May 04, 2004
Holding Sean Macomber Accountable
Public Discussion Continues To Skirt Officer's Responsibility
We feel that we must note that in one of its editorials today, The Oregonian writes of James Jahar Perez:
... But he's also dead today in part because [Officer Jason] Sery and Officer Sean Macomber weren't used to working together, had different styles and were even trained in different weapons.
They almost went where this discussion needs to go, but not quite. Now they just need to take the first part of this observation to what we believe is the next logical conclusion: That, as far as the police side of this incident is concerned, it was Macomber who most directly contributed to the situation spiraling out of control.
During last week's inquest, Dr. William Lewinski testified that an officer's greatest fear is that of losing control.
What continues to plague us about the Perez shooting is that when faced with the loss of both visual and verbal control over Perez -- in other words, when Perez opted to roll up his window -- his solution was immediately to escalate to physical control by rushing the vehicle, yanking open the driver's door, and apparently trying to remove Perez from his seat.
In our opinion, this inevitably led to further loss of control over the situation.
Robert King, president of the Portland Police Association, has expressed his bizarre concern that officers in the field may become so pre-occupied by having to write reports and face public review that they will become incapable of properly performing their duties.
Of much greater concern is the apparent pre-occupation of some officers with not appearing overly weak by choosing to back off and call for assistance rather than charging headlong into a problem situation in an attempt to resolve it entirely on their own.
Lewinski also testified last week that much of the public has a misconception of police work because of how it often is portrayed by popular culture. Perhaps he -- as well as Robert King and The Oregonian -- might want to be more concerned about those police officers who themselves seem to believe that their jobs -- or their reputations -- require them to play the role of gung-ho superhero.
It's important that the significance of Macomber's decisions on the scene become part of the public conversation about the Perez incident, which is why we belabor the point.
As reported today by The Oregonian, the use-of-force review board which Chief Derrick Foxworth wants to create might not be in place in time to consider this particular officer-involved shooting.
That board will have citizen members, who will have a vote on recommended discipline against officers. But if it won't exist in time for the issue of Macomber's actions to be raised by citizens in such an official capacity, then we need to make sure that they are raised by outside pressure upon existing internal review procedures in the meantime.
Comments (6)
Rob on 04 May 2004
First of all, today's Oregonian editorial made me sick!
The Oregonian writes...
"A three-day inquest into Perez's death last week convinces us that the shooting by Officer Jason Sery was justified. The officer had the latitude, under the law, to do what he did to protect himself."
How is it the inquest is what convinces them the shooting was justified? As recently as the Kendra James shooting we have been reminded of the latitude, under the law, that an officer has if he simply says he feared for his life. Did anyone think Sery or Macomber would not say they were fearful for their lives?
The Oregonian writes....
"
True, Perez put himself at risk because he was uncooperative and under the influence of drugs. But he's also dead today in part because Sery and Officer Sean Macomber weren't used to working together, had different styles and were even trained in different weapons"
Uncooperative and under the influence of drugs? Possibly, but just how uncooperative can you be in 24 seconds? Especially if "uncooperative" is the term used to describe Perez's response to Macomber's aggressive tactics initiated within approximately 12 seconds of the traffic stop.And under the influence of drugs they say? Why is it we've not heard anything of the "post-mortem drug test errors" report that B!x uncovered which indicates....
" A TECHNIQUE for inferring how much of a drug a patient has taken may be putting innocent people behind bars. The problem seems to be that doctors are incorrectly applying the method to corpses, in a bid to establish how much of a drug a deceased person took, or was given, before their death. That error can result in vastly inflated readings.
"There is no relationship between what you find in a living person and what you find in a dead person," Bruce Goldberger, vice-president of the American Academy of Forensic Sciences and editor of the Journal of Analytical Toxicology told New Scientist."
Not to mention the testimony of the passenger Perez had with him prior to the stop saying he appeared normal.
The Oregonian writes....
In Sery's case, he had to decide whether to shoot, and maybe regret the death of Perez, or not shoot, and maybe lose his own life or regret Macomber's death. He had only an instant to choose. We think this community should give Sery the benefit of the doubt."
Sadly I have to agree with this, and this is what B!x is talking about as well. There should be more focus on the fact Macomber created this situation with his aggressive tactics. If he ever opens another car door after a suspect has rolled up a tinted window he very well may end up with a bullet right between his eyes! I mean, really! Hell, that's when I would've got scared, retreated, and waited for backup. How quick did Lewinski say a suspect could beat the officer to a draw?
The One True b!X on 04 May 2004
I don't recall uncovering a "post-mortem drug test errors" report.
Rob on 04 May 2004
Here's the link you provided which alerted me to it..
http://www.eurekalert.org/pub_releases/2004-03/ns-pdt031004.php
The One True b!X on 04 May 2004
That's weird. I've never seen that URL before. Maybe a reader posted it in a comment?
Rob on 04 May 2004
Just so you're readers know, I wasn't suggesting you uncovered a report on post-motem drug test errors in the Perez case. Just a report that indicates post-mortem drug test errors are most likely.
That's weird you don't remember the URL. I could swear it was in one of your articles when this incident first jumped off.
FAAQ2 on 18 May 2004
Perhaps the Officer should have utilized their "Pepper Spray" to disable Perez. If you can't see you can't fight- that would make more sense than climbing in the car with the violator - which if they receeive proper training- taches them never to place themselves in a bad position. Looks like the Police Bureau needs to change its training for its young officers. Ever notive that its usually always a youg officer that gets involved in these questionable shootouts??