cross posted at mLaw

SWAT team

SWAT

When a gang of armed men smashed through the doorway of the 600 square foot home of 29 year old Jason Westcott’s partner, 22 year old Israel Reyes, Westcott acting upon directives he received from the Tampa Bay police, grabbed his weapon and was killed in a rain of semi-automatic gunfire.

Westcott had called the Tampa police earlier this year after being threatened by another citizen. As a result of Westcott’s complaint to the police; the person who had threatened Westcott was confronted by the police, but no arrests were made, and the police advised Westcott to avail himself of one of modern America’s most protected rights, not the right to privacy, not the right to a fair trial, not the right to not have the modern version of Caucasian American Christianity (that Christ himself would find objectionable) shoved into your face – but rather the ‘god given’ right to blow the crap out of anyone you feel threatened by with your concealed and carried and beloved human killing machine. The exact quote from the police to the frightened Westcott when he reported the threat was, “If anyone breaks into this house, grab your gun and shoot to kill.”

Westcott was an armed drug dealer and was treated as such by the Tampa Police. The Tampa police sent a SWAT team to bring down the drug king pin of Seminole Heights – using whatever force they deemed to be required. Westcott’s evil drug dealing existence was terminated by Tampa’s finest (whose only goal in their action was to protect the community – especially the children, from the evils of cannabis). The police recovered two dollars worth of the dangerous narcotic.

Reyes has not denied in media interviews he has given since Westcott’s killing that he and his partner occasionally sold small amounts of cannabis to friends – but he maintains that this was not their sole source of income and, as Reyes framed it, “There weren’t people coming in and out of the house every day. It wasn’t paying the bills. We were still broke.”

The police dispute that characterization, as they described the SWAT team raid to the media after the shooting.

They first said that the decision to raid the home was prompted due to complaints from neighbors. When reporters were unable to find such complaining neighbors, the Tampa police admitted that the raid was spurred by an investigation where an undercover Tampa police officer made cannabis purchases at the home. A freedom of information request was filed with the department regarding the incident, and the actual truth of the matter is that the inspiration to SWAT raid the Seminole Heights home came instead from an “confidential informant”, and in police work this could include a criminal who is trying to broker a deal after being arrested to get a lesser charge or not be prosecuted.

Tampa police spokesperson Laura McElroy told Tampa, when confronted with the cover-up the department orchestrated after the shooting that, “Each time the informant was at this house, he saw pre-packaged marijuana.” McElroy also claimed that the “confidential informer” had claimed to have seen a weapon in the home.

The chief of police in Tampa, Jane Kastor, took to the airwaves herself after the community questioned the actions of the department when it became clear that a young Tampa citizen was mowed down by officers over two dollars worth of cannabis, where she spoke a ritualistic incantation as if memorized that all TV news watchers in all American cities have heard and themselves been mesmerized by:

“Mr. Westcott lost his life because he aimed a loaded firearm at police officers…If there is an indication that there is armed trafficking going on – someone selling narcotics while they are armed or have the ability to use a firearm – then the tactical response team will do the initial entry.”

- conclusion

Last month, the American Civil Liberties Union released its findings after performing a review of the militarization of America’s local police forces in a report called War Comes Home: The Excessive Militarization of American Policing. During their research, the ACLU became aware of the hundreds of SWAT team assaults on the homes of private citizens that have been carried out by local coppers over the past few years in cases similar to the narcotics raid that resulted in the death of Jason Westcott. The Union examined over 800 SWAT team assaults carried out by local police offices in the years 2011 and 2012 to discover that 79 percent of the gun brandishing, flash bomb utilizing, smash the door down raids were to serve simple search warrants, and of those SWAT raids carried out to simply serve warrants, 60 percent were warrants to search for drugs.

The Union pointed out in their findings that, “Even though paramilitary policing in the form of SWAT teams was created to deal with emergency scenarios such as hostage or barricade situations, the use of SWAT to execute search warrants in drug investigations has become commonplace… The use of a SWAT team to execute a search warrant essentially amounts to the use of paramilitary tactics to conduct domestic criminal investigations in searches of people’s homes.”

Furthermore, the Union reports that, “there is typically no single entity at the local, state, or federal level responsible for ensuring that SWAT is appropriately restrained and that policing does not become excessively militarized,” creating a situation where untrained local police are making decisions to use SWAT raids as they desire to carry out general run-of-the-mill police functions. As can be predicted, the Union also reports that SWAT team tactics are most often used against the poor and minorities – in their study they found that 42 percent of the homes local police raided with SWAT teams were the homes of African Americans and 12 percent were the homes of Latino Americans.

At the same time that SWAT team tactics are becoming the preferred technique used by militarized local police offices as they prosecute the drug war, American citizens are coming to the realization that treating drug addiction as an act of war by our citizens as opposed to treating drug addiction as a community health matter is both counterproductive and immoral.

As a citizen whose family members include police officers, it is difficult to argue against the mesmerizing mantra of police commanders who claim simply to be protecting their officers (and, by the way, the police involved in the killing of Jason Westcott were found by the Hillsborough County State’s Attorney to be justified in their use of deadly force against the decedent). But there is a group of folks who know that cannabis is not a narcotic and is essentially harmless, that communities of color are almost exclusively targeted by local rough and tough militarized small time police chiefs and officers in drug war raids, and that local coppers make boatloads of cash by banging down doors in the middle of the night to lock away cannabis users – both through In Rem forfeiture actions as well as being rewarded by the feds (both Congress and the DOJ) for doing their part to continue the failed, bigoted and immoral war on drugs and on cannabis in particular – these ‘folks’ are your congresspersons and senators and President Obama.

These diners off of taxpayer-paid-for china dinner plates know full well that their self-interested promotion of the drug war is immoral, anti-science and dis-compassionate and has been a failure. That it supports cartels and gangs in their violent businesses, and harms otherwise innocent Americans rendering them unable to participate in society – unable to help us lift up our country with their individual talents and energies – but they just don’t give a shit. Our leaders cravenly, stubbornly and, quite basically, with malice aforethought, know very clearly that their selfish non-actions with regard to cannabis will without question result in the needless and preventable deaths of other Americans’ sons, daughters, partners, patients, relatives, friends, neighbors – they know and do nothing…except spit out an uncomfortable (or perhaps a knowing, but certainly a not caring) laugh when a citizen asks if they “want a hit.”

“History will have to record that the greatest tragedy of this period of social transition was not the strident clamor of the bad people, but the appalling silence of the good people.” – M. L. King

-this is part four of the mLaw series, Time to Reschedule, President Laughy-boy

Picture from Oregon Department of Transportation licensed under Creative Commons