The week leading up to the traditional Thanksgiving holiday served up a mixed buffet to those who abhor racism, White supremacy and wanton vigilantism and who have cried out for justice against these scourges on society.
Rittenhouse Walks
First, on Friday, November 20, 2021, Kyle Rittenhouse, 18, was acquitted on all charges in the shooting deaths of Joseph Rosenbaum, 36 and Anthony Huber, 26, and the wounding of Gaige Grosskreutz, 27, in Kenosha, Wisconsin, on August 25, 2020, after Rittenhouse, who could not legally possess a firearm in Wisconsin, nonetheless crossed state lines from Illinois with a banned AR-15 semiautomatic rifle to “protect businesses” in Kenosha during protests against the police shooting of Jacob Blake earlier that year.
The verdict sent civil-rights and anti-police brutality activists reeling, and sent “a frightening message” according to Kathryn N. Cunningham, writing for the Taunton Daily Gazette (https://news.yahoo.com/opinion-rittenhouse-verdict-sends-frightening-094903058.html). Anthea Butler, writing as an opinion columnist for MSNBC (https://www.msnbc.com/opinion/kyle-rittenhouse-s-not-guilty-verdict-gives-protesters-new-threat-n1284416), Kyle Rittenhouse’s not guilty verdict gives protesters a new threat to worry about: Vigilantism, not protesting, is becoming the preferred form of dissent in America, Nov. 23, 2021, states the following, among several other points she makes in a longer article:
During the civil rights movement, protesters had to fear fire hoses, dogs and tear gas. Now, with the acquittal of Kyle Rittenhouse, not only will protesters continue to fear excessive police force, but because a Wisconsin jury found Rittenhouse not guilty in the killing of two protesters and the wounding of another, random gun-toting vigilantes with their idea of “law and order” also present another very present danger.
In this sobering moment for the American justice system, the Second Amendment has outweighed the First. Because of the unwillingness of politicians or the courts to deal with the proliferation of guns in America, despair, disdain and distrust continue to permeate our everyday lives. Vigilantism, not protesting, is the preferred form of dissent in America.
Rittenhouse’s acquittal is representative of the primacy of the Second Amendment. His killing of Joseph Rosenbaum and Anthony Huber at a racial justice march in Kenosha and then his being found not guilty send a clear message: White lives who protest for Black lives matter don’t matter. Bringing a gun to a protest is OK, especially if you feel threatened by the protesters’ message. And if you say you feared for your life as you killed someone, you will be exonerated — if you are siding with the police and not those protesting the police.
The Rittenhouse case can’t be separated from race and racism. After Rittenhouse pleaded not guilty, he posed for a photo with the far-right group the Proud Boys. White evangelicals were among those raising money for his bail and his legal defense. Those groups’ support makes it pointedly clear that Rittenhouse is a hero in those circles. For the gun-toting, God-fearing masses, Rittenhouse’s tears on the stand were proof of his innocence.
The case also highlights how differently people who claim self-defense are treated. Chrystul Kizer, accused when she was 17 of killing a man in Kenosha who she says trafficked her for sex, had to fight to a Wisconsin appellate court to even be allowed to use what amounts to a self-defense claim. Her case has been compared to that of Cyntoia Brown, who was a teenager in Tennessee when she killed the man she said was sex-trafficking her. Brown, who, like Kizer, is Black, was sentenced to life before the governor commuted the sentence. Those two cases are among the many that give the context to a tweet that went viral after Rittenhouse’s acquittal: “Women rotting in prison for killing their abusers would like a word.” …
Some may ask, as have some friends of mine: What does this case have to do with People of Afrikan Descent? This was a case of a White boy shooting three White men. My answer to this is not so much about the ethnicity of the victims (three White men) as that of the defendant (a 17-year-old White boy). The racist double-standard screams out to all of us. Black boys younger than Rittenhouse have seen the proverbial book thrown at them for less severe crimes. And when a gun is involved (or imagined to be involved), the price paid by even Black boys is often their lives, on the spot, by summary execution. Michael Brown is shot dead in the street and left there for hours in Ferguson, Missouri. Tamir Rice is gunned down while playing with a toy gun, alone, in a park by police officers who gave him no time to even acknowledge them. Philando Castille is shot in front of his fiancee and child in his own car for politely informing the officer that he was in possession of a legally licensed firearm in Minnesota. John Crawford III is killed for shopping in the gun aisle of an Ohio Wal-Mart. Jacob Blake is shot in the back after he retreated to his car; fortunately, he survived, but he is now paralyzed from the waist down. Breonna Taylor is killed in her bed during a questionable police raid of her apartment. Trayvon Martin is killed by an armed vigilante who stalked him with a gun for apparently “not belonging” in the neighborhood, armed with an apparently dangerous bag of Skittles. Korryn Gaines is shot in the back in Baltimore County while defending her home and child with a shotgun. And Kyle Rittenhouse travels across state lines to Kenisha, Wisconsin, armed with an illegal AR-15, to defend a community he doesn’t belong to, brazenly brandishing his proud weapon in the street as a form of intimidation against protesters and “looters”, and reacts with fear and violence when he is challenged by activists who see him as a threat. Add to this the likely impact of his acquittal and subsequent canonization as a hero by the likes of Donald Trump (welcomed him to Mar-A-Lago), Matt Gaetz (offered him a Congressional internship) and Marjorie Taylor-Greene (nominated him for the Congressional Gold Medal), and the right-wing nuts may soon be coming out of the woodwork to make the “Unite the Right” White riots in Charlottesville, Virginia in 2017 look like a re-enactment of Woodstock.
