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Advocates Frustrated by Democratic Leadership on Police Reform

VCU CNS | February 11, 2021

Topics: General Assembly 2021, Jeff Bourne, police violence, Princess Blanding, qualified immunity, Race Capitol, Scott Surovell, Virginia Student Power Network

The General Assembly has made progress on police reform in Virginia, but for advocates and progressive legislators, passing reform of qualified immunity is an essential piece of the puzzle.

Virginia has made headlines in recent months for criminal justice reform measures but advocates say more needs to be done. They are disappointed that lawmakers in both chambers of the General Assembly recently killed proposals to reduce qualified immunity protections for police officers. 

State lawmakers so far this session have advanced bills to legalize marijuana, remove mandatory minimum sentences, and abolish the death penalty. During the special session called last year, the General Assembly banned police from using no-knock search warrants and chokeholds.

Qualified immunity shields government officials from civil liability while performing duties in their line of work, as long as their actions don’t violate “clearly established statutory or constitutional rights of which a reasonable person would have known,” according to a Congressional Research Service report. 

House Bill 2045, introduced by Del. Jeff Bourne, D-Richmond, would have given citizens the power to pursue damages in state civil lawsuits where their rights were violated by a law enforcement officer. The bill also placed a cap on an individual officer’s liability. Bourne’s proposal was tabled 6-2 in the House Courts of Justice subcommittee. 

Senate Bill 1440, sponsored by Sen. Scott Surovell, D-Fairfax, was a narrower proposal that provided a path for lawsuits when an officer used excessive or deadly force and neck restraints. The bill died in the Senate Judiciary Committee in a 9-5 vote.

Qualified immunity is a federal doctrine established by the Supreme Court in 1982. A state legislature can’t repeal qualified immunity, but proponents of ending the practice have asked local and state governments to create legislation allowing citizens more freedom in pursuing lawsuits against police misconduct. 

During a subcommittee hearing, Bourne questioned opponents of his bill who he said consider themselves to be proponents of constitutional rights and law and order.

“It seems when we’re talking about this, and when we’re talking about people getting hurt and their constitutional rights deprived by law enforcement officers,” Bourne said, “the story becomes different.”

A portrait of Marcus-David Peters sits at the base of the Robert E. Lee monument on June 20. Photo by Andrew Ringle

Princess Blanding is a gubernatorial candidate who has advocated for criminal justice reform since the death of her brother, Marcus-David Peters. Peters was naked and unarmed when he was shot by a police officer on the side of a highway. Peters charged at the police officer who deployed his Taser and then shot Peters at least twice. Peters was experiencing a mental health crisis, according to his family. 

Blanding said eliminating qualified immunity is a necessary step to end discrimination and achieve racial justice in the commonwealth. 

“It’s like no matter what we do to prep our kids, our loved ones, it is still going to be our fate because of the pigmentation of our skin, coupled with the fact that there is no accountability,” Blanding said. “To me, that’s the harsh reality.” 

Kalia Harris, co-host of the show Race Capitol and co-executive director of the Virginia Student Power Network, or VSPN, said she was “extremely disappointed” when a judge dismissed her organization’s lawsuit against local government and local and state police. VSPN said city leaders and law enforcement violated the group’s right to free speech, assembly, and protest. Last June, VSPN students hosted an overnight teach-in outside Richmond City Hall. After several hours, the Richmond Police Department declared the event an unlawful assembly and discharged teargas and rubber bullets at the protesters.

“That night is still on replay in my head,” Harris said during the House subcommittee meeting. “Words can’t explain the trauma that we experienced.”

Blanding said it’s difficult for victims of police brutality to get lawyers to take on a qualified immunity case due to the power of police unions and the relationship of prosecutors to officers.

Blanding also said if the number of positive interactions the public has with officers outweighs the instances of police misconduct, the few suits alleging misconduct should not have an issue proceeding to court. It is important to recognize that police misconduct causes irrefutable damage and changes families lives’ forever, Blanding said.

