Commentary by James Shott
Mobile, Alabama’s hometown TV station WALA FOX10 reports the following story, which contains comments that will leave most people scratching their head in disbelief.
An unidentified man who was shopping at the local Family Dollar store in Mobile saw a masked man pointing a gun at an employee and leading the employee toward the front of the store.
When he moved closer to investigate, he found the following: “He had the gun to his head. He had him on his knees,” said the man. “I drew my gun on him and I said 'Hey, don't move.' At that point he swung around and before he had a chance to aim the gun at me, I fired. I didn’t want to shoot him,” he said.
The gunman, 18-year-old Adric White, was not killed, and was transported to a local hospital where he was treated and is now recuperating in police custody at the hospital. A second young man, 19-year-old Tavoris Moss has been arrested as an accomplice to the Family Dollar robbery, although the FOX10 story did not explain the role he is accused of playing in the incident.
Court records show that Adric White was out on bond for robbing The Original Oyster House at gunpoint a little more than a month before the Family Dollar robbery, and records show the Baldwin County District Attorney's Office has now filed to have the bond in that case revoked.
Summarizing this incident, a young man out on bond for armed robbery was holding an employee of a retail establishment at gunpoint, and was challenged by a Good Samaritan with a gun, who then shot the young man when the Good Samaritan thought he was about to be shot.
Where this story gets really strange is in the reaction of Adric White’s family. The relatives of this young man who had already been charged in one armed robbery and was wounded in a second attempt to rob a store at gunpoint might reasonably condemn the young man’s behavior and be thankful that this wayward son is still alive and in relatively good condition, and therefore might be subject to rehabilitation. But that is not how at least some of his relatives reacted.
A female family member who did not want to be identified said the 18-year-old should have never been shot to begin with.
“If his (the customer’s) life was not in danger, if no one had a gun up to him, if no one pointed a gun at him - what gives him the right to think that it's okay to just shoot someone?” said the relative. “You should have just left the store and went wherever you had to go in your car or whatever,” FOX10 reported the relative as saying.
Apparently, judging from this relative’s comments she believes the victim in this scenario is the robber holding the employee at gunpoint, not the employee being held at gunpoint. And, the person who has done wrong is not the guy holding an employee at gunpoint during a robbery, but the Good Samaritan who thwarts a robbery and saves the employee from possible harm or death at the hands of the robber.
Where does such upside-down thinking develop? Is it a feature of only a relative few troubled minds, or is it far more widespread? Is it born in a soul convinced that he/she is entitled and therefore can do no wrong, or somehow is not subject to the laws governing our behavior? Is it a product of a failing culture that has not imparted basic American and human values to more recent generations?
Interestingly, FOX10 had interviewed Adric White’s parents, but the station reports that they later called the station and demanded the video not be aired. We are left to wonder whether they share the screwy morality of the relative whose sentiments were reported above.
For the record, the police emphasize that the Good Samaritan – whose name was not released, perhaps for his own protection – who shot the alleged robber was justified and broke no laws.
“[Criminals] tend to think that they are the only ones with guns," the Good Samaritan told FOX10. "I’ve been legally carrying my firearm for a little over four years now, and thank God I’ve never had to use it until, of course, last night. It just goes to show it's good to have a concealed carry [permit]. You never know when you’re going to need it.”
This story is sure to contribute to the fierce debate over gun control. It is a point in favor of the idea held by many of those who defend the constitutional right of Americans to keep and bear arms that the best way to combat a bad guy with a gun is the presence of a good guy with a gun. It shows that there may be positive results when law-abiding citizens are armed.
Whichever side of that argument you are on, we can all acknowledge that because of the behavior of this man legally carrying a gun, a robbery was thwarted and the perpetrator did not harm anyone.
Cross-posted from Observations
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Privacy under attack? Stop-and-frisk vs. NSA surveillance
As Americans, we each have a guaranteed right to privacy. The online legal site FindLaw explains it this way: “The Fourth Amendment to the U.S. Constitution protects personal privacy, and every citizen's right to be free from unreasonable government intrusion into their persons, homes, businesses, and property – whether through police stops of citizens on the street, arrests, or searches of homes and businesses.”
