The Space Between Articulation and Murder: Yanez Acquitted in Castile Shooting

​Facts of the case (taken directly from Ramsey Co Atty Complaint No: 0620373879):

• On November 15th, 2016, the State of Minnesota found probable cause to charge Jeronimo Yanez with second degree manslaughter and two counts of intentional discharge of a firearm that endangers safety. (both felony charges)
• Yanez is the police officer who shot Philando Castile to death on July 6, 2016 in Ramsey County Minnesota. 
• Riding with Castile at the time of the traffic stop (and the shooting) was Castile’s girlfriend, Diamond Reynolds, and her four-year-old daughter (referred to as D.F.R.)

• The charges against Yanez were filed by the complainant Doug Henning, Special Agent, Minnesota Bureau of Criminal Apprehension.
• Henning conferred with Jeffrey J. Noble, an expert on police procedure whom the Ramsey County Attorney’s Office retains. Noble’s professional opinion affirmed that the totality of the circumstances indicated that Yanez' use of deadly force against Castile during the July 6 stop was not necessary, was objectively unreasonable, and was inconsistent with generally accepted police practices.
• Noble further opined that under the same circumstances, Yanez’ discharge of his firearm seven times into a vehicle in very close proximity to and towards Reynolds and her four-year-old daughter endangered their safety.

 
What the Prosecution had to Prove:

MANSLAUGHTER IN THE SECOND DEGREE.
A person who causes the death of another by any of the following means is guilty of manslaughter in the second degree and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both:
(1) by the person's culpable negligence whereby the person creates an unreasonable risk, and consciously takes chances of causing death or great bodily harm to another; or
(2,3, & 4 pertain to loss of life through animal involvement and 5 relates directly to children. As those are all irrelevant, I did not include them. Here is where you can find the full statute if you’re interested.)

DANGEROUS WEAPONS – INTENTIONAL DISCHARGE OF A FIREARM THAT ENDANGERS SAFETY
Felony crimes; suppressors; reckless discharge. (a) Whoever does any of the following is guilty of a felony and may be sentenced as provided in paragraph (b):
(1) sells or has in possession a suppressor that is not lawfully possessed under federal law;
(2) intentionally discharges a firearm under circumstances that endanger the safety of another; or
(3) recklessly discharges a firearm within a municipality.
(b) A person convicted under paragraph (a) may be sentenced as follows: (1) if the act was a violation of paragraph (a), clause (2)
(again, the remainder of the statute is irrelevant to the case, but here is the full statute.)

Why Yanez was not Charged:

1. As reported by the local Star Tribune, one of the jurors stated that “the prosecution didn’t prove beyond a reasonable doubt that Yanez was guilty in the shooting death of Philando Castile.”
2. 2 out of 10 jurors remained unconvinced after over 24 hours of testimony. Again, the Star Tribune reported that “in the end the majority of the jurors were able to sway the two remaining ‘no’ votes when breaking down the legal definition of the charges.” Specifically, the phrase “culpable negligence”. The jurors were unconvinced that Yanez committed culpable negligence during the deadly encounter with Castile.
3. Still, points 1 and 2 do not explain why Yanez was not charged with the second felony. Yanez absolutely did “intentionally [discharge] a firearm under circumstances that [endangered] the safety of another." He did it seven times, actually. Unless, of course, police officers are seen as being above the law. In which case, this whole situation makes a lot more sense.
4. In Minnesota, peace officers are judged by a different legal standard than their fellow citizens. So, they are not above the law, per se, they’re just allowed to do things other citizens are not. Here is the special statute just for them:

                                       609.066 AUTHORIZED USE OF DEADLY FORCE BY PEACE OFFICERS

This statute allows peace officers to discharge their weapon in a number of scenarios. Per the statute, “the use of deadly force by a peace officer in the line of duty is justified only when necessary:
(1) to protect the peace officer or another from apparent death or great bodily harm;
(2) to effect the arrest or capture, or prevent the escape, of a person whom the peace officer knows or has reasonable grounds to believe has committed or attempted to commit a felony involving the use or threatened use of deadly force; or
(3) to effect the arrest or capture, or prevent the escape, of a person whom the officer knows or has reasonable grounds to believe has committed or attempted to commit a felony if the officer reasonably believes that the person will cause death or great bodily harm if the person's apprehension is delayed.

