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Officer Who Shot Man Had Prior Excessive Force Complaint

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Anthony Scott holds a photo of himself, center, and his brothers Walter Scott, left, and Rodney Scott, right, as he talks about his brother at his home near North Charleston, S.C., Wednesday, April 8, 2015. Walter Scott was killed by a North Charleston police officer after a traffic stop on Saturday. The officer, Michael Thomas Slager,  has been charged with murder. (AP Photo/Chuck Burton)

Anthony Scott holds a photo of himself, center, and his brothers Walter Scott, left, and Rodney Scott, right, as he talks about his brother at his home near North Charleston, S.C., Wednesday, April 8, 2015. Walter Scott was killed by a North Charleston police officer after a traffic stop on Saturday. The officer, Michael Thomas Slager, has been charged with murder. (AP Photo/Chuck Burton)

MITCH WEISS, Associated Press
MICHAEL BIESECKER, Associated Press

NORTH CHARLESTON, S.C. (AP) — The white South Carolina police officer charged with murder for shooting an unarmed black man in the back was allowed to stay on the force despite a 2013 complaint that he used excessive force against another unarmed black man.

In an exclusive interview with The Associated Press, Mario Givens recounted Wednesday how he was awakened before dawn one morning by loud banging on the front door of his family’s North Charleston home.

On the porch was Patrolman Michael Thomas Slager, the officer now charged in the shooting death of Walter Lamer Scott, which was captured in dramatic cellphone footage by a bystander Saturday.

Givens, who was clad only in a T-shirt and boxer shorts, cracked open his door and asked what the officer wanted.

“He said he wanted to come in but didn’t say why,” said Givens, now 33. “He never said who he was looking for.”

Then, without warning, Slager pushed in the door, he said.

“Come outside or I’ll tase you,” he quoted the officer as saying, adding: “I didn’t want that to happen to me, so I raised my arms over my head, and when I did, he tased me in my stomach anyway.”

Givens said the pain from the stun gun was so intense that he dropped to the floor and began calling for his mother, who also was in the home. At that point, he said another police officer came into the house and they dragged him outside and threw him to the ground. He was handcuffed and put in a squad car.

Though initially accused of resisting the officers, Givens was later released without charge.

Asked about the 2013 incident on Wednesday, North Charleston police spokesman Spencer Pryor said the department plans to review the case to see whether its decision to exonerate Slager was correct. Pryor said he had no timetable for the review.

Givens’ relatives remember the encounter vividly.

“It was very devastating,” said Bessie Givens, 57, who was awaked by her son’s piercing screams. “You watch your son like that, he’s so vulnerable. You don’t know what’s going to happen. I was so scared.”

It turned out that Givens’ arrest was a case of mistaken identity. Officers had been looking for his brother, Matthew Givens, whose ex-girlfriend had reported that he came into her bedroom uninvited, then left when she screamed and called 911.

The woman, Maleah Kiara Brown, told The AP on Wednesday that she and a friend had gone to the Givens home with the officers and were sitting outside when Slager knocked on the door. The second officer had gone around to the back of the house.

She had provided the officers with a detailed description of her ex-boyfriend, Matthew Givens, who is about 5 feet, 5 inches tall. Mario Givens stands well over 6 feet.

“He looked nothing like the description I gave the officers,” Brown said. “He asked the officer why he was at the house. He did it nicely. The police officer said he wanted him to step outside. Then he asked, ‘Why, why do you want me to step outside?’ Then the officer barged inside and grabbed him.”

Moments later, she saw the police officers drag Mario Givens out of the house and throw him in the dirt. Brown said she kept yelling to the officers that they had the wrong man, but they wouldn’t listen. Though Givens was offering no resistance, she said, she saw Slager use the stun gun on him again.

“He was screaming, in pain,” she said. “He said, ‘You tased me. You tased me. Why?’ It was awful. Terrible. I asked the officer why he tased him and he told me to get back.”

“He was cocky,” she said of Slager. “It looked like he wanted to hurt him. There was no need to tase him. No reason. He was no threat — and we told him he had the wrong man.”

She said she later told a female police supervisor what she had seen.

The next day, an angry Mario Givens went downtown to police headquarters and filed a formal complaint. He and his mother say several neighbors who witnessed what happened on the family’s front lawn also contacted the police, though they say officers refused to take their statements.

The incident report filed by Slager and the other officer, Maurice Huggins, provides a very different version of events. In the report, obtained by The AP through a public-records request, Slager wrote that he could not see one of Givens’ hands and feared he might be holding a weapon. He wrote that he observed sweat on Givens’ shirt, which he perceived as evidence that he could have run from Brown’s home, and then ordered him to exit several times.

