Tuesday, 19 January 2016 00:00 By Josmar Trujillo, Truthout | News Analysis
Dozens of alleged gang members were arrested in December when police raids swept through public housing developments in the Bronx, following similar raids in September and July of 2015. A December multipart Daily News special investigation, packaged behind a “Gangs of New York” front-page cover, reported on the prevalence of gangs throughout New York City, even publishing a map detailing alleged “ganglands.” New York City Police Department (NYPD) Commissioner Bill Bratton, in an op-ed published in the same edition, called the gang activity “violence for its own sake.”
As arrests and indictments pile up to form a media narrative of senseless violence and seemingly irredeemable youth, there are public housing and criminal justice reform advocates who want a different approach. They say that poverty is the underlying root cause of violence – one that cops and gang raids cannot solve.
Shanice Farrar, 42, is the mother of Shaaliver Douse, a teenager killed by cops in 2013 while, police say, he was chasing and shooting at another young man. Farrar is a single mother who has worked as a fire guard (someone who patrols areas lacking functioning fire protection systems) for almost eight years, at times working in the same Bronx public housing development, the Morris Houses, where she and her son lived. She always had dual concerns for Shaalie, as his friends called him: the neighborhood violence and the police who harassed him. She vividly remembers the night he didn’t come home. After calling and texting Shaalie’s phone all night, Farrar woke up on the morning of August 4, 2013, to the sounds of cops banging on her door. NYPD detectives told Farrar that her son had been killed in a shoot-out with police. They said Shaalie was shot in the face after ignoring orders to drop a gun.
Ray Kelly, the NYPD police commissioner at the time, said that Shaalie’s death was justified. Police said they had surveillance footage of him running with a gun. But footage released by the NYPD is incomplete. Images show a young man in a white shirt, purportedly Shaalie, chasing someone around a corner on 151st Street in the Melrose section of the Bronx. The confrontation with cops, where police claim he was told to drop the gun, isn’t seen. Farrar says she’s been denied access to other video angles, as well as the names of the rookie cops who shot her son.
Shaalie’s name and reputation were scrutinized immediately following his death. The newspapers’ presentation of his past arrests as an affirmation of his criminality weren’t fair to him or his family, Farrar says. The New York Daily News described Shaalie as a young man with a “growing rap sheet” and a follow-up story used unnamed sources to claim that Shaalie was, in fact, in a gang. Criminal charges her son was facing were bogus, Farrar insists. In 2012, Shaalie, then 13, was charged with attempted murder. Shaalie told his mom that he’d in fact been robbed at gunpoint by some boys from another housing complex. When cops showed up, everyone ran. Cops caught Shaalie, who didn’t want to cooperate. They told him that if he didn’t tell them whose gun it was, they’d pin the gun, which they found abandoned in some nearby grass, on him. Attempted murder charges were dropped to weapons possession charges when witnesses recanted. After several court dates, the judge in the case suggested that the whole case would soon be thrown out, Farrar says.
New York’s Turn Toward Gang Conspiracy Charges
Building criminal cases and indicting young men with gang conspiracy charges is quickly becoming a favored law enforcement approach in New York – one that’s getting more sophisticated. The NYPD and some of the city’s top prosecutors are targeting mostly young men, usually those living in public housing, with a blend of modern surveillance and conspiracy charges developed in the 1970s to take down the mafia. Raids are usually the final leg of the NYPD’s Operation Crew Cut, a police tactic that targets “crews” – a looser grouping of young people often compared to gangs – by building criminal cases often off of what is obtained from their online activity. Manhattan District Attorney Cyrus Vance’s office has been involved in gang raids in East Harlem, indicting 63 men in 2013, and West Harlem, indicting 103 in 2014 – the city’s largest raid ever. Bronx District Attorney Robert Johnson launched several smaller raids in the Bronx in 2015.
If attempts to get young people to turn away from violence can be described as either carrot or stick approaches, then Operation Ceasefire, a law enforcement initiative based largely on the work of John Jay College’s David Kennedy, is said to offer some carrots. With the help of Susan Herman, a former Pace University professor turned NYPD deputy commissioner, Kennedy’s ideas have gained traction at the police department under Bratton. Herman’s husband, John Jay College president Jeremy Travis, works with Kennedy and used to work for Bratton in the 1990s. With a nearly $5 million grant from the Department of Justice and early influence on the president’s national police reform agenda, Kennedy is one of the most in-demand criminal justice minds in the country.
