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The story of Martin Brown

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* House Speaker Michael Madigan’s spokesman Steve Brown endured a heart-rending tragedy last year. He writes about it today in the St. Louis Beacon…

About four months before the shooting of Michael Brown in Ferguson, police less than 15 miles down I-70 in St. Charles shot another man named Brown. The event barely drew any attention from anyone except immediate family and friends.

The man killed was Martin Brown; Martin Brown is my brother.

St. Charles police were called to his home on Clark Court about 9 p.m. on April 16. One call came from his wife, and she said he needed a mental health evaluation. Another caller said the man was shooting fireworks and disturbing the neighbors. Police were told there were no weapons in the St. Charles man’s house. The fireworks complainant said, however, that the Brown had a “belligerent attitude and was pointing what looked like a large pistol.”

Within seven minutes of their arrival on the scene, one officer fired a failed Taser. Another repeatedly told Brown to drop the object in his hand and did not attempt a Taser shot. A third officer issued the same command, but did not fire a Taser. Less than three minutes after arriving on the scene, he had fired his SigSauer P226 nine times, and he was on the radio requesting an ambulance.

Martin Brown, 52, was pronounced dead at a nearby hospital.

Martin Brown was a brother, husband, father and grandfather. He had series of health problems in recent years. He had been drinking before the shooting. The medical examiner’s autopsy showed a blood alcohol level of 2.0, but no evidence of other drugs. St. Charles Police provided no records or reports of additional police incidents involving Brown.

Take a moment today and go read the whole thing.

* Brown also sent an accompanying note with his e-mail today…

Some of you know this story. Some do not.

A few months ago it was suggested this story might contribute to the efforts to help reform the use of lethal force. A version of this article is now part of the official record of the Presidential Task Force on 21st Century Policing. The following was published this morning by St. Louis Public Radio/St. Louis Beacon.

I think it is appropriate for you to have a little heads up. I am not certain how much attention, if any, it might draw. Several lawyers have reviewed the incident and determined there are not grounds for action. I am not sure Marty’s immediate family has reached the same conclusion.

I can only hope it might spur broader use of body cameras and more importantly better awareness by police on how to deal with incidents involving persons with health issues.

Police have a tough job, but they also have total control of lethal force . The combined elements create responsibility that must be treated very seriously.

Discuss.

posted by Rich Miller
Wednesday, Mar 25, 15 @ 9:14 am

Comments

Well Written, Well Said

Comment by x ace Wednesday, Mar 25, 15 @ 9:27 am
Before I even think about the issues, I have to say how much respect I have for Steve Brown and how sorry I am for his loss.

That he is able to speak about something so personal with an eye towards the greater good speaks volumes about his character.

Comment by Agricola Wednesday, Mar 25, 15 @ 9:30 am
Nine times? That can’t possibly be by-the-book training, can it? Is that just panic?

I don’t understand these things.

Google “Saginaw MI police shooting” for a very disturbing video.

Eignt cops, with a police dog, are confronting a homeless man with a penknife in a semi-circle. The man does not appear to be within 15 yards of the cops.

Somehow, they just unload on the guy with 46 shots. Forty six.

How are these things possible?

Comment by Wordslinger Wednesday, Mar 25, 15 @ 9:31 am
What Steve Brown wrote about and his analysis is worthy of intelligent discussion. He wrote a well balanced piece that raised issues here that I’ve never thought about. My sympathies to the Brown family.

Comment by Louis G. Atsaves Wednesday, Mar 25, 15 @ 9:31 am
I’m sorry for Steve’s loss.

Could police clearly see what the object was? What did the object turn out to be? Why didn’t the two police officers fire their tasers? 9 shots? All questions that require responses from the police.

Having said that, I doubt they’re criminally liable for anything, but civil liability is quite another matter. Seems like elements could point to an over-reaction on the part of the third officer.

Comment by PublicServant Wednesday, Mar 25, 15 @ 9:31 am
I cannot imagine the suffering of this family. They are absolutely right. There is something seriously wrong when so many people are being killed by police. It is wrong that there are so many people out there with guns that cops have to respond to an object in someone’s hand that might be a gun. Lethal force is used and it turns out there was no gun at all.

Our society is a mess, allowing this to go unchecked.

