Police/Suspect Altercations

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Four Dead in Drug War Killings in Five Days, Including One Police Officer

Guns and drugs are a bad combination. Or, more precisely, drug prohibition in a nation where guns are freely available has tremendous potential for fatal conflicts between drug users and sellers and the police who are out to get them. Attempting to enforce widely-flouted drug prohibition laws in a society as heavily armed as this one is a recipe for violent encounters. When the war on drugs intersects with the Second Amendment, the bullets fly.

And the bullets were flying during the first week of September. Four people, including a New Mexico police officer, were killed in three separate incidents of drug law enforcement over a five-day period beginning on September 2. That brings Drug War Chronicle'scount of the killed to 37 so far this year.

During the five years the Chronicle has been tracking drug war deaths, they have occurred at a rate of about one a week. Not so far this month, though.

The number of police officers killed in the drug war has typically been a handful each year, but with four officers already killed so far this year, 2016 could end up being an atypically bloody year for police, too.

Here are the three fatal encounters that left four dead in the drug war since the month began:

On September 2, in Alamogordo, New Mexico, a wanted drug suspect and an Alamagordo police officer died in a shootout after a foot chase. Joseph Moreno, 38, died at the scene, while Officer Clint Corvinus, 33, succumbed to his wounds at a local hospital. Corvinus and another officer encountered Moreno while on patrol, but he took running when they tried to detain him. Gunfire broke out, and the two men were fatally wounded. The New Mexico State Police are investigating. Moreno had a lengthy criminal history, including a stint in state prison in 2001. Since then, he had been arrested numerous times, mostly on drug charges, but also for burglary, robbery, escape, and conspiracy to attempt to commit a violent felony. He had three warrants outstanding when the shootout occurred and was scheduled for court on drug charges in December. During a press conference the same day as the shooting, Alamogordo Police Chief Daron Syling said police had received threats after Moreno's death from people they believe are associated with him. One man was arrested after showing up at the hospital and threatening police.

On September 6, in Omaha, Nebraska, Douglas County sheriff's deputies shot and killed David L. Anderson, 25, as they attempted to arrest him on a felony warrant for possession of a controlled substance. The circumstances are not clear, but deputies reported they were being fired on before opening fire on the black pickup truck Anderson was driving. Witnesses reported deputies pulling Anderson from the truck after it crashed. He was taken to a nearby hospital where he was pronounced dead. Police did not say if a weapon had been recovered. The deputies involved are now on leave and the Omaha Police Department is investigating the incident.

On September 7, in East Lakeland, Florida, members of a Polk County Sheriff's Office "high intensity drug task force" shot and killed Francis Perry, 32, after he refused officers' orders to exit his vehicle and then opened fire with a handgun, police said. The incident began when task force members on patrol spotted Perry driving a black Dodge Charger and recognized him as someone with outstanding warrants. They followed him until he parked in the driveway of a house, and he refused to roll down his tinted window or exit the vehicle. As officers prepared to break the window glass, Perry reached for a 9mm pistol he was wearing on his hip and opened fire. Four officers returned fire, firing 28 rounds, with five striking Perry, who died shortly thereafter at a nearby hospital. "We didn't choose to shoot Francis Perry," Sheriff Perry Judd said at a news conference. "He chose for us to shoot him, and we accommodated him... We can only surmise, ladies and gentlemen, that this guy decided he wanted to end his life here, that this was really a suicide by cop." Perry had a long criminal history and more than $5,000 of meth in his car, police said.

Chronicle AM: AZ & CA MJ Polls, AR & OK MedMJ Lawsuits; Filipino Massacre Continues; More... (9/7/16)

New polls have good news for Arizona pot legalizers and better news for California ones, more lawsuits get filed over Arkansas and Oklahoma medical marijuana initiatives, the Philippines' murderous drug war continues apace, the Indonesian drug fighters want to imitate it, and more.

Filipino President Rodrigo "The Punisher" Duterte (theinfluence.org)
Marijuana Policy

Arizona Poll Has Legalization Initiative Leading. An Arizona Republic/Morrison/Cronkite poll has the Prop 205 legalization initiative favored by 50% of registered voters, with 40% opposed and 10% undecided. A 10-point lead is good, but getting over 50% would be better. "The proposal starts out ahead... but that doesn't mean it ends up that way after a campaign," said public-opinion pollster Mike O'Neil, who was not involved in the survey. "It reflects an evolving attitude on marijuana throughout the entire country, and we're part of that. People are no longer buying that this is just a horrible thing."

California Poll Finds Strong Majority for Legalization Initiative. A new poll from the Institute of Governmental Studies at UC Berkeley has support for the Prop 64 legalization initiative at 63.8%. That's in line with other recent polls that have shown the initiative apparently cruising toward victory. The strongest support came from Democrats (73.8%), African Americans (71.9%), Latinos (69.3%), and independents (62.2%).

Vermont Legislative Committee Will Examine Marijuana Policy Ahead of Next Year's Session. State Sen. Dick Sears (D-Bennington) said Tuesday the Joint Legislative Justice Oversight Committee will hold extra meetings this year to examine various issues around marijuana policy, including medical marijuana. Vermont was touted as likely to be the first state to legalize marijuana through the legislative process, but a bill this year passed the Senate, only to see it killed in the House. "My hope is that the House will take a look at it this time and work on a bill," he said.

Nashville Takes Another Step Toward Decriminalization. The Nashville city council has approved a marijuana decriminalization ordinance for a second time. It still has one more reading before it passes the council. The measure would give police the option of charging people caught with a half-ounce or less with a civil penalty instead of a misdemeanor.

