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Black Man Killed by A Cop in Alabama Mall Shooting. Update:Family sues Alabama AG & police..

https://www.al.com/news/2018/12/law...ll-shooting-video-district-attorneys-say.html

Lawyers for E.J. Bradford’s family viewed mall shooting video

Even as protesters, as well as many others, continue to call for state investigators to release video of the Hoover police shooting of Emantic “E.J.” Bradford Jr. on Thanksgiving night at the Riverchase Galleria, attorneys representing the victim’s family have seen footage of the deadly encounter, confirmed Jefferson County District Attorney Danny Carr and Bessemer Cutoff District Attorney Lynneice Washington.

On Thursday, November 29, Florida-based civil rights lawyer Benjamin Crump Jr., along with Rodney Barganier and Frankie Lee of Birmingham, viewed about 30 seconds of video at the offices of the Alabama Law Enforcement Agency (ALEA), which is overseeing the investigation. They did so at the invitation of Carr and Washington, both of whom were at the viewing.

“It was a courtesy to the family and the lawyers,” Carr said. “But also, because we believe in total transparency for this process.”

Members of the family did not attend because it conflicted with final preparations for the public viewing Bradford’s body.

A representative of ALEA also attended, according to the DAs.

AL.com reached out to Crump, Barganier, and Lee for confirmation and comment but the attorneys have not yet responded.

“ALEA/SBI requested a meeting with the Bradford family held the afternoon of Friday, Nov. 30, as is standard procedure for all SBI death and/or officer-involved use-of-deadly-force investigations,” the law enforcement agency said in a statement emailed to AL.com.

“Attorneys Benjamin Crump, Rodney Barganier and Frankie Lee were present on behalf of the Bradford family. District Attorneys Danny Carr and Lyniece Washington also were present. ALEA was in agreement with all parties present that the substance of the meeting be kept confidential. Out of respect for the Bradford family and to remain true to its word, ALEA will continue to honor this agreement.”

Neither Carr nor Washington would comment on the content of the video of the shooting, which occurred on Thanksgiving night, other than to say the video they’ve seen lasts about 30 seconds.

Crump and the family initially called for video of the shooting to be shown to the family on Sunday, November 25 during a press conference at Kelly Ingram Park.

“All videos, including body cams, so they can know the truth for themselves,” Crump said at the time. “They demand transparency and accountability for the person responsible for killing their son.”

Since then, the attorney, family members, and protesters have consistently demanded the video be released—although four days after the initial demand, attorneys for the family were granted the opportunity to view footage of the shooting.

Protesters have shouted, “Show the video!” at events held at the mall, the home of Hoover mayor Frank Brocato, several Hoover businesses—including a movie theater, Dave & Buster’s, Sam’s Club, and Buffalo Wild Wings as they called for a boycott to cripple the city’s economy.

On Monday, about 70 protesters filled Hoover City Council chambers and caused the meeting to end abruptly after incessant chants of “Shut it down!”

Earlier that day, Hoover police chief Nick Derzis said the city would not release information about the investigation.

The week before, City Councilman Derrick Murphy, flanked by Brocato, Derzis, other city officials and community leaders, called for state investigators to release information and footage of the deadly shooting. If ALEA did not, city officials said they might release it themselves.

After receiving a stern letter from ALEA, the city, however, changed its stance.

“Hoover officials are respecting the requests of ALEA to not release any information at the risk of compromising the justice process for everyone involved,’’ Derzis said in a statement.

On Thursday, the growing tension between Hoover and protesters appeared to be drawing towards a tipping point as city officials, aware of threats to protest at city schools circulating on social media, vowed not to allow protestors on school grounds.

“We will make sure that will not occur,’’ said Hoover city manager Allan Rice. “We’ve said clearly that Hoover City Schools advised us they did not want any protest activity on their property. If protesters arrive, they will be given one opportunity to depart.”
 
https://www.al.com/news/2018/12/deaths-of-ej-bradford-jemel-roberson-worry-black-gun-owners.html

Deaths of E.J. Bradford, Jemel Roberson worry black gun owners



Gun-rights advocates like to say, “The only way to stop a bad guy with a gun is with a good guy with a gun.” Some black gun owners, though, are not so sure it’s a wise idea for them to try to be the good guy and pull out a weapon in public.

Twice in the span of 11 days last month, a black man who drew a gun in response to a crime in the U.S. was shot to death by a white police officer after apparently being mistaken for the bad guy.

Some African-Americans who are licensed to carry weapons say cases like those make them hesitant to step in to protect others.