When Givens didn’t comply, Slager said he entered the home to prevent him from fleeing and was then forced to use his stun gun when Givens struggled with him. The officers’ report describes the Givens brothers as looking “just alike.”

After Mario Givens filed his complaint, the department opened an internal investigation. A brief report in Slager’s personnel file says a senior officer was assigned to investigate. After a couple of weeks, the case was closed with a notation that Slager was “exonerated.”

Brown is listed as a witness in the investigative report, but her purported statement included none of the details she said she provided about Slager shocking Givens while he was on the ground. She said she was never contacted as part of the police investigation and had not spoken with anyone about that night until she was contacted by an AP reporter Wednesday.

The report includes statements from Givens and from another woman who was there that night, Yolonda Whitaker, who said she saw Slager stun Givens “for no reason.” Efforts to reach Whitaker by phone and the addresses listed for her in the police report were unsuccessful.

Givens said he was never contacted as part of the internal investigation and learned the case had been closed only after he went to the station about six weeks later and asked what happened.

“They never told me how they reached the conclusion. Never. They never contacted anyone from that night. No one from the neighborhood,” Givens said.

Givens shook his head Wednesday when asked about his reaction to learning Slager had been charged with murder. Slager is being held without bail.

“It could have been prevented,” Givens said of Scott’s death. “If they had just listened to me and investigated what happened that night, this man might be alive today.”

___

Biesecker reported from Raleigh, North Carolina. Associated Press writer Jeffery Collins in North Charleston, South Carolina, contributed to this report.

___

Follow Biesecker at http://Twitter.com/mbieseck

Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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COMMENTARY: The National Protest Must Be Accompanied with Our Votes

Just as Trump is gathering election data like having the FBI take all the election data in Georgia from the 2020 election, so must we organize in preparation for the coming primary season to have the right people on ballots in each Republican district, so that we can regain control of the House of Representatives and by doing so, restore the separation of powers and balance that our democracy is being deprived of.

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Dr. John E. Warren Publisher, San Diego Voice & Viewpoint
Dr. John E. Warren, Publisher San Diego Voice & Viewpoint Newspaper. File photo..

By  Dr. John E. Warren, Publisher San Diego Voice & Viewpoint Newspaper

As thousands of Americans march every week in cities across this great nation, it must be remembered that the protest without the vote is of no concern to Donald Trump and his administration.

In every city, there is a personal connection to the U.S. Congress. In too many cases, the member of Congress representing the people of that city and the congressional district in which it sits, is a Republican. It is the Republicans who are giving silent support to the destructive actions of those persons like the U.S. Attorney General, the Director of Homeland Security, and the National Intelligence Director, who are carrying out the revenge campaign of the President rather than upholding the oath of office each of them took “to Defend The Constitution of the United States.”

Just as Trump is gathering election data like having the FBI take all the election data in Georgia from the 2020 election, so must we organize in preparation for the coming primary season to have the right people on ballots in each Republican district, so that we can regain control of the House of Representatives and by doing so, restore the separation of powers and balance that our democracy is being deprived of.

In California, the primary comes in June 2026. The congressional races must be a priority just as much as the local election of people has been so important in keeping ICE from acquiring facilities to build more prisons around the country.

“We the People” are winning this battle, even though it might not look like it. Each of us must get involved now, right where we are.

In this Black History month, it is important to remember that all we have accomplished in this nation has been “in spite of” and not “because of.” Frederick Douglas said, “Power concedes nothing without a struggle.”

Today, the struggle is to maintain our very institutions and history. Our strength in this struggle rests in our “collectiveness.” Our newspapers and journalists are at the greatest risk. We must not personally add to the attack by ignoring those who have been our very foundation, our Black press.

Are you spending your dollars this Black History Month with those who salute and honor contributions by supporting those who tell our stories? Remember that silence is the same as consent and support for the opposition. Where do you stand and where will your dollars go?

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Activism

Congresswoman Simon Votes Against Department of Homeland Security, ICE Funding

“They need accountability. Republicans already gave these agencies an unprecedented $170 billion for immigration enforcement, funding they have used to conduct raids at schools, separate families, and deploy a masked paramilitary who refuse to identify themselves on American streets. This bill gives them more funding without a single reform to stop unconstitutional, immoral abuses,” she said.

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Congresswoman Lateefah Simon (D-CA-12). File photo.
Congresswoman Lateefah Simon (D-CA-12). File photo.

