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Killing of Alton Sterling

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This is an old revision of this page, as edited by Theyoyomaster (talk | contribs) at 14:38, 7 July 2016 (Undid edit that deliberately posts unrelated information for the purpose of confusion. The gun was not being openly carried and the law referenced has no applicability to the situation.). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

Killing of Alton Sterling
Alton Sterling just before being shot
DateJuly 5, 2016 (2016-07-05)
Time12:35 a.m.
Location2112 North Foster Drive, Baton Rouge, Louisiana, United States
TypeShooting
Filmed byBystander's cell phone camera
ParticipantsHowie Lake II, Blane Salamoni (officers)
DeathsAlton Sterling

The shooting of Alton Sterling occurred on July 5, 2016, in Baton Rouge, Louisiana. Sterling, a 37-year-old man, was shot several times while on his back after being taken to the ground by two Baton Rouge police officers. Police were responding to a report that Sterling used a gun to threaten a person while Sterling was selling CDs outside a convenience store. The shooting was recorded by multiple bystanders. The videos show the confrontation and shooting at point-blank range.

The shooting led to protests in Baton Rouge[1] and a civil rights investigation by the justice department.[2]

Background

File:Alton Sterling 2.png
Alton Sterling

Alton Sterling was known locally in Baton Rouge as "CD Man".[3] He had a criminal record including charges from 2009 of carrying a firearm and possession of marijuana, to which he plead guilty two years later.[3] He had plead guilty to prior charges before this,[3] and according to the BBC, had "a long criminal record" that included violent offences.[4]

He had been residing at a shelter for several months prior to his death. At the time of his death, Sterling was 37 years old[3] and had five children.[4][5]

The police officers involved in the shooting were Howie Lake II and Blane Salamoni. Lake had three years of law enforcement experience which involves a previous shooting of an African-American male for which he was placed on leave, and Salamoni had four years of experience.[6]

The gun laws in Louisiana were mentioned in many early news reports. Louisiana is an "open carry" state meaning that anyone who is legally allowed to possess a gun may carry it openly in public without a permit; despite its inclusion in the reports it is not relevant to the circumstances of the shooting since Mr. Sterling was not open carrying at the time of the confrontation[7][8]. The referenced laws do not apply in this case for several reasons. Mr. Sterling was a convicted felon[9] which means that the open carry statute did not allow him to legally carry a gun. Additionally in order for open carry to apply, the weapon must not be concealed whereas the weapon Mr. Sterling had was located in his pocket[10]. In order for concealed carry to apply he would have needed to possess a permit which is not issued to prohibited persons. Finally, when carrying a gun in Louisiana individuals are required to notify law enforcement officers on initial contact that they are in possession of a firearm. Mr. Sterling did not notify the responding officers meaning that even if he had been carrying legally, he was now doing so illegally. As a result of these conditions, none of Louisiana's laws regarding the carrying of guns are applicable to this case[11].

According to gun rights activist David Kopel, citing US Supreme Court decisions in Tennessee v. Garner and Graham v. Connor, the legal use of police force has little to do with whether a firearm is legal, but rather whether it poses an imminent threat.[12]

Shooting

At 12:35 a.m., at 2112 North Foster Drive, in the parking lot of Triple S Food Mart, Sterling was detained by Baton Rouge Police Department officers after an anonymous caller reported that a man believed to be Sterling was threatening him and waving or brandishing a handgun while in the process of selling CDs. One officer grabbed Sterling, who was of heavy build, and tackled him to the hood of a silver sedan and then to the ground. Sterling was pinned to the ground, while one officer kneeled on him and pulled Sterling's left arm. The officers shouted "Get on the ground", "He's got a gun!" twice, and then "If you fucking move, I swear to God!" One officer was heard on the video saying, "Lake, He's going for the gun!" One officer aimed his gun at Sterling's body and then fired four or five shots; one gunshot was shown fired on the bystander's cell phone camera, and the camera was then moved under the car window when the last three or four shots were fired. There was a brief pause between the first and second firing of shots.[13][14] A firearm was recovered from Sterling's pocket.[1]

According to Abdullah Muflahi, the owner of Triple S Food Mart, Sterling was not holding a gun or touching his pockets before he was shot. A second video made available by Muflahi surfaced the day after the shooting. In the video it was not clear if Sterling had his hand on the gun when he was shot.[15][16] He also said Sterling was tasered before he was shot.[1][15]