"I'm not an advocate of open-carry if you're black," said the Rev. Kenn Blanchard, a Second Amendment activist and host of the YouTube program "Black Man With a Gun TV," a gun advocacy show. "We still have racism. ... We still scare people. The psychology of fear, it's bigger than the Second Amendment."

The recent shootings of Jemel Roberson and Emantic Bradford Jr. amplified long-held fears that bad things can happen when a black man is seen with a gun.

Roberson was working security at a Robbins, Illinois, bar when he was killed Nov. 11 while holding at gunpoint a man involved in a shooting. Witnesses said the officer ordered the 26-year-old Roberson to drop his gun before opening fire.

But witnesses also reportedly shouted that Roberson, who had a firearms permit, was a guard. And a fellow guard said Roberson was wearing a knit hat and sweatshirt that were emblazoned "Security."

Bradford, 21, was killed Thanksgiving night by an officer responding to a report of gunfire at a shopping mall in Hoover, Alabama. Police initially identified Bradford as the gunman but later backtracked and arrested another suspect.

Ben Crump, a lawyer for the dead man's family, said witnesses claimed Bradford was trying to wave people away from the shooting. Crump said Bradford was licensed to carry a weapon but was presumably seen as a threat because he was a black man.

The two shootings have brought up some of the same questions about racist assumptions and subconscious fears that were asked after the killings of Michael Brown in Ferguson, Missouri, and Trayvon Martin in Sanford, Florida.

Trevor Noah, host of "The Daily Show," lamented Bradford's death.

"That's what they always say, right? 'The good guy with a gun stops the crime,'" Noah said. "But then if the good guy with a gun turns out to be a black good guy with a gun, they don't get any of the benefits."

In some other cases involving black men killed by police: Philando Castile was shot in a car in 2016 in Minnesota, seconds after informing the officer he had a gun. The officer was acquitted of manslaughter. And John Crawford III was shot in a Walmart in Ohio in 2014 while holding a BB gun he had picked up in the sporting goods section. Security footage showed he never pointed it at anyone.

According to the advocacy group Mapping Police Violence, 1,147 people were killed by police in 2017, 92 percent of them in shootings. While blacks made up 13 percent of the U.S. population, they accounted for 27 percent of those killed by police, 35 percent of those killed by police while unarmed, and 34 percent of those killed while unarmed and not attacking, the organization said.

Andre Blount of Tomball, Texas, once pulled out his shotgun to help a neighbor who was being attacked by an armed white man. The police eventually arrived and defused the situation, he said.

"For me, being a legally registered owner and having a concealed weapon permit, I feel like I have to be more careful than the next person," Blount said. "Because if not, the only thing anyone sees is a black man with a gun."

Blount said he tells younger black gun owners to really consider whether it's worth risking their lives in coming to someone's aid with a weapon.

“You want your kids to help someone, but you don’t want them to be shot trying to help someone,” he said. “It’s a sad thing.”
 
https://www.al.com/news/birmingham/...ssible-mall-shooting-protests-at-schools.html

Hoover prepares for possible mall shooting protests at schools


Threats to take protests over the deadly shooting of Emantic Fitzgerald “EJ” Bradford Jr. to Hoover schools continue to make the rounds on social media, and Hoover police stand firm in their stance that the protesters won’t get far.

“We will make sure that will not occur,’’ Hoover City Manager Allan Rice said. “We’ve said clearly that Hoover City Schools advised us they did not want any protest activity on their property. If protesters arrive, they will be given one opportunity to depart.”

Rice said city officials are aware that protesters have promised to start committing “arrestable” offenses. “We’ve heard that,’’ he said. “They have decisions they have to make about what they plan to do.”

“We certainly discourage them from taking that path, be we certainly are prepared for anything that might come up,’’ Rice said. “In terms of them committing arrestable offenses, we will respond accordingly.”

As a precaution, there was a heavy police presence Thursday staged at the Hoover Met, which included 20 law enforcement vehicles, a SWAT team and a paddy wagon of sorts. Hoover City Schools sent this message to parents: "We are aware of today’s social media posts regarding potential protests on the Hoover High School campus.

We are tracking these developments. We will address each and every situation with the necessary attention and procedures. We are in communication with local law enforcement officials as posts or other developments are brought to our attention.

Minimizing disruption on our campuses is a constant focus for us. Moreover, keeping your students safe remains our number one priority."

Today marks two weeks since Bradford was killed at the Riverchase Galleria on Thanksgiving night. Police said Bradford and at least one of his friends, 18-year-old Brian Wilson, were involved in an altercation with another group that included 20-year-old Erron Brown.

According to authorities, Brown shot Wilson and fled the scene. Two Hoover police officers were nearby and one of them shot Bradford while he was brandishing a handgun. Bradford was pronounced dead on the scene.