Medical Marijuana

American Legion Calls for Marijuana to Be Rescheduled. The nation's largest veterans' organization has passed a resolution calling on the federal government to move marijuana off of Schedule I. The resolutions calls on the government "amend legislation to remove marijuana from schedule I and reclassify it in a category that, at a minimum will recognize cannabis as a drug with potential medical value." The resolution, which also calls on the DEA to "license privately-funded medical marijuana production operations in the United States to enable safe and efficient cannabis drug development research," was approved at the America Legion annual meeting in Cincinnati at the end of August.

Arkansas Medical Marijuana Foes File Lawsuit to Block Second Initiative. Arkansans Against Legalized Marijuana has filed a lawsuit seeking to disqualify the Arkansas Medical Marijuana Amendment from the November ballot. The same group, which includes the state Chamber of Commerce and Farm Bureau, earlier filed a similar suit against a competing initiative, the Arkansas Medical Cannabis Act. The lawsuits claim ballot titles and descriptions are deceptive. The Arkansas Medical Cannabis Act is also the target of another lawsuit challenging its handling of reporting by canvassers.

Oklahoma Medical Marijuana Initiative Campaigns Files Lawsuit Over Rewrite of Ballot Language. Oklahomans for Health, the group behind the medical marijuana initiative filed suit Tuesday to challenge Attorney General Scott Pruitt's (R) rewrite of its ballot description. The original wording of the ballot title made it clear that a yes vote would okay only medical use approved by a physician, but Pruitt's version starts out like this: "This measure legalizes the licensed use, sale and growth of marijuana in Oklahoma. There are no qualifying medical conditions identified." And Oklahomans for Health is crying foul: "Thousands and thousands of signatures were collected from voters of Oklahoma," attorney David Slane said after he filed the lawsuit. "No elected official has the right to rewrite these ballots in such a way that he would try to unfairly influence voters. Scott Pruitt has a habit, a pattern of doing this." Because the campaign was late handing in signatures, the issue is unlikely to appear on the ballot this year. Look for 2018.

Hemp

Colorado Certifies Country's First Domestic Hemp Seeds. The state Department of Agriculture has certified domestic hemp seeds for the first time in this country. State officials showed them off Wednesday. The certification is the endpoint of a years-long collaboration between the department and Colorado hemp growers and "is vital to the long-term growth of the industry," said the department's Duane Sinning. The state has some 400 hemp farmers.

Law Enforcement

Unrest Continues Over Killing of Unarmed Black Florida Man in SWAT Raid That Netted Two Grams of Weed. Protests have been ongoing in the Clairmel area of Hillsborough County ever since a SWAT team member shot and killed Levonia Riggins in his own bedroom last Thursday during a raid in which authorities turned up only two grams of marijuana. Traffic intersections have been blocked periodically as protestors call for the officer who killed Riggins to be fired.

International

Colombian President Just Says No to Resuming Aerial Fumigation of Coca Crops. President Juan Manuel Santos has shot down a trial balloon floated earlier this week by Prosecutor General Nestor Humberto Martinez, who suggested that the country was about to restart aerial eradication of coca crops by spraying herbicides on the fields. Spraying doesn't solve the problem, Santos said: "We arrive, fumigate or eradicate it with soldiers and police, only for farmers to plant even more productive varieties as we leave," the president said.

Indonesia Anti-Drug Head Calls for Philippines-Style War on Drugs. Budi Waseso, head of the Indonesian anti-drugs agency, said Tuesday his country was ramping up its drug war and said Indonesia could be as aggressive as the Philippines, where alleged drug users and dealers are being murdered in the streets by police and vigilantes. "Yes I believe so. It can happen because (the drugs problem) in Indonesia is as bad as in the Philippines. The life of a dealer is meaningless because (he) carries out mass murder. How can we respect that?," he added.

Philippines Drug War Death Toll Now Surging Toward 3,000 in Only Two Months. People are being killed at the rate of 44 a day in President Rodrigo Duterte's war on drug users, drug sellers, and the rule of law, and the death toll after only two months in office is now nearing 3,000. Duterte is happy and wants more: "More people will be killed, plenty will be killed until the last pusher is out of the streets," he said "Until the (last) drug manufacturer is killed, we will continue and I will continue." Of the nearly 3,000 killed, about one-third are claimed by police and two-thirds are blamed on death squads, vigilantes, and hired assassins.

Chronicle AM: Denver Pot Social Use Init Makes Ballot, Kratom Fight Gathers Steam, More... (9/6/16)

Big city Texas prosecutors are increasingly dropping small-time pot cases, a Denver social use marijuana initiative qualifies for the ballot, kratom proponents move to block the DEA effort to place it on Schedule I, and more, including lots of international items.

Denver skyline (Creative Commons)
Marijuana Policy

Texas Big City Prosecutors Are Dismissing Small-Time Marijuana Cases. Prosecutors in the state's five most populous counties -- Bexar (San Antonio), Dallas, Harris (Houston), Tarrant (Ft. Worth), and Travis (Austin) -- are increasingly dismissing small-time pot possession charges. In Ft. Worth, the number of cases dropped rose from 9% in 2011 to 25% last year. In Dallas, the number dropped rose from 18% to 41% in the same period. Travis County prosecutors Dan Hamre explained. "Jurors would look at us like we are crazy," he said. "'You are spending your time, our time and the court's time on a small amount of personal marijuana?'"

Washington State Campaign to End Marijuana Possession Felonies Underway. Under marijuana legalization via I-502, the stat legalized the possession of up to 28 grams of pot, but possession of 40 grams or more remains a felony. A Change.org petition calling on state lawmakers to fix the law is now underway. It has more than a thousand signatures in ten days, but could always use more.

