Jeronimo Yanez – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 Officer Who Shot Philando Castile Says Smell of Marijuana Made Him Fear For His Life https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/officer-philando-castile-marijuana-smell/ https://legacy.lawstreetmedia.com/blogs/cannabis-in-america/officer-philando-castile-marijuana-smell/#respond Sat, 24 Jun 2017 21:34:34 +0000 https://lawstreetmedia.com/?p=61629

No, smoking pot does not mean you're dangerous. And yes, this crime was racially motivated.

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Image Courtesy of Fibonacci Blue: License (CC BY 2.0)

The officer who fatally shot Philando Castile during a traffic stop last July said the smell of “burnt marijuana” coming from the vehicle made him fear for his life. The weak justification comes from a newly released transcript of Minnesota police officer Jeronimo Yanez’s interview with two special agents from the Minnesota Bureau of Criminal Apprehension, the state agency investigating the shooting.

“I thought I was gonna die,” said Yanez when recounting the shooting the following day. “If he has the, the guts and the audacity to smoke marijuana in front of the five year old girl and risk her lungs and risk her life by giving her secondhand smoke and the front seat passenger doing the same thing then what, what care does he give about me.”

In other words, Yanez interpreted the smell of marijuana to mean that Castile had no regard for human life–a quantum leap, if I’ve ever heard one.

In the transcript, Yanez repeatedly mentions smelling marijuana in the car and claims it was on his mind at the time of the shooting. He said that because of the odor, he didn’t know if Castile had the gun “for protection” from a drug dealer or people trying to rob him. Make no mistake, Yanez’s prejudicial jump from possible pot user to criminal evading drug dealers is racially motivated, and he likely wouldn’t have come to that conclusion had Castile been white.

But more than half of American adults have admitted to trying marijuana at least once, and 22 percent of adults say they currently use marijuana. Numerous studies have shown that marijuana actually decreases aggression for many individuals. The majority of states have some kind of marijuana legislation–whether that be medical or recreational–on the books, and a growing number of states are actively advancing toward legalizing the drug recreationally.

While it is illegal to smoke marijuana without a medical license in the state of Minnesota, the drug is in fact decriminalized. Possessing 42.5 grams or less is a misdemeanor offense, carrying a no prison time and a maximum fine of $200.

Autopsy results concluded that Castile had high levels of THC in his system at the time of the stop, but it’s unclear whether he was impaired or not at the time. Still Yanez’s attorneys attempted to convince the judge that Castille was culpable in his own death because he was “stoned.”

“The status of being stoned (in an acute and chronic sense) explains why Mr. Castille: 1) did not follow the repeated directions of Officer Yanez; 2) stared straight ahead and avoided eye-contact; 3) never mentioned that he had a carry permit, but instead said he had a gun; and 4) he did not show his hands,” the lawyers wrote in a motion to dismiss the charges against Yanez.

Ultimately, Yanez was acquitted last week by a Minnesota jury on all charges in the shooting death of Castile, but the shocking conclusion still left much of the nation in a collective state of disbelief. Based on Yanez’s testimony, it appears clear that both racial prejudices and stigmas surrounding marijuana use factored into the tragic shooting.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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Officer Shot Philando Castile While Wearing “Police Lives Matter” Bracelet https://legacy.lawstreetmedia.com/blogs/culture-blog/officer-shot-philando-castile-wearing-police-lives-matter-bracelet/ https://legacy.lawstreetmedia.com/blogs/culture-blog/officer-shot-philando-castile-wearing-police-lives-matter-bracelet/#respond Wed, 21 Jun 2017 20:56:22 +0000 https://lawstreetmedia.com/?p=61581

This has sparked even more criticism.

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Man Leaves Flowers at the Intersection Where Philando Castile was Killed. Courtesy Lorie Shaull; License CC 2.0

Minnesota authorities released thousands of documents as well as dashcam footage related to the traffic stop during which a police officer shot Philando Castile seven times in front of his girlfriend and her five-year-old daughter. The aftermath of the shooting was famously captured through Facebook Live last summer.

