Authors: Jill Leovy
To that unseen problem, John Skaggs was the antidote.
Had Dovon’s case been assigned to another detective, it might easily have gone unsolved like hundreds of others—just another blue binder on a shelf. But in Skaggs’s hands, it had become a relentless campaign for justice.
And Dovon’s mother knew it. That was the basis of their kinship.
So now Skaggs stood with one hand in his pocket, one on his hip, regarding Pritchett on the floor, and did what years of homicide work had taught him to do: he waited, silent and unhurried.
Not the least embarrassed, Pritchett closed her eyes as if she were alone, pressed her face into the shoe of her dead son, and sobbed.
This is a book about a very simple idea: where the criminal justice system fails to respond vigorously to violent injury and death, homicide becomes endemic.
African Americans have suffered from just such a lack of effective criminal justice, and this, more than anything, is the reason for the nation’s long-standing plague of black homicides. Specifically, black America has not benefited from
what Max Weber called a
state monopoly on violence
—the government’s exclusive right to exercise legitimate force. A monopoly provides citizens with legal autonomy, the liberating knowledge that the government will pursue anyone who violates their personal safety. But slavery, Jim Crow, and conditions across much of black America for generations after worked against the formation of such a monopoly. Since personal violence inevitably flares where the state’s monopoly is absent, this situation results in the deaths of thousands of Americans each year.
The failure of the law to stand up for black people when they are
hurt or killed by others has been masked by a whole universe of ruthless, relatively cheap and easy “preventive” strategies. Our fragmented and underfunded police forces have historically preoccupied themselves with control, prevention, and nuisance abatement rather than responding to victims of violence. This left ample room for vigilantism—especially in the South, to which most black Americans trace their origins. Hortense Powdermaker was among a handful of Jim Crow–era anthropologists who noted that the Southern legal system of the 1930s hammered black men for such petty crimes as stealing and vagrancy, yet was often lenient toward those who murdered other blacks.
In Jim Crow Mississippi, killers of
black people were convicted at a rate that was only a little lower than the rate that prevailed half a century later in L.A.—30 percent then versus about 36 percent in Los Angeles County in the early 1990s. “The mildness of the courts where offenses of Negroes against Negroes are concerned,” Powdermaker concluded, “is only part of the whole situation
which places the Negro outside the law.” Generations later, far from the cotton fields where she made her observations, black people in poor sections of Los Angeles still endured a share of that old misery.
This is not an easy argument to make in these times. Many critics today complain that the criminal justice system is heavy-handed and unfair to minorities. We hear a great deal about capital punishment, excessively punitive drug laws, supposed misuse of eyewitness evidence, troublingly high levels of black male incarceration, and so forth.
So to assert that black Americans suffer from too
little
application of the law, not too much, seems at odds with common perception. But the perceived harshness of American criminal justice and its fundamental weakness are in reality two sides of a coin, the former a kind of poor compensation for the latter. Like the schoolyard bully, our criminal justice system harasses people on small pretexts but is exposed as a coward before murder. It hauls masses of black men through its machinery but fails to protect them from bodily injury and death. It is at once oppressive and inadequate.
America has long been more violent than other developed nations, and
black-on-black homicide is much of the reason. This is not new. Measurements are problematic, since few official efforts were made to track black homicide before 1950.
But historians have traced disproportionately high black
homicide rates all the way back to the late nineteenth century, and in the early twentieth, “nonwhite” homicide rates exceeded those of whites in all cities that reported federal data. In the 1920s, a scholar concluded that
black death rates from homicide nationwide were about seven times white rates. In the 1930s,
Southern observers also noticed startling rates of black violence, and
in the 1940s, a Philadelphia study found that black men died from homicide at twelve times the white rate. When the U.S. government began publishing data specific to blacks in 1950, it revealed that same gap nationwide. The black homicide death rate
remained as much as ten times higher than the white rate in 1960 and 1970, and has been
five to seven times higher for most of the past thirty years.
Mysteriously, in modern-day Los Angeles,
young black men are murdered two to four times more frequently than young Hispanic men, though blacks and Hispanics live in the same neighborhoods. This stands out because L.A., unlike well-known murder centers such as Detroit, has a relatively small black population, and it is in decline. By Skaggs’s time, there were few solidly black neighborhoods left; most black residents of South Los Angeles lived in majority-Hispanic neighborhoods. Yet black men died here as they died in cities with large and concentrated black populations, like New Orleans, Washington, D.C., and Chicago—more often than anyone else, and nearly always at the hands of black assailants. In L.A., it was strange how all those bullets seemed to find their black targets in such an ethnically jumbled place; it was, as one young man put it, as if black men had bull’s-eyes on their backs.
Violent crime was plummeting in Los Angeles County, as it was across the country, by the spring of 2007, when Dovon Harris was murdered. But the disparity between black male death rates and those of everybody else remained nearly as large as ever. No matter how much
crime dropped, the American homicide problem remained maddeningly, mystifyingly, disproportionately black.
Despite so much evidence of a particularly black homicide problem, however, there was relatively little research or activism specific to black-on-black murder. That gruesome history of Southern racism made the topic an uncomfortable one for many Americans. One of the enduring tropes of racist lore had been the “black beast,” the inferior black man who could not control his impulses and was prone to violence. By the early twenty-first century, popular consensus held that any emphasis on high rates of black criminality risked invoking the stigma of white racism. So people were careful about how they spoke of it.