By Post Staff

Congresswoman Lateefah Simon (D-CA-12) released a statement after voting against legislation to fund the Department of Homeland Security (DHS), which supports Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CPB).

“Today, I voted NO on legislation to fund the Department of Homeland Security through Feb. 13, 2026.

“ICE and CBP do not need more funding to terrorize communities or kill more people,” she said in the media release.

They need accountability. Republicans already gave these agencies an unprecedented $170 billion for immigration enforcement, funding they have used to conduct raids at schools, separate families, and deploy a masked paramilitary who refuse to identify themselves on American streets. This bill gives them more funding without a single reform to stop unconstitutional, immoral abuses,” she said.

“The American people are demanding change. Poll after poll of Americans’ opinions show overwhelming support for requiring ICE agents to wear body cameras and prohibiting them from hiding their faces during enforcement actions. This is the bare minimum transparency standard, and this funding legislation does not even meet this low bar,” Simon said.

“Republicans in Congress are not serious about reining in these lawless agencies. Their refusal to make meaningful changes to the DHS funding bill has consequences that go beyond immigration enforcement. TSA agents who keep our airports safe and FEMA workers who help our communities recover from disasters are stuck in limbo due to Republican inaction.

“The Constitution does not have an exception for immigrants. Every person on American soil has rights, and federal agencies must respect them. The East Bay has made clear at the Alameda County and city level that we will hold the line against a violent ICE force and support our immigrant communities – I will continue to hold the line and our values with my votes in Congress.”

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Activism

Post Newspaper Invites NNPA to Join Nationwide Probate Reform Initiative

The Post’s Probate Reform Group meets the first Thursday of every month via Zoom and invites the public to attend.  The Post is making the initiative national and will submit information from its monthly meeting to the NNPA to educate, advocate, and inform its readers.

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iStock.
iStock.

By Tanya Dennis

The National Newspaper Publishers Association (NNPA) represents the Black press with over 200 newspapers nationwide.

Last night the Post announced that it is actively recruiting the Black press to inform the public that there is a probate “five-alarm fire” occurring in Black communities and invited every Black newspaper starting from the Birmingham Times in Alabama to the Milwaukee Times Weekly in Wisconsin, to join the Post in our “Year of Action” for probate reform.

The Post’s Probate Reform Group meets the first Thursday of every month via Zoom and invites the public to attend.  The Post is making the initiative national and will submit information from its monthly meeting to the NNPA to educate, advocate, and inform its readers.

Reporter Tanya Dennis says, “The adage that ‘When America catches a cold, Black folks catch the flu” is too true in practice; that’s why we’re engaging the Black Press to not only warn, but educate the Black community regarding the criminal actions we see in probate court: Thousands are losing generational wealth to strangers. It’s a travesty that happens daily.”

Venus Gist, a co-host of the reform group, states, “ Unfortunately, people are their own worst enemy when it comes to speaking with loved ones regarding their demise. It’s an uncomfortable subject that most avoid, but they do so at their peril. The courts rely on dissention between family members, so I encourage not only a will and trust [be created] but also videotape the reading of your documents so you can show you’re of sound mind.”

In better times, drafting a will was enough; then a trust was an added requirement to ‘iron-clad’ documents and to assure easy transference of wealth.

No longer.

As the courts became underfunded in the last 20 years, predatory behavior emerged to the extent that criminality is now occurring at alarming rates with no oversight, with courts isolating the conserved, and, I’ve  heard, many times killing conservatees for profit. Plundering the assets of estates until beneficiaries are penniless is also common.”

Post Newspaper Publisher Paul Cobb says, “The simple solution is to avoid probate at all costs.  If beneficiaries can’t agree, hire a private mediator and attorney to work things out.  The moment you walk into court, you are vulnerable to the whims of the court.  Your will and trust mean nothing.”

Zakiya Jendayi, a co-host of the Probate Reform Group and a victim herself, says, “In my case, the will and trust were clear that I am the beneficiary of the estate, but the opposing attorney said I used undue influence to make myself beneficiary. He said that without proof, and the judge upheld the attorney’s baseless assertion.  In court, the will and trust is easily discounted.”

The Black press reaches out to 47 million Black Americans with one voice.  The power of the press has never been so important as it is now in this national movement to save Black generational wealth from predatory attorneys, guardians and judges.

The next probate reform meeting is on March 5, from 7 – 9 p.m. PST.  Zoom Details:
Meeting ID: 825 0367 1750
Passcode: 475480

All are welcome.

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