Denver Marijuana Social Club Initiative Qualifies for Ballot. An initiative from the Denver Social Use Campaign has qualified for the November ballot. It would allow for the creation of "designated consumption areas" for marijuana use. Permits would be open to a broad range of businesses, and could cover a single event or be good for up to a year. Patrons would have to bring their own buds, though, since sales would not be allowed.

Medical Marijuana

Second Arkansas Lawsuit Challenges Medical Marijuana Initiative. A Little Rock attorney who is a member of NORML's National Legal Committee has filed a lawsuit seeking to knock the Arkansas Medical Cannabis Act off the November ballot. In the lawsuit, attorney Kara Benca asked the court to invalidate some 15,000 voter signatures, which would disqualify the initiative. A second initiative, the Arkansas Medical Marijuana Amendment, has also qualified for the ballot. If both pass, the won with the most votes wins.

Drug Policy

Petition Drive to Undo Making Kratom Schedule I is Underway. In response to the DEA's announcement it was moving to make kratom's active ingredients Schedule I, fans of the opioid substitute have begun a Change.org petition asking the White House to intervene. The White House must respond if the petition hits 100,000 signatures by month's end. So far, it has nearly 70,000. The American Kratom Association also says it is pondering a lawsuit to block the move.

International

Australia Will Legalize Medical Marijuana in November. The Therapeutic Goods Administration has made it official. The agency has now formally announced it will move medical marijuana from Schedule 9 (prohibited substances) to Schedule 8 (controlled drugs). The change will go into effect in November.

Bolivian Government Proposes Prison Time for Illegal Coca Cultivation. Vice Minister for Social Defense Felipe Caceres announced Friday that the government is proposing a bill that would make illegal coca production a crime punishable by up to three years in prison. Under current law, illegal cultivators face no prison time, only the destruction of their crops.

Colombia Attorney General Calls for Renewed Aerial Eradication of Coca Crops. Attorney General Nestor Humberto Martinez has released a report calling for a resumption of aerial spraying of coca groups with herbicides. The government ended that policy las year, citing health risks, as well as a desire to emphasize public health and human rights in its drug policies. But an expansion of coca production has the government signaling it may change its tune.

Denmark's Christiania Residents Tear Down Hash Stalls After Police Shot and Wounded. Christiania has long been the go-to place to score hash in Copenhagen, but after a known drug seller opened fire on police last week, wounding two, residents of the hippie enclave began tearing down dealers' stalls, saying they feared organized crime was moving in. "If they start building up the booths again tonight, then well, we're here tonight as well. The plan is to continue tearing them down until it works," Christiania resident Helene Schou said. "I'm not saying hash should disappear completely from Christiania, but we needed a kiosk and what we had was a supermarket."

Philippines Will Make Drug Tests Mandatory for College Students. In the latest move in President Rodrigo Duterte's murderous war on drugs, his administration has announced it will seek to make students entering college undergo drug tests beginning next year. More than 2,400 people accused of being drug users or sellers have been killed in Duterte's two months in office, and his administration has instituted broad drug testing of police and politicians, among others.

A Long Hot Summer of Drug War Deaths [FEATURE]

The killing of a young, black, unarmed Tampa man by a SWAT team that raided his home in an operation that turned up two grams of marijuana has sparked angry protests last week, including demonstrations last Thursday where people damaged vehicles, lit fires, and threw trash at police, leaving five people arrested and a community outraged.

Levonia Riggins. Unarmed, killed in his bedroom in a raid that netted two grams of weed. (family photo)
Levonia Riggins was shot and killed in his bedroom by Deputy Caleb Johnson of the Hillsborough County Sheriff's Office as the SWAT team executed a search warrant based on purchases of marijuana from Riggins by undercover officers earlier this summer. Police said they used the SWAT team because they had found guns in the house a year earlier.

When deputies arrived, they broke through a window and found Riggins in bed. "Mr. Riggins then jumped up and moved his hands toward his waistband," a police spokesman explained. Johnson then fired, killing Riggins in what police called "a split-second decision." The Hillsborough State Attorney's Office is now investigating the killing, as is a sheriff's internal team.

Riggins was only the last person to be killed in drug law enforcement operations this summer that left 10 other people dead in separate incidents, including a Tennessee police officer. According to the Drug War Chronicle, which has been tracking such deaths since 2011, the year's drug war death toll now stands at 33.

That's a rate of about one a week, a rate that has held constant throughout the five years the Chronicle has been counting. Also consistent is the ratio of civilians killed to police officers killed. It has been running at about 10:1 over the five-year period, and with three officers killed so far this year, that ratio is being maintained.

Here are the rest of the summer's drug war victims and the circumstances of their deaths:

On August 18, in Apache Junction, Arizona, a Maricopa County sheriff's SWAT Team member shot and killed Larry Eugene Kurtley, Jr., 53, as the SWAT team attempted to take him into custody on drugs, drug paraphernalia, and weapons charges. A woman who left the residence as police arrived told them he could be armed, and the SWAT team then began to negotiate his surrender, police said. But Kurtley refused to come out, so police fired tear gas into the home. When he emerged from the house, he was armed, police said, and one of the SWAT deputies opened fire, killing him. Kurtley had served multiple prison sentences dating back to the 1990s. The Pinal County Attorney's Office and the sheriff's office professional standards bureau are investigating.

On August 16, just outside Augusta, West Virginia, a sheriff's deputy shot and killed John O'Handley, 55, of Yellow Springs as he reportedly grabbed the deputy's gun while being transported to jail after being arrested on methamphetamine and other charges. Deputies had originally gone to O'Handley's residence in search of a stolen motorcycle, but discovered an active meth lab in the home, as well as homemade bombs and stolen property. O'Handley allegedly reached between the front seats of the police car and grabbed the arresting deputy's gun. "A struggle then ensued," and the deputy fired one shot, striking O'Handley in the head and killing him. The shooting is being investigated by the West Virginia State Police.