“What we have to understand is that, when you take somebody’s life, you can’t take out the magic eraser, and erase it and try it again,” Blanding said. “You cannot press restart.” 

Princess Blanding, sister of Marcus-David Peters, speaks to protesters outside the Stuart C. Siegel Center on the first day of the 2020 General Assembly special session. Photo by Andrew Ringle

Harris said the ability to sue law enforcement agents for misconduct was the “bare minimum” of a judicial system that works for everyone.

“It doesn’t mean that they’re going to all be convicted,” she said. “It does mean that folks are able to see their day in court.” 

Police officers do not qualify for qualified immunity if they cannot demonstrate the actions that they took were reasonable, said Wayne Huggins, the executive director of the Virginia State Police Association. He said officers must prove they upheld the U.S. Constitution, the laws of the commonwealth and the policies of their individual department. 

“The word that needs to be focused upon and understood is qualified,” Huggins said. “We have to qualify for that immunity.”

Officers can be denied qualified immunity if the Supreme Court or local federal appeals court finds another officer’s conduct under the same circumstances is illegal or unconstitutional, according to the Institute for Justice. The officer automatically qualifies for immunity if a case with the same circumstances does not exist. 

Harris and Blanding said they hope to see legislation reducing qualified immunity protections introduced again. This is the second time that Bourne’s qualified immunity measure failed. 

Harris said the “Democratic trifecta” means very little to her if Democrats don’t use their majority to pass progressive legislation that voters support. All 100 of Virginia’s House of Delegate seats are up for reelection in 2021. Harris said legislators unwilling to pass comprehensive police reform will face progressive challengers this June. 

“If they’re not passing meaningful legislation, then we have to really push what it means to be blue, and start to think further outside of the box,” Harris said. 

Written by Josephine Walker, Capital News Service. Top Image: “Prison Bars Jail Cell” by JobsForFelonsHub, CC BY 2.0.

Princess Blanding, Sister of Marcus-David Peters, Announces Campaign for Governor

David Dominique | December 28, 2020

Topics: Liberation Party, Princess Blanding, progressive candidate, racial justice, Richmond Virginia, virginia, Virginia Governor, Virginia gubernatorial election

Princess Blanding, a prominent public safety, mental health and racial justice advocate, has announced her campaign to run for Governor of Virginia in 2021. Blanding has entered the race as the candidate of the newly-formed Liberation Party, which will compete as an independent party in the November 2021 election.

Blanding is the sister of the late Marcus-David Peters, a 24-year-old high school teacher and alumnus of Virginia Commonwealth University. Peters was fatally shot by a Richmond police officer in 2018 beside Interstate 64/95 while having a mental health crisis.

Photo by Breon Corbett / Wild Bunch Photography Collective

In 2020, Blanding was a steadfast presence in Richmond activism, speaking at multiple marches and demonstrations throughout the city and campaigning with progressive candidates for local office, including Allan-Charles Chipman and Joseph Rogers. During the General Assembly’s legislative special session in August and September, Blanding helped lead efforts to pass several police reform bills with varying degrees of success. 

While the legislature passed bills including the Marcus Alert and a ban on no-knock warrants, Blanding expressed frustration with the outcomes of the special session, calling the version of the Marcus Alert “a diluted, ineffective bill,” and highlighting the failure of bills such as HB5013, which proposed the repeal of qualified immunity in the state of Virginia — HB5013 passed in the House of Delegates, but failed in the Senate.

In a recent ceremony honoring the passage of the Marcus Alert, with Governor Ralph Northam and gubernatorial candidate Jennifer McClellan in attendance, Blanding asked the Democrats to “take a moment to pat yourselves on the back for doing exactly what this racist corrupt system…expected you all to do.” Blanding went on to say, “Make the Marcus Alert bill a watered down ineffective bill that will continue to ensure that having a mental health crisis results in a death sentence.” 