Like Crew Cut, Ceasefire focuses on a small amount of alleged perpetrators, said to be responsible for a large portion of shootings and murders. This so-called “focused-deterrence” strategy also claims to offer pathways away from violence for suspected perpetrators as cops and community figures partner to dissuade young people from violence. A similar NYPD program focused on robberies, the Juvenile Robbery Intervention Program (J-RIP), has, even by police accounts, shown no effect. The Ceasefire model, perhaps, can differ from city to city. In New York, the chief of department sat down with alleged gang members, mandated to attend through parole agreements, to eat pizza and inform them that they’re being watched. In other cases, cops simply keep close tabs on who they say are the city’s most likely killers, busting them for small infractions like jaywalking. In the 12 precincts where Ceasefire is being formally implemented, shootings are down, but murders are up.
While Ceasefire ostensibly offers a multilayer approach, described by Bratton as a mix between “intensive enforcement” and “genuine offers of assistance,” there is a clear emphasis on the enforcement side as police efforts “pretty much hang a sword over (gang members’) heads.”
“Look, if you or your gang is involved in violent activities then we’re all going to come after you. It’s not just going to be local authorities but the feds and we’ll try to get you every which way we can,” Bratton warned. “When we get them convicted, we get them shipped off to federal prisons so they’re not going to be able to hang out with all their buddies up in the state prisons.”
Criticisms of the Ceasefire Approach to Policing
Alex Vitale, an associate professor of sociology at Brooklyn College, says that some of the city’s efforts to fight violence seem “contradictory” and make little sense. “On the one hand, we’ve seen small increases in the amount of money being devoted to community-based violence reduction efforts in the form of peer violence interrupters and increased services for high-risk youth,” he told Truthout. “On the other hand, the city has invested heavily in new policing strategies that rely on intensive punitive enforcement measures targeting these same populations of young people.” Vitale believes that the law enforcement approach can “actually disrupt the efforts of community-based groups to encourage young people off the streets and into school and employment.”
Programs like Crew Cut and Ceasefire “rely on threats and punishment” and often “run counter to the efforts to reduce youth crime,” Vitale said. He thinks violence intervention work and community-based peer violence mediation offer much more promising alternatives without hinging on police raids or lengthy prison sentences. “Intensive policing undermines those efforts and destabilizes the relationships they are building with these young people,” he added. Wraparound social services, and not gang raids, should be the focus, Vitale says, because poor communities “need more access to real resources that can provide these young people real avenues out of poverty and despair.”
Lessons From New Orleans
Ethan Brown is a licensed investigator in Louisiana. He works on the defense side of drug cases in New Orleans and moved there from New York in 2007. Brown is a critic of Ceasefire and of Kennedy, whom he describes as “this generation’s George Kelling” (a prominent criminologist who is credited with developing the “broken windows” theory of policing). Brown says New Orleans’ supposed success with its own Ceasefire-style efforts, which it launched in 2012, isn’t necessarily backed up by the numbers. Post-Katrina New Orleans has been the murder capital of the United States almost every year. It had the highest murder rate for a US city every year between 2000 and 2011, except for 2005. Brown says that despite dedicating tremendous police resources to fight violence, the city has only seen a modest reduction in the murder rate.
New Orleans offers an interesting test case, since the city has also employed a historically abusive police force – creating a barrier between police and the community with which they’re supposed to collaborate. In 2012, the New Orleans Police Department (NOPD) was placed under a federal consent decree after authorities described the police there as “lawless.” Federal investigations had gone back to the 1990s, but the monitoring program was an overt acknowledgement that the department could not reform itself.
The stories were the stuff of nightmares. Henry Glover was killed by cops in 2005, a few days after Hurricane Katrina struck. His body was found shot and burned inside a car, the fire used as a cover-up by police officers. The infamous Danziger Bridge incident, where NOPD cops shot six people, killing two, and lied that they had been shot at, invited national outrage. There was also the tale of Melvin “Flattop” Williams, the infamously aggressive Black cop ultimately convicted of killing an unarmed man in 2012, fracturing his ribs and rupturing his spleen.