Tennessee Bureau of Investigation Special Agent De'Greaun Frazier. Killled during an undercover drug buy. (tn.gov/tbi)
On August 9, in Jackson, Tennessee, a Tennessee Bureau of Investigation agent was shot and killed while conducting an undercover drug buy. Special Agent De'Greaun Frazier, 35,was assisting Jackson Metro Narcotics and was in the front seat of a vehicle when the man he was supposed to buy drugs from instead tried to rob him, shooting him from the back seat. That man, Brendan Burns, has now been charged with murder in his death. Frazier had earlier served on a DEA task force while working at the Millington Police Department.

On August 9, in Los Angeles, LAPD officers in Boyle Heights shot and killed Jesse Romero, 14, as he fled from them while they investigated a report of possible "gang writings" and drug activity. According to the LAPD account, Romero and another youth split up and took off running when police arrived, and a witness saw Romero shoot a handgun toward pursuing officers. One officer returned fire, striking and killing Romero. But another witness said she saw Romero pull a gun from his basketball shorts as he ran, then toss it toward a fence. The gun fired when it fell to the ground after hitting the fence, startling Romero. "He didn't shoot," she said. Police recovered an old revolver, but it is unclear how near it was to Romero's body. The officers involved were wearing body cameras, but under LAPD policy that footage is only released to the officers involved before they make an initial statement -- not to the public. The ACLU of Southern California released a statement saying it was "particularly concerned" about Romero's death and criticizing LAPD's body camera policies.

On July 7, in Clovis, California, Clovis Police serving an arrest warrant on narcotics and related charges shot and killed Adam Smith, 33, as he attempted to flee in his vehicle. Police and his girlfriend's family lured him to the family residence, but he and his girlfriend tried to escape, jumping in his van in an alley. According to police, when they confronted the pair in the alley, the girlfriend jumped out of the van, Smith slammed it into reverse, nearly hitting her, then accelerated his vehicle toward the officers. Two of the three offices opened fire, fatally wounding Smith. He was not named in initial reports, but was later identified. In another report, an acquaintance said Smith was on heroin and had repeatedly said they he would die in a "suicide by cop," especially when he was on heroin.

Street meorial for 14-year-old Jesse Romero. (scpr.org)
On June 30, in Douglas, Wyoming, a US marshal shot and killed Jasen Scott Ramirez, 44, in the parking lot of a Catholic Church as he was leaving his father's funeral. The federal agents were seeking Ramirez to serve an arrest warrant on methamphetamine and weapons charges. Local police called to the scene after the shooting discovered 3.5 ounces of meth and two pistols in the vehicle he was driving, but it's unclear to whom the car, the guns, or the drugs belonged. It's also unclear whether Ramirez was brandishing or reaching for a weapon when he was shot and killed. The US Marshals Service has issued only a one-paragraph statement, short on details, including the name of the marshal who pulled the trigger. The agency said it would not be saying more until all investigations into the incident are concluded, including one by the Wyoming Division of Criminal Investigation. After the killing, an unconfirmed death threat was made against law enforcement, prompting authorities to temporarily lock down the county courthouse, city hall, and the hospital where Ramirez died.

On June 16, in Westminster, Colorado, a Westminster police officer shot and killed Nicholas Damon, 30, after Damon allegedly dragged the officer and ran over him with his car. Police were attempting to arrest Damon on outstanding drug and assault warrants when he hopped into his car and attempted to flee the scene. The officer involved was briefly hospitalized with "non-life threatening injuries." The killing is being reviewed by an Adams County special investigatory team.

On June 14, in Chula Vista, California, an undercover ICE agent shot and killed Fernando Geovanni Llanez, 22, as agents met with a half-dozen suspected marijuana traffickers in an apparent buy-bust deal at an Eastlake-area strip mall. The agent was part of the Homeland Security Investigations Operation Alliance drug task force, and the agency said Llanez attacked him in what could have been a robbery attempt. The agent fired several times, fatally wounding Llanez. His five companions fled, but were all chased down and arrested on charges of possession of marijuana for sale, conspiracy, and suspicion of robbery. Chula Vista police declined to confirm that it was an undercover operation and would not say if any cash or drugs were seized. There was no mention of any weapon.

On June 8, in Kansas City, Missouri, members of a DEA task force executing a search warrant shot and killed Carlos Garcia, 43, after he fired at officers from inside the house and then refused to exit, leading to an hours-long standoff. Finally, after police shot tear gas into the house, Garcia ran out the back door of the residence aiming his rifle at officers, police said. Task force members then opened fire on Garcia, killing him in the back yard.

On June 7, in Turlock, California, two Modesto police officers who were members of the Stanislaus County Drug Enforcement Agency "involved in a narcotics investigation" shot and killed Omar Villagomez after the vehicle he was driving collided with unmarked police vehicles as they attempted to arrest him. The passenger in the vehicle was not shot, but was injured by debris from the collision. He was charged with suspicion of meth possession with intent to sell, transportation of meth, possession of a controlled substance while armed, and possession of a loaded and concealed firearm.

Chronicle AM: Seattle Safe Injection Site Progress, Philippines Drug Killings Inquiry, More... (8/23/16)

A Seattle heroin task force has endorsed safe injection sites, the Philippine Senate is holding hearings on the ongoing massacre of alleged drug users and sellers, Colombia coca growers are protesting over unfulfilled crop substitution promises, and more.

