Shooting of Timothy Russell and Malissa Williams

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Shooting of Timothy Russell and Malissa Williams ("137 Shots")
Time c. 11:24 p.m.
Date November 29, 2012 (2012-11-29)
Location Cleveland and East Cleveland, Ohio, United States
Participants Timothy Russell and Malissa Williams (fatalities)
Michael Brelo and 12 others (police officers)
Deaths Timothy Russell and Malissa Williams (November 29, 2012 (2012-11-29))
Suspect(s) Michael Brelo
Charges Two counts of voluntary manslaughter
Two counts of felonious assault
Verdict Not guilty
Litigation Families of Russell and Williams filed a lawsuit against the city of Cleveland, received $3 million

The shooting of Timothy Russell and Malissa Williams, or as it is sometimes known "137 shots," two homeless African American individuals, occurred in East Cleveland, Ohio on November 29, 2012, at the conclusion of a 22-minute police chase which started in downtown Cleveland. Thirteen police officers fired at Russell and Williams 137 times while they were in their car at a parking lot of a middle school. In May 2014, one of the officers involved, Michael Brelo, was charged with two counts of voluntary manslaughter, and was acquitted by a Cuyahoga County judge of the charges on May 23, 2015.

Five police supervisors were also charged with dereliction of duty, a misdemeanor. Their trial is set on July 27, 2015.

The families of Russell and Williams filed a lawsuit against the city of Cleveland, and received a settlement of $3 million in November 2014.

On January 26, 2016 it was reported by CNN the Six Cleveland police officers were fired in connection with the 20-mile car chase that ended with officers firing 137 bullets at a car, killing Timothy Russell and Malissa Williams.

The officers were identified as Wilfredo Diaz, Brian Sabolik, Erin O'Donnell, Michael Farley, Chris Ereg and Michael Brelo. Brelo allegedly fired 49 of the shots, including 15 from the hood of the car carrying Russell and Williams. Brelo was acquitted of manslaughter in 2015. [1]

Backgrounds

Michael Brelo

Michael Brelo (born 1983–84) is an Iraq War veteran. When he returned home, he became a correctional officer in Bedford Heights, Ohio. He then joined the Cleveland Police Department in 2007. He has a fiancée and two children.[2]

Timothy Russell and Malissa Williams

Timothy Russell had a criminal record that included charges of trespassing, domestic violence, petty theft, and robbery. Russell had met Williams at the Bishop Cosgrove Center, where they both received free meals. He was living at the Metropolitan Ministry Center prior to his death.[3]

Malissa Williams lived at the Norma Herr's Women Center on Payne Avenue in Cleveland. According to records, she struggled with drug addiction and mental illness. Cleveland police had 33 encounters with Williams since 2001, mainly for drug or mental health-related issues.[3]

Shooting

According to people who knew the victims, Russell and Williams were most likely driving around the area looking for drugs. Russell was driving his 1979 light-blue Chevrolet Malibu and Williams was seated in the passenger seat. A plain clothes police officer spotted Russell's car in an area known for drug deals. After the officer called in the license plate and it came up clean, he tried to pull over the car anyway for a turn signal violation. Russell, however, did not pull over and a police chase ensued. As Russell sped past two officers, they believed that they heard shots being fired. As no firearm was found in the vehicle, the sound was most likely caused by the car backfiring. A minister who knew Russell later reported that Russell's car had a history of frequent backfires.

According to The Plain Dealer, the chase went up to speeds of 100 mph and a total of 62 police cars were involved at one point. Officers from Cleveland, East Cleveland, Bratenahl, the Cuyahoga County Sheriff's Department, the Ohio State Highway Patrol, and the Greater Cleveland Regional Transit Authority participated in the chase.[4]

After a 22-mile chase, Russell turned into Heritage Middle School, located in East Cleveland. Police officers believed they saw a firearm in the car and that Russell was planning on running them over. One officer subsequently opened fire, followed by others. The amount of gunfire confused the officers into thinking they were being fired at from the vehicle. In the end, thirteen officers fired a total of 137 bullets into the car, with Officer Michael Brelo firing 49 of those shots.[5] Russell was struck 23 times, and Williams was struck 24 times. No weapon was recovered from the vehicle.[6][7][8][9]

