Document text
3 of 3 Premium Clicks used this month SUBSCRIBE Print + Online Subscriber Activation | Register x Forgot Password | Need an Account? e-edition | subscribe | newsletter | deals Home News Latest Stories Kent Bush: Clinton 2.0 is neither new nor improved Medford man dies after being struck by truck in crosswalk 10 things to know for Monday Emergency Services, April 13 Luxury rehab center planned at former Circle of Teran church Crime, Courts and Emergency Services Medford man dies after being struck by truck in crosswalk Emergency Services, April 13 Emergency services, April 12 Emergency services, April 11 Jury awards more than 200K in Rogue River dog-barking case, orders dogs debarked Politics and Elections Kent Bush: Clinton 2.0 is neither new nor improved Arthur I. Cyr: Britain’s earthquake election Former state Senate President Brady Adams dies Arthur I. Cyr: Afghanistan progress is uneven but undeniable Jackson County Commissioners plan no tax on marijuana for one year Education Prepping before 9th grade Shumate says initiatives will require reserve spending Eagle Point school district violated union members' constitutional rights, federal judge says SOU celebrates Arbor Day early with awards and talks SOU student's play heads to the Kennedy Center in Washington, D.C. Environment Central Point's Arbor Day project will provide shade along Mingus Creek Evans Creek dams on track for removal this summer Nearly 400 steelhead die in Applegate fish-trap failure Forum looks at Crater Lake wilderness proposal A place to play State News Grants Pass state rep walks away from motorcycle crash unscathed Senators join in Oregon Caves dedication Forest Grove spelling bee celebrates bilingual students Oregon lawmakers, counties spar over public safety spending Runners to follow historic salmon migration path Nation - World Tsarnaev convicted on all charges in Boston Marathon bombing Obituaries Barrie A. Witte Janie Denise Hernandez Herman Donald Higday Jack Howe Parker Toni Adams Bianchini Weather Photo Galleries Since You Asked Videos Web Cams Mail Tribune 100 Shareable Sports Latest Stories Fantasy Sports: Injuries piling up to start season Bats come alive for Ducks in win Heir Jordan Nieves' grand slam lifts Padres past Giants Expansion Orlando City defeats Portland Varsity 541 College Sports Bats come alive for Ducks in win Chaos, wins evenly distributed for Raiders UO’s Lockie sharp in spring practice Ducks top OSU on bases-loaded walk in 9th Strong pitching gives SOU pivotal sweep Pro Sports Heir Jordan Nieves' grand slam lifts Padres past Giants Expansion Orlando City defeats Portland Booker, Jazz upset Blazers Guthrie, Moustakas lift Royals to victory Community Sports Wilson delivers in return of local boxing Palmer breezes to second straight men’s title Business Latest Stories Cars We Remember: 1964 Olds F-85 owner seeks information Ride & Drive: 2015 Honda Odyssey Silvio Calabi: Passat 1.8T Sport is satisfyingly rational New bosses take charge at Harry & David Erickson shores up business with three contracts Real Estate News Jackson County median home price hits $215,000 in first quarter People In Business People in Business, March 26, 2015 Transportation Erickson shores up business with three contracts Lithia Motors shares break the $100 mark Road to health: Bike and pedestrian paths play greater role in transportation project funding Agriculture New bosses take charge at Harry & David Dancin Vineyards covers up Broth maker leaves San Diego for Medford Opinion Latest Kent Bush: Clinton 2.0 is neither new nor improved Granlund cartoon: Hillary 2016 bid Letters to the Editor, April 13 Kathleen Parker: Rolling Stone gathers dirt — on itself Our View: Medford School District's new spending appears prudent Editorials Our View: Medford School District's new spending appears prudent Other Views: Keep Klamath water plan moving in Congress Our View: Emails contradict claims of Kitzhaber, Hayes Our View: All ethics reform bills should get a hearing Our View: Cheers and jeers Letters to the Editor Letters to the Editor, April 13 Letters to the Editor, April 12 Letters to the Editor, April 10 Letters to the Editor, April 9 Letters to the Editor, April 8 Columns Kent Bush: Clinton 2.0 is neither new nor improved Kathleen Parker: Rolling Stone gathers dirt — on itself Dana Milbank: After another tragedy, signs of progress George Will: Containing Iran's nuclear intoxication Charles Krauthammer: The Iran deal: What we've given up Guest Opinions Guest Opinion: Removing barriers to