Brown’s attorney, Charles Salvagio, said all of the men involved knew each other. He said Brown is not guilty of any crime. The investigation is ongoing by the State Bureau of Investigation.

Since Bradford’s death, multiple protests have been held in Hoover including at the mall, outside Hoover Mayor Frank Brocato’s home, Sam’s Club, Walmart, Buffalo Wild Wings and on Interstate 459, where protests shut down traffic at the Interstate 65 interchange for about 20 minutes.

There has been some criticism of the way Hoover city officials and police have handled the protesters, saying they have given them too much latitude to disrupt.

Rice said in addition to keeping protesters off school property, they also said they will prevent traffic from being impeded. “That is not always predictable, such as Tuesday night. But we have very good plans in place,’’ he said.

On Tuesday night, a small caravan of protesters after marching at Walmart and Buffalo Wild Wings, stopped their cars, lifted their hoods, exited their vehicles, and joined arms to stretch across the interstate.

Rice said city officials don’t regret not making any arrests that night. Large tow trucks were brought in to load up the cars if the protesters insisted on staying. “They were given one warning and an opportunity to move,’’ he said. “When the tow trucks showed up, they moved.”

“It was handled appropriately with a single warning,’’ he said. “Will we handle it that way every time? Not necessarily. We’ve heard from a significant number of people who are grateful for the restraint the police department is showing.”

The city, Rice said, has an excellent network of camera coverage on its roadways, something they use year-round for traffic monitoring. Those cameras, he said, have come in handy during this time. The police department, he said, has a handle on the situation and a number of contingency plans in place. “Our police chief and commanders are making great decisions,’’ he said.

Rice emphasized that during the nearly two weeks of protests, there have been no injuries and no property damage. “We’re pleased to be able to say that,’’ he said. “Other communities who have experienced this type of unrest cannot make that statement.”

City officials are making the rounds with local media after largely remaining quiet initially after the incident and issuing only prepared statements. Rice said they have been waiting for the right to be able to share their thoughts on what is happening in the city.

“There was a deliberate decision to minimize our presence prior to (Bradford’s) funeral,’’ he said. “Regardless of any circumstances to be determined by investigation, there was still a family that suffered a loss and we wanted to be respectful of that. The funeral was an important benchmark for us.”

Though the protests have made a splash on social media and in the news, Rice said “this has not been a total disruption.”

“We are certainly hearing from people who watch the protests on a live feed and are upset but the majority have not been at a protest. If they weren’t on social media, they wouldn’t know they were happening,’’ Rice said. “These protests have been isolated in nature and location. They’re not happening all across the city. They go to a spot, move to another spot. There are some people who see it, but the majority does not.

“We have a lot of people living their lives. We need to go to work and school and church and shop,’’ he said. “There’s nothing we can do to move the timeline along.”

Rice said it’s too soon to tell whether the shooting and subsequent protests are having any impact on the mall itself. He said if there has been a decline in visitors to the mall, it is likely from the initial shooting itself rather than the sporadic protests held there.

“Anytime you have an event like that, attendance will be a little lower,’’ he said. “We’re hearing different things from different vendors.”

He said “destination stores” – meaning a shopper is going to the mall specifically to go that store – seem to be doing OK. The smaller shops which depend on foot traffic for much of their business have reported some reduction in overall volume. “We’ve had a couple of vendors say Black Friday was their biggest day ever,’’ he said.

“Until the mall gets its monthly numbers, we won’t really know,’’ he said. “There’s no clear barometer right now.”

While the State Bureau of Investigation continues its probe into the shootings, Hoover police are conducting their own internal investigation to determine whether the officer who fired the deadly shot was in compliance with the department’s policy and procedures. That officer – whose identity has not been released by any public officials – remains on paid leave.

The internal investigation, Rice said, is somewhat delayed because some of the information they need is not yet available to them from SBI. “We do not anticipate our internal investigation will be completed until ALEA completes their investigation and releases that back to us,’’ he said.

Morale within the department, he said, remains high. “The officers are absolutely resolute in doing their jobs. We haven’t had any officers express anything different,’’ he said. “They are being vigilant and watching out for one another and we are watching out for them. There are a lot of things we are doing that we obviously can’t go into detail about.”

He said the city and department have received a tremendous outpouring of support from surrounding law enforcement agencies. “We greatly appreciate what they’ve done,’’ he said.

Most importantly, Rice said, Hoover residents and visitors need to understand that the percentage of people who will actually encounter protests is low. “It’s easy to get caught up on things they see on social media, but they need to ask themselves, ‘Is this impacting my life?’’’ he said. “It’s important to keep the whole thing in perspective.”