In campaign literature released today, Blanding and the newly formed Liberation Party proposed a broad gubernatorial platform for progressive, equity-driven change in Virginia, including racial justice, environmental justice, education, housing, healthcare reform, LGBTQIA+ rights, food sovereignty, pandemic relief, and labor rights.

Photo by Keshia E / Wild Bunch Photography Collective

Blanding now joins a crowded field of 2021 gubernatorial candidates, including several prominent Democrats. Former-Governor Terry McAuliffe, Lieutenant Governor Justin Fairfax, Virginia State Senator Jennifer McClellan (9th District), and former-Delegate Jennifer Carroll Foy (2nd District), who resigned earlier this month to focus on her gubernatorial bid, have all announced candidacies. Delegate Lee Carter (50th District), has also filed paperwork indicating a possible run. 

In the race for the Republican nomination, which will be decided via a convention rather than a primary, former-Speaker of the Virginia House of Delegates Kirk Cox (66th District) is positioned against far-right provocateur and State Senator, Amanda Chase. US Congressman Denver Riggleman (R, VA-5) has indicated interest as well, but it is unclear whether Riggleman would run for the Republican nomination or as an independent. 

In Virginia, a candidate who loses a race for a party nomination is unable to subsequently run as an independent in the general election that year.

The Virginia governor’s race is one of just two in the country in 2021. The other race, to take place in New Jersey, will likely be a landslide in favor of Democratic incumbent Governor Phil Murphy.

Photo by Foster “Frosty” Johnston / Wild Bunch Photography Collective

The election will serve as a microcosm of nationwide political dynamics. Across the country, establishment Democrats like McAuliffe—a former DNC Chair and staffer for both Bill and Hillary Clinton— face current and future challenges from a new generation of diverse and dynamic Democrats. In Virginia, this is highlighted by the candidacies of three young Black Democrats, and the entry of Blanding as a third-party candidate. To date, no Black woman has ever been elected governor of the United States. 

Virginia’s Democratic landscape is further complicated by the potential entry of self-identified socialist Lee Carter, which is reminiscent of the 2018 upset by Alexandria Ocasio-Cortez (D, NY-14). Cortez created shockwaves in the Democratic Party, unseating Rep. Joe Crowley, a ten-term US Congressman who served as Democratic Caucus Chair in the US House of Representatives.

The contours of Virginia’s Republican race also reflect the dynamics currently at play within the GOP nationally. Chase has urged Donald Trump to “declare martial law” and pursue 2020 election conspiracy theories, while also stating that she will “never accept” Joe Biden as President of the United States.

The third-party campaign announcement of Blanding, an activist with considerable social justice bona fides, promises to further complicate the electoral calculus for Democrats. With McAuliffe’s 2013 victory during the Obama presidency as an exception, Virginia has elected governors from the opposite party of the sitting US Presidents in all elections since 1978 — ten of the last eleven gubernatorial races.  

Film Photo by Landon Shroder / Wild Bunch Photography Collective

This two-party jockeying and its impact on Virginia politics apears to be a critical impetus for the Blanding campaign. In a press release announcing her candidacy Blanding said, “The fight has moved from the streets and city government, to the state legislature where progressive change is imperative. Our time is now to create a future in which all Virginians see their values reflected in their leaders.”

And in a video on her campaign website Blanding promises to, “trust the science and use sound moral judgement as we transform the Commonwealth into a common good state that prioritizes clean energy, provides comprehensive health care for all, is economically thriving, ensures that Black Lives Matter, is gender inclusive, and guarantees housing security for all Virginians.”

Cover image by Landon Shroder / Wild Bunch Photography Collective

OP-ED: Help Not Death; Marcus-David Peters And The American Mental Health Crisis

Brianna Scott | November 1, 2018

Topics: Help Not Death, Marcus-David Peters, Officer Involved Shooting, police brutality, Princess Blanding, Richmond police department, RPD

It’s been five months since Marcus-David Peters was gunned down on Interstate 95/64.

