit against the city over the department’s response to protests in 2020 after the killing of George Floyd.That lawsuit was later combined with a complaint filed by Letitia James, the state attorney general, over what she called widespread abuses during the Black Lives Matter protests. Last fall, police officials and Ms. James reached the agreement in federal court, intended to strike a new equilibrium between the department’s need to preserve public safety and the rights of protesters.The city, along with two major police unions, agreed to develop policies and training that would teach the department to respond gradually to demonstrations, rather than sending in large numbers of officers immediately, and to emphasize de-escalation over an immediate show of force. The implementation was expected to take three years.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Los Angeles D.A. Gascón Is Running for Re-election in a Very Different Climate

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      George Gascón is running for re-election in a very different climate, where concerns about crime have overtaken demands for equity and accountability.Three years ago, George Gascón rode a wave of collective outrage following the murder of George Floyd in Minneapolis to become district attorney of Los Angeles by promising to make the criminal justice system fairer and, most crucially, to rein in the police.Now, to win re-election and stay in office, Mr. Gascón will need to tap into a different type of emotion: fear — in particular a perception that Los Angeles is less safe and that his policies as district attorney have made it so, an argument advanced by many of his challengers but largely unsupported by data. “I think that this race now for 2024 has gone back to, for a lot of people, law and order, lock ’em up,” Mr. Gascón said in an interview. Mr. Gascón’s victory in 2020 was one of the most consequential electoral outcomes from the movement for social justice and police accountability galvanized by Mr. Floyd’s murder by a Minneapolis police officer. And for the national movement that in recent years has helped elect progressive prosecutors in jurisdictions across the country, the victory in Los Angeles was momentous: The county has the nation’s largest prosecution office, the largest jail system and a long history of police abuses.But Mr. Gascón, 69, is running for re-election in a very different political climate. Demands for equity and accountability in policing and prosecution have been overtaken by concerns about what to do about crime — the question that has dominated the district’s attorney’s race in Los Angeles. “I think that this race now for 2024 has gone back to, for a lot of people, law and order, lock ‘em up,” Mr. Gascón said in an interview. Jenna Schoenefeld for The New York TimesThe 11 candidates challenging Mr. Gascón include judges, attorneys in his own office and former federal prosecutors, nearly all to varying degrees running to the right of Mr. Gascón.“Yes, crime is up,” Jonathan McKinney, a prosecutor in Mr. Gascón’s office who is among the challengers, told the crowd at a debate this fall hosted by the Santa Monica Democratic Club. “That’s why you’re all here tonight.” The first round of the election is in March, and if no candidate receives more than 50 percent of the vote — unlikely given the low numbers each candidate is currently polling at — the top two candidates will face each other in November.Even as Mr. Gascón’s opponents paint a picture of out-of-control crime, the data indicates that Los Angeles, like much of the country, is becoming safer in crucial categories of violent crime, such as murder, as the social and economic disruptions of pandemic recede. In the city of Los Angeles, which accounts for about 40 percent of the population of Los Angeles County, most violent crimes are down substantially compared to 2021, Mr. Gascón’s first year in office. Murder, often a proxy for people’s wider views on crime, is down about 18 percent, while rape is down close to 19 percent. But property crimes, including burglary and car theft, have risen, the only crime tracked by the F.B.I. that has gone up in 2023.Back in 2020, progressives like Mr. Gascón often tried to use data to persuade voters concerned about crime that their feelings didn’t always match reality.This time, he is taking a different approach.“We can talk to people about data, and that doesn’t really resonate,” he said. “So I gave up on talking about data. I’ll throw it in there to sprinkle, but I immediately try to connect with people on a human level. Acknowledging their feelings, because their feelings are real.”Three years ago, Mr. Gascón rode a wave of outrage following the murder of George Floyd to become district attorney by promising to make the criminal justice system fairer.Bryan Denton for The New York TimesMr. Gascón is facing opposition not only from candidates to the right of him, accusing him of making Los Angeles less safe and failing to take a tough stance on crime, but also from liberal-minded voters who are either worried about crime or have become disenchanted by his policies. Growing up in Los Angeles, Mauricio Caamal says he was routinely harassed by the police. He was also a victim of crime when he was 4 years old, and his father was robbed and murdered in downtown L.A.When 2020 came around, and the nation convulsed with protests over the murder of Mr. Floyd, Mr. Caamal was drawn to the streets over a police killing closer to home: A sheriff’s deputy in Los Angeles shot Andres Guardado, an 18-year-old security guard, five times in the back, killing him. Mr. Caamal, 32, embraced the calls to defund the police, and supported Mr. Gascón. Mr. Gascón first rose to prominence as an assistant police chief in Los Angeles in the mid-2000s. More than a decade later, after serving as the police chief in San Francisco and then winning two terms as that city’s district attorney, he returned to Los Angeles to run for district attorney there. In office, Mr. Gascón has pursued dozens of cases against police officers, a rarity under his predecessor. But earlier this year, after a long investigation, he declined to bring charges against the deputy in Mr. Guardado’s case, determining there was “insufficient evidence” to support charges.“I think that, on its own, should be enough for me not to vote for him again,” Mr. Caamal said.Mr. Gascón beat back an early effort to recall him from office, which was supported by some prosecutors who work for him, after his opponents failed to secure enough signatures to force a new election. That allowed him to avoid the fate of his counterpart in San Francisco, Chesa Boudin, who was recalled last year amid an acrimonious debate in that city about property crimes and visible squalor in the streets.At a meeting of the San Fernando Valley Young Democrats, Mr. Gascón, right, talks with Walter García, a candidate for the California State Assembly,Jenna Schoenefeld for The New York TimesTo win another term, Mr. Gascón says he must hone his message to connect reforms with public safety by arguing, for instance, that second chances and more lenient sentences reduce recidivism and improve safety over the long haul.“You cannot really have sustainable public safety if you don’t address the inequities in the system,” he said. He added, “So it’s a much more nuanced campaign in the sense that we have to, even to get to the same place, we have to go through a process of explaining a lot more” the connection between reform and public safety.“I feel less safe since he’s been there,” said Karim Bailey, 42, a middle-school teacher in South Los Angeles whose classroom discussions often center on neighborhood crime and policing. He has had his car’s catalytic converter stolen twice.Mr. Bailey said he couldn’t recall which candidate he voted for in 2020 but that he would not be supporting Mr. Gascón this time.“A lot of the cases that I’ve seen that have involved him, it just seems like he puts the interest of the criminal over the interest of the general public,” he said.In 2020, Maria-Isabel Rutledge knocked on doors for Mr. Gascón’s campaign. She is supporting him again this time around, arguing that he needs more time to carry out reforms she believes are necessary to make the system fairer.Ms. Rutledge, 70, is a retired teacher’s assistant and lives in South Central Los Angeles, the epicenter of the uprising in 1992 after the acquittal of several police officers in the beating of Rodney King.“I know that, if he continues in the same trajectory, that he’s going, hopefully, to be able to make change,” she said of Mr. Gascón. “It’s difficult and challenging to reform the dated institutionally racist system,” she said. “The system of racism is very, very embedded in the United States, but we have to keep going in the right direction, we have to keep chipping at it a little bit at a time.” More