“We’ve put out guidance on how they should react if they come in contact with the protesters, but we are not asking people to take any specific precautions and we are not telling anyone to stay away from certain places,’’ he said. “People may not like some of the behavior they see or the things they hear, but that’s a different situation than public safety. They might be offended, but they’re not unsafe.”
 
https://hooversun.com/news/groups-join-forces-to-bolster-police-shooting-protest-call-f126/

Groups join forces to bolster police shooting protest, call for 'war' against Hoover


Several groups have joined forces to bolster the protest over the Hoover police shooting at the Riverchase Galleria on Thanksgiving night and are calling for a "war" against the entire city of Hoover.

On Wednesday night, members of groups such as the Nation of Islam, Black Lives Matter, New Black Panther Party and Jefferson County Millennial Democrats gathered at Muhammad Mosque No. 69 in Birmingham for a “Justice for E.J. Community Forum.” An estimated 200 people were in the standing-room-only organizational meeting.

Speakers said it’s time to rally the troops for a war to get justice for Emantic “E.J.” Bradford Jr., who was shot and killed by a Hoover police officer on Nov. 22 as the officer responded to another shooting in the mall — and the target of that war is the entire city of Hoover.

Protesters and Bradford’s family have said the shooting was unjustified and that the police officer should be charged with capital murder. The attorney for Bradford’s family said Bradford was shot three times from behind as he fled the scene of the shooting.

Hoover police have placed the officer on administrative leave while the Alabama Law Enforcement Agency investigates Bradford’s shooting and the shooting of an 18-year-old Birmingham man and 12-year-old girl.

Hoover officials have said the investigation is out of their hands and pleaded with the public to be patient, but protesters are demanding action even before the investigation is complete.

THREATS TO ESCALATE THE 'WAR'

On Wednesday night, speakers at the mosque made it clear this “war” is about much more than Bradford’s death and is about to escalate.

Carlos Chaverst Jr., one of the protest leaders, said they will continue almost daily protests in Hoover and are preparing for a huge protest next week.

Cara McClure, another leader, said they are bringing in people from out of state this weekend to train people here how to effectively conduct protests.

“It’s time to go to jail. We’re going to do some arrestable actions,” McClure said. “It’s our time to fight. … I’m bringing in folks from all across the country to prepare for battle because we’re going to shut down Hoover.”

Tremon Muhammad, the student minister for Muhammad Mosque No. 69, said this protest is even bigger than Bradford. “E.J.’s life was sacrificed for a bigger cause,” Muhammad said.

Ben Crump, a civil rights lawyer from Florida who is the lead attorney for Bradford’s family, said black people have been victims of a racist criminal justice system for many years. While black men make up only 7 percent of the U.S. population, they make up more than 40 percent of the people in prison and almost 50 percent of the people on Death Row, Crump said.

“Either black men are some evil, nefarious, thuggist, criminal-minded people, or the criminal justice system is broken,” Crump said. “I refuse to believe that black men are worse than any other men walking the face of the Earth.”

Le’Darius Hilliard, president of the Jefferson County Millennial Democrats, said black men all over the country have been killed for being black, and now it’s happening here in Alabama.

“There’s no way I can sit here and believe that we’re here in Birmingham, Alabama — the heart of the civil rights movement — and we have these fantastic genes that come from power and strength and struggle and pain, that we can’t overcome this situation we’re facing today,” Hilliard said.

A NEW MARTIN LUTHER KING AND MALCOLM X?

Hilliard described himself as being like Martin Luther King Jr. because he believes in nonviolent protesting, and described Chaverst as being like Malcolm X, who challenged his followers to defend themselves against white aggression “by any means necessary.”

Hilliard said the protesters are in a phase now that if authorities don’t know that protesters aren’t playing with them, no change will take place.

“If we don’t shut down traffic on I-65 and make everybody that’s getting off work feel very uncomfortable for three to four hours and we don’t walk into Walmart and clear the whole building out and no sales tax dollars are being made and we don’t clean out parking lots all across the city of Hoover that’s selling and making sales tax dollars in the city of Hoover — If we don’t shut the whole city of Hoover down, nothing will happen,” Hilliard said.

The fatal shooting of 20-year-old Bonita Carter by Birmingham police in 1979 led to massive demonstrations and the election of Birmingham’s first black mayor and later a black police chief, but what did the black community win, Hilliard asked. “Now is the time to build on the momentum that is already set,” he said. “The nation is watching us now. … We need to continue to fight for freedom and justice.”

Muhammad said police have no problem arresting black people who are killers, “but we want justice when it comes to those rogue police officers.”