Richmond officer Michael Nyantakyi shot Peters twice, after his taser failed to subdue Peters. The entire event came to an end in only 18 seconds. In August, it was ruled that Peters’ death was justifiable homicide. The past few months have not been easy for Peters’ family, nor for those in the community who believe his death was an injustice.

I want to start my commentary by saying that I don’t know. I don’t know what I would have done if I was in Officer Nyantakyi’s shoes. We all like to imagine our own actions in the scenario, but we don’t have the answers, and I’m not a police officer. But I do know that in 18 seconds, a young man’s life was over, and he needed help — not death.

“Help not death” has been the rallying cry of Peters’ family. Peters’ sister, Princess Blanding, has been at the forefront of protests demanding justice for her brother’s death.

There are many shades of gray when we look at this situation, and it’s important to note that the case isn’t black and white — literally. Peters was black; Officer Nyantakyi is black too. But in a  system of law that perpetuates racism and white supremacy, this is still an issue of police brutality.

Mappingpoliceviolence.org shows that 852 people have been killed so far in 2018. In 2017, police killed 1,147 people. Black people made up 25 percent of those killed, despite representing only 13 percent of the population. Less than one percent of officers were charged with a crime.

Last month, Chicago officer Jason Van Dyke was finally convicted of second-degree murder, over four years after fatally shooting 17-year old Laquan McDonald. Timothy Loehmann, who gunned down 12-year-old Tamir Rice, was hired afterward by a police department in rural Ohio. The juxtaposition of these two events show the rarity of cops being held accountable for their actions.

Black people are statistically more likely to be killed by cops than any other race, and the reasons behind this epidemic have deep roots. They stem from a system of oppression that has spanned hundreds of years, and continues to disproportionately affect black citizens.

When a black person encounters the police, they’re often not given the same benefit of the doubt a white person would. Many cases have shown that under similar circumstances to those in which black citizens are killed, white suspects are spared their lives.

For example:

  • Nikolas Cruz, who murdered 19 people at Marjory Stoneman Douglas High School last February, was arrested without incident.
  • Dylann Roof was brought into police custody, without any fuss, after murdering nine innocent black churchgoers during a prayer service.
  • Lance Tamayo pointed his pistol at police officers and children in a park. It took the police over an hour to get Tamayo to put his gun down. Officers eventually shot him, but not lethally — and he was given only a three-month sentence.
  • 19-year-old Austin Harrouff killed two strangers, and was found by police biting the face of one of his victims. Police used stun guns and a dog to try and subdue him. When those methods didn’t work, they physically pulled Harrouff off the victim.

In all of these situations, and many more, white people were subdued by police while committing dangerous crimes. Instead of resorting immediately to fatal weapons, officers tried alternative methods to spare the suspects’ lives.

In body cam footage from officers on the scene, Peters is heard saying, “I’m going to fucking kill you” to Officer Nyantakyi — and while Nyantakyi rightfully felt his life was in danger, I still have to wonder why Peters was killed when confronted with similar (and greater) threats by white citizens, police have repeatedly found ways to let them walk away with their lives.

Consider the case of Joseph Houseman, an open-carry advocate, compared with Richmond’s Marcus-David Peters.

During his encounter, Houseman said to police, “I can threaten you. I can threaten your family. I didn’t threaten your family, I said I could.”

The confrontations were similar — both raising threats to law enforcement — but the outcomes for these white and black citizens were not. Houseman failed to comply with officers, and refused a breathalyzer test. Houseman was armed, and threatened officers; he was disarmed, then let go, with his gun returned. Peters was both unarmed and naked, and threatened officers; he was killed on the spot.

Then there’s mental health, cited by families of victims in many cases. In a Washington Post study, it was found that in the first half of 2015, 25 percent of people killed by police were identified as mentally ill.

