Plan B Forum

Budish says sheriff's deputies will keep streets safe in wake of Brelo verdict

CLEVELAND, Ohio -- Cuyahoga County Executive Armond Budish announced sheriff's deputies will join police to keep streets safe following the verdict in Cleveland police officer Michael Brelo's trial.

Brelo, 31, was found not guilty Saturday of two counts of voluntary manslaughter in the deaths of Timothy Russell and Malissa Williams following a Nov. 29, 2012 police chase and shooting.

Judge John P. O'Donnell announced the verdict in Cuyahoga County Common Pleas Court.

At the end of the trial, O'Donnell said he was aware of unrest related to police use of force in other cities, including Baltimore. Mayor Frank Jackson said during a community meeting that the city is tapping residents, activists and even protesters to help make sure demonstrations don't become violent.

"I firmly believe that the First Amendment gives every citizen a rightful path to speak out and protest against that which they do not like. However, the path to free speech ends at the door to violence.

"For these reasons, I have instructed the Cuyahoga County Sheriff's Department to join with other law enforcement officers to protect the rights of our citizens to peaceful protest. At the same time, we are prepared to enforce the law to protect the lives and property of law abiding citizens to assure all of our residents are safe and secure.

"I have been in touch with Mayor Jackson and Governor Kasich, and we stand together on these principles.

"I pray that our citizens will follow the words and non-violent actions of the late Dr. Martin Luther King, Jr.: "We must forever consider our struggle on the high plane of dignity and discipline. We must not allow our creative protest to degenerate into physical violence."

Brelo, a seven-year veteran, is the first of six Cleveland officers to be prosecuted in the 2012 fatal shooting of Russell and Williams. Five police supervisors — none of whom fired shots — also each face misdemeanor counts for “dereliction of duty.” No trial date has been set.

When Russell’s Chevy Malibu finally came to a stop in East Cleveland, 13 officers opened fire, shooting at least 137 rounds into the vehicle. Brelo, prosecutors said, was the only one who continued to shoot after the threat was over. He climbed onto the hood of the Malibu and shot 15 rounds into the windshield, striking Russell, who was driving, and Williams, who was in the passenger seat.

The fatal shooting in 2012 of Russell and Williams in East Cleveland was the outcome of a chain of events that began shortly before 10:30 p.m. when an officer in an unmarked car activated his windshield strobe lights and attempted to stop the 1979 Chevy Malibu for a turn-signal violation. The blue Malibu, driven by Russell, stopped but drove off as the officer got out of his car.

About five minutes later, the Malibu that Russell was driving backfired as it drove past police headquarters. Officers mistook the sound for gunfire and began to pursue it. A forensic mechanic testified in court that a hole in the muffler indicated the car had a history of backfiring.

“Old Chevy, on St. Clair just popped a round,” one officer radioed at 10:33 p.m. according to a transcript of radio traffic later introduced as evidence at trial. The radio transmission set off what became a 20-mile chase involving more than one-third of the 276 officers on duty with the Cleveland Police Department that night, according to prosecutors.

During the chase, some officers reported that someone was shooting at them from the window of the Malibu. At least one officer reported that was not the case and at 10:47 p.m. radioed: “Passenger just put his hands out asking us to stop. He does not have a gun. He has black gloves on,” the officer said, according to the transcript.

“There’s a red pop can in his hand.”

That didn’t stop the pursuit. Seconds later, the Malibu dead-ended into a middle school parking lot and was rammed by an officer’s car. The car spun to a halt as officers began to open fire.[So they immediately began opening fire without giving the two in the car any opportunity to surrender?]

Brelo fired his Glock 17 from the driver’s seat of his car, reloaded and emptied a second 17-round magazine, according to the investigation. He exited his patrol car, according to testimony, to get to a safer position behind another squad car, according to court documents.

A state investigator who interviewed Brelo following the incident testified that Brelo said that he drew on his Marine training to “go to an elevated position and push through the target.”

Brelo stepped onto the hood of the Malibu, where he fired 15 shots into the windshield, prosecutors said.

Brelo had told state investigators that he did not recall getting on the hood of the car. At trial, a state forensic scientist testified that he matched photos of footprints on the Malibu to impressions made of Brelo’s boots.

When the firing ended, Brelo placed the Malibu that was still running in park and removed the keys as another officer searched the victims for a pulse and a gun. Neither was found.