Muhammad said the Nation of Islam is not on the front lines in the protests because “the Nation of Islam does not subscribe to the theory of nonviolence. If they were to go out there and physical confrontations occurred, they would fight back, he said. "If we go out there, we ain’t going out there to play," Muhammad said.

But the Nation of Islam people in Birmingham support the protest 1,000 percent, he said.

TARGETING HOOVER

At Wednesday night’s meeting, Muhammad played a video clip from a Louis Farrakhan speech he said was in Birmingham in 1990. In the clip, Farrakhan told the crowd that when Birmingham elected a black mayor, whites began to flee the city, and when blacks began to move into formerly all-white neighborhoods, whites began to move out.

“They took their money and their businesses, and they set up a new town — a new city, and they called it Hoover,” Farrakhan said. “They built up shopping malls to attract you from Birmingham, that you will spend your money in Hoover where you don’t live. Hoover’s tax base will be able to expand from your money, that they may give to their citizens.”

Farrakhan encouraged black people to quit spending their money in Hoover and instead take over downtown Birmingham and build it up.

Muhammad said “we didn’t heed the call 28 years ago, but we’ve got to heed it now. Hoover does not want us there, so we have to build up our own city, build up our own people.”

Faya Ora Rose Toure, a civil rights activist and attorney from Selma, told the crowd there has been no movement in civil rights in Alabama for a long time.

“Alabama has been too silent, too long,” she said. “We are at a critical stage in our struggle, but I am encouraged because there is a movement going on in Birmingham, Alabama. Nobody should go to Hoover to buy a single thing.”

Chaverst said protesters are just beginning the fight in Hoover.

“Hoover is already on the decline economically,” he said. “They’re going broke, and we’re going to help them go broke. … We have shut down the Riverchase Galleria. We have shut down the movie theater. We’ve shut down the Sam’s Club in Hoover. We have stopped these happy white folk from lighting up a Christmas tree. We went to the mayor’s house and interrupted his entire Ross Bridge neighborhood. We will shut down every single thing in Hoover until justice is served not only for this family, but until we make sure this doesn’t happen again.”
 
OTHER BLACK VOICES

Meanwhile, others in the black community are taking a more moderate stance.

Eric Guster, a black Birmingham attorney, said in a Facebook video to thousands of followers that he isn’t taking sides on the issue but wanted to explain some of the legal issues involved in the case.

Even if evidence indicates the Hoover police officer shot Bradford from behind, the shooting still could be ruled justified if it is determined the officer feared for his life or the life of someone else in the mall, Guster said. He compared it to someone shooting an intruder in their home from behind when the intruder is attacking their children.

In active shooter situations, officers don’t necessarily have to give verbal commands before they shoot, Guster said. And officers are trained to shoot to kill in such situations, he said. “You don’t shoot to hurt. You eliminate the threat,” he said. “Even if a person’s back is turned, if they fear for the life of someone else, they can use deadly force.”

Also, Guster said he’s aggravated that a black man was shot by the police, but he doesn’t have all the information. He would like to see the videos of the shooting, he said.

However, from a legal perspective, “it’s very important that they don’t share the video (right now),” Guster said. “When you have hundreds of witnesses, dozens and probably hundreds of witnesses, you don’t want them to see information you are about to ask them about because people will lie and change their testimony to shape what they saw in reference to a shooting or an event.

“They need to make sure that the investigation is carried out properly, and it does take time,” Guster said. “It’s probably right that they don’t release that tape until they complete the investigation because it’s going to absolutely taint the investigation if it’s released.”

People could try to intimidate witnesses seen on the video to testify a certain way, and the jury pool could be tainted as well, he said. “You want to make sure the investigation is carried out thoroughly and it comes to a fair conclusion.”

Guster said he does take issue with police allowing the Riverchase Galleria to reopen to the public about eight hours after the shootings take place.

“The entire 2.5 million square feet of the mall is a crime scene,” he said. “It’s shameful that they opened the mall so fast.”

When the mall reopened at 6 a.m. the next morning, people could have disturbed evidence, Guster said. There were reports of police finding a gun in the Santa’s Village area of the mall the next day after the mall reopened.
 
https://wbhm.org/2018/governor-and-...igation-some-want-more-information-from-alea/

Governor and Lawmakers Asking for Patience From Public in Hoover Shooting Investigation, Some Want More Information From ALEA

Alabama Gov. Kay Ivey pledged Monday that information about the shooting death of an armed man by police would be made public, but she urged patience.

“This is a very serious situation going on in Alabama right now,” Ivey said in a statement to BirminghamWatch. “The State Bureau of Investigation is in charge of the homicide investigation and I trust their report will shed light on what really happened. We have to allow them time to gather all the information and I assure you, when their investigation is complete, the truth will come out.”

