On Sept. 6, the Bangor Daily News reported on the March 2022 killing of Jeremy Lau, a 46-year old man in Patten who was tased, beaten, and had a “mesh hood” placed over his head, all while in the prone position. Despite the Maine Chief Medical Examiner ruling Lau’s death a homicide, both the Maine State Police and Maine Attorney General’s Office found no wrongdoing on the part of the officers. Maine State Police found these actions to be “consistent with state police training and policy.”
The findings of the Maine Attorney General’s Office and its colleagues are consistent with the findings in all other cases of police deadly force in the state since 1990. The office has never found officers unjustified in using deadly force. This, despite constant scrutiny that, somehow, Maine officers have “an incredible batting average” when it comes to deploying deadly force.
Other cases include the police shooting Daniel Tibbets in Mexico, Maine in October 2021 seconds upon encountering him as he was trying to slash his wrists. Tibbets lost 85% of his intestine and reports to not be able to “use the bathroom right”. This was the third police shooting in 13 months to take place in the town with less than 3,000 people.
In Augusta in 2021, police shot and killed Dustin Paradis, who family said had Asperger Syndrome, outside of a homeless shelter. Paradis’s family claimed that had they just made contact with them, they could have de-escalated the situation. The AG’s office, though, doesn’t “analyze whether deadly force could’ve been averted”.
There have been close to 200 instances of police deploying deadly force since the 1990s and not once has the Attorney General found the police to be in the wrong. This might be shocking to many, particularly if one is unaware of the process. According to those with knowledge of the investigatory process, the Attorney General’s Office interviews officers at the beginning of the investigation, never following up when there is evidence to contradict the officer’s story. One attorney reports that the office appears to take the officer’s initial story “at face value”.
While recently, the state passed a law that forces the AG’s office to investigate within 180 days of the deadly force use and more discretion to release body camera footage, the actual investigative process and use of force guidelines leave much to be desired. For example, the vagueness of the law that mandates use of force creates a high bar to overcome. An officer must believe they or those around them are “in danger” and appear to give police the benefit of the doubt because, according to the AG’s office, they “are often forced to make split second decisions about the amount of force necessary in a given situation.”
In essence, the police, not just in Maine but across the country (see investigation of Copy City activist Tortiguita in Atlanta), have a monopoly on violence and investigating their own violence. This is reflective of nationwide arrest trends of officers involved in deadly shootings. Rates of arrest, let alone conviction of an officer who kills someone are extremely low. Though police shot and killed 5,039 people from 2017-2021 according to data from The Washington Post, only an average of 13 officers per year faced charges.
This is clear to some of those whose family members have been the victims of police deadly force. On Sept. 23, 2007, Waldoboro police shot and killed 18-year-old Gregori Jackson. The Attorney General’s Office found the officer who killed Jackson, Zachary Curtis, justified in his actions despite forensic evidence not supporting his story. Jackson’s mother knew the deal: “They’re not there to get the truth — they’re there to protect the police officer. If it were you or I that (shot someone), it wouldn’t be treated the same.”
That said, the end-all solution is not simple changes to the laws and investigative procedures. Police accountability requires full, democratic and community control. The Maine Attorney General’s record of investigating police deadly force makes it very apparent; Maine is far away from this as a possibility.
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