The entire shooting was over in 17.8 seconds. Russell, the driver, was shot 23 times; Williams, 24. Prosecutors said that evidence showed Brelo fired 49 times.

O’Donnell spent nearly 50 minutes explaining his decision, which was contained in a 34-page opinion. He walked through the conflicting forensic testimony about the case, using two mannequins in the courtroom to show the trajectory and location of gunshot wounds to the victims. Ultimately, the judge said multiple officers fired shots that could have been fatal to Williams and Russell.[So, nobody gets punished because there were so many cops firing so many shots it's impossible to tell which specific bullets caused the deaths? ]

“Over 22 miles of driveways, sidewalks, parking lots, streets, roads and highways Russell had shown no intention of giving up,” the judge said of the chase.

The judge said that officers acted reasonably based upon radio traffic that officers were in danger and being fired upon.

“It is Brelo’s perception of a threat that matters,” O’Donnell said in court.

“Brelo was acting in conditions difficult for even experienced police officers to imagine.”

Brelo, who has been suspended without pay, requested a trial by judge instead of a jury. He did not testify.

Immediately after the judge’s verdict, Brelo put his head in his hands in tears, while several local activists watching in an overflow room began to chant “No Justice, No Peace.”

The case hinged on whether the fatal shots were fired by Brelo or one of the other 12 officers. The trial also focused on whether Brelo’s behavior was “reasonable” under the circumstances.

In all, the prosecution put on 45 witnesses and the defense six. The judge heard from forensic pathologists, siblings of the victims, ballistics experts, a forensic mechanic, use-of-force experts and police officers.

Police in riot gear made 71 arrests Saturday as protesters stormed the streets of Cleveland after a judge found a white city police officer not guilty in the deaths of two unarmed black suspects killed in a barrage of police gunfire.

The protesters gathered in downtown Cleveland and west side neighborhoods after the acquittal of patrolmen Michael Brelo.

About 150 protesters marched down the middle of downtown Cleveland, temporarily blocking intersections as they chanted anti-police slogans.

The protesters, who were marching behind a large banner that said "Stop murder by police," passed by large crowds leaving a Cleveland Indians game and made downtown vehicle and pedestrian traffic even more congested.

Police tweeted they arrested a male for assault after he threw an object through a window, and the Northeast Ohio Media Group reported that three people were arrested near the Quicken Loans Arena , while officers showed protesters cans of pepper spray as they approached those being arrested. Some police were wearing riot gear.

An Ohio judge said in his written verdict delivered to a crowded courtroom Saturday that Brelo’s actions in the November 2012 shootings were justified because he believed that someone in the car containing Timothy Russell and Malissa Williams fired shots at police in the beginning, middle and end of the chase. Brelo is still on unpaid suspension while officials consider administrative charges against him.

The Department of Justice said Saturday it plans to "review all available legal options."

"We will now review the testimony and evidence presented in the state trial" to determine if "additional steps are available and appropriate," the department said after the acquittal of Brelo on voluntary manslaughter charges.

Vanita Gupta, head of the department's civil rights division said the review is separate from its efforts to resolve a pattern of civil rights violations at the Cleveland police department. A report in December outlined a string of examples of excessive force, including officers who unnecessarily fired guns, hit suspects in the head with weapons, and punched and used Tasers on people already handcuffed.

The acquittal came at a time of nationwide tension among police and black citizens punctuated by protests over deaths of blacks at the hands of white officers -- and following a determination by the Justice Department that city police had a history of using excessive force and violating civil rights.

Before issuing his verdict, Cuyahoga County Common Pleas Judge John O'Donnell noted the recent unrest in Ferguson, Missouri, and Baltimore over the deaths of black suspects but said he would not "sacrifice" Brelo to an angry public if the evidence did not merit a conviction.

"Guilty or not guilty, the verdict should be no cause for a civilized society to celebrate or riot," he said.

Community and city leaders braced for the possibility of unrest in response to the verdict, which came as investigators work toward making a decision on whether charges will be filed in the death of a black 12-year-old boy carrying a pellet gun who was shot by a white rookie officer late last year.

Shortly after the verdict was reached, about 30 sheriff's deputies stood in front of the courthouse bearing clear shields as protesters with bullhorns chanted. One demonstrator bowed his head with hands folded in front of the phalanx of deputies, praying in silence.

The deputies then moved inside the entrance of the justice center, and the plaza in front of the building was soon cordoned off.

Brelo, 31, faced as many as 22 years in prison had the judge convicted him on two counts of voluntary manslaughter.