There is no specific timeline for state law enforcement to complete its inquiry into the death of Emantic “EJ” Bradford Jr., 21. Video of the shooting likely won’t be released until the investigation is done. Meanwhile, at least one state lawmaker has asked for its release, along with more information, to the public.

Bradford’s is the 13th police-involved fatal shooting in the state this year, according to The Washington Post.

Public protests followed in the two weeks after Bradford’s death and more are planned.

“The best thing we can do is wait for all the facts to come out, and that takes time,” state Rep. Allen Treadaway, R-Morris, said Monday. “Let the facts lead to the conclusion.”

Treadaway is the assistant police chief in Birmingham and chairman of the Alabama House’s Public Safety and Homeland Security Committee.

“We just ask that people be calm and allow this process to work out,” Treadaway said.

At least three people have been arrested for their participation in protests, Hoover officials said Monday.

When State Bureau of Investigation agents complete their work, information, including body camera video of Bradford’s shooting, will be turned over to the district attorney’s office, ALEA spokeswoman Robyn Bradley Bryan said Monday.

Bradford, 21, was shot by an on-duty officer responding to a shooting call Thanksgiving night at Riverchase Galleria mall in Hoover. Bradford was armed and had a gun permit, the Associated Press has reported. His family has said he was shot three times from behind.

Erron Brown has been arrested in connection with the initial shooting. Hoover police first reported that Bradford was the gunman who shot and wounded two people, but they recanted that claim within hours.

Police in Hoover said they can’t release video or other evidence because the case is being investigating by the Alabama Law Enforcement Agency. State officials have refused to release any information, saying that to do so could harm the continuing probe, the AP previously reported.

Alabama House Minority Leader Rep. Anthony Daniels, D-Huntsville, said his colleagues have been urged by constituents to speak out about the shooting.

“Right now, lawmakers are just trying to figure out how to respond, besides urging ALEA and the local police to get the tape released,” Daniels said Monday.

Daniels said he sent the head of ALEA late last month a letter urging that the video and as much information as possible about the shooting be released to the public “to bring clarity to the situation.”

“Right now, everyone is speculating on what happened,” he said. “We don’t know.”

The situation was worsened by the initial statements that Bradford was the shooter, Daniels said.
 
https://www.al.com/news/birmingham/...e-over-riverchase-galleria-shooting-case.html

AG Steve Marshall takes over Galleria shooting case, cites Jeffco DA’s potential conflict of interest


The Alabama Attorney General’s Office is taking over the case of the Thanksgiving shooting death of Emantic Fitzgerald “EJ” Bradford Jr. and the wounding of two other people inside the Riverchase Galleria .

Attorney General Steve Marshall said his office is assuming jurisdiction after the admission by Jefferson County District Attorney Danny Carr in a letter to Marshall of the presence of potential conflicts between himself and key parties in the case. Marshall met with Carr on Monday in Birmingham, and said he also has had multiple conversations with him. Efforts by AL.com to reach Carr were not immediately successful.

Carr’s potential conflicts appear to be his relationships with several of the organizers of ongoing protests over Bradford’s death. The day after the Nov. 7 election, Carlos Chaverst Jr. posted this on Facebook, accompanied by two photos of himself with Carr.

“Mannnnnnnnnnnn last night was historic. My brother Danny Carr was elected as the first black District Attorney of Jefferson County. This journey began over a year ago. After it was known that Mr. Charles Henderson couldn’t serve as DA, Danny was appointed as Interim DA. That day we launched a campaign asking Governor Ivey to appoint him to the seat until the election. After garnishing thousands of signatures and running an extensive campaign, it still didn’t sway her. We knew than we wanted Danny Carr elected as DA and that’s what we got.”

Chaverst in 2017 had launched a petition for the governor to keep Carr as district attorney, netting more than 1,500 signatures. Also, protester Le’Darius Hilliard attended Carr’s swearing in on Wednesday.

State Rep. John Rogers, D-Birmingham, said national civil rights leaders are prepared to take part in expanded protests if there is an indication that Marshall’s investigation leads to a cover-up. Rogers spoke to the media outside the attorney general’s headquarters after Marshall’s press conference.

“If there’s any hint of a cover-up, there will be massive protests from Birmingham to Montgomery by national people,” Rogers said. “And they told me to tell right now that they’re waiting to see what’s going to happen.”

Asked who might be involved, Rogers said, “Al Sharpton and everybody. Jesse (Jackson), NAACP, everybody. It’ll be like in 1960.”

Initially, the Jefferson County Sheriff’s Office was brought in to investigate the case at the request of Hoover police and then-District Attorney Mike Anderton. It is standard procedure for an outside agency to investigate officer-involved shootings.

