Sunday, March 19, 2023

Sunday Long Read: Black Lives Still Matter

This week's Sunday Long Read comes to us from Meg O'Connor at The Appeal, with the story of Jacob Harris, a Black teenager killed by Phoenix police. But Harris's friends have been charged in his murder, and Harris's father Roland has lost nearly everything trying to get to the bottom of his son's death.
 

Roland Harris has watched his son die a hundred times. The final moments of his life, documented in thermal video captured by a police aircraft, are burned into Harris’s mind: His teenage son, Jacob, steps out of a car. He runs from the police. Two seconds later, officers open fire. Bullets pierce his heart, lungs, and intestines. He falls to the ground, bleeding. Police pepper him with rubber bullets, hitting him in the face and backside. He is dying in the dirt. Then officers sic a dog on him.

It has been more than four years since a Phoenix police officer killed Jacob Harris, on January 11, 2019. The police department has since drawn a federal investigation into its use of deadly force. But Roland Harris’s fight for accountability has only left him with more questions: Why did police delete text messages from the night of his son’s shooting? Why are Jacob’s friends the only ones who have been held responsible for his death? How could anyone say his son’s killing was justified?

Harris’s search for answers has come at a significant cost: The cop who killed his son has demanded he pay the officer’s $40,000 attorney fees after a federal court dismissed Harris’s wrongful death suit. Harris and his wife split, in part, he says, because he became so deeply consumed by getting justice for his son.

“I have a void in my life that is never going to be filled,” Harris said. “Even when justice is served. It’s going to hit even harder. Because then I’ll have to focus on him not being here.”

Police have fought Harris every step of the way, refusing to disclose even basic information about his son’s death. It took six months for the department to release its report on the shooting, and even then, it only did so after he threatened to sue, Harris said. Police still have not returned his son’s belongings. But Roland Harris’s memories of Jacob remain fresh.

“He was all about family,” Harris said. “He helped me watch over his little sister, Leilani. He helped me coach little league basketball.”

Jacob had wavy black hair and a big, bright smile, accentuated by the peach fuzz that had grown in above his lip and on his chin. He was on the shorter side—5 feet 4—and he had his dad’s broad shoulders and stocky build. He also had Roland Harris’s brown, almond-shaped eyes.

Harris said that when Jacob found out he was going to be a father at 16 years old, he got a full-time job, finished school, and helped to support his girlfriend and child.

Before long, Jacob and his girlfriend had another child. “Now his daughter will never know him,” Harris said. “His son will never know him. They will grow older. Those memories will fade. And they’re gonna forget him. All because of a trigger happy cop. His kids are never gonna get any father-daughter dances. He’s never gonna get a chance to walk his daughter down the aisle.”

Over the last few years, Harris has slowly uncovered more information about his son’s killing and the events that preceded it. But every answer brings new questions.

In an effort to piece together what happened on the night of Jacob Harris’s death, The Appeal reviewed more than 6,000 pages of records from official investigations into the shooting, the county attorney’s prosecution of Harris’s friends, and the civil suit Roland Harris filed against the city of Phoenix. The Appeal interviewed nine people involved with the case and also obtained police personnel records, transcripts of police radio traffic, and aerial surveillance footage of the shooting.

Prior to publication, The Appeal sent the Phoenix Police Department a detailed list of statements that would appear in this story. A spokesperson for the department did not answer any questions and offered only a brief response stating that the court had dismissed Harris’s suit.

“The case is now on appeal to the 9th Circuit court where you can find the court file,” the spokesperson wrote.
 
But Phoenix Police and Maricopa County prosecutors ruined even more lives in order to protect the officer who killed Jacob Harris.

Law enforcement officials in Phoenix—including Kristopher Bertz, the officer who killed Jacob Harris—have justified the shooting by saying they feared Harris intended to shoot them. But records obtained by The Appeal show that multiple officials have made inconsistent or false statements about the circumstances surrounding the shooting. Even Bertz’s own accounts of that night have differed slightly. Aerial surveillance footage of the incident shows Harris running away. And a judge in the criminal case against Harris’s friends has stated unequivocally that Harris did not turn toward Bertz.

Police records also raise serious questions about the department’s conduct prior to the shooting. Officers had been surveilling Harris and his friends for over 12 hours at the time, believing them to be connected to a string of store robberies. Though police had many opportunities to stop the group throughout the day, they ultimately chose to sit by and watch a robbery occur. Police didn’t seek to apprehend Harris and his friends until after they drove away. But police never alerted the group to their presence or gave them a chance to pull over. Instead, officers escalated directly to a high-risk maneuver that forced the car to a stop. That’s when Harris ran out and was shot.

Despite these issues, the Phoenix Police Department investigated Bertz and determined that he acted in accordance with department policy in killing Harris. The Maricopa County Attorney’s Office declined to prosecute, stating that Bertz did not “commit any act that warrants criminal prosecution.”

Instead, prosecutors decided to hold Harris’s three friends responsible for his death. Arizona’s “felony murder” law allows people to be charged with murder if someone dies during the commission of a felony, even if they did not cause the death. Jeremiah Triplett, Sariah Busani, and Johnny Reed—ages 20, 19, and 14 at the time—were in the car with Harris on the night of his death. The Maricopa County Attorney’s Office charged them with first-degree murder, armed robbery, kidnapping, and burglary.


Busani and Triplett were held in jail on a $1 million bond for three years before finally being sentenced in the first few months of 2022. Busani was sentenced to 10 years in prison. Triplett was sentenced to 30 years. Reed was held on a $500,000 bond and was ultimately sentenced to 15 years in prison—more years than he had even been alive at the time of his arrest
 
A cop killed Jacob Harris. His friends were charged and convicted in his murder.
 
But Black Lives Still Matter.

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