Vancouver's InSite drug consumption room. Something similar could be coming to Seattle. (vcha.ca)
Marijuana Policy

Arkansas Attorney General Rejects 2018 Legalization Initiative Wording, Again. Attorney General Leslie Rutledge has again rejected the wording of a proposed constitutional amendment to legalize marijuana. The proposal is from Mary Berry of Summit. Rutledge wrote Monday that the proposal has ambiguities around licensing and the role of various state agencies in overseeing legal marijuana commerce. Berry successfully submitted a similar proposal for this year, the Arkansas Cannabis Amendment, but it failed to get enough signatures to qualify for the ballot.

Northern Marianas Senator Reintroduces Marijuana Legalization Referendum Bill. Sen. Sixto Igisomar has redrafted what was formerly a medical marijuana bill and turned it into a full-on legalization bill. The new version, Senate Bill 19-106, is now before the Senate Committee on Health and Welfare. If approved by the legislature, the measure would then go before the voters.

Harm Reduction

Seattle Heroin Task Force Endorses Safe Injection Sites. The Heroin Task Force empanelled by Seattle Mayor Ed Murray and King County Executive Dow Constantine has endorsed open safe injection sites for drug users. The task force is now working on formal recommendations on how it might work and the legal challenges it could face. Those recommendations are expected next month.

International

Philippine Senators Open Hearing on Drug War Killings. The Senate Justice Committee opened an inquiry Monday into the killings of more than 1,800 alleged drug users and sellers during an ongoing crackdown spurred by President Rodrigo Duterte. Committee chair Sen. Leila de Lima said she was worried by the killings and that police and vigilantes could be using the crackdown "to commit murder with impunity." National Police Chief Ronald de la Rosa, who said he did not condone extrajudicial killings, took heat for failing to stop vigilante killings. "This is like anarchy," said Sen. Antonio Trillanes IV. "It's continuing under your watch."

Colombia Coca Growers Say Government Not Living Up to Crop Substitution Promises. Coca growers in Putumayo province have been protesting for the past month, saying the government is eradicating coca crops without providing substitute crops as promised. Clashes between riot police and protestors have left at least one farmer dead, with dozens others injured.

Chronicle AM: New Orleans "Decrim" in Effect, Philippine Drug Executions Accelerate, More... (6/21/16)

The Big Easy goes easy on marijuana possession, a California medical marijuana business is back in operation after a misbegotten raid, Danish cops raid Christiania to little effect, suspected drug dealers are being killed in the Philippines, and more.

Filipino President Rodrigo "The Punisher" Duterte (theinfluence.org)
Marijuana Policy

Maine Legalization Foes Unveil New Website. Anti-legalization forces operating as Mainers Protecting Our Youth and Communities have launched a new website aimed at doing in the legalization initiative from the Maine Campaign to Regulate Marijuana Like Alcohol. A drop-down menu on the website provides an indication of their approach, with buttons for "Pot Shops on Main Street," "Marijuana Candy," and "Big Marijuana."

New Orleans "Decriminalization" Ordinance Goes Into Effect. A newly passed city ordinance allowing police to cite and fine instead of arrest people caught with small quantities of pot is now in effect in the Big Easy. But not everybody will get a ticket. Those caught with pot in a drug free zone, such as a city park, school, or church will still be charged and jailed.

Medical Marijuana

After Misbegotten Raid, California Medical Marijuana Company Open for Business Again. Sonoma County's Care By Design (CBD) is already back in business after a massive raid including a hundred police officers and DEA agents last week. Business operator Dennis Franklin Hunter was released without charges after initially being held on a $5 million bond. Police raided the business thinking it was using a dangerous and illegal butane extraction process to make cannabis oil, but it was actually using a non-flammable CO2 extraction process. CBD is blaming the botched raid on a disgruntled former employee involved in a competing business.

International

Danish Cops Raid Christiania's Pusher Street, To No Avail. Police last Friday marched into the Copenhagen hippy enclave, tore down 37 marijuana and hash sales stands, and arrested 18 people, but new stands went up and pot sales recommenced before police even left the scene. The raid is sparking new discussion on marijuana legalization, including from a senior prosecutor in the Copenhagen prosecutor's office. I personally believe we should legalize the sale of cannabis because this is a fight we cannot win," Anna Birgitt Sturup said.

Philippines in Drug Dealer Killing Frenzy. Under the new presidency of Rodrigo Duterte, who earned a reputation as a crime fighter and death squad organizer as the long-time mayor of Davao City, killings of alleged drug dealers are surging. Duterte has vowed to eradicate drugs and other crime within six months and even offered to give medals to citizens who kill them. Police reported killing 11 suspected drug dealers over the weekend, saying they resisted arrest, with more than 40 killed since Duterte was elected on May 9.

The Outrageous Death of Ollie Lee Brooks

A poor, elderly black man with a heart condition was sitting in his room at a cheap Tulsa, Oklahoma, motel the night of May 28th, using his drug of choice, minding his own business, and not bothering anybody when police arrived at his door. Now he's dead, and his death raises questions not only of law enforcement use of force, but of race, class, and predatory policing.

Ollie Lee Brooks
As the Tulsa World reported, Ollie Lee Brooks, 64, died at the Oklahoma State University Medical Center after a pair of Tulsa police officers tased and pepper spayed him during an arrest attempt at a Super 8 Motel in east Tulsa. Police said he struggled with them when they tried to arrest him after spotting drug paraphernalia "in plain sight" in his motel room.

Brooks becomes the 22nd person to die in US domestic drug law enforcement operations so far this year.

He "immediately resisted arrest by actively fighting officers," the police report said. They then pepper sprayed him, but it didn't "have the desired effect," so one officer then tased Brooks, who "continued to fight," so he tased him again. At one point, Brooks broke free and ran down the stairs, but the officers tackled and cuffed him, then called medics to the scene.

The officers were not wearing body cams, and there is no surveillance video to verify their account.