Two days after the shooting, however, Anderton asked the State Bureau of Investigation to take over the probe at the request after authorities determined a potential key witness in the mall incident is a cousin of the wife of Jefferson County Sheriff-Elect Mark Pettway.

Since then, Carr has taken office and assumed responsibility for the case. Marshall said Carr shared with him another potential conflict -- the officer involved in the deadly shooting is a material witness in at least 20 cases pending in Jefferson County. "Those are 20 victims who deserve justice like other victims in other cases,'' Marshall said.

Marshall said Carr did not ask to be recused from the cases. "He specifically told me he would like to continue this case and did not ask to be recused,'' Marshall said.

He shared his response to Carr’s letter:

“I have reviewed your December 11th letter regarding your prosecutorial role in the shooting death of Emantic ‘E.J.’ Bradford, Jr.,” Attorney General Marshall wrote District Attorney Carr. “Based on the information you provided in that letter and our multiple conversations on the subject—particularly your acknowledgement that ‘a fair-minded, objective observer could conclude that a conflict exists’—I have determined that the National Prosecution Standards dictate your recusal from the investigation of each of the shootings that occurred in the Riverchase Galleria on Thanksgiving night, not just E.J. Bradford’s.” Marshall continued, “While I have no reason to believe that you are actually biased or compromised, I agree that other fair-minded persons might question your neutrality based on the information that you provided in the letter and during our private conversations. For example, you state that the officer who shot Mr. Bradford is either the charging officer or a witness in approximately 20 cases pending in your office. A fair-minded Defendant (or family member) in those cases could question whether you and/or your prosecutors are biased in favor of protecting the officer from prosecution because the officer’s testimony may be important in his or her case. On the flip side, you acknowledge personal relationships with some of the protesters who are calling for the officer who shot Mr. Bradford to be criminally prosecuted, which could lead a fair-minded person to question your bias in favor of indictment. I have weighed these factors and others mentioned during our conversations and agree that, when taken as a whole, these factors warrant recusal under Rule 1-3.3(d).”

Marshall said under National Prosecution Standards rule 1-3.3(d), the prosecutor should excuse himself or herself from any investigation, prosecution, or other matter where personal interests of the prosecutor would cause a fair-minded, objective observer to conclude that the prosecutor’s neutrality, judgment, or ability to administer the law in an objective manner may be compromised.

Marshall further noted that his office would also prosecute the shootings of 18-year-old Brian Wilson and 12-year-old Molly Davis.

“Your letter requests guidance on the ‘officer-involved’ shooting of E.J. Bradford; it does not mention the shootings of Brian Wilson and Molly Davis. However, it is my understanding that all three shootings were part of a single chain of events. Thus, the investigation of Mr. Bradford’s shooting is inextricably intertwined with the investigation into the shootings of Mr. Wilson and Ms. Davis and must be conducted by the same entity. Accordingly, to guard against inconsistent prosecutorial decisions, you must also excuse yourself from those investigations.”

Carr issued a statement after the press conference that confirmed his meeting with Marshall during which the attorney general “notified me that he believes there are several factors taht may exist which could possibly lead the public to believe a conflict may exist between the Jefferson County District Attorney’s Office and the parties involved in the Thanksgiving Day Galleria shooting. However, as I stated to Attorney General Marshall, the Jefferson County District Attorney’s Office stands ready and capable to proceed with this case based on the facts and evidence once provided, and the law as it currently exists.”

“Despite the Attorney General’s Office intervention in this instance, the Jefferson County District Attorney’s Office will continue to seek and ensure justice for all citizens of this county. I trust that justice will prevail.”

Carr said he would have no additional comment.

Shortly after Marshall’s press conference ended, Chaverst posted on a Facebook a photo of himself with Marshall accompanied by this: “Due to my personal and close relationship with Alabama Attorney General Steve Marshall, I’m asking that he and his office recuses himself and themselves from the pending case of those involved in the shooting death of Emantic “EJ” Bradford Jr. It should not be fair the Attorney General is prosecuting the case when he and I have a personal and close relationship. I also have copies of emails and letters sent to Steve Marshall’s office and campaign on several occasions. There seems to be a conflict of interest. I’m asking that the federal government take over this case.” Hilliard also posted a photo of himself with Marshall which much the same status attached.

A spokesman for Marshall’s office said the photos of the attorney general with Chaverst and Hilliard were taken May 5, 2017 outside Advent Episcopal School in Birmingham during a Safe School Award presentation. Chaverst and Hilliard were there to protest the Attorney General’s Office as part of their demonstrations over alleged wrongdoing at the Birmingham Water Works Board. Marshall’s office said he does not have any kind of relationship with Chaverst or the others.