Comment by Aldyth Wednesday, Mar 25, 15 @ 9:32 am
I have great respect for Steve Brown and was unaware of this entire incident. He brings up many good points. I believe if an officer believes the suspect has a lethal weapon and refuses to surrender it, the officer’s responsibility is to save his life as well as the public’s. However I’m not sure 9 shots were needed to do this but I don’t know all the facts. I’m certain there is room for improvement in police response, however I’m just as certain that being a police officer is one of the toughest jobs out there. Most of us don’t go to work every day wondering if we will get to come home at night. Regardless, my sympathies to the Brown family.

Comment by Former Merit Comp Slave Wednesday, Mar 25, 15 @ 9:35 am
sympathies to Steve and his family. and major props to Steve for sharing his pain in the hope that something good will come of the tragedy. it is not easy at all to share such pain and loss.

Comment by Amalia Wednesday, Mar 25, 15 @ 9:38 am
Condolences to Mr Brown and the rest of his family. This could not have been easy to write.

The addition of military grade hardware to many of these police forces is concerning.

Comment by Formerly Known As... Wednesday, Mar 25, 15 @ 9:41 am
Word, it’s like the Ron White joke: ‘I didn’t know how many of them it would take to kick my butt…but I knew how many they were gonna use’. Knowing how many bullets it takes to stop someone isn’t like a pharmacy script.
I suspect it is informal insitutional training; like doctors practicing ‘preventative medicine’ to guard against litigation - shooting him ‘once’ implies that you really weren’t in fear for the safety of your/others lives. Emptying your clip underlines your judgment of fear..

So if we think that is excessive, then we need to address it in policy/training. I am also curious if that is what they are formally trained to do.

Comment by Shark Sandwich Wednesday, Mar 25, 15 @ 9:49 am
Heartbreaking story. Courageous response. A lifetime of questions that will never find answers. Godspeed.

Comment by A guy Wednesday, Mar 25, 15 @ 9:53 am
I’m sorry for Mr. Browns loss.

Unfortunately the object in his brothers hand was a Marksman BB gun. These are a full scale replica of a Colt 1911 hand gun missing only a hammer. The incident occurred at 9:00 P.M. in the dark. As Rich said read the whole thing. None of us know what happened. Mr. M. Brown may have raised the pellet gun and pointed it toward the police only the officers at this point know. As for additional Tasers Since he appeared to have a firearm covering him with a firearm or two makes sense.

It is a tragedy and a very good example of why body cameras would be essential and should be provided.

Comment by Mason born Wednesday, Mar 25, 15 @ 9:55 am
Condolences to the family of Mr. Brown on their loss.

He mentioned Tennessee v. Garner. He didn’t mention Graham v. Connor, which clarifies that a police officer’s actions in a deadly force encounter don’t have to the perfect, they merely have to be reasonable - as in the “reasonable person” standard: what would a reasonable and prudent average person, knowing what the individual knew at the time of the incident, do in that situation…

It sort of echoes the late, great Chief Justice Oliver Wendall Holmes comment that “Detached reflection is not demanded in the presence of an upraised knife.”

You point a gun or gun-like object at cops in close proximity while acting belligerent or mentally ill, you’re liable to get yourself shot. Ditto for edged weapons or blunt force instruments. Indeed, you may even be shot repeatedly, especially if you’ve got an edged weapon.

Things happen quickly in these events, and things are seen in a blur. On scene good guys are not going to apply detached reflection when they believe they are about to die. Try it on a training simulator sometime. Or better yet, in force on force training.

Body cameras aren’t going to be a panacea to deadly force incidents, but they will help take away some of the uncertainty in some people’s minds about the actions of police officers. They will also help ensure everyone is on their best behavior, which in and of itself is helpful.

One last thought: The officers who took Brown’s life have to live with that for the rest of their lives.

Even “sanctioned” killing, such as a justifiable use of deadly force, is a life-changing event. Nothing good comes of taking another person’s life except that you (probably) live to see another day.

Unfortunately, people utterly ignorant of the law and its provisions are often some of the quickest and loudest to condemn justifiable use of force to save innocent life from death or great bodily injury. “Why didn’t he just mind his own business?” or “Why didn’t he shoot him in the leg?” or “They shouldn’t have shot him so many times!”