Summary of the Findings:

Ultimately, Jeronimo Yanez was not charged with either felony because there was not enough evidence to indicate that he acted with culpable negligence when he shot Castile seven times. Here is the definition of culpable negligence: The crime of 2nd Degree Manslaughter involves a person who causes the death of another "by the person's culpable negligence whereby the person creates an unreasonable risk, and consciously takes chances of causing death or great bodily harm to another."
In short, because he is a peace officer, Yanez is justified in his actions. He is justified in not only dangerously discharging his weapon around a child and the child’s mother, he cannot be considered negligent in the shooting death of Castile because Yanez very intentionally shot Castile with deadly force.

My Background:

I think it is necessary that I preface my views on this case with my personal law enforcement background because so many people are voicing opinions but not saying anything of value. I do not want to fall into that category. I was a military police officer for nine years in the Army. I have an extensive law enforcement background from working in various military police capacities. I have done everything from gate guard (before the DoD took over) to regular patrol officer (also before the DoD took over) to combat MP running convoys and training foreign national officers. I have specialty training as a V5 Military Police Investigator, Drug Suppression Team officer, and CID candidate (Criminal Investigation Command – Yep, the acronym is wrong). CID accepting my application packet in 2011 was my wake-up call. I knew it was now or never if I wanted to get out and go to school. I declined the acceptance and began the lengthy out-processing required for me to put my military career behind me.  

Law enforcement culture in this country is out of control, and authority worship extends to anyone wearing a uniform, not just police. The uniformed heroes in the TSA are obeyed when they heroically confiscate our breast milk and other personal items, then heroically hand those items over to the states who, in turn, sell those items back to us for a profit. Classic hero strategy. Similarly, police officers are called heroes simply for signing up to do a job virtually anyone could walk into. I wish I were joking, but I am not. If you want to see what kind of standards are in place to become a police officer, here is a posting I found on Indeed for an Entry Level Police Officer in Minnetonka, MN:

Minimum Qualifications:
A commitment to and belief in the organization's shared values.
Must be a United States citizen.
Two years of accredited college work is required (90 quarter credits or 60 semester credits).
Meet the educational requirements or reciprocity standards of the Minnesota Peace Officer Standards and Training (P.O.S.T.) Board to become licensed as a peace officer in Minnesota by December 29, 2017.
Possess a valid driver's license.
Ability to meet the physical demands as indicated below with or without accommodations.
 
60 semester credits do not necessarily translate to an Associate’s Degree, by the way. Nor does this job posting make mention of the type of degree required. You could effectively have 60 hours of glassblowing and qualify to be a cop in Minnetonka. Neat, huh? For the record, I had a GED, a bad attitude, nine hours of college, 2 years in the “real world”, and the Army gave me a gun, a uniform, and a superiority complex before I was even old enough to drink. No. Not everyone who wears a uniform is a hero, let alone a legitimate authority figure. Luckily, I got my act together and took my duties seriously in a short amount of time. I certainly cannot say the same for many of the men and women with whom I shared a shift.
 
Analysis of the Case:

With regard to Yanez, obviously there was legitimate reason to charge this man with 2 felonies (3 counts). The officer who brought the charges is a special agent, and the man who substantiated them specializes in police procedure. Meaning, the charges against Yanez weren’t made on a whim by random pencil pushers. Henning explicitly outlined his concerns in the criminal complaint, that Yanez initially approached Castile’s vehicle with “his right hand on the right side of his duty belt near his gun” and that, despite allegedly pulling Castile over because he matched the description of an at-large robbery suspect, Yanez ignored protocol by not calling that in. Instead, he called in a busted brake light. To break that down even further, that means Yanez approached Castile’s vehicle with his hand ready to pop the lock on his gun holster for a minor moving violation.  

The Blue Lives Matter’s website reports the following: “I thought I was going to die,” Officer Jeronimo Yanez testified in his defense, “I had no other choice. I was forced to engage Mr. Castile. He was not complying with my directions.” But, which directions does he mean, I wonder? Because the transcripts I read make it clear that Castile was doing everything he was supposed to do as a citizen being detained for a moving violation. Yanez approached the vehicle and asked for Castile’s insurance and ID. Castile provided the insurance as requested and was presumably going for his ID and permit to carry a handgun.  In other words, Castile was following directions when Yanez shot him to death.

In a recent interview, Yanez claimed that the reason he exsanguinated Castile was because: “I, was scared and I was, in fear for my life and my partner’s life.” Right. I know that line. I was taught to repeat the same thing if I ever screwed up beyond belief and the system needed to bail me out. It’s called articulation, and cops count on it. Many times, during guard mount and pre-shift briefings, officers laughed about how foolproof the method of articulation was. You could get away with anything so long as you articulated that you were in fear for your life, or the life of your partner.

​Hell, you could even get away with murder.