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      Trump Pushes Pro-Police Agenda, With a Big Exception: His Criminal Cases

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      Long a loud supporter of the police, Donald Trump is floating new protections for them. At the same time, he is raging against law enforcement officials who have brought felony charges against him.Former President Donald J. Trump has long spoken admiringly of police officers who use aggressive force on the job. For years, he has pointed to his unwavering support for local law enforcement, presenting himself as a “law and order” candidate who would help the police tackle violent crime.But now, as Mr. Trump campaigns again for the White House, he has added a new promise to his speeches on the trail: to “indemnify” police officers and protect them from the financial consequences of lawsuits accusing them of misconduct.“We are going to indemnify them, so they don’t lose their wife, their family, their pension and their job,” he said during a speech this month in New York.Legal experts say Mr. Trump’s proposal — which he first raised in an interview in October and has floated five times this month — would have little effect and would largely enforce the status quo. Police officers in most jurisdictions are already protected from being held financially responsible for potential wrongdoing. They also benefit from a legal doctrine that can shield officers accused of misconduct from lawsuits seeking damages.Since entering politics, Mr. Trump has often pledged his allegiance to the police as a way to attack Democrats, accusing them of being more concerned about progressive ideas than public safety. For decades, he has batted down calls for police reform, arguing that such changes hinder officers from using aggressive crime-fighting tactics.His promise to indemnify officers also reveals a contradiction at the heart of his current campaign. Even as he proclaims his steadfast support for rank-and-file officers, he has been raging against federal and state law enforcement officials who have led the four criminal cases against him, resulting in 91 felony charges.Two Capitol Police officers who were injured during the riot on Jan. 6, 2021, have sued him, accusing him of inciting violence, and Colorado’s Supreme Court ruled this week that there was enough evidence that he engaged in insurrection to disqualify him from holding office again.Those realities have not stopped Mr. Trump from courting the police, meeting with law enforcement groups on the trail and posing with officers who are part of his motorcade. He and his aides often post photos and videos of the interactions on social media.Supporters of Mr. Trump at an event in Edinburg, Texas, last month honoring service members who were working on the border over the Thanksgiving holiday.Meridith Kohut for The New York TimesDuring a speech on Sunday in Nevada, he proudly told the crowd that he “shook so many hands of policemen” before arriving. Later, when he promised to indemnify officers, he called them out: “All those policemen that were shaking my hand back there, you better be listening.”Mr. Trump frequently criticizes Democrats as too critical of law enforcement. He conjures up images of big cities as lawless and unsafe, laying the blame on liberal politicians whose calls for police reform, he says, have deterred officers from carrying out their duties. The police, he has argued in recent speeches, are being “destroyed by the radical left.”“They’re afraid to do anything,” Mr. Trump said recently. “They’re forced to avoid any conflict, they’re forced to let a lot of bad people do what they want to do, because they’re under a threat of losing their pension, losing their house, losing their families.”But legal scholars who have studied the issue say that police officers are already largely shielded from personal financial consequences when it comes to lawsuits brought against them.“The idea that officers need indemnification is frankly absurd,” said Alexander A. Reinert, a professor at the Benjamin N. Cardozo School of Law in New York. “Because they already have it.”Indemnification, in a legal context, refers to a process by which one party agrees to cover the liability of another party, essentially agreeing to pay for any wrongdoing by the second party.In the case of policing, many state and local governments have laws in which they agree to indemnify police officers for lawsuits. In other cases, police unions obtain indemnification agreements as part of their bargaining.Joanna Schwartz, a law professor at the University of California, Los Angeles, published a study in 2014 looking at lawsuits against the police in 81 jurisdictions over six years. She found that 99.98 percent of the money paid to plaintiffs in these cases came from local governments or their insurance companies — not from the officers themselves.