Researchers describe skirting the subject for fear of being labeled racist. Activists have sought to minimize it. “When the discussion turns to violent crime,” legal scholar James Forman, Jr., has pointed out, “
progressives tend to avoid or change the subject.” Privately, some black civil-rights advocates describe feeling embarrassed and baffled by the stubborn persistence of the problem. “Like incest,” is how one L.A. street activist, Najee Ali, put it, talking of the shame and secrecy the issue evokes. Other concerned blacks cite their fear of inflaming white racism: Why emphasize what seems sure to be used against them?
Yet the statistical truth was undeniable, and most Americans understood it intuitively even if they didn’t talk about it in polite company. There was something in the way the nation acquiesced in shootings and stabbings among “inner city” black men that suggested these men were expendable—or, worse, that perhaps the nation was better off without them.
To John Skaggs, the nation’s collective shrug toward homicide was incomprehensible. He sensed also that public indifference made his job more difficult. He might have found some support from none other than the black legal scholar Randall Kennedy. “It does no good to pretend that blacks and whites are similarly situated with respect to either rates of perpetration or rates of victimization. They are not,” Kennedy wrote.
“The familiar dismal statistics and the countless tragedies
behind them are not figments of some Negrophobe’s imagination.”
Explicitly confronting the reality of how murder happens in America is the first step toward deciding that it is not acceptable, and that for too long black men have lived inadequately protected by the laws of their own country.
A KILLING
It was a warm Friday evening in Los Angeles, about a month before Dovon Harris was murdered.
Sea breezes rattle the dry palm trees in this part of town. It was about 6:15
P.M.
, a time when homeowners turn on sprinklers, filling the air with a watery hiss. The springtime sun had not yet set; it hovered about 20 degrees above the horizon, a white dime-sized disk in a blinding sky.
Two young black men walked down West Eightieth Street at the western edge of the Los Angeles Police Department’s Seventy-seventh Street precinct area, a few miles away from where Dovon Harris lived. One was tall with light brown skin, the other shorter, slight, and dark.
The shorter of the two young men, Walter Lee Bridges, was in his late teens. He was wiry and fit. His neck was tattooed and his face wore the mournful, jumpy look common to young men in South Central who have known danger. His low walk and light build suggested he could move like lightning if he had to.
His companion, wearing a baseball cap and pushing a bicycle, appeared more relaxed, more oblivious. Bryant Tennelle was eighteen
years old. He was tall and slim, with a smooth caramel complexion and what was called “good hair,” smooth and wavy. His eyes tilted down a little at the corners, giving his face a gentle puppy look. The two young men were neighbors who whiled away hours together tinkering with bicycles.
They were strolling on the south side of Eightieth. Bryant carried in one hand an unopened A&W root beer he had just bought. Thirties-era Spanish-style houses—updated with vinyl windows—lined the street, set back a few feet from the sidewalk. Each had a tiny lawn mowed so short it seemed to blend with the pavement. Buses roared by on Western Avenue. Crows squawked and planes whistled overhead as they descended into Los Angeles International Airport, close enough to read the logos on their tails. Groups of teenagers loitered at each end of the street. An elegant magnolia loomed near the end of the block, and across the street hunched a thick overgrown Modesto ash.
The ash tree stood in front of a tidy corner house. Behind that house, in the backyard on the other side of the fence, another man was cleaning out a tile cutter. He had just retiled his mother’s bathroom.
Walter and Bryant were taking their time walking down Eightieth chatting, their long shadows stretching behind them. They walked in sunshine, though dusk engulfed the other side of the street. Three friends emerged from a house at the end of the block behind them and called out a greeting. Walter stopped and turned to yell something back. Bryant kept walking toward the ash. A black Chevrolet Suburban pulled up to the curb around the corner, on the cross street, St. Andrews. A door opened and a young man jumped out. He pulled on gloves, ran a few steps, and halted under the tree, holding a gloved hand straight out, gripping a firearm.
Pap. Pap-pap
.
Walter reacted instantly. He saw the muzzle flashes, saw the gunman—white T-shirt, dark complexion, gloves—even as he sprinted. The man with the tile cutter was still behind the fence. He couldn’t see the shooter. But he heard the blasts and dropped instinctively. He was forty, had grown up a black man in South Central and had the same
battle-ready reflexes as Walter. He lay flat on the ground as gunfire boomed in his ears.
Bryant’s reflexes were slower. Or perhaps it was because he was looking straight into the setting sun. To him, the gunman was a dark silhouette. Bryant staggered, then reeled and fell on a patch of lawn overhung by a bird-of-paradise bush. Silence. The tile cutter drew himself to his feet, crept to the fence, and peeked over.
The shooter stood a few feet away, next to the ash tree on the other side of the fence.
He was still holding the gun. The tile cutter watched as he walked a few paces, then broke into a run: there must be a getaway car nearby. The tile cutter made a brave decision: he followed the shooter, watched him jump back into the Suburban, and tried to read the license plate as it sped away. He turned and saw Bryant lying on the grass.
Teenagers were converging from three directions. One young man dropped to his knees next to Bryant. Joshua Henry was a close friend. He took Bryant’s hand and gripped it. With relief, he felt Bryant squeeze back. “I’m tired, I’m tired,” Bryant told him. He wanted to sleep. Josh could see only a little blood on his head. Just a graze, he thought. Then Bryant turned his head. A quarter of his skull had been ripped away.
Josh stared at the wound. Only then did his eyes register Bryant’s cap, lying on the ground nearby, full of blood and tissue. He heard his own voice chattering cheerfully to Bryant, telling him he would be okay.
Standing over them, the man with the tile cutter was pleading with a 911 dispatcher on the phone, straining to keep the details straight as his eyes took in the scene. “Eightieth and Saint Andrews!” He took a breath and muttered hoarsely: “Oh my god.”