I know I have used this before, but it best describes two news stories which intersected this week. During the height of the police shootings of unarmed African-Americans, Daily Show host Trevor Noah reminded us, “You can be both pro-police and pro-Black Lives Matter.” Life is not black and white. A second look at two disparate events this week should remind us life is also not brown and white.
On Tuesday, Nassau County, Florida Sheriff Bill Leeper emailed that Francisco Obidio Portillo-Fuentes was due to appear in court on Thursday. Portillo-Fuentes is charged with aggravated manslaughter, felony murder, escape and resisting an officer without violence. These charges stem from a November 2016 incident when Portillo-Fuentes, an undocumented immigrant, ran across State Highway 200 in Yulee, Florida after being stopped at a service station by U.S. Border Patrol. Portillo-Fuentes exited the truck in which he was riding and fled the scene. A Nassau County Sheriff’s Deputy Eric Oliver, who happened to be at the service station, joined in pursuit. In the course of the chase, Oliver was struck by a car and died.
When the case comes to trial, one can imagine lawyers on both sides stipulating to the following.
- Portillo-Fuentes was in the country illegally to which he pleaded guilty and was sentenced to two years in prison.
- Law enforcement officials had the right to apprehend Portillo-Fuentes.
- Portillo-Fuentes, by fleeing, did not present a imminent threat to the Border Patrol or Oliver.
- It was Portillo-Fuentes’ decision to try and evade arrest.
- Oliver felt it was his duty to help apprehend Portillo-Fuentes.
- Oliver’s death was an unnecessary tragedy in part due to Portillo-Fuentes’ decision to flee the scene.
Which brings us to yesterday in New Bern, North Carolina, where state and local governments ordered a mandatory evacuation of all residents as Hurricane Florence inched towards the coastline. Thursday night, local resident Peggy Perry placed the following call to 911.
In a matter of seconds, my house was flooded up to the waist, and now it is to the chest. We are stuck in the attic.
Fortunately, all involved including the first responders who rescued Perry and her family made it to safety. But what if that had not been the case. Suppose one of the emergency officers had drowned or been crushed by a falling tree. Would Perry have been charged with aggravated manslaughter and felony murder? Let’s look at the facts.
- Perry chose to defy a government order to evacuate.
- She was in her home illegally.
- Perry did not represent a threat to any emergency officer or the community, only to herself and her family.
- Out of a sense of duty, the deceased first responder attempted to rescue her.
- The first responder’s death was an unnecessary tragedy in part due to Perry’s decision to ignore the mandatory evacuation order.
What do you think are the chances Perry, like Portillo-Fuentes, would have been charged with manslaughter and murder?
I will leave Portillo-Fuentes’ fate to the Nassau County Court jury. But I cannot help but wonder if this is just one more example of the double standard which remains embedded in our system of justice. It is at least worthy of debate.
For what it’s worth.
Dr. ESP
When I first read about the officer’s terrible and tragic death, I was surprised by the manslaughter and murder charge against Portillo-Fuentes. Seems a stretch. I know nothing about the law, but I generally accept that anybody can sue anybody, prosecute whatever charges if motivation is overwhelming. If my spouse died in a similar situation, I think I would endorse a murder charge, if at all feasible… at least at the outset. I doubt grief or time could ever really free me of the idea that someone should hang for this. I would hope race has no bearing.
Your point is well taken. That is why I did not voice an opinion about the pending case in Yulee. Once charged, a jury will decide. Your points about family grief and a desire to seek justice should apply in both cases. I tried to find just one instance in which a white person had been charged with murder where a police office or firefighter had died while responding to a cry for help and could not.