Locals on race: No simple solutions, calm protests help

May 21—The killing of George Floyd and other excessive force cases stirred protests across the country and sparked a year's worth of conversations about law enforcement and its relationship with the public. The recent conviction of former police officer Derek Chauvin offered an opportunity to reflect on the state of the nation.

Tahlequah, like many cities, was the site of demonstrations. A group of residents converged on Norris Park every day over the summer to kneel at noon, as way to rebuke incidents like what happened to Floyd. Prior to the trial of Chauvin, Cathy Cott, who was one of the several area residents to silently protest at the park, said his death was the straw that broke the camel's back.

"I wanted to quietly, but consistently, draw attention to the racism in our country and the perils BIPOC [Black, Indigenous and people of color] citizens face to just get through each day," she said.

Although police departments across the U.S. have been under the microscope in recent years, Cherokee County's area law enforcement officers haven't faced such intense backlash. But they haven't dealt with cases that generated extreme controversy among the public, such as incidents wherein a minority is unfairly treated, harassed, or killed.

"On those occasions when I engaged with the Tahlequah Police Department, I found the officers to be courteous, respectful and professional," said Cherokee County Democratic Party Chair Yolette Ross, who is Black.

Debates about police reform have increased since Chauvin's trial, though. Some cities have called for their police departments to be defunded, while many have called for more accountability.

Cherokee County Libertarian Chair Shannon Grimes said policy institutionalizes the challenges between police and the public.

"To improve racial and individual justice, we need to focus on the bad policies that promote the bad interactions, and then insulate accountability," he said. "We need criminal justice reform and removing qualified immunity. Those things will do more for racial justice and justice in general than most things."

"Qualified immunity" is a legal principle that grants government officials performing discretionary functions immunity from civil lawsuits, unless the plaintiff shows the official violated someone's statutory or constitutional rights. The New York City Council recently passed a law that would allow citizens to sue officers for excessive force and other violations without having to combat the qualified immunity defense by officers.

Shortly afterward, NYPD's Union sent a letter to its members, advising them to "proceed with caution when taking any police action which could lead to physical engagement with any person, and avoid physical engagement to the greatest extent possible while also assuring your own safety and the safety of others. Also, you are strongly cautioned against engaging in any stop & frisk (unless doing so for your own or others' safety), search of a car, residence, or person unless you are certain that you are clearly and unequivocally within the bounds of the law. ..."

"Of course, one would think and hope that behavior by public servants would always be by that standard," Grimes said. "But it isn't, and largely because there is little consequence."

Instances of unarmed Black people being killed by police officers stirred massive protests throughout the country and globe in 2020. The public was already on edge after the deaths of Jacob Blake, Manuel Ellis and Breonna Taylor, but once the video of Floyd in his final moments spread across the internet, it set off a chain reaction, and Black Lives Matter rallies were abundant. Advocates point to these events as evidence of systemic racism.

In some situations, police officers found to have used excessive force while engaging with a member of the public did not actually live in the areas they patrolled. Dr. John Yeutter, who led many of Tahlequah's demonstrations, said instances such as this should be cause for concern.

"You would think members of the police would be part of the community," said Yeutter. "I think that creates a problem, when the police [force] is not part of the community and doesn't reflect the community."

Cherokee Nation Marshal Service Director Shannon Buhl doesn't see systemic racism when he looks around, and he's not convinced the death of Floyd was racially motivated. He believes the bigger problem, with regard to excessive use of force, lies with officers not being properly prepared to deal with high-stress situations.

"I had an instructor out there once tell me the most dangerous creature on the earth is a scared police officer," Buhl said. "When you look at that, I have to agree, because that officer has a gun and all the tools to do really bad things. And if they get scared, they lose their sense of reason."

Buhl, who has 20 years of law enforcement experience and is an instructor in use of force, said Chauvin's use of his knee to pin down Floyd by his neck was not the national standard. He said had Chauvin allowed Floyd to sit up straight after being handcuffed, the man would still be alive today. In such situations, Buhl said, it's important to ask the right questions, such as what events led up to Floyd's arrest.

"Racism, sexism, whatever you want to call it, should be at the end of these questions, because it just rarely happens," Buhl said. "If it does happen, how do you fix it? If you tell me that police are systemic racists, how do you fix it? I would argue that you can't fix a racist. You can jail a racist and do all sorts of stuff to a racist, but I think that person is going to be racist. So there's no fix. Let's look at the stuff that we can fix."

Regardless of whether people believe systemic racism is a contributing factor to the relationship between law enforcement and minorities, it's apparent the situation has reached a tipping point in recent years. Some people feel the events over the past year have fostered dialogue on the issue, but most wouldn't argue there is still work to be done.

Ross believes there has been an increase in public awareness of the "great divide," as it relates to race relations and policing, since the death of Floyd.

"There are no simple solutions to address the issues that exist between the police and communities of color," she said. "Activists, religious leaders and legislators throughout the United States are developing proposals to address police misconduct, racial bias and police brutality, but we have a long way to go."