The files and other data related to the investigation were released on Friday following the acquittal of Officer Jeronimo Yanez on second-degree manslaughter. This was the first time in Minnesota history that an officer was charged in an on-duty fatal shooting, according to the New York Times, and the result seemingly set a chilling precedent that a black man must move his hands toward his legally-obtained firearm in a specific way that does not scare the police officer in order to avoid being shot.

While the newly-released dashcam footage raised its own questions about why Castile was shot at a traffic stop during which he was supposedly believed to be a suspect in a robbery, new concerns have come up after a photograph of Officer Yanez after the incident was released.

“Police Lives Matter” of course is a bastardization of “Black Lives Matter,” the phrase based on the idea that black lives in the United States have been disregarded to the point where society as a whole needs to be reminded that they do indeed matter. The phrase, similar to “Blue Lives Matter,” rests on the idea that the lives of police officers are not valued enough in this country and is often used as a counter-argument to “Black Lives Matter.”

If anything, that movement has been arguably more successful than BLM. In addition to Officer Yanez’s acquittal–which was celebrated by a “Blue Lives Matter” Twitter account–state legislatures have passed, or attempted to pass, laws that would make murdering police officers a hate crime. Texas signed a “Blue Lives Matter” bill into law earlier this month, citing growing concerns from police officers of feeling less safe in the line of duty, despite a decades-long decline in the number of line of duty deaths, with only a third as a result of murder. States like Arizona, Arkansas, Georgia, Kansas, Kentucky, Mississippi, Missouri, Nevada, North Dakota, Oklahoma, Tennessee, Utah and West Virginia, most of which are led by Republicans, have also enacted similar laws providing more protection for police officers.

The number of people killed by police, on the other hand, reached a two-decade high in 2013 and has continued to increase since.

The photo also shows the possibility that the death of Philando Castile could have been avoided. On the left side of Officer Yanez’s belt sits a taser, an instrument that has been authorized by many police departments. While some may argue that the taser is either ineffective or not used often enough, it’s worth pointing out that complaints from tasered civilians seem common enough to warrant a page on a Minnesotan Civil Rights Lawyers’ site.

And activists and politicians alike have already reacted to the dashcam video that shows Yanez firing into Castile’s car less than one minute after the traffic stop with varying conclusions.

State Rep. Nick Zerwas (R-Elk River) called the video tough to watch, but added that the footage only reinforced how Yanez had a difficult split-second situation to make and explained the jury’s decision.

“It’s these very short but very clear verbal commands to not reach for it. And once you start down that path and the officer interprets noncompliance, it’s going to play out very, very quickly,” said Zerwas, who was named 2017 Legislator of the Year by the Minnesota Police and Peace Officers Association. “Looking at that video in context of all the information, you can see how the jury could reach that conclusion and understand why deliberations went on for all those days.”

“No, no, no,” said Tyrone Terrill, president of the state’s African-American Leadership Council, minutes after viewing the video. “You don’t have to remain calm on this one. You have a right to be outraged. You have a right to be angry. And I would be disappointed if you weren’t outraged, if you weren’t angry. It raises the question — how will you ever get a guilty verdict?”

What exactly happened inside Castile’s car after Officer Yanez arrived at the window will probably never be known. But what many are left with is the image of a police officer–whose actions eventually left another man dead–posing with paraphernalia supporting a belief that a person in his line of duty is not valued enough in society.

Editor’s Note: This article was updated on 6/22 to correct where Officer Yanez is from. 

Gabe Fernandez
Gabe is an editorial intern at Law Street. He is a Peruvian-American Senior at the University of Maryland pursuing a double degree in Multiplatform Journalism and Marketing. In his free time, he can be found photographing concerts, running around the city, and supporting Manchester United. Contact Gabe at Staff@LawStreetMedia.com.

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