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FinalCall.com News
National News
Trial approved for officer with history of ‘use of excessive force’
By Chris Nisan
Minneapolis Spokesman-Recorder
Updated Feb 3, 2005 - 2:45:00 PM
MINNEAPOLIS (NNPA) - On Jan. 10, the Eighth Circuit Court of Appeals cleared the way for a civil lawsuit, brought by the family of Charles Craighead against the city of St. Paul and police officer Michael Lee, to go to trial. Mr. Craighead was a Black man who was shot and killed by St. Paul Police Officer Michael Lee in December 2001.
In the ruling by the three-judge panel, the court rejected arguments by the city that the case should be dismissed because it and Off. Lee had immunity from claims stemming from the incident.
“This is a classic example of a case that should be decided by trial rather than summary judgment,” said the panel in its decision.
Mr. Lee is also the officer who was recently accused of beating 85-year-old Leon Nins of St. Paul and spraying him with mace.
“It [the shooting] was unnecessary,” said Mr. Craighead’s longtime companion, Joyce McDougle, in an interview with the Spokesman-Recorder. The police officer who did this to Charles should be punished. When we heard about it [the Nins incident], we just couldn’t believe that this officer was still being allowed to work.”
Off. Lee shot and killed Mr. Craighead in what is perhaps one of the most bizarre incidents of police violence in recent memory.
Mr. Craighead was defending himself against an attempted carjacking by Carlos Scott, who had shot two men earlier that day and was trying to take Craighead’s vehicle in an apparent attempt to escape. According to witnesses’ testimony recounted in court documents, the two men scuffled over Mr. Scott’s gun. Mr. Craighead had taken the gun from Mr. Scott, said Ms. McDougle and another witness. They said he was holding the gun over Mr. Scott’s head out of his reach, “as an older child would hold an object out of reach of a younger child who was trying to take it from him,” according to court documents.
When Off. Lee arrived at the scene, he fired his shotgun, killing Mr. Craighead and wounding Mr. Scott. According to Off. Lee, he ordered Mr. Craighead to put the gun down. He said Mr. Craighead did so for a moment, but quickly picked it back up again and pointed it at Mr. Scott and then at him. It is at this point, Off. Lee said that he fired.
Ms. McDougle and another witness, Meredith Price, testified that the officer did not tell Mr. Craighead to put the gun down, gave no commands or warnings, and that Mr. Craighead never put the gun on an object in the dumpster as alleged.
“[Lee] arrived, got out of the car, and shot him. It was pretty much that quick,” said Ms. Price in her testimony recounted in court documents.
“There is enough evidence to find Lee guilty of use of excessive force,” said the Craighead family’s attorney John Goetz. “It’s important for us to prove that Lee had a propensity for this kind of behavior.”
Atty. Goetz pointed to Off. Lee’s suspension in 1990 for use of excessive force, lying to Internal Affairs investigators, and making false statements on a police report.
A disciplinary letter from then-chief of police William McCutcheon obtained by the Spokesman-Recorder confirms Mr. Goetz’s assertions. In the letter, Chief McCutcheon reprimands Off. Lee for striking a “suspect at least twice with a flashlight.” The letter goes on to say that “Under the circumstances, this force was unnecessary and excessive, i.e., the suspect was under control and other officers were present.”
Leaders of the St. Paul NAACP met with the U.S. attorney and presented a formal letter demanding a federal investigation into the case of Leon Nins under federal civil rights law.
In addition, the two organizations sent a letter to St. Paul Mayor Randy Kelly, First Ward Council Member Debbie Montgomery, and the president of the St. Paul City Council. The letter demands that an independent investigator be appointed to handle both the criminal and internal investigation of the Nins incident, Nathaniel Khaliq, president of the St. Paul NAACP, said in an interview.