But there is no reason to doubt their explanation for why they went to his room in the first place: They had gone to the motel "to search the register for guests with outstanding warrants, police spokesman Leland Ashley said."

You read that right: Police in Tulsa are going around to motels and hotels and checking guest lists against their lists of people wanted for warrants. Or at least they're going to some motels and hotels and doing that. Like motels in minority neighborhoods that attract a non-wealthy clientele. There are no reports of police running warrant checks at the Tulsa Hilton Garden Inn or the Tulsa Marriott Courtyard.

This looks to be a race- and class-based predatory policing practice, targeting the poor, who often have arrest warrants not just for alleged crimes but for the crime of being unable to pay fines for past offenses. It has the same sort of stench about it as the now well-known predatory policing in Ferguson, Missouri, that culminated in massive civil unrest after the killing of Michael Brown nearly two years ago.

And a list of outstanding warrants for dangerous felons is one thing, but that's not what the Tulsa police officers were carrying. Instead of keeping society safe from criminals, the officers were essentially acting as bill collectors.

Ollie Lee Brooks was on the list not for being an escaped fugitive or a dangerous criminal, but for an $874 bench warrant in connection with an DUI/open container charge from Okmulgee County in 1991. (It had been a $642 warrant, but a $201 "collections fee" and other fees had been added in 2012.) That DUI/open container charge was never prosecuted, and Brooks had had several run-ins with the law since then (he was last arrested in 1999), yet somehow that warrant was still on the books, was reissued in 2005, and had never been served.

(In a Friday press conference, Tulsa Police Chief Chuck Jordan said it wasn't the Okmulgee warrant, but a 2015 Tulsa warrant for failure to pay a jaywalking fine. In either case, the point remains that cops acting as bill collectors, went after Brown, and now he's dead.)

The comments section of the initial Tulsa World article contains numerous messages from Tulsans who knew him as a sometimes homeless man who frequented a custard shop and who also picked up occasional work in landscaping and odd jobs. Here's one:

I knew this man as "Richard". He slept behind a dumpster at 61st and Sheridan several years ago when I worked for my parents business, Custard King Frozen Custard. I used to give him free custard and talk to him. I even bought him a pair of shoes and some clothes one time. Actually he's a pretty nice guy! This is very sad news indeed and serves as a warning that police have no hesitation about shocking the hell out of you and killing you. I was told that he had just gotten out of the hospital a few weeks ago with a heart condition. My father talked with him recently. He would occasionally stop by their business. Several years ago, I tried to help this guy out. I am totally shocked because I never knew him as a violent guy. He just frequented our area sometimes. He told us he had a son which he helped with tree work sometimes. He was always very friendly to us.

Another comment:

Ollie used to come to our store and buy a sirloin steak with all the fat on it. We wouldn't see him for awhile and he would just show up. Friendly guy, mannerly, sometimes you could tell he had been drinking and sometimes he appeared to be under the influence but before he got sick he had a tree trimming business and did some landscaping on the side so he wasn't a complete bum. It is sad that this is how he left this Earth and how he will be remembered.

Let's recap here: An elderly black man living on the margins of society manages to scrape enough money together to get a motel room to do his thing in peace, the police run a warrant check on the guests at the motel, they find a trivial warrant, they discover evidence of another criminal offense (drug possession), a struggle ensues, and Ollie Brooks is dead.

Police Chief Jordan said Friday that the two officers involved had been suspended with pay, but had been returned to active duty the day before and had done nothing wrong. But there's something very wrong indeed with a criminal justice system that generates results like this.

And speaking of things being wrong, just a few days ago, AlterNet published "May Was One of the Worst For Drug War Deaths in Recent Memory," which listed seven people killed by police enforcing the drug laws that month. Ollie Lee Brooks wasn't on that list, not because he didn't deserve to be, but because the Tulsa Police didn't bother to publicly announce his death at their hands.

News of his death came only when the Tulsa World ran a story after an affidavit for a search warrant for his room after his death was officially filed last Wednesday. When asked by a reporter whether the department should have notified the media and the public that someone had died after an encounter with police that involved physical force, Jordan said, "In hindsight, after today, yeah, I probably would. Yes, sir."

Brooks' family has retained legal counsel. But he's still dead.

May Was a Bad Month for Drug War Deaths

At least seven people were killed by police doing drug law enforcement last month. Four were armed and two of them engaged in shootouts with police. Two were killed by police after vehicle chases where police claimed they were trying to run them over. One was killed during a physical struggle with police.

Four of the victims were white, two were black, and one was a Pacific Islander. The ethnicity of one -- Eugene Smith -- remains undetermined.

May's drug war killings bring Drug War Chronicle's count of drug law enforcement-related deaths this year to 21. The Chronicle has been tallying such deaths since 2011, and they have occurred at a rate of roughly one a week over that period. The Chronicle's count includes only people (police and civilians) who died as a direct result of drug law enforcement activities, not, for example, people who died in conflicts between drug sellers or people who died because they ingested bad drugs.

In May, drug war deaths occurred at a rate nearly twice the five-year average. The seven killings in May accounted for one-third of the killings tallied so far this year. Let's hope last month was an aberration and not a harbinger of a long, hot summer.

It's worth emphasizing that more than half the people killed last month were carrying firearms, and two of them turned them on police. Attempting to enforce widely-flouted drug prohibition laws in a society as heavily armed as this one is a recipe for violent encounters, as we saw last month. When the war on drugs intersects with the Second Amendment, the bullets fly.

Our count here also includes two deaths in March and one in April that had not yet been added to our tally.