walking, biking benefits everyone Guest Opinion: Conversion therapy on LGBT youth is child abuse Guest Opinion: Pot opponents have good reason for concern Guest Opinion: If Courtney kills bill, $15 minimum wage will go to the ballot Guest Opinion: Phoenix embraces Bee City USA designation Lifestyle Latest stories Cars We Remember: 1964 Olds F-85 owner seeks information Wry & Ginger: Commencement-speech gigs have a hold on academia Paul Rogers: Schedule your time wisely Ride & Drive: 2015 Honda Odyssey It Is What It Is: The importance of the pick-me-up Food Community blog: U.S. dietary guidelines change little with the times Season Stepp: Try farmer’s market sunchoke in a creamy potato soup Page H. Onorato: Bringing spring to the dinner table Tammy Kelly: Asparagus is in season Power of 5 Home and Garden Paul Rogers: Schedule your time wisely Home Help: 3 upgrades to help give your bathroom spa-like panache Cry babies, it’s time to plant onions Garden Cameos: Good soil foundation of fabulous garden Ceramic tile: How it’s made and what’s new Health Go get physical Community blog: Better Living By Design: A Symposium You Must Not Miss Health Watch: Combat common running and walking ailments Dr. Jeff Hersh: Distracted driving Dr. Murray Feingold: Keep laundry detergent packets away from kids Hiking Biking Faith Religion briefs: Friday, April 10 Religion briefs: Friday, April 3 Religion briefs: Friday, March 27 Religion briefs Religion News: Presbyterian Church gives approval on same-sex marriage Milestones and Achievements Charlesworth-Murphy Drizzle doesn't dampen Pear Blossom Parade spirit New Arrivals: Sunday, April 12 Haga-Parks Columnist for a Day Rogue Healthy Aging Tempo Latest stories 'BRAND,' 'Western' among Ashland Independent Film Festival award winners The ABBA Show comes to the Craterian Theater in Medford Five picks for entertainment this week The Brothers Reed celebrate new CD 'Sick as Folk' Live Music in Local Clubs Theater Oregon Cabaret Theatre's "The Musical!" delivers five clever Broadway parodies in Ashland OCT stages 'The Musical of Musicals (The Musical!)' Auditions for youth musical set at Camelot Review: From past into present in OSF's 'Long Day's Journey' ‘A Dream of Red Pavilions’ at the Oregon Shakespeare Festival Music The ABBA Show comes to the Craterian Theater in Medford The Brothers Reed celebrate new CD 'Sick as Folk' Britt Festivals line-up kicks off June 6 Rhythm is on tap at the Northwest Percussion Festival Gene Burnett tonight at Liquid Assets in Ashland Community Events 'BRAND,' 'Western' among Ashland Independent Film Festival award winners Ashland Co-Dependent Film Festival 2015 Pear Blossom Festival kicks off in Medford Ashland Independent Film Festival announces 2015 lineup Hip-Hop Poetry Open Mic at the Oregon Shakespeare Festival Dining Restaurant inspections, April 12, 2015 La Tapatia offers authentically delicious cuisine RESTAURANT INSPECTIONS: Sunday, April 5 The Laughing Clam in Grants Pass offers seafood-heavy menu Standing Stone owners to open Medford brewpub and restaurant Tempo Videos Classifieds Jobs Autos Real Estate FEATURED » Obits Blogs TV Listings Movie Listings Oregon Outdoors Oregon Healthy Living Special Sections Business Services NEWS NOW As Talent businesses close, council hears economic development plan ... Grants Pass state rep walks away from motorcycle crash unscathed ... Senators join in Oregon Caves dedication ... As Talent businesses close, council hears economic development plan ... Grants Pass state rep walks away from motorcycle crash unscathed ... Senators join in Oregon Caves dedication ... Matthew T. Mangino: Shooting a fleeing suspect in the back By Matthew Mangino More Content Now MailTribune.com By Matthew Mangino More Content Now Posted Apr. 10, 2015 @ 6:34 am By Matthew Mangino More Content Now Posted Apr. 10, 2015 @ 6:34 am » Social News p bs:newslist StartDate="20121121" EndDate="p bs:datecalc Months="3"" DateSort="1" UseObjects="1" ObjectClass="81" Taxonomywords="2325,665" ExactTaxonomyMatch="1" Image="1" Count="4" --> Forty years ago, Tennessee state law authorized the use of deadly force to stop a fleeing suspect. The statute provided, “if, after notice of the intention to arrest the defendant, he either flees or forcibly resists, the officer may use all the necessary means to effect the arrest.” On an October night in 1974, two Memphis police officers were dispatched to a reported burglary. One officer went looking for the suspect as his partner radioed back to the station. The officer observed a person