Shooting of Timothy Russell and Malissa Williams
|Date||November 29, 2012|
|Time||c. 11:24 p.m.|
|Location||Cleveland and East Cleveland, Ohio, United States|
Timothy Russell and Malissa Williams (fatalities)|
Michael Brelo and 12 others (police officers)
|Deaths||Timothy Russell and Malissa Williams (November 29, 2012)|
Two counts of voluntary manslaughter|
Two counts of felonious assault
|Litigation||Families of Russell and Williams filed a lawsuit against the city of Cleveland, received $3 million|
The shooting of Timothy Russell and Malissa Williams, or as it is sometimes known "137 shots", two homeless African American individuals, occurred in East Cleveland, Ohio on November 29, 2012, at the conclusion of a 22-minute police chase which started in downtown Cleveland. Thirteen police officers fired at Russell and Williams 137 times while they were in their car at a parking lot of a middle school. In May 2014, one of the officers involved, Michael Brelo, was charged with two counts of voluntary manslaughter, and was acquitted by a Cuyahoga County judge of the charges on May 23, 2015.
Five police supervisors were also charged with dereliction of duty, a misdemeanor. Their trial was set on July 27, 2015.
The families of Russell and Williams filed a lawsuit against the city of Cleveland, and received a settlement of $3 million in November 2014.
On January 26, 2016, it was reported that six Cleveland police officers were fired due to their connection with the car chase. They were identified as Brelo, Wilfredo Diaz, Brian Sabolik, Erin O'Donnell, Michael Farley, and Chris Ereg.
Timothy Russell and Malissa Williams
Timothy Russell had a criminal record that included charges of trespassing, domestic violence, petty theft, and robbery. Russell had met Williams at the Bishop Cosgrove Center, where they both received free meals. He was living at the Metropolitan Ministry Center prior to his death.
Malissa Williams lived at the Norma Herr's Women Center on Payne Avenue in Cleveland. According to records, she struggled with drug addiction and mental illness. Cleveland police had 33 encounters with Williams since 2001, mainly for drug or mental health-related issues.
Russell was driving his 1979 light-blue Chevrolet Malibu and Williams was seated in the passenger seat. A plainclothes police officer spotted Russell's car in an area known for drug deals. After the officer called in the license plate and it came up clean, he tried to pull over the car anyway for a turn signal violation. Russell, however, did not pull over and a police chase ensued. As Russell sped past two officers, they believed that they heard shots being fired. As no firearm was found in the vehicle, the sound was most likely caused by the car backfiring.
According to The Plain Dealer, the chase went up to speeds of 100 mph and a total of 62 police cars were involved at one point. Officers from Cleveland, East Cleveland, Bratenahl, the Cuyahoga County Sheriff's Department, the Ohio State Highway Patrol, and the Greater Cleveland Regional Transit Authority participated in the chase.
After a 22-mile chase, Russell turned into Heritage Middle School, located in East Cleveland. Police officers believed they saw a firearm in the car and that Russell was planning on running them over. One officer subsequently opened fire, followed by others. The amount of gunfire confused the officers into thinking they were being fired at from the vehicle. In the end, thirteen officers fired a total of 137 bullets into the car, with Officer Michael Brelo firing 49 of those shots. Russell was struck 23 times, and Williams was struck 24 times. No weapon was recovered from the vehicle.
On May 30, 2014, only one officer of the thirteen who fired at the car, Michael Brelo, was indicted on two counts of voluntary manslaughter in connection with the shooting. He was the only officer who continued to shoot even after the others stopped firing, and was said to have actually moved forward and jumped onto the hood of the victims' car, after which he reportedly shot approximately fifteen rounds. The two counts of voluntary manslaughter carried a maximum penalty of 22 years of prison if convicted. Five police supervisors were also indicted for dereliction of duty. According to Cuyahoga County prosecutors, Brelo stood on the hood of Russell and Williams' car and fired straight down at them through their windshield after the twelve other officers stopped firing. Prosecutors said that the actions were unreasonable and went past his duties as a police officer.
On May 23, 2015, Cuyahoga Common Pleas Judge John P. O'Donnell found Brelo not guilty of the charges. O'Donnell stated that while Brelo fired lethal shots at Russell and Williams, other officers did as well. O'Donnell also found Brelo not guilty of a lesser included charge of felonious assault, asserting that Brelo was legally justified in his use of deadly force. O'Donnell read his 35-page verdict in court, and said there was "beyond reasonable doubt" that the prosecution had to meet to get Brelo convicted.
On June 3, 2015, it was announced that an arrest warrant was filed against Brelo for an alleged assault on his twin brother, Mark R. Brelo, on May 27, in Bay Village, Ohio. The brothers turned themselves in on June 3, after Brelo's intoxicated brother had run to a neighbor's home to ask them to call 911 on his brother, Michael Brelo, by whom he was being chased and allegedly assaulted. They were released on their own recognizance.
On January 26, 2016 the six officers (Wilfredo Diaz, Brian Sabolik, Erin O'Donnell, Michael Farley, Chris Ereg and Michael Brelo) were fired from their jobs at the Cleveland Police. The Cleveland Police Patrolmen's Association said that they would work to get the six reinstated to their positions. Five of the six officers were reinstated in October 2017 as required by the ruling of an arbitrator.
The U.S. Department of Justice announced on May 24, 2015, that they will open an investigation in the deaths of Russell and Williams, and will review the testimony and evidence presented at Brelo's trial. This investigation was closed in January 2017.
Trial on dereliction charge
This section needs to be updated.(April 2018)
Trial for the five police officers that Cuyahoga County charged with misdemeanor dereliction of duty was set for July 27, 2015. On July 2, 2015, the East Cleveland prosecutor filed its own dereliction of duty charges against the same five officers, and the County dismissed its charges on July 24, 2015. The officers objected to moving the trial to East Cleveland, and appealed the dismissal. In May 2016 an Ohio appeals court held that the dismissal was improper, but in April 2017 the Ohio Supreme Court reversed and left it up to the trial court judge, William Dawson, to decide where the trial would go forward. Judge Dawson has not yet put the case on the docket.
In March of 2018, two defense attorneys reported that prosecutors had offered to drop all charges against the officers if they paid fines of $5,000 each. They declined the offer. On March 22, 2018, prosecutors filed a formal motion asking the court to set a trial date. All five officers have pleaded not guilty.
After Brelo was acquitted, violent--followed by peaceful protests and unrest ensued in downtown Cleveland, which led to the arrests of at least 71 people as of May 25. Among those arrested were charged with felonious assault, rioting, and failure to disperse. At least 15 people were apprehended by riot police officers. The deaths of Russell and Williams were two of several killings of unarmed African Americans protested by the Black Lives Matter movement.
The families of Russell and Williams filed a lawsuit against the city of Cleveland, claiming they were liable for the wrongful deaths of the two. In November 2014, Cleveland paid $3 million to the two families, which was split evenly.
- Black Lives Matter
- Death of Sandra Bland
- Death of Jonny Gammage
- Hands up, don't shoot
- Shooting of Andy Lopez
- Shooting of Jeremy McDole
- Death of Jonathan Sanders
- Shooting of Alton Sterling
- Shooting of Tamir Rice
- Emmett Till
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