In 2010, a new mayor, Democrat Mitch Landrieu, became the first white mayor of New Orleans since 1978, when Moon Landrieu, his father, ran the city. Landrieu’s administration brought with it promises of police reform and a new police chief, Ronal Serpas. While Serpas was expected to deal with the controversial misconduct and killings at the NOPD, he instead sought to tackle the murder rate. In 2012, he and Landrieu brought in Kennedy to help form “NOLA for Life,” an anti-violence initiative built largely on the Ceasefire model. Reductions in the murder rate seemed promising, falling in 2013 and 2014. However, the murder rate rose again in 2015. And, in fact, murders had already begun to fall from 2011 to 2012, before NOLA for Life. Other cities, like Los Angeles, have seen similarly mixed results. Boston, where Ceasefire originated, initially had big drops in murders, but saw those numbers climb again as the model proved unsustainable.
While NOLA for Life promotes an inspiring array of “carrots,” like job postings and mentoring, the law enforcement “stick” was more like a “bazooka” in New Orleans, according to Brown. “Since 2012, there’ve been an extraordinary number of gang indictments. The sentences that people face are immense, like ones you’d give to drug cartels,” he told Truthout. Brown also thinks that police and prosecutors are casting too wide a net when gangs are targeted.
“The notion of a ‘crew’ or ‘gang’ affiliation is spread so wide, the definition becomes completely elastic,” he said. In this regard, Brown sees business as usual. “[Ceasefire] is presented as some radically new law enforcement approach … but actually, particularly at the federal level, these things have been going on for decades,” he said. And the “carrot” side of the equation? “The cure is unspecified social services that no one has been able to figure out.”
More Sticks Than Carrots
A 2007 Justice Policy Institute report by Judith Greene and Kevin Pranis found not only that the Ceasefire model failed to deliver on some of its violence-reducing claims, but also that the “carrot” side of the model “always lagged behind the suppression side,” or the “stick.” Greene and Pranis criticized the broader gang enforcement tactics that operate on the suppression end as “ineffectual, if not counterproductive.” Specifically, the report points to efforts of police to intensely target gang “leaders” as problematic because destabilizing gangs, which can produce new leaders, can also risk more violence.
Resources spent on gang suppression include money spent on arrests, prosecutions and jail terms. Neighborhood costs include young people being carted off to jail for things they may or may not have done, or simply said they might do, and serving long sentences in prisons – where gangs thrive – only to come home in as bleak a situation as they went in. More importantly, however, is that the police-community partnership narrative that Ceasefire promotes hinges on a questionable equivalency of power between police and community, which can affect how resources are divvied up. Public and private funding made available for social services, or “carrots,” will likely go to groups with established, deferential relationships with law enforcement. In other words, law enforcement is always in control.
Benny, 31, grew up in the Morris Houses in the Bronx. He says the hunt for gangs is unfair to people who live in the community and grow up together, especially young men. “Black lives do matter. When you grow up in a neighborhood like this, they judge you. You see this group right here,” he said, pointing to a group of men and women hanging out on nearby benches. “They’ll consider this like gang activity, even though all we did was grow up together. Next thing you know they’ll be hitting you with conspiracy [charges].” On an unusually warm Friday afternoon in December, people are sitting around on park benches. People of all ages, from teenage boys to older women pushing shopping carts, stop to talk and laugh.
“They’re taking my friends and they’re not helping,” a young woman named Daisy said about police. Daisy, 19, was Shaalie’s friend. She mourned not only Shaalie’s death, but also that of Jujuan Carson, a 19-year-old friend of hers and Shaalie’s who was just killed in November 2015. “They still haven’t found the person who killed Jujuan, but yet they indicted his friends the day before his funeral,” she said angrily. Daisy says she doesn’t trust police. “Whatever comes out of their mouths are lies.”
Jumping to Conclusions About Gang Activity
The Morris Houses stretch down the east side of the Metro North railroad, which runs along Park Avenue, separating them from the Butler and Morris senior houses on the other side. The New York Daily News’ gang map lists “Washside” as an active gang based in the Morris Houses. Farrar objects to that label. “Washside” is the name some Morris kids identify with, but isn’t an actual gang, she says. While she doesn’t deny gun violence, she vividly remembers how her son was characterized as a gang member for all sorts of reasons. If he posted a picture of himself pointing to a new pair of sneakers or holding a new belt, people would say that those were gang hand signs. “Shaalie’s World,” the words on shirts and sweaters Farrar made after Shaalie’s death, is now rumored to be a gang.
Shaalie’s friends often make tributes to him in songs and on social media. Farrar worries that law enforcement may be deliberately conflating a song, tweet or Instagram post with a sign of gang activity. Amateur music videos that mention Shaalie or refer to “Washside” are probably being collected as cops and prosecutors build cases on more young men, she suspects. In 2015, a Brooklyn man was sentenced to 12 life sentences for a string of murders after prosecutors used rap lyrics of songs he posted on YouTube against him.