Police officers who are found to have acted to the standard by which they will be judged under law should be supported following the use deadly force. They don’t deserve second-guessing to the end of time by the uninformed or those with financial interests seeking a payday.

Hope this helps.

John

Comment by John Boch Wednesday, Mar 25, 15 @ 10:07 am
Both state and federal government could reduce police shootings.

They choose not to.

It was noted last night at John Marshall Law School at a forum on police brutality that half those shot by cops are mentally ill.

Also noted, nurses & social workers deal with these people all the time and don’t need to kill them.

The article makes it pretty clear Officer Mark Lane didn’t need to shoot Martin Brown.

1. Lane did not follow existing court rulings on shooting a subject.

2. Lane was over 30 feet away and behind his SUV. He shot Brown b/c he could, not b/c it was necessary.

The way prosecutors handle these cases is that if the killer cop says, “I felt in fear” no criminal punishment will occur.

The exposed officers, Mike Davis & Russel Sternberg didn’t feel the need to shoot, but Lane, the protected officer, did.

Lane was involved in a questionable shooting in the past.

One of the modest things the federal government could do is license cops. After all they are empowered to take about the civil liberties and lives of US citizens. The federal government probably should ensure they are reasonably competent and remove the licenses of cops that get themselves in bad situations.

Comment by Carl Nyberg Wednesday, Mar 25, 15 @ 10:10 am
The police brutality that is going on nationwide needs to stop and the lethal use of force not only reexamined but also the structure of our police forces. There is no need for cops to hit the ground running to face a protest like they are storming the gates of Fallujah.

Comment by Jorge Wednesday, Mar 25, 15 @ 10:11 am
Training definitely appears to be one of the issues. An NPR report yesterday stated that the ‘training’ many officers receive (or at least , how they understand it, which is more important) is that they have a green light to shoot/kill people if the circumstances present a reasonable belief of danger to themselves. For some, apparently, it becomes a preferred choice, rather than a ‘when all else fails’ choice. In other words, they may not actually believe they need to use deadly force, but they know they are permitted to, so why take chances? I can’t comment on how any of that applies here, of course.

Comment by Anonymous Wednesday, Mar 25, 15 @ 10:16 am
A sad story all around. Unfortunately, these incidents are happening very often these days.

Not being there, it’s always hard to determine events exactly as they actually happened. My thoughts after reading the article written by Mr Browns brother are these.

1- Three armed officers
2-30 feet between officers and Mr Brown
3- Mr Brown’s blood alcohol of 2.0? He would be dead or comatose at 2.0, perhaps it was .20 since DUI standard is .08%.
4- Nine rounds from a SigSauer P226. I think they are chambered in 9mm and .40 cal. (Ferguson officer Wilson carried a similar Sig in .40 cal.)

Nothing brings back Mr Brown but from facts in the article it looks it could possibly be excessive force. Only a jury can sort it out at this point. Sad all around…

Comment by I B Strapped Wednesday, Mar 25, 15 @ 10:21 am
An insider told me that federal training of local cops make cops more likely to shoot. This is not just true of the cops who receive federal training but cops who are in the same units. Knowledge spreads.

So, more training may actually lead to more shootings.

There are tons of ways to reduce police shootings, if people in power want to reduce police shootings.

Do they want to reduce police shootings?

Comment by Carl Nyberg Wednesday, Mar 25, 15 @ 10:38 am
I feel so sad for Mr Brown and his family. What a horrid ending.
What a strange event, such a lack of communication, so many unresolved issues are left hanging.

Comment by Belle Wednesday, Mar 25, 15 @ 10:39 am
Im sorry for the Brown’s family loss an avoidable death is always a trgedy.
However there is one sure way for a citizen to come away unharmed in an encounter with the police COOPERATE with the police. Obey verbal commands and do as the officer requests. If thats done there would be no tradedies like both Brown families are left to deal with

Comment by Cop Wednesday, Mar 25, 15 @ 10:42 am
Federal law is heavily stacked against successfully suing police departments.

To bring a Section 1983 claim the plaintiff has to resolve “qualified immunity” issue before gathering evidence and deposing cops can begin.

The deck is stacked in favor of killer cops. That’s why USA has so many dubious shootings by cops.