running through the yard. The fleeing suspect, Edward Garner, stopped at a chain-linked fence. The officer could see Garner’s face and hands, and admitted that Garner did not appear to be armed. Garner was small in stature and was only 15 years old. The officer ordered Garner to stop. Garner began to climb the fence and the officer shot him in the back of the head, killing him. The officer believed that had Garner made it over the fence he would have escaped. Garner died with $10 and a purse taken from the burglarized house. This week, the video of a South Carolina police officer shooting a black man in the back as he ran away has renewed the debate about police use of force. Michael Slager, a North Charleston police officer, said he shot 50-year-old Walter Scott in self-defense after Scott grabbed his Taser. He is facing a murder charge after a video surfaced that disputed his claim. The video depicts Scott running away, and the evidence indicates he was shot in the back. Attorney Benjamin Crump, who represents the family of Michael Brown, an unarmed black teenager killed by a police officer last summer, told the USA Today, “Those who shoot and kill suspects often escape prosecution because the criminal justice system places a high value on an officer’s word and often accepts their narrative of events.” In 1974, Edward Garner’s family sued the city of Memphis and the state of Tennessee. The case ultimately made its way to the U.S. Supreme Court in 1985. The high court in Garner v. Tennessee held that, under the Fourth Amendment, when a law enforcement officer is pursuing a fleeing suspect, the officer may not use deadly force to prevent escape unless the officer believes that the suspect poses a significant threat of death or serious physical injury to the officer or others. Justice Byron White wrote, “It is not better that all felony suspects die than that they escape.” He continued, “The fact that the police arrive a little late or are a little slower afoot does not always justify killing the suspect.” White, writing for the majority in Garner, established the circumstances under which deadly force would be justified. Deadly force can be used when the officer reasonably believes that the suspect posed “a threat of serious physical harm, either to the officer or to others.” Recent deaths at the hands of the police — Michael Brown, in Ferguson, Missouri, Eric Garner in New York City and 12-year-old Tamir Rice in Cleveland — have brought officer involved killings into the public consciousness. Brown was unarmed when he was shot and killed by police; Garner died after being put in a chokehold by a police officer during an arrest for allegedly selling cigarettes; Rice was shot in a park while holding a pellet gun. The first step in dealing with abuse of power is to hold the abuser accountable. In South Carolina accountability appears to be underway. Officer Slager has been fired and charged with murder. Maybe now the healing can begin and public trust restored. Matthew T. Mangino is of counsel with Luxenberg, Garbett, Kelly & George P.C. His book “The Executioner’s Toll, 2010” was released by McFarland Publishing. You can reach him at www.mattmangino.com and follow him on Twitter at @MatthewTMangino. By Matthew Mangino More Content Now MailTribune.com By Matthew Mangino More Content Now Posted Apr. 10, 2015 @ 6:34 am » Comment or view comments /* $( document ).ready(function() { // Jquery mobile is trying to style the button and leaving a blank gry button on top of a white button $("#viafouracoms .vf-comment-controls li.vf-right").html(' Submit '); });*/ » STAY INFORMED Email NewsLetter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. calendar Connect with MailTribune.com Facebook Twitter RSS Back to top Reader Services Reader Services Home Subscriptions Subscriber controls Contact us Submissions Photos Events Letters to the editor Corrections Announcements Obituaries Story ideas Since you asked Alerts Email Alerts RSS Feeds Text Alerts Advertise Media Kit Home Products and services Ad rates Advertising contacts Mail Tribune Daily Tidings The Nickel Shop Our Valley Blogs Stay Informed Email newsletter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. Your privacy is important, read our privacy policy. © Copyright 2015 Local Media Group, Inc. All Rights Reserved. Privacy Policy | Terms of Service | Local Media Group Publications Original content available for non-commercial use under a Creative Commons license, except where noted. MailTribune.com | P.O. Box 1108, Medford, OR 97501