This article is from the source 'nytimes' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at http://www.nytimes.com/2016/05/12/us/south-carolina-officer-faces-federal-charges-in-fatal-shooting.html

The article has changed 3 times. There is an RSS feed of changes available.

Version 1 Version 2
South Carolina Officer Faces Federal Charges in Fatal Shooting South Carolina Officer Faces Federal Charges in Fatal Shooting
(about 7 hours later)
CHARLESTON, S.C. — A former North Charleston, S.C., police officer was indicted here Wednesday on federal civil rights charges in the shooting death last year of an unarmed black motorist. CHARLESTON, S.C. — In a hushed courtroom, Michael T. Slager, a former North Charleston, S.C., police officer, was indicted here Wednesday on federal charges in the shooting death last year of Walter L. Scott, an unarmed black man.
In a federal indictment unsealed here on Wednesday, the former officer, Michael T. Slager, already facing state murder charges in the death of Walter L. Scott, was accused of violating Mr. Scott’s civil rights, obstructing justice and unlawfully using a weapon during the commission of a crime. Wearing a dark suit that only partly covered his cuffed wrists and ankles, Mr. Slager, already facing state murder charges, appeared before Magistrate Judge Bristow Marchant to hear federal charges that accused him of violating Mr. Scott’s civil rights, obstructing justice and using a weapon during the commission of a crime.
The case drew national attention last April when a video of the encounter, shot by a bystander, was released. The video showed Mr. Scott being shot after a traffic stop. Officer Slager, 34, who is white, had pulled Mr. Scott, 50, over for a broken brake light, and said he had fired because he feared for his life after Mr. Scott grabbed his Taser. The case drew national attention last April with the release of a video of the encounter that was taken by a bystander. The video showed Officer Slager, 34, who is white, shooting Mr. Scott, 50, after a traffic stop. Officer Slager had pulled Mr. Scott over for a broken brake light, and said he had fired because he feared for his life after Mr. Scott grabbed his Taser.
But the video showed Mr. Scott running away after a brief scuffle, and Officer Slager firing eight times. Mr. Scott was hit five times — three times in the back, once in the upper buttocks and once in the ear, according to the coroner’s report. But the video showed Mr. Scott running away after a brief scuffle, and Officer Slager firing eight times, hitting Mr. Scott five times, according to the coroner’s report.
Mr. Slager was in custody until January, when he was released on bail. He was expected to appear in federal court later on Wednesday, when a judge would decide whether he could remain free on bond. “While certainly the state charges address the killing of Mr. Scott, they do not directly address the alleged violation of Mr. Scott’s civil rights by a government employee acting under color of law,” Scarlett A. Wilson, the Charleston prosecutor handling the state case, said in a statement. “It is essential that law enforcement and our community see the federal government address such an important aspect of this case.”
The federal indictment accused Mr. Slager of abusing his authority as a police officer by using excessive force,— a Constitutional violation, in shooting Mr. Scott. The obstruction of justice charge stems from Mr. Slager telling state investigators that Mr. Scott was coming at him with his own Taser when he fired. At the hearing on Wednesday, Judge Marchant agreed to continue Mr. Slager’s bail, but added the conditions of electronic monitoring and the surrender of his passport.
The federal indictment accused Mr. Slager of abusing his authority as a police officer by using excessive force — a constitutional violation — in shooting Mr. Scott. The count could carry a sentence of life in prison or the death penalty, but Eric Klumb, an assistant United States attorney, indicated that prosecutors did not intend to make this a capital case.
The obstruction of justice charge stems from Mr. Slager’s telling state investigators that Mr. Scott was moving toward him when he fired.
Mr. Slager knowingly misled investigators “by falsely stating that he fired his weapon at Scott while Scott was coming forward at him with a Taser,” the indictment said, when in fact, as the officer “then well knew, he repeatedly fired his weapon at Scott when Scott was running away from him.”Mr. Slager knowingly misled investigators “by falsely stating that he fired his weapon at Scott while Scott was coming forward at him with a Taser,” the indictment said, when in fact, as the officer “then well knew, he repeatedly fired his weapon at Scott when Scott was running away from him.”
In recent years, amid mounting public outrage over the treatment of African-Americans by the police, the federal government has investigated several deaths — including those of Michael Brown in Ferguson, Mo., Laquan McDonald in Chicago and Eric Garner in New York in 2014, and Freddie Gray, who died last year in Baltimore. In recent years, amid mounting public outrage over the treatment of African-Americans by the police, the federal government has investigated several deaths — including those of Michael Brown in Ferguson, Mo., Laquan McDonald in Chicago and Eric Garner in New York in 2014, as well as that of Freddie Gray last year in Baltimore.
But the Scott case is the first to trigger a federal indictment for the deprivation of civil rights. But the Scott case is the first to elicit federal charges, which Mr. Slager’s lawyer, Andrew Savage, said was unprecedented. “It really feels as if Officer Slager is carrying the burden of many past cases that were handled differently,” Mr. Savage said.
“It’s fairly rare,” said Seth Stoughton, a professor at the University of South Carolina. “There are only about half a dozen cases in which police officers have faced federal civil rights charges for a shooting. The reason it’s so rare is the burden of proof — requiring prosecutors to show that it was a willful act, with specific intent. It’s not easy to show what was in someone’s mind.” Seth W. Stoughton, a professor at the University of South Carolina, said such an indictment was fairly rare. “There are only about half a dozen cases in which police officers have faced federal civil rights charges for a shooting,” he said. “The reason it’s so rare is the burden of proof — requiring prosecutors to show that it was a willful act, with specific intent. It’s not easy to show what was in someone’s mind.”
A lawyer for the Scott family, Chris Stewart, said it was amazing that after all the cases over the last 20 years, the federal government had decided to indict Mr. Slager. Mr. Stoughton said he did not see the indictment as an indication that the Justice Department planned to get involved in more such cases.
“I think the Justice Department is tired of sitting on the sidelines, and they think this is one they can definitely win and send a message to police departments around the country,” Mr. Stewart told The Associated Press. But L. Chris Stewart, a lawyer for the Scott family, disagreed, saying that he thought the Justice Department had gotten tired of sitting on the sidelines and wanted to send a message to police departments around the country.
“They finally heard the cries of so many families that have had to go through this — of not getting justice,” Mr. Stewart said of the Justice Department. “Walter Scott did not die in vain,” he said, citing changes that had occurred, including an order by the governor requiring police officers to wear body cameras.
Standing at eye level to a bank of microphones after the court hearing, Walter Scott’s mother, Judy, fought back tears. “I thank God that my son was used to pull the cover off all the violence and the cover-ups that have been going on,” she said. “I’m happy for that. But I’m sad because my son is gone.”