Of course, having a bunch of people who shouldn’t be cops working in law enforcement is a big problem too.

Comment by Carl Nyberg Wednesday, Mar 25, 15 @ 10:43 am
Condolences to the Brown family. No one starts the day thinking they are going to lose a loved one at the hands of the police.

The shooting (killing) of M Brown may have been ruled justifiable, but there is enormous room for improvement. Why was the last officer to arrive the first to shoot–nine times–so quickly? Why was the shooting officer’s statement not videotaped in a timely fashion? Why only one, failed, taser attempt? And on and on.

I have cops in the family. I want everyone to make it home safely.

Comment by Langhorne Wednesday, Mar 25, 15 @ 10:44 am
”

- Formerly Known As… - Wednesday, Mar 25, 15 @ 9:41 am:

Condolences to Mr Brown and the rest of his family. This could not have been easy to write.

The addition of military grade hardware to many of these police forces is concerning.
”
Agree with Formerly Known As…..
I think the SigSauer P226 is semi-automatic, which could contribute to the the high number of bullets fired. This gun has a pedigree of use by Navy Seals, etc.

Comment by nothing new Wednesday, Mar 25, 15 @ 10:44 am
Common in-the-field training for cops just out of the academy from their partners: “If you fire once and hit a [suspect], empty your whole magazine into them.”

If you don’t, when the incident occurs, other officers shun you as not with the program.

Appears to be almost universal, as well as disgraceful and cowardly. Also usually denied by police higher ups and training manuals.

At least where I grew up.

Comment by walker Wednesday, Mar 25, 15 @ 10:44 am
@ Carl - I don’t have any issues with a federal license for police officers. I am also in support of body cameras for police as I believe it will protect the police (as well as provide solid evidence for getting rid of the ‘bad apples’) but I strongly disagree with the faulty logic that any health care professional (who is dealing with a mentally ill subject in a controlled situation) is somehow akin to dealing with a mentally ill person who is (or in this case, appeared to be) armed with a ‘handgun.’

Being a Monday morning QB is always easy. When it’s dark and you have knowledge that even people who have been shot multiple times have killed officers and it’s your life (or your fellow officers’) it’s not always a clear, easy decision & you’ve got about a quarter of a second to make it (and hope it’s right). I strongly disagree with the comparison used.

All that said: My sympathies and prayers are with the Martin Brown family, and I applaud their constructive reaction to a situation that must be extremely painful for them.

Retired now - came close to having to shoot someone on two different occasions (literally starting to squeeze the trigger when the person dropped his weapon & I stopped - whew!) during my career and I thank God that I never had to. Most cops are like me - they never want to be in that situation.

Dehumanization, whether it is dehumanizing the police as ‘bullies looking for an excuse to shoot someone’, or a police officer dehumanizing a suspect because he is a ‘low-life’, is wrong. People are individuals and are far more complex than a broad stereotype would suggest.

Comment by Anon Wednesday, Mar 25, 15 @ 10:46 am
My most sincere condolences to Steve and his family. What they have been through is unthinkable, and I admire him for sharing in an effort to make a difference, and to not allow himself to be silenced.

My son suffers from mental illness and refuses treatment for many years. He is a grown man. When he was younger he was jailed when intoxicated and not making good choices. I have lived in fear that he may resist police and not come home to his family.

I know many good police officers who are also concerned that certain calls may be their last and they want to come home to their families. According to them, domestics seem to be the worst and least predictable situations they face.

This is a difficult situation with no easy answers. Brutality does take place. Brutality and unnecessary force must not be tolerated. How to go about ending it without taking away an officer’s ability to defend themselves and others? I am unsure.

Comment by Say WHAT? Wednesday, Mar 25, 15 @ 10:54 am
As for the only one taser attempt. If one oofficer is providing cover for the officer attempting to use the taser it would make sense for that officer to be the one firing. Remember Mr. Brown had a full scale replica firearm in his hand in the dark. To all appearances he had a lethal weapon. Would you really want officers to approach a suspect with a real handgun with only a taser and no one covering them? We don’t know what happened after the first taser attempt. We don’t know if Mr. Brown took aggressive action or stood there numbly.