Legal proceedings

On May 30, 2014, only one officer of the thirteen who fired at the car, Michael Brelo, was indicted on two counts of voluntary manslaughter in connection with the shooting. He was the only officer who continued to shoot even after the others stopped firing, and was said to have actually moved forward and jumped onto the hood of the victims' car, after which he reportedly shot approximately fifteen rounds.[5] The two counts of voluntary manslaughter carried a maximum penalty of 22 years of prison if convicted. Five police supervisors were also indicted for dereliction of duty.[10] According to Cuyahoga County prosecutors, Brelo stood on the hood of Russell and Williams' car and fired straight down at them through their windshield after the twelve other officers stopped firing. Prosecutors said that the actions were unreasonable and went past his duties as a police officer.[11]

On May 23, 2015, Cuyahoga Common Pleas Judge John P. O'Donnell found Brelo not guilty of the charges. O'Donnell stated that while Brelo fired lethal shots at Russell and Williams, other officers did as well. O'Donnell also found Brelo not guilty of a lesser included charge of felonious assault, claiming that Brelo was legally justified in his use of deadly force.[11] O'Donnell read his 35-page verdict in court, and said there was "beyond reasonable doubt" that the prosecution had to meet to get Brelo convicted.[12]

On June 3, 2015, it was announced that an arrest warrant was filed against Brelo for an alleged assault on his twin brother, Mark R. Brelo, on May 27, in Bay Village, Ohio. The brothers turned themselves in on June 3, after Brelo's intoxicated brother had run to a neighbor's home to ask them to call 911 on his brother, Michael Brelo, by whom he was being chased and allegedly assaulted. They were released on their own recognizance.[13]

On January 26th 2016 the six officers (Wilfredo Diaz, Brian Sabolik, Erin O'Donnell, Michael Farley, Chris Ereg and Michael Brelo) were fired from their jobs at the Cleveland Police. The Cleveland Police Patrolmen's Association said that they would work to get the six reinstated to their positions. [14]

Federal investigation

The U.S. Department of Justice announced on May 24, 2015, that they will open an investigation in the deaths of Russell and Williams, and will review the testimony and evidence presented at Brelo's trial.[15]

Trial on dereliction charge

Lua error in package.lua at line 80: module 'strict' not found. On June 29, 2015, Cuyahoga County prosecutors announced that the five police officers charged with misdemeanor dereliction of duty will be tried at the East Cleveland Municipal Court on July 27.[16]

Protests

After Brelo was acquitted, peaceful protests and unrest ensued in downtown Cleveland, which led to the arrests of at least 71 people as of May 25. Among those arrested were charged with felonious assault, rioting, and failure to disperse. At least 15 people were apprehended by riot police officers.[17] The deaths of Russell and Williams were one of several killings of unarmed African Americans protested by the Black Lives Matter movement.[17][18]

Lawsuit

The families of Russell and Williams filed a lawsuit against the city of Cleveland, claiming they were liable for the wrongful deaths of the two. In November 2014, Cleveland paid $3 million to the two families, which was split evenly.[19]

See also

References

  1. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  2. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  3. ↑ 3.0 3.1 Lua error in package.lua at line 80: module 'strict' not found.
  4. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  5. ↑ 5.0 5.1 Lua error in package.lua at line 80: module 'strict' not found.
  6. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  7. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  8. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  9. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  10. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  11. ↑ 11.0 11.1 Cleveland police officer Michael Brelo not guilty, Cleveland.com, May 23, 2015.
  12. ↑ More than 104 officers involved but one stood trial, WKYC, May 27, 2015
  13. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  14. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  15. ↑ Diaz, Danielle. Department of Jusrice to Review Cleveland Police Shooting, CNN, May 24, 2015.
  16. ↑ Gillipsie, Mark. Trial for 5 white police officers moving to black suburb, Yahoo News, June 29, 2015
  17. ↑ 17.0 17.1 Lua error in package.lua at line 80: module 'strict' not found.
  18. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  19. ↑ Cleveland settles with families of chase, shooting victims for $3 million, Cleveland.com, November 17, 2014.
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