“Officers virtually never pay anything in settlements or judgments entered against them,” Ms. Schwartz said in an interview.Mr. Trump, as is often the case, has been vague about the specifics of his plan, making it difficult to know whether such a move would be feasible, though experts say that enacting it might require legislation from Congress rather than an executive order.In Nevada on Sunday, Mr. Trump said the government would pay the police “for their costs, for their lawyers.” Earlier this year, he said he would protect states and cities from being sued, a remark that suggested a broad expansion of existing legal protections for police officers accused of violating constitutional rights.Under a legal doctrine known as qualified immunity, someone who accuses the police of using excessive force or discriminating against them must not only show that misconduct occurred, but also generally be able to cite a closely similar previous case in which officers were held responsible.Critics say that qualified immunity offers blanket protections that prevent officers from being held accountable. Policing groups say these protections are necessary to keep officers from being so worried about personal liability that they fail to do their jobs.Mr. Trump has long expressed staunch support for qualified immunity for police officers, particularly during his 2020 re-election bid, when the nation was racked with protests after the murder of George Floyd. Several major police unions endorsed him during that campaign.A rally for Mr. Trump in Latrobe, Pa., during his re-election bid in 2020, when protests over George Floyd’s murder made policing a front-and-center political issue. Anna Moneymaker for The New York TimesIn 1989, well before he entered the political arena, Mr. Trump bought advertising in New York claiming that concern over civil liberties had hampered the police and led to a rise in crime.In a newspaper ad, he wrote of being young and watching “two young bullies” harass a waitress in a diner. “Two cops rushed in, lifted up the thugs and threw them out the door, warning them never to cause trouble again,” he wrote. In 2017, when Mr. Trump was president, he urged the police not to be “too nice,” telling them not to protect the heads of people suspected of being gang members when putting them into squad cars. Law enforcement authorities across the country criticized those remarks.In 2020, as protests rocked Minneapolis, Mr. Trump called the demonstrators “thugs” on social media and wrote, “When the looting starts, the shooting starts.” The post was criticized for encouraging violence against protesters. Mr. Trump later said he meant to convey that looting generally led to violence, an interpretation that ignored the phrase’s racist history.As the protests spread across the country, he threatened to send the military to cities and states if he believed their leaders were failing to maintain order.This year, at a gathering of Republicans in California, Mr. Trump said he thought shoplifters should be shot on their way out of stores. “If you rob a store, you can fully expect to be shot as you are leaving that store,” he said, to which the crowd responded with uproarious applause.Then, after calling for the extrajudicial shootings of petty criminals, Mr. Trump returned to a familiar message.“You know, our law enforcement is great,” he said. “But they’re not allowed to do anything.”Kitty Bennett More

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      Supreme court rejects Chauvin’s appeal of George Floyd murder conviction

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      The US supreme court rejected on Monday a conviction appeal for the former Minneapolis police officer who murdered George Floyd.The decision affirms Derek Chauvin’s conviction for second-degree murder and sentence of more than 20 years in prison.In October, Chauvin’s legal defense requested the highest court in their nation take up their client’s case, arguing he was denied a fair trial in 2021 because of prejudice in the pretrial due to publicity.They also argued juror misconduct, alleging that it was in the jurors’ best interest to find Chauvin guilty to avoid threats of violence from the public.The supreme court did not provide comment on its decision to refuse Chauvin’s appeal.Floyd, who was Black, was killed by police on 25 May 2020, igniting global protests calling for his murderers to be brought to justice and an end to police brutality and racism worldwide.Chauvin, a white officer, pressed his knee on Floyd’s neck for nine and a half minutes outside the convenience store where Floyd was suspected of trying to use a counterfeit $20 bill.A video captured by a bystander showed Floyd’s final moments as he called out for his mother and said, “I can’t breathe,” which became a rallying cry for the Black Lives Matter movement.Three other former officers involved in Floyd’s murder – J Alexander Kueng, Tou Thao and Thomas Lane – received lesser state and federal sentences.Chauvin is separately appealing his conviction on federal civil rights charges. More