Here are the latest drug war deaths:

On March 14, in Chicago, police investigating "possible narcotics activity" shot and killed Lamar Harris, 29, during a shoot-out in which three officers were also struck and wounded. When the cops approached Harris, he took off running through a dimly lit courtyard in the Homan Square neighborhood before reportedly turning and firing, hitting one officer in the back, one in the foot, and another in the chest. At least one officer returned fire, killing Harris.

On March 22, in Fredericksburg, Virginia, a Fredericksburg police officer shot and killed Travis Blair, 33, after he fled the officer's effort to pick him up for missing a court date on a drug possession charge. Officer Christopher Brossmer pulled Blair over, but Blair then drove away, dragging Brossmer with him before fleeing on foot after crashing in a ditch. A foot pursuit ensued, which ended with Brossmer shooting Blair in the leg as the pair struggled on the ground. Blair was hospitalized, but died five hours later. Police made no mention of a weapon being found, but they did find five packets of heroin inside a Marlboro package. Brossmer was later absolved of any criminal liability in the shooting.

On April 30, near Spanish Fork, Utah, a Utah County sheriff's deputy attempting to arrest Mark Daniel Bess on drug-related felony and misdemeanor warrants and a traffic-related warrant shot and killed him after he allegedly charged the officer with a knife. Police said Bess had fled from the deputy, but was found hiding behind a barn at a nearby residence. The deputy said Bess refused repeated commands to drop the knife and get on the ground and instead charged at him. The deputy fired at least two shots when Bess was 10 to 15 feet away, striking him in the head and body. He died at a local hospital hours later. He had been wanted for failure to appear in felony heroin possession case and failure to appear in another case where police caught him preparing to inject on the sidewalk in downtown Salt Lake City.

On May 1, in Alamo, Tennessee, police finishing up a 3 AM drug raid at a private residence shot and killed Army veteran Ronald Branch, 28, when he arrived at the home carrying "multiple handguns." Two Crockett County opened fire on Branch, who was pronounced dead at a local hospital. Police said Branch knew the homeowner, but they didn't know why he went to the house. The homeowner wasn't home, but police arrested another man on drug, drug paraphernalia, and marijuana possession charges. The officers involved were placed on administrative leave pending a review by the Tennessee Bureau of Investigation.

On May 5, in Gretna, Louisiana, police chasing a man who fled from them in a vehicle shot and killed Corey DiGiovanni, 36, who was the target of an ongoing heroin distribution investigation. DiGiovanni spotted narcotics officers outside a residence in Gretna and took off in his pick-up truck, leading police on a high-speed chase through the city. Police said they opened fire on him after he rammed several police cars and accelerated toward officers at an intersection.

On May 9, in St. Martin, Mississippi, police called to a Ramada Inn to investigate "possible drug activity" in a guest room shot and killed Christian Bowman, 23, after he became "aggressively combative" toward a deputy on the scene. One of the two deputies on the scene then shot him in the chest, killing him. The Mississippi Bureau of Investigation is looking into the incident.

On May 11, in San Diego, police shot and killed Thongsoune Vilaysane, 30, at the end of a car chase that began when officers investigating drug and weapons activity at a Pagel Place residence followed the car he was driving as it left the home. Police learned it had been reported stolen and pursued the driver during a short pursuit before he crashed into a parked car. Police said officers with guns drawn ordered Vilaysane to get out of the car, but he instead put it in reverse, nearly striking two officers, police said. "In defense of their (lives), four officers fired multiple rounds at the driver to stop the threat of the moving vehicle," Homicide Lt. Manny Del Toro explained in a statement. He was hit multiple times and died at the scene. The officers were wearing body cams, and San Diego DA Bonnie Dumanis has announced the videos will be released to the public after her office reviews whether the shooting was legally justified.

On May 19, in Miami, gang unit detectives on a narcotics investigation shot and killed Kentrill Williams, 22, after he allegedly grabbed a gun from his waistband. Williams was shot by Detective George Eugene. He died at a nearby hospital.

On May 24, in Park Forest, Illinois, FBI agents serving a search and arrest warrant on a high-ranking member of the Black P Stone Nation gang found him dead inside the home after a shoot-out that left two agents wounded. Melvin Toran, 50, committed suicide after the shoot-out, the medical examiner said. The raid was part of a federal sweep targeting drug trafficking by members of the Black P Stone Nation.

On May 26, in St. Paul, Minnesota, police doing a drug investigation at a residence shot and killed Eugene Smith, 29, after he allegedly fired at them from a bedroom. Police had been called to the home a week earlier on a drug complaint and had found meth, marijuana, and a rifle. When they returned the following week, they said Smith opened fire on them after they shot and killed a pit bull in the house. Smith died of multiple gunshot wounds.

Virginia Cop Gunned Down Last Week Was Doing a Drug War Training Exercise

The Virginia State Trooper shot and killed at the Greyhound Bus Station in Richmond, Virginia, last week died while on a drug war training exercise aimed at patrons of the transportation hub.

Trooper Chad Dermyer, 37, was gunned down by James Brown III, an Illinois man with a lengthy criminal record, who in turn was shot and killed by Dermyer's colleagues. Two women were wounded in the gunfire, neither with life-threatening injuries.

The two fatalities come as a shock, but hardly a surprise. According to Drug War Chronicle, which has been tallying deaths directly related to domestic drug law enforcement activities since 2011, the killings bring this year's total to eleven. Over the past five years, drug war deaths have occurred at a pace of roughly one a week, and this year so far is about on track.

Of those 50 or so drug war deaths each year, only a handful have been police officers. But Dermyer is the second law enforcement officer to be killed upholding drug prohibition in a 10-day period: An Indiana deputy was killed March 22 in a misbegotten midnight drug raid over a single syringe.