We will see exactly how the so-called “conservative” right-wing responds to this verdict in the weeks to come, especially in light of the second course that was served up the following week.
Ahmaud Arbery’s Killers are Convicted
Just when progressives and anti-racist activists were reaching for antacids over the Rittenhouse verdict, the trial for the February 23, 2020 murder of Ahmaud Arbery came to a close. Guilty verdicts for all three of the defendants.
The following information comes from a New York Times article by Patrick J. Lyons, written on November 5, 2021, Here are the charges that the defendants face (https://www.nytimes.com/2021/11/05/us/charges-arbery-killing-trial-defendants.html).
Travis McMichael, 35, was convicted on all nine counts as follows:
COUNT 1: Malice murder
This crime is defined in Georgia law as causing a person’s death with deliberate intention, without considerable provocation, and “where all the circumstances of the killing show an abandoned and malignant heart.” It is punishable by death, or by life imprisonment with or without possibility of parole.
COUNTS 2, 3, 4 AND 5: Felony murder
This charge applies when a death is caused in the course of committing another felony, “irrespective of malice” — in other words, whether or not the killing was intentional and unprovoked.
The other felonies in this case are listed in Counts 6 through 9 of the indictment; one count of felony murder is linked to each. If prosecutors prove beyond a reasonable doubt that the defendants committed one or more of those crimes and also caused Mr. Arbery’s death in the process, the basis would be laid for a conviction for felony murder.
Like malice murder, felony murder is punishable by death, or by life imprisonment with or without possibility of parole.
COUNT 6: Aggravated assault
One way Georgia law defines this crime is as an assault using a deadly weapon. This count charges the three men with attacking Mr. Arbery with a 12-gauge shotgun. It is punishable by imprisonment of one to 20 years.
COUNT 7: Aggravated assault
Another way Georgia law defines this crime is as an assault using “any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury.” This count charges the defendants with using two pickup trucks to assault Mr. Arbery. It is punishable by imprisonment of one to 20 years.
COUNT 8: False imprisonment
This charge applies when a person without legal authority “arrests, confines, or detains” another person “in violation of the personal liberty” of that person. Specifically, the defendants are charged with using their pickup trucks to chase, confine and detain Mr. Arbery “without legal authority.”
False imprisonment is punishable by one to 10 years in prison.
COUNT 9: Criminal attempt to commit a felony
Georgia law defines criminal attempt as performing “any act which constitutes a substantial step” toward the intentional commission of a crime — in this case, the false imprisonment charged in Count 8. A defendant can be convicted either of completing a particular crime or of attempting it, but not both.
Because false imprisonment is a felony, attempting it is also a felony, punishable by half the attempted crime’s maximum sentence: in this case, one to five years in prison.
His father, Gregory McMichael, 65, an ex-police officer whose license to carry a police firearm had been suspended, was convicted on all but Count 1, the Malice Murder charge.
And William “Roddie” Bryan, 52, who would later insist that he wished he had never been at the scene and participated in the murder, was convicted on three of the four Felony Murder counts, Aggravated Assault with a pickup truck (Count 7), False Imprisonment (Count 8) and Criminal Intent to Commit a Felony (Count 9).
Bryan’s “non-confession” (He, like the McMichaels, had pleaded not guilty to the crimes even though he claimed that he was cooperating with the authorities) seems to come closest to the efforts Rittenhouse had made to curry favor and sympathy with his jury by breaking down on the witness stand. In fact, while the defense attorneys did what they could to try to “dirty up” Mr. Arbery by intimating that he may have stolen items from a truck, may have stolen items from the house that he visited while it was under construction, and even posed a threat to them by briefly struggling with Travis McMichael as McMichael threatened him with his rifle, the one thing these defendants apparently did not do in their trial that Rittenhouse did in his was break down in tears on the stand. Apparently, they had not read enough of the accounts of the numerous police murder trials, such as the February 2000 Amadou Diallo trial, in which plainclothes New York police officers Sean Carroll, Richard Murphy, Edward McMellon, and Kenneth Boss claimed they thought his wallet was a gun and they “feared for their lives”, or the July 13, 2013 trial of George Zimmerman, in which he somehow convinced a jury that it was Trayvon Martin, not Zimmerman, who was the stalker and the threat to life. It would seem that their need to maintain their veneer of Righteous White Macho prevented them from displaying the emotion, contrived or not, that Rittenhouse did. Perhaps we are all fortunate that their pride prevented them from using the one tactic that seems to have saved Kyle Rittenhouse and a whole legion of police officers and police wannabes from meeting justice.