• 12Nov

    Shooting a Crawling, Dying, Unarmed Man in the Head Equals Legal?

    Paul Boyd:  Shot by Canadian police while on his hands and knees crawling.

    Paul Boyd: Shot by Canadian police while on his hands and knees crawling.

    Two years after the shooting death of Paul Boyd in the middle of Granville Street in Vancouver and the public finally has a decision about criminal charges against involved officers from the Criminal Justice Branch of B.C..

    No charges, no trial, file closed.

    This predictable outcome places the epic investigation of Mr. Boyd’s death from eight distinct bullet wounds directly in line with every police involved death ever in the history of British Columbia.

    No criminal charges. Ever. Files closed.

    Put out of your mind the following facts and you may have a chance of reaching the same conclusion as the CJB that the death of Mr. Boyd should not be put before a trial judge because there is no reasonable prospect of conviction for the involved officer. Note that these facts all come from the CJB summary of the incident provided to the media, not from the secret documents and reports that underlie the decision, many of which we may never see.

    • Only one police officer, of the many who were on the scene during the incident, discharged a weapon against Mr. Boyd, and some of the involved officers apparently didn’t even deem Mr. Boyd to be a sufficient threat to require unholstering their guns;

    • Police and civilian witnesses described the shooting officer as discharging at least four, but possibly five bullets into Mr. Boyd after Mr. Boyd was completely disarmed of his “bicycle chain” and after a fellow officer had yelled at involved officers to “hold their fire;”

    • Police and civilian witnesses agree that the eighth and final bullet that hit Mr. Boyd hit him in the head while he was on hands and knees in the middle of the road;

    • The shooting officer, whose version of events was given more than considerable weight by the CJB, gave a statement in which that officer said there were only four bullets fired (actual number: nine) and in which the officer said he or she believed Mr. Boyd was wearing body armour (he wasn’t) and standing almost fully upright when he or she shot Mr. Boyd in the head (not true).

    Turn your mind away from all of these distracting facts and surely you’ll find yourself in the same position of the Criminal Justice Branch in finding that there was insufficient evidence to justify taking this police officer to trial. By ignoring these facts, you’ll see the obvious, that there is no reasonable prospect of conviction.

    Don’t feel badly if you disagree with the CJB on first glance, as their conclusion took them two years of study and the advice of many experts to reach. A member of the public, overreacting to the notion of an unarmed man being gunned down on his hands and knees in the middle of the road at Granville and Broadway does not have the training or the education to be able to see through these confusing facts to the truth that such force is reasonable and not criminal.

    To achieve the zen of the CJB about such facts, one must, as a CJB spokesman advised the media, “not focus narrowly on any particular portion of the evidence.”

    Good advice, that.

    http://www.vancouverobserver.com/politics/commentary/2009/11/10/shooting-crawling-dying-unarmed-man-head-equals-legal

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  • 07Jul

    “I think everyone should be allowed to walk down the street with their head held up and proud of who they are. Everybody.”

    Malcolm-Che salutes Jay Phillips!!!

    B.C. hate crime attack posted on YouTube

    ``Once they figured out they had met someone who was not afraid they didn't know what to do. They were like little hyenas trying to dart in and out to engage the lion, but they wouldn't engage me one on one.''

    ``Once they figured out they had met someone who was not afraid they didn't know what to do. They were like little hyenas trying to dart in and out to engage the lion, but they wouldn't engage me one on one.''

    http://www.cbc.ca/canada/british-columbia/story/2009/07/06/bc-courtenay-hate-crime-arrest.html

    One man has been arrested and more arrests are expected, RCMP say, following a vicious assault in Courtenay, B.C., that police believe was racially motivated.

    Jay Phillips was attacked Friday in the parking lot of a fast-food restaurant by three young men. A video of the incident posted on YouTube shows Phillips, 38, fighting back as he’s surrounded by the trio. It’s not known who shot the video or posted it on the website.