Later Thursday afternoon, Chaverst and Hilliard, joined by activists Frank Matthews and Iva William, held a press conference outside the attorney general’s office, calling for Marshall to recuse.

Chaverst made a personal appeal to Marshall, who he called a friend. The four men held up a poster-size photo of Chaverst and Marshall from the May 2017 picture.

“My friend, Steve, you and I go way back,” Chaverst said. “I’m asking you to please do the right thing. Recuse yourself from this investigation. You know how things are, brother. You know things don’t have to be this way. You know that this right thing is not for yourself to get involved and to really make this about you.

“Please Steve, do the right thing and recuse yourself, brother. Let justice play out like justice should play out. You should not interfere, Steve, with justice. This is not what justice is. Justice should be served, Steve. And we’re looking for you to really set the tone and allow it.”
 
Williams said it was wrong that the prosecutor elected by voters in Jefferson County, a Democratic stronghold in a Republican-dominated state, was not being allowed to handle such an important case.

“The largest case in Jefferson County, the highest profile case, the first one that comes along, and then our district attorney is removed,” Williams said. “And it just begs to ask the question, if every time something goes on in Jefferson County, not only do we have to worry about home rule when it comes to governing ourselves, but also we have to worry about the state of Alabama imposing itself when we seek justice.

Hilliard said the effects of how the case is handled will be far reaching.

“In 2018, the words of Dr. Martin Luther King are just as relevant as they were then,” Hilliard said. “A threat to justice anywhere is a threat to justice everywhere. And right now, justice is being threatened by the hijacking of our friend, Steve Marshall, over this case.”

The shooting happened just before 10 p.m. Thanksgiving night on the second floor of the Riverchase Galleria. Hoover police said an argument between several young men led to gunfire. Wilson was wounded, as was bystander Molly Davis, who took a bullet to the back. Bradford was shot by a Hoover police officer, who was in uniform and on-duty as part of a beefed-up holiday shopping detail.

Bradford was pronounced dead on the scene. Eight other people were treated by paramedics for injuries sustained while fleeing the gunfire.

Within hours of the shooting, Hoover police said Bradford was the shooter. The following day, however, they retracted that statement.

According to authorities, 20-year-old Erron Brown, involved in the altercation with Bradford and Wilson, shot Wilson and fled the scene. Brown is charged with attempted murder in the shooting of Wilson.

The U.S. Marshals Service arrested Brown in Georgia on Nov. 29. Though his name had quickly surfaced as a suspect in the case, authorities withheld his identity while law enforcement officers searched for him.

Brown’s attorney, Charles Salvagio, said all of the men involved knew each other. He said Brown is not guilty of any crime.

Multiple protests have been held over the Bradford case. The highest-profile demonstration took place Tuesday, Dec. 4, when they protested at several Hoover businesses and then got on Interstate 459 and ultimately stopped at the Interstate 65 interchange. They got out of their vehicles and locked arms while standing across the roadway.

Police blocked the Hoover entrances to I-459 during the protest. Dozens of lawmen, some riding on police SUV running boards, flocked to the scene and ultimately dispersed the crowd. Several large wreckers were brought in by the city and protesters were told if they did not move out of the roadway, their cars would be towed, and they would be arrested. No arrests were made that night, and the protesters contend that the police were the ones who shut down the interstate.

Since then, six protesters have been arrested. Four of those – Carlos Chaverst Jr., Mark Myles, Sherrette Spicer and Andy Baer – have been charged with disorderly conduct in connection with the I-459 shut down. Chaverst also has two other disorderly conduct charges and a loitering charge for wearing a mask to a protest at Renaissance Ross Bridge. A Vestavia Hills woman, Anne Susan Diprizio, is also charged with disorderly conduct for a lone protest she held on U.S. 31 Dec. 6.

Police say Diprizio was throwing Christmas ornaments into traffic, and tried to climb on the hood of a motorist’s vehicle while stating she was “going to stop traffic until there was justice for EJ.”

Martez Lamar Parker, 25, was arrested Wednesday night during a protest at Target at The Grove shopping center.

Previous protests have been held at the Galleria, Hoover City Hall, Sam’s Club, the home of Hoover Mayor Frank Brocato, and Hoover’s Public Safety Center. Chaverst’s arrest took place at the latter, while a group of about 30 were protesting outside the city jail.

They are demanding that video of the deadly shooting be released and also want the officer who shot Bradford to face criminal charges.

Marshall said he has put together teams of investigators to work on the shooting cases. “I believe strongly in the team we have assembled,” he said, “that they will seek justice in the case,”
 
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