In This Issue - Vol 6, No. 1 (Fall, 2005)

From the Chairman

Chicago Cop Is Scapegoat for Racism Charges

Stephanie Mohr Case on Hold

Update on Wyatt Henderson

Detroit Trooper Indicted for Manslaughter

A decorated U.S. Army veteran of the Gulf War, Officer Morningstar, 35, is a seven-year veteran of the Michigan State Police Department with an excellent record as an officer. He is married with three children.
For the first time in history, a Michigan State Trooper has been charged with second-degree murder and manslaughter in the death of a violent man who threatened him. Trooper Jay Morningstar, responding to a 911 call from “The Detroiter” tavern in the Greektown area of Detroit at 12:30 a.m. on April 14, was approached by an aggressive man. Officer Morningstar and his female partner, Officer Theresa Malone, got out of his cruiser. Officer Morningstar shouted to the suspect, Eric Williams, “Police! Raise your hands and stop.”

Williams ignored the order and kept coming toward them with his hand under his jacket. His gestures were threatening, and it appeared that he was hiding a weapon. A video taken of the incident shows that he was acting irrationally and that the police officers appeared to be in danger.

It was a moment of truth. In a split second Officer Morningstar had to decide: Is this man armed and will my partner and I be his victims? When Williams was just a few feet away, Officer Morningstar, fearing that he would be shot, fired one shot at Williams. That shot killed him instantly.

Eric Williams had a lengthy police record: 147 encounters with police, including 27 incidents in which he was violent. The 40-year-old black man was a panhandler who lived on the street. He was known to become violent after drinking. That night he had been on a drunken rampage, throwing a chair in the bar and a brick when outside the tavern. At the time of his death, he was legally drunk and had cocaine in his system as well.

Mr. Williams was unarmed. However, this does not affect the legitimacy of Officer Morningstar’s reaction to the danger he faced.

Williams’ family has filed a multi-million dollar law suit for wrongful death. The District Attorney of Wayne County, Kym Worthy, who also was responsible for indicting and convicting other officers involved in similar incidents, has indicted Officer Morningstar on two charges. One is manslaughter without malice, which carries a penalty of 15 years; the other is second-degree murder, which carries a life sentence. The situation has become highly charged with accusations of racism against Officer Morningstar, making it difficult for his case to be judged in a fair and dispassionate manner.

According to The Detroit News, Sgt. Mike Herendeen, president of the Michigan State Police Troopers Association, said that Officer Morningstar had no choice but to shoot Williams: “Williams approached Morningstar in a threatening manner and ignored commands to stop and show his hands. If he [Williams] had been armed, he would have had basically a point-blank shot at Trooper Morningstar. I can’t image what the prosecutor expected (him) to do,” Herendeen said.

The jury at the upcoming trial will need to determine if the use of force was justified.

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