“I feel it’s like a cycle. That’s how I feel. It’s like this shit is designed for you to either end up dead or in jail,” Benny said as he tested out his new remote-controlled helicopter. “Right now, my little brother got 10 years for conspiracy,” he said. “It’s guilt by association, who you hang with.” Benny knows police are surveilling them, using all of the New York City Housing Authority (NYCHA) and NYPD cameras posted around the neighborhood. “I could be chillin’ with you, you makin’ money, but you been my man since we was kids, and now they taking pictures of us. Let me walk out here with a hoodie tonight and watch me get stopped five times.” Farrar quickly jumps in to recall how Shaalie started wearing hoodies after the death of Trayvon Martin, the Florida boy killed by a neighborhood vigilante. “They really killed him because he was wearing a hoodie, ma?” she recalled him asking.
Farrar, like many of her neighbors, is distrustful of the police and of these new efforts to target alleged gang members. Sitting at some park benches near her building on Washington Avenue, about a mile from where Shaalie died, she and her friends talk about the neighborhood and both the violence and poverty that plague it. For them, poverty is inextricable from the violence – which is something police can’t solve.
“The Kids Need Somewhere to Play”
While Farrar will be the first to agree that youth violence is a problem, the neighborhood’s antagonistic relationship with cops puts them between a rock and a hard place. It was the police, she says, who locked up the basketball courts for two months during the summer. She points at the fence, describing how people were forced to cut and crawl through openings just to play basketball. If cops locked up the courts to prevent violence, then they failed to do even that, some say. A man walks over and says closing the park “wasn’t the solution.” “Now you make it worse,” said the man, who didn’t want to be identified. “Now they got nothin’ to do. Now all they gon’ do is fight now.”
“The kids need somewhere to play,” said Dee, a 35-year-old trainer and boxer who used to train Shaalie. He wants the younger generation to come off of the street and stop fighting with each other, but he says they need resources. He recalls block parties when he was younger that have since become too few and far between. The city-funded health tables and community programming nowadays are directed at very young children and the elderly, not the teens and young adults most susceptible to violence. Worse yet is that programs are limited in scope and time: “They go from like 10 [am] to 12 [pm] and that’s it,” Dee said.
Ms. Betty is 58 and has raised three boys in the Morris Houses. “They’ve got nothing for them to do, that’s our problem. If they find something to do, maybe they’ll stop fighting each other,” she said. For her, the lack of fully functioning community centers contributes to the violence. “It doesn’t make sense. Families got to be crying over their kids and kids fighting for no reason.” While she feels that police are needed, she’s taken aback at the way cops crack down on many in the neighborhood just for hanging out around the buildings. “We just want to be out here like normal people,” she said. She recalls playgrounds inexplicably closed and benches removed from the front of buildings. Asked about the city’s efforts to lease some NYCHA property for private development, she says what the neighborhood needs is an expanded community center. “That don’t make no sense. And they know that.”
“I gave my son a lot of attention. But my son was the child of a single parent who felt his mother, you know, was struggling too hard,” Farrar told Truthout. Asked about the Black Lives Matter movement, Farrar is supportive of marches and protests in response to police killings, but she’s also painfully aware of the fact that many may not jump to stand behind her son’s life because of the questions around his case. Shaalie’s funeral was attended by Constance Malcolm and Frank Graham, the parents of Ramarley Graham, a young man fatally shot by cops who chased him into his grandmother’s house. However, few others in the anti-police brutality movement have made her pain their pain. Asked about the future of the movement, Farrar wants the scope to extend beyond cops. “I’d like Black Lives Matter to help the community come together, do things for kids, help stop the beefing,” Farrar said.
During a march that Farrar and her friends put together a few years back in memory of Shaalie, some of his friends began to chant “Fuck the police, RIP Shaalie” to the cops walking alongside. These were Shaalie’s friends, all from the surrounding buildings. Farrar pulled out her camera phone and kept watch of the cops as the march continued to the spot Shaalie died. The group, too large for the sidewalk, formed a big circle. A police car pulled up and a cop insisted the event clear out because it was blocking the road. Farrar told them they wouldn’t be going anywhere until they were done. They released white balloons into the sky and promised never to forget Shaalie’s name.
Josmar Trujillo is an activist and organizer with New Yorkers Against Bratton. Follow him on Twitter: @Josmar_Trujillo.