That seems plain enough, but how one interprets the word “unreasonable” provides ample opportunity for mischief, as well as for good law enforcement.
As for good law enforcement, New York City Mayor Michael Bloomberg has credited the City’s stop-and-frisk policy with helping drive crime to record lows since the policing policy was implemented in 1994, with the murder rate falling by an astounding 82 percent by 2009.
New York’s stop-and-frisk policy seeks to prevent crime before it happens by deploying officers with pinpoint precision to critical street segments in high-crime areas where they interact with individuals displaying suspicious behavior: they approach, question, and sometimes frisk the individuals. That practice has led to fewer people, such as members of street gangs, risking arrest by carrying a weapon on their person, and with fewer gang bangers carrying weapons, there are fewer spur-of-the-moment shootings in New York, and correspondingly fewer deaths.
You might think that, given the obvious level of success in reducing the murder rate in the Big Apple, such a policy would fall outside the Fourth Amendment’s proscription against “unreasonable” searches. But you would be wrong, according to U.S. District Judge Shira Scheindlin, who believes that the policy indeed does violate the Fourth Amendment protection.
Mayor Bloomberg believes that the judge's decision will cause a reduction in the use of stop-and-frisk, which would reverse crime reductions and make his city a more dangerous place. And data indicates he is correct. In 2011, guns were used in 61 percent of all homicides, but in black neighborhoods 86 percent of young black males died from gunfire. Stop-and-frisk reduced the total number of deaths by reducing the number of guns on the streets.
The challenge to the policy arose because officers stop minority residents at a rate disproportionate to their number in the general population. But those stops are not disproportionate to the minority resident population in the crime-ridden neighborhoods or disproportionate to the number of crimes minorities commit in those neighborhoods.
As we have seen recently, there is the possibility that authorities may lose perspective and become abusive in the use of policies like this one, but supervisors are charged to competently manage their operation. And due to the depths of its crime problem when the policy was implemented, New York police applied stop-and-frisk more aggressively than other cities. But whether or not the City is too aggressive ought not be decided without considering its unique circumstances and surprising rate of success in reducing murders.
An opposite approach to systematically and thoughtfully targeting areas where crimes mostly occur and populations that most often commit them like New York City is doing is the blanket, indiscriminate, suspicion-less spying on telephone, email and other private communications and activities of millions of Americans by the National Security Agency.
The government’s spying on Americans is so egregious – eavesdroppers broke privacy rules or overstepped their legal authority thousands of times every year – it’s no wonder the administration wants to arrest and try Edward Snowden for making the information about its spying public.
Where New York police might appear to have been over-aggressive in implementing stop-and-frisk, the federal government’s policy itself is over-aggressive by design. Surely, observers familiar with the Fourth Amendment’s restrictions on searches would be unable to conclude anything other than that NSA spying is precisely why there is a Fourth Amendment.
As reported in The Washington Times, “A Top Secret internal NSA audit, leaked by Mr. Snowden to freelance journalist Barton Gellman earlier this summer and published online by The Washington Post Thursday night shows that, in the 12 months prior to May 2012, there were 2,776 incidents of ‘unauthorized collection, storage, access to or distribution of legally protected communications’ — those between Americans or foreigners legally in the United States.”
“Most were unintended,” according to The Post. “Many involved failures of due diligence or violations of standard operating procedure.” Even if the problems were unintended, sloppiness certainly is no excuse: The infringements are no less wrong, no less a breach of individual privacy, and no less intolerable.
The larger the scope of a program, the greater the chance that something will go wrong, and the more opportunities there are for something to go wrong. Congressman Peter King (R-NY) defends the program, saying that the situation is being blown out of proportion, that the rate of error is miniscule.
Maybe so; however, since the NSA program seeks to find a few fake grains of sand on a beach, and involves millions upon millions of records. For every million records, ten thousand mistakes can be made, affecting the privacy of ten thousand Americans, and the success rate is 99 percent.
Even if such gargantuan programs are run efficiently and competently, they are examples of unjustified government excess, and should not be allowed.
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