As for the 9 shots. Movies and tv have conditioned people to think once someone is shot they instantly stop and fall down. It doesn’t happen in real life especially with a 9mm. Most police are trained to fire until the threat is resolved and a .2 BAC is a lot of anesthetic.

Comment by Mason born Wednesday, Mar 25, 15 @ 11:13 am
This cop was less than 3 minutes on the scene before the man was shot 9 times- says everything about the problem.

Comment by Liberty Wednesday, Mar 25, 15 @ 11:17 am
To say that Officers “have total control of lethal force” is incredibly naive. No one wants people to die but the offenders actions are always part of the equation. Police aren’t perfect mistakes get made but to imply they are in complete control of these situations is naive at best. By the way two police officers have been murdered in the last 24 hours they did not control the lethal force or decide when it was used.

Comment by Anonymous Wednesday, Mar 25, 15 @ 11:24 am
I think we know why mental health was spared in the recent round of cuts. I’m sorry for Mr. Brown’s loss, however, sometimes it takes something close to home to happen for us to realize how important things in the state budget are.

Comment by Illini Dem guy Wednesday, Mar 25, 15 @ 11:55 am
I am just so very sorry. And, wow, Steve, what an amazing thing to do - write from your heart while the pain is so fresh, but still try to make the world a better place. I ache for you and your family.

Comment by WonderfulWorld Wednesday, Mar 25, 15 @ 12:02 pm
My heart goes out to Steve Brown and his family, and the family and friends of Martin too.

I appreciate the candor and thoughtful words of Steve Brown and I am grateful for the note written by Steve Brown in the second part of the Post to remind me where focus needs to be, and how important this discussion is.

Comment by Oswego Willy Wednesday, Mar 25, 15 @ 12:30 pm
Police consider any challenge to their “authority,” no matter how minor, to be a life or death situation. Don’t believe it? Read Cop’s comment.

Most suffer from a grave but basic misunderstanding: they believe they have the authority to enforce the law (and sometimes their wishes) on pain of death, when in fact arrest is their VERYstrongest legal tool of compliance.

Comment by crazybleedingheart Wednesday, Mar 25, 15 @ 12:40 pm
crazybleedingheart - It’s sad you would write that in light of my comments above. “Most cops?” Really? Your extensive personal contact with multiple members of law enforcement lead you to that conclusion? /s

Comment by Anon Wednesday, Mar 25, 15 @ 1:09 pm
My condolences to the entire Brown family - I vaguely recall reading about this is the StL Post-Dispatch.

Well written article, some very disturbing aspects of this incident, involving both the use of force and the mental health issues involved. Ample basis for a full discussion of both parts of this tragedy.

Full disclosure, I have several family members that are ISP, not local forces, and know of other families dealing with mental health issues.

These issues go far beyond D and R and need to be dealt with in a straightforward, non-partisan manner and as a State we need to make certain that appropriate funding is available for both treatment and training.

Comment by illini Wednesday, Mar 25, 15 @ 1:32 pm
I’m sorry for his loss. But - read this story of the California cop killed by a suicidal subject. link here
https://gma.yahoo.com/california-cop-fatally-shot-suspect-threatening-suicide-114453737–abc-news-topstories.html

Comment by anon. Wednesday, Mar 25, 15 @ 2:07 pm
I know Steve pretty well. He has never spoken of this to me.

Comment by Keyser Soze Wednesday, Mar 25, 15 @ 2:38 pm
My sincere condolences to Steve Brown and his family on this shocking loss. It’s testimony to Steve’s talent as a communicator that he could write such a strong, but balanced piece on the most emotional of topics.

For my two cents worth, it seems like Greater St.Louis has too many little police departments with enough money for Tasers, Sigs, and Tahoes, but not enough for pre-and post-employment psychological testing. Fire ‘em all and let the good guys hire back on as County cops.

Comment by Arthur Andersen Wednesday, Mar 25, 15 @ 3:20 pm
SO SO SORRY to hear about this tragic story. I didn’t know. Condolences to Steve and Marilyn and his whole family. This is horrible and frightening. Steve is to be commended for his courage in discussing this and working toward a remedy to this all-too-often occurrence.

Comment by Sick of It All Wednesday, Mar 25, 15 @ 5:16 pm