East Baton Rouge Parish Coroner William Clark said the initial results of an autopsy performed on show of July 5 Sterling died due to a homicide and suffered multiple gunshot wounds to the chest and back.[1]

Aftermath

On the night of July 5, over 100 demonstrators in Baton Rouge shouted "no justice, no peace", set off fireworks, and blocked an intersection to protest Sterling's death.[14] Flowers and messages were left at the place of his death. The police cleared a crowd of about 200 people, but the organizers announced that they would regroup in front of City Hall.[17]

Investigation

Louisiana U.S. Representative Cedric Richmond said that the footage of Sterling's shooting is "deeply troubling" and called for a U.S. Department of Justice investigation into the man's death.[18] Governor John Bel Edwards announced on July 6 that the Department of Justice would launch an investigation.[19][20] A civil rights investigation was opened by the justice department on July 7.[21]

See also

References

  1. ^ a b c d Lau, Maya; Stole, Bryn (July 6, 2016). "'He's got a gun! Gun': Video shows fatal confrontation between Alton Sterling, Baton Rouge police officer". The Advocate. Retrieved July 6, 2016.
  2. ^ Alton Sterling Shooting in Baton Rouge Prompts Justice Dept. Investigation
  3. ^ a b c d Joshua Berlinger; Catherine E. Shoichet; Steve Almasy (July 7, 2016). "Alton Sterling shooting: Piecing together what happened before the videos". CNN. Retrieved July 7, 2016.
  4. ^ a b "Philando Castile and Alton Sterling - latest US police shooting black victims". BBC World. July 7, 2016. Retrieved July 7, 2016.
  5. ^ Silverstein, Jason (July 6, 2016). "Who was Alton Sterling? What we know so far about the man killed by Baton Rouge police". New York Daily News. Retrieved July 6, 2016.
  6. ^ Murdock, Sebastian (July 6, 2016). "Howie Lake II, Blane Salamoni Identified As Officers Involved In Fatal Shooting Of Alton Sterling". The Huffington Post. Retrieved July 6, 2016.
  7. ^ http://www.esquire.com/news-politics/politics/news/a46477/alton-sterling-police-shooting/
  8. ^ http://finance.yahoo.com/news/open-carry-laws-didnt-stop-150002221.html
  9. ^ http://www.nbcnews.com/news/us-news/alton-sterling-louisiana-man-killed-cops-mourned-family-n604781
  10. ^ http://theadvocate.com/news/16311988-77/report-one-baton-rouge-police-officer-involved-in-fatal-shooting-of-suspect-on-north-foster-drive
  11. ^ http://www.handgunlaw.us/states/louisiana.pdf
  12. ^ "An open carry law didn't stop police from killing Alton Sterling". Retrieved July 7, 2016.
  13. ^ "Alton Sterling shot dead by police in Baton Rouge". BNO News. July 5, 2016. Retrieved July 6, 2016.
  14. ^ a b Brennan, Christopher (July 5, 2016). "Alton Sterling shot, killed by Louisiana cops during struggle after he was selling music outside Baton Rouge store". New York Daily News. Retrieved July 5, 2016.
  15. ^ a b Johnson, Alex; Gutierrez, Gabe (July 6, 2016). "Baton Rouge Store Owner Says His Video Shows Cops 'Murdered' Alton Sterling". NBC News. Retrieved July 6, 2016.
  16. ^ Miller, Justin (July 6, 2016). "New Video Emerges of Alton Sterling Being Killed by Baton Rouge Police". Daily Beast. Retrieved July 6, 2016.
  17. ^ "US protests after police shooting of black man in Louisiana". BBC News. July 6, 2016. Retrieved July 6, 2016.
  18. ^ Craven, Julia (July 6, 2016). "Graphic Video Shows Baton Rouge Police Shooting Alton Sterling". The Huffington Post. Retrieved July 6, 2016.
  19. ^ Kaleem, Jaweed; Hennessy-Fiske, Molly (July 6, 2016). "Department of Justice to investigate Alton Sterling's killing by police in Louisiana". Los Angeles Times. Retrieved July 6, 2016.
  20. ^ "East Baton Rouge DA: 'Officers feel they were completely justified' in shooting of Alton Sterling". The Advocate. July 6, 2016. Retrieved July 6, 2016.
  21. ^ Alton Sterling Shooting in Baton Rouge Prompts Justice Dept. Investigation
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