    Phillips, who is black, said the attack was unprovoked.

    He said a truckload of men drove by and started shouting racial epithets. “We’re going to kill you, we’re going to lynch you — really vile stuff.”

    Phillips said the three men, who appear to be in their early 20s, circled back and confronted him.

    The men “got out of the truck, surrounded me, still calling me names, threatening me, threatening my family, saying this is our white town and you’re not allowed here — stuff like that.

    “Then they all came at me and surrounded me.”

    In a news release issued Monday, police said they are reviewing video evidence and questioning witnesses, but preliminary investigation indicates there may have been a racial element in the incident.

    Phillips, who said he’s the target of racism on almost a daily basis, said he felt compelled to report this incident to police.

    “There’s a lot of young kids of different races in this town and they may not have been as fortunate as me and I’d like to take care of these kids,” he said.

    “I think everyone should be allowed to walk down the street with their head held up and proud of who they are. Everybody.”

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  • 04Jun

    When prisoners have a labor issue they are truly at the mercy of the corrections officers and the state.  Workers that are ‘free’ can certainly relate to many of the tactics used against inmates but there things that bosses on the outside can’t do.  In this instance the inmates don’t want to have to work more hours and not get anything in return…  and their punishment for this insolence is to go on 23-hr lockdown.

    “We say this is instigating cruel, unusual, degrading and inhumane treatment.”  Damn right it is!!!

    Inmates go to court over toilet rights

    http://www.theglobeandmail.com/news/national/inmates-go-to-court-over-toilet-rights/article1167759/

    Prisoners at the Matsqui Institution in the Fraser Valley are going to court in an attempt to overturn a lockdown their lawyer says has forced some to use waste baskets and plastic bags in their cells as toilets because of a lack of timely access to washroom facilities.

    Lawyer John Conroy, retained by the inmate committee at the medium-security facility about 70 kilometres east of Vancouver, said he has secured a hearing in B.C. Supreme Court next Monday to end a lockdown that was imposed on May 11.

    The lockdown means the prisoners are in their cells 23 hours a day.

    It was imposed after about 220 inmates at the 43-year-old institution stopped performing such duties as kitchen work to protest against changes that would have required more labour without more visits and yard time, he said.

    But prisoners in three of the four wings do not have toilets in their cells, so, during the lockdown, must request access to communal washrooms from prison staff, Mr. Conroy said.

    As a result, they are not being able to get to toilets as needed, he said.

    “What they have been doing is going to the bathroom in their cells,” he said, noting that some are holding onto the raw sewage until they have their daily release, while others are throwing it out through open windows.

    “We say this is instigating cruel, unusual, degrading and inhumane treatment,” he said, noting that it violates sections of the Corrections and Conditional Release Act on cruel and unusual punishment.

    “We say there are remedies available to the institution and administration in the event of a work stoppage that don’t include locking people down and trying to coerce them to go back to work by using their toilet access as a way to coerce them,” he said.

    Mr. Conroy said that he expects some members of the public will have little sympathy for his clients, but that standards for the treatment of inmates have to be respected.

    “They’re not asking for a five-star hotel accommodations. They’re locked in cells without toilets,” he said, noting that they also lack washing options.

    He said his clients are concerned, but not inclined to violence.

    “It’s a popular myth that prisoners like to riot. It’s just nonsense,” he said. “They know what can happen during riots; how the lunatic fringe can take advantage of the cover of a riot. It’s not in their interests to riot. They want to try and resolve the whole thing peacefully and it’s the administration that’s escalating the situation by locking people down and trying to put them in a situation where some people might lose it.”

    A spokesman for Correctional Service Canada, speaking on background, declined to give detailed comment on the situation because, he said, the matter is before the courts.

    He would not talk about any aspect of the toilet-access issue, but acknowledged that inmates stopped working and so prison officials enacted what he called a “modified routine” that curbs privileges.

    “Having less freedom has resulted in a number of things. That’s what is [being] brought in court,” he said.

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