Prosecutor says it was Reasonable for Hon Cops to Run Up On a Black Man @ Night w/o ID’ing Themselves and Use Lethal Force in Self-Defense During Their Unprovoked Assault and Arrest for Civil Trespass
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From [HERE] Three police officers in Honolulu won't be charged for the fatal shooting of Lindani Myeni, a 29-year-old Black Man from South Africa, after prosecutors said their use of force was justified.
The officers had responded to the scene of an alleged unlawful entry call in April after Lindani mistakenly entered a house which was an Airbnb where an Asian couple was staying. Lindani, who was a tourist on vacation with his wife and 2 children, believed it to be the temple next door.
When he entered he alarmed the couple. A doorbell video shows the 29-year-old arriving at the house, taking off his shoes before entering through an open door and then quickly leaving after his presence confused the Asian couple. In the video Myeni is heard repeatedly apologizing to them as he exited. The couple frantically overreacted and called 911 and during an emotional call reported him as dangerous and claimed to be terrified.
Police responding to the 911 call immediately approached and then shot and killed him a short time later outside the house.
The video reveals the fact that cops never announced themselves in a very dark area at night as they shined a bright light into the Black man’s face. As the cops quickly ran up on him and put their hands on him he defended himself.
A lawsuit filed on his behalf said he likely mistook the home for a temple next door that’s open to the public. Unarmed, the Black man from South Africa was wearing a traditional Zulu headband with a tuft of fur at the forehead.
City Prosecutor Steven Alm said Wednesday they officers were justified in their shooting. He also said that after a months-long investigation, prosecutors had determined race wasn't a factor in the shooting.
Doorbell and police bodycam camera footage had shown Myeni ignoring commands to get on the ground. The camera then shows a stun gun fired by police either malfunctioning or having no effect on Myeni.
Most importantly the video also shows that an officer fired several gunshots at Myeni before identifying themselves as 'Police!'
Myeni was taken to the hospital where he died. The exact time lapse between Myeni arriving at the Airbnb and the fatal shooting is not clear.
Acting Deputy Police Chief Allan Nagata has acknowledged police did not initially identify themselves but said: 'They were in the fight for their lives. They were very brave. They didn't shoot or discharge the firearm right away. This was not a case of overreaction.'
Alm said officers tried to use non-lethal, non-deadly force before they fired.
'Officer 1 was justified in shooting Mr. Myeni in self-defense. Officer 2 was justified in shooting Mr. Myeni in defense of another.'
Alm said that police had little choice but to shoot Myeni, after attempting to subdue him by non-lethal means.
Among the findings, he noted that after the officers arrived, Myeni was acting strange and told them he 'was not afraid' [of his unidentified assailants] after they told him to lie on the ground. Police claim Lindani tried to open the door to their cruiser and engaged in a violent scuffle.
Additionally, he said, Myeni was stronger than any one of the responding officers and was able to overpower them in the scuffle, with the most seriously injured officer suffering a concussion. He has yet to return to work.
Myeni continued to fight with the officers despite being shot with a taser and once with a firearm. He was then shot another three times, killing him.
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Witness the government’s perversion of self defense. First of all self defense is concerned with the right to protect oneself from an aggressor. Secondly, “deadly force” is only justified in self-protection if the actor reasonably believes that its use is necessary to prevent imminent and unlawful use of deadly force by the aggressor. Additionally, a person cannot use deadly force against an aggressor if he knows that he has a safe avenue of retreat available. Also, self-defense is unavailable to those who respond with violence while laboring under an honest but unreasonable belief in the necessity for self-preservation and also unavailable to those who come to the rescue of the aggressor (defense of others).
Here, the cops were the aggressors who initiated a violent assault in the dark on a Black man without announcing themselves. The Black Man was unarmed and apparently trying to get away from his unknown assailants. Thus, deadly force, which was already unavailable to them because they were the aggressors, could not have been applied because the cops were not facing an imminent, deadly attack from an unarmed Black man defending himself against their aggression and trying to flee.
We are told the above the natural laws concerning human behavior and self-defense do not apply to cops because they have authority to initiate violence against citizens or the moral right to forcibly control citizens who are required to obey commands. It is axiomatic that all the power belonging to the government and its agents comes from the people. All the power the government has is only what people have given it, there is no other source of power. If citizens don’t have the power to initiate unprovoked acts of violence against others then how could citizens delegate police officers the power to do so? If delegation is not possible then How exactly did government representatives and police acquire such magical, super-human powers [the moral right forcibly control others and to initiate unprovoked acts of violence]??
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SO SHOOK BY SKIN COLOR THEY DON’T REALIZE THEY ARE OUTSIDE and THEY DON’T LOOK SCARED. ASIAN COUPLE HELPED TO GET A BLACK MAN MURDERED
The officers haven't been named throughout the course of the investigation -- naturally, because they are “public servants” their names must be kept secret to foster unaccountability and worsen public relations.
Sabine and Dexter Wang, visiting Hawaii from New Jersey for more than a month, were “freaked out” when a stranger walked into the Honolulu home where they were staying and acted oddly, Scot Brower, an attorney representing the homeowner and the tourists said.
“He didn’t get no permission. He didn’t get any consent. He went in that house,” Brower said.
Exactly counselor - that is called a “trespass,” which is a civil tort not a crime. He entered the house through an open door and immediately left the premises when the Asian couple asked him to do so. As such, his conduct was not against the will of the occupant and he appeared to mistakenly enter, not knowingly enter the house unlawfully and did not remain unlawfully in or upon premises to meet the elements of misdemeanor trespass in Hawaii. The cops could have learned the above information if they had simply asked a few questions to corroborate details from the 911 call.
The Wangs have provided inconsistent stories about what happened, said Bridget Morgan-Bickerton, an attorney for Myeni’s wife, Lindsay Myeni.
“Nothing the Wangs have said justifies the way that officer approached Lindani or justifies that they did not announce themselves as police,” she said.
Myeni wouldn’t have known it was police shining bright lights in his eyes on a dark night, the lawsuit said.
Myeni's wife, Lindsay, has filed a wrongful death lawsuit against the city, and her attorney Jim Bickerton said the announcement would not impact the civil case, and that the prosecutors' conclusions had left many questions unanswered, Hawaii News Nowreported.
'Mr. Alm's focus on the shooting ignored the first action of ordering an unarmed person to lie on the ground at gunpoint,' Bickerton said in a statement. 'When you avoid addressing the very first wrongful act committed, your analysis of what comes afterwards should not be accepted by the public.' {When they ordered him to lay on the ground what was he under arrest for? As stated, there was no probable cause for unlawful entry because his entry through an open door was not against the will of the couple and he immediately exited when they told him to go]