In Richmond last Thursday, as Fox 10 TV reported:

State Police were at that station for a training exercise on how to intercept drugs at bus terminals, which are often critical transfer points for narcotics. Dermyer had just been training for his new position around 2:40 when he was shot by a man he approached as part of that training, according to State Police.

"The male subject pulled out a handgun and shot Chad multiple times," Virginia State Police Superintendent Col. W. Steven Flaherty said. "The male subject continued firing his weapon, as two state police troopers opened fire."

The Washington Post added a bit more detail:

[State Police Superintendent W. Steven] Flaherty said Dermyer and other troopers were at the station to train for what is called a counterterrorism and criminal interdiction unit. The unit is assigned to public transit areas and highways to identify and question people deemed suspicious. It is a way of intercepting drugs and guns.

Dermyer, wearing a dark blue uniform that resembles fatigues, had started to question the man when the assailant pulled out a gun and shot the trooper, police said. Dermyer was not wearing a protective vest.

Flaherty said the conversation lasted about 30 seconds. He said he did not know what drew Dermyer's attention to the man. Two other troopers returned fire, police said. Flaherty said the squad's training assignment was: " 'If you see some suspicious behavior, go over and engage and have a conversation.' That was what was taking place here."

While it may have been a "training exercise," what police were doing was surveilling and accosting real people in real life. And it got very real indeed when Dermyer stopped Brown, who was armed and who had an extensive criminal record, with arrests on counts ranging from the petty -- "failure to obey police, resisting a corrections officer, numerous drug charges" -- to the ugly -- "aggravated battery of a pregnant woman" -- to the quite serious -- "murder, intent to kill, aggravated battery with a firearm, felony possession of a weapon." (It's not clear which of those arrests actually resulted in convictions and on what charges.)

According to his aunt, who helped raise him and with whom he stayed until she kicked him out in December, Brown really didn't like cops. The aunt, Edith Brown of suburban Chicago, told WTVR News Brown had been to prison and had had enough.

"He said he would never go back to prison again," she said. "He would fight it out with them. He had a lot of anger about the police in the past," she said. "He pretty much thought he wanted to be infamous... in terms of having a showdown. He always praised those people who got into shootouts with police."

It's difficult to tease out the role of drug prohibition in the incident where Dermyer's and Brown's lives intersected -- and ended. It's embedded in an intricate tapestry of race and class, crime and criminalization, permanent paranoia and militarized policing. But the war on drugs is one of the threads, and now, two more people are dead.

Richmond, VA
United States

Chronicle AM: More Obama Commutations, SC Town Pays Big for Killing Teen in Pot Bust, More... (3/30/16)

The president has commuted sentences for another 61 federal drug offenders, Maine legalizers are fighting to get their signatures validated and their initiative on the ballot, a South Carolina town pays out big for the death of a local teen in a small-time pot bust, and more.

Zach Hammond's family has settled a lawsuit over his death in a small-time pot sting operation gone bad. (Hammond family photo)
Marijuana Policy

Maine Senate Approves Marijuana DUID Bill. The Senate voted 19-14 Wednesday to pass LD 1628, which establishes a blood level for THC over which the driver is presumed to be impaired. The bill sets the limit at 5 nanograms of THC per milliliter of blood, the same as the states of Colorado and Washington. The bill now goes to the House.

Maine Legalization Campaign Gets Hearing On Invalidated Signatures. At a court hearing Wednesday, the Campaign to Regulate Marijuana Like Alcohol fought to get more than 17,000 invalidated signatures reinstated. The campaign accused Secretary of State Matthew Dunlap of using an "unconstitutionally vague" interpretation of election laws to invalidate the signatures -- all of which were notarized by the same person. Dunlap said the notary's signature didn't match his on-file signature. By invalidating the 17,000 signatures, Dunlap ensured that the initiative campaign would not qualify for the November ballot. The court has until April 11 to render a decision.

Oregon Governor Signs Marijuana Edibles Bill. Gov. Kate Brown Tuesday signed into law Senate Bill 1511, which allows people 21 and over to purchase edibles and extracts at dispensaries. The bill also allows recreational pot stores to sell medical marijuana tax-free to registered patients.

Medical Marijuana

Rhode Island Patients Protest Proposed Medical Marijuana Tax. Protestors gathered at the State House Tuesday to just say no to Gov. Gina Raimondo's (D) plan to impose a tax on patient and caregiver growers. "We have pain, we have cancer, taxing us is not the answer," they chanted. Under her plan, caregivers would have to pay $350 per plant and patients who grow their own would have to pay $150. The protest took place just before the House Finance Committee took up the proposal.

Heroin and Prescription Opioids

Full Transcript of President Obama's Atlanta Remarks on Heroin and Pain Pills. The White House has released the full transcript of the discussion panel in which President Obama took part Tuesday as part of the National Prescription Drug Abuse and Heroin Summit in Atlanta. Click the title link for the transcripts.

Law Enforcement

Family of Zach Hammond Settles Police Killing Lawsuit. The South Carolina teenager was shot and killed by police last summer as he sat in his pick-up truck. The teenage girl who was his passenger was the target of an attempted bust over the sale of a bag of weed, and police shot Hammond as he attempted to pull away from the scene. His family has settled the lawsuit for $2.1 million. State investigators last year concluded that the killing was justified, but the city has just paid up.

Sentencing

Obama Pardons More Drug Offenders. President Obama today granted clemency to 61 more federal drug offenders, more than a third of whom were serving life sentences. That brings to 248 the number of sentences commuted by Obama, more than the six previous presidents combined. He was also set to meet today with people whose sentences had been commuted by previous presidents to discuss their experiences with reentry and how the process can be strengthened. On Thursday, he will hold a Life After Clemency briefing at 2:00pm EDT, which can be viewed live at www.whitehouse.gov/live.

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