While the media tends to label white killers as lone wolves with mental health problems, black and brown people’s mental health isn’t brought into the picture. More than 16 percent of the black population has a diagnosable mental illness. According to the National Alliance on Mental Illness (NAMI), black folks are 20 percent more likely to experience serious mental health problems.

But America isn’t talking about mental health in the black community. In cases like that of Somali-American Shukri Ali Said, reaching out for help can actually cost their lives: when Ali Said’s parents called the police seeking help for their daughter, she was shot and killed by Georgia officers.

In Virginia, police are offered crisis intervention team (CIT) training, which was designed to give officers tools and information for encountering, dealing with, and helping citizens with mental illnesses. But to be helpful, the police have to actually join the program: As recent as this July, only about 65 percent of Richmond’s officers have chosen to participate (or 490 officers, out of the city’s total 750).

While officers deal with mental health, they are not trained therapists or psychiatrists — but how can they be expected to de-escalate these situations when CIT training is only an option, not a requirement?

Marcus-David Peters was not given a means to obtain help; instead, the first solution police attempted was his death. This was not just “a tragic situation for all parties,” and it shouldn’t be buried along with Peters. It’s time to consider police interactions with people of color, and the implications when mental illness is also involved.

De-escalation and diversity training is not enough. These systems that are killing our citizens need to be confronted before they can be changed.

The Justice and Reformation For Marcus-David Peters movement is proposing the creation of a “Marcus Alert,” to call on mental health professionals as first responders when community members are in crisis. This idea could shape the future of policing, and potentially save lives — the state of things isn’t changing until measures are put in place to start. These structures go back to slave patrols in the 1700’s, and Americans should not forget that the South’s police force was born from slavery preservation. Richmond created its first full-time police force after Gabriel Prosser led a slave uprising in 1800.

Looking into the origins of policing is imperative for change to happen: From Emmett Till, to Trayvon Martin, to Michael Brown, to Eric Garner, to Sandra Bland, to Tamir Rice, to Philando Castile, to Marcus-David Peters.

It’s easy to sweep these instances under the rug. It’s easy to turn a blind eye when it doesn’t affect you personally. It’s easy to dehumanize a stranger — especially when they’re in a cemetery, and can’t defend themselves in court. It’s easy to view the black body as a symbol of threat in a society that has pushed it as such since long before racist 1915 film The Birth of a Nation was screened in the Woodrow Wilson White House.

I’m not pointing fingers or jumping to conclusions without citing facts. I’m asking for empathy towards the black experience — something non-black people will never be able to know firsthand.

I’m asking people to consider that when black people are staring down the barrel of a gun with a cop on the other end, they aren’t given the benefit of the doubt. I’m asking them to ask why we justify the deaths of black children armed with toy guns, like 12-year-old Tamir Rice, but don’t think twice when white children are taught to shoot real weapons at the same age.

I’m asking them to consider why it was that convicted rapist Brock Turner was referred to as “a former Stanford student and star swimmer,” while Trayvon Martin’s high school suspensions were used as justification for his murder.

I’m asking them to realize that black people can no longer “comply” and “follow the rules” when white people are calling the police and having us shot in our own homes. I’m asking them to understand that race-based traumatic stress is real, and that, while black people do persevere and conquer, we’re still out here dying.

This is bigger than one black life lost at the hands of police brutality.

Note: Op-Eds are contributions from guest writers and do not reflect RVA Magazine editorial policy.

Top Image by Lindsay Eastham

Marcus-David Peters Shooting Declared an “Act of Justifiable Homicide” by Commonwealth Attorney

Madelyne Ashworth | August 31, 2018

Topics: black lives matter, Commonwealth Attorney, Marcus-David Peters, Princess Blanding, Richmond police department, RPD, RPD shooting

In a report released Friday morning, Richmond Commonwealth’s Attorney Michael N. Herring said he will not pursue criminal charges against the officer who shot and killed Marcus-David Peters on I-95 on May 14.

Herring described the event as “an act of justifiable homicide,” and said the use of force was “reasonable and necessary” given the unusual circumstances of the event.

Richmond Police Department also announced today in a press release that the Commonwealth Attorney’s Office completed their portion of the investigation of the Peters shooting, who was shot after allegedly showing signs of mental instability. The investigation now must be completed by RPD Internal Affairs using the report submitted by the Department-generated Force Investigation Team (FIT).

“The review of this incident by Commonwealth Attorney Michael Herring and his staff is a critical phase in the criminal investigation of this incident,” said RPD Chief Durham in a press release. “I appreciate the thorough efforts of Mr. Herring and his staff and we respect the decision they have made. This incident will forever remain a tragedy for all those involved.”

Peters, 24, was naked and unarmed during the incident, but charged the officer, who deployed his taser gun. After the taser proved ineffective and Peters threatened to kill him, Richmond Officer Michael Nyantakyi pulled his weapon. Peters died early the next morning.

“Mr. Peters’ altered mental state, his nudity and the fact that he was unarmed are all mitigating factors,” reads the Commonwealth Attorney’s report, co-written by Assistant Commonwealth’s Attorney LaToya H. Croxton. “However, there should be little question that the officer reasonably feared that Mr. Peters’ aggression and apparent insensitivity to pain foreclosed lesser interventions and therefore constituted an imminent threat of death or serious bodily injury.”

This decision comes after months of activism from citizens and community leaders, spearheaded by Peters’ sister, Princess Blanding, who had no faith Herring would “make the right decision, which is to charge the officer.” She and other activists argue that Peters needed “help, not death.” Peters was a high school biology teacher who hoped to dedicate his life to youth in need.

His autopsy report found Ritalin present in Peters’ system, a drug commonly used for ADHD and narcolepsy. Peters did not have a prescription for the drug.

Officer Nyantaki has been on administrative leave since the shooting, but will now be placed on administrative assignment in non-public contact position until the investigation is complete.  

Marcus David Peters’ Family Says Autopsy Report Showed No Drugs in System

Jo Rozycki | July 27, 2018

Topics: Marcus-David Peters, Princess Blanding, Richmond police department

Princess Blanding, the sister of the late Marcus David Peters, has come out saying she has the autopsy report of her brother, which she said establishes that there was no drugs in his system at time of death. RVA Mag was unable to obtain a copy of the report, which other outlets have reported may be a preliminary report and not the official, final report.

Just yesterday, Mayor Levar Stoney held community office hours, where Peters’ death was a central point. Blanding, one of the most outspoken about her brother’s death, continued to ask: how many times was her brother shot? Accounts have been spotty, but Blanding said the report she had established three, not two, shots, which she said contradicted prior information.

Bodycam footage was released previously by the Richmond Police Department, which characterized the release as an attempt at transparency. The footage from May 14 shows Peters exiting his vehicle at the edge of Interstate 95 and rolling around on the pavement. According to police reports, Peters, who was unarmed, “lunged” at Officer Michael Nyantakyi, who then fired his weapon. Blanding has stated in past meetings with the mayor that her brother has been accused of being under the influence of drugs at the time of his death. “That’s what they wanted people to think. He had to be strung out on some drugs… None detected.” If the autopsy report she had at the meeting is accurate, it would contradict the assumptions she described at the meeting.

This past Tuesday, the Commonwealth Attorney’s office received a report from the Richmond Police Department. According to WTVR, the report contains “witness statements, security camera videos, the officer’s body-worn camera video, and forensic evidence.” However, toxicology statements have not been issued yet.

The Commonwealth Attorney’s office will be concluding its investigation into the death to confirm Blanding’s statements. Although the process could take weeks or even months, his family and the broader Richmond community seems committed to keeping pressure on the city until a resolution is reached.

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