THE BLADE: TOLEDO, OHIO ■ TUESDAY, APRIL 20, 2021
SECTION A, PAGE 4
NATION & FROM PAGE 1

with the pair of shoes in her size, a 2004 ba­con-themed de­sign that the com­pany re-re­leased in March.

An­thony Bays, Eli­jah’s father, said his son loves bas­ket­ball

but also has an ar­tis­tic side, which usu­ally man­i­fests by draw­ing dif­fer­ent con­cepts for sneak­ers.

“He loves draw­ing sneak­ers,” Mr. Bays said. “I tell him this is a huge sal­ary jump, but he said if he can’t make it to the NBA, he wants to be a shoe de­signer.”

But, like Mrs. Bacon, that

Bays fam­ily had mostly for­got­ten about Eli­jah’s de­sign in 2019 when the shoes ac­tu­ally ar­rived.

Qui­etly, Mr. Bays and Mrs. Bacon de­vised a plan to sur­prise Eli­jah at school with the news.

“She con­tacted me and told me that this pic­ture that my son drew, Nike had ac­tu­ally

re­sponded,” Mr. Bays said. “She said, ‘Well, look what I got in the mail.’

“She was su­per ex­cited and so was I. She just wanted me to keep it from Eli­jah, so we ended up go­ing up to the school to sur­prise him, and he was speech­less. He was so ex­cited.”

Weeks af­ter the shoes

ar­rived on Mrs. Bacon’s door­step, the whole or­deal still feels al­most like a dream.

What started as a nice ges­ture from a stu­dent and a tweet from an ac­count with 57 fol­low­ers ended up with a per­fectly named pair of shoes for Mrs. Bacon, and a to­tally un­ex­pected sense of val­i­da­tion for a stu­dent with an in­ter­est in

sneak­ers.

“He was just speech­less be­cause he didn’t think any­thing would come of that pic­ture,” Mr. Bays said. “He just did it for his teacher, but the fact that Nike re­sponded was over ev­ery­body’s ex­pec­ta­tions.”

Con­tact Nicho­las Pio­trow­icz at

npio­trow­icz@the­blade.com or

on Twit­ter @NickPio­trow­icz.

Nike
Continued from Page A1

His bail was im­me­di­ately re­voked and he was led away with his hands cuffed be­hind his back. Sen­tenc­ing will be in two months.

As the judge

asked ju­rors if they reached a ver­dict, a hush fell on the crowd 300 strong in a park ad­ja­cent to the court­house, with peo­ple lis­ten­ing to the pro­ceed­ings on their cellp­hones. When the fi­nal guilty ver­dict was an­nounced, the crowd roared, many peo­ple hug­ging, some shed­ding tears.

At the in­ter­sec­tion where Mr. Floyd was pinned down, a crowd chanted, “One down, three to go!” — a ref­er­ence to the three other fired Min­ne­ap­o­lis po­lice of­fi­cers fac­ing trial in Au­gust on charges of aid­ing and abet­ting mur­der in Mr. Floyd’s death.

Janay Henry, who lives nearby, said she felt grate­ful and re­lieved.

“I feel grounded. I can feel my feet on the con­crete,” she said, add­ing that she was look­ing for­ward to the “next case with joy and op­ti­mism and strength.”

An ec­static Whit­ney Lewis leaned half­way out a car win­dow in a grow­ing traf­fic jam of rev­el­ers wav­ing a Black Lives Mat­ter flag. “Justice was served,” the 32-year-old from Min­ne­ap­o­lis said. “It means George Floyd can now rest.”

The ver­dict was read in a court­house ringed with con­crete bar­ri­ers and ra­zor wire and pa­trolled by Na­tional Guard troops, in a city on edge against an­other round of un­rest — not just be­cause of the Chau­vin case but be­cause of the deadly po­lice shoot­ing of a young Black man, Daunte Wright, in a Min­ne­ap­o­lis sub­urb April 11.

The ju­rors’ iden­ti­ties were kept se­cret and will not be re­leased un­til the judge de­cides it is safe to do so.

Mr. Floyd, 46, died May 25 last year af­ter be­ing ar­rested on sus­pi­cion of pass­ing a coun­ter­feit $20 bill for a pack of cig­a­rettes at a cor­ner mar­ket. He pan­icked, pleaded that he was claus­tro­pho­bic and strug­gled with po­lice when they tried to put him in a squad car. They

put him on the ground in­stead.

The cen­ter­piece of the case was the ex­cru­ci­at­ing by­stander video of Mr. Floyd gasp­ing re­peat­edly, “I can’t breathe” and on­look­ers yell­ing at Chau­vin to stop as the of­fi­cer pressed his knee on or close to Mr. Floyd’s neck for what au­thor­i­ties say was 9½ min­utes. Mr. Floyd slowly went si­lent and limp.

Pros­e­cu­tors played the foot­age at the ear­li­est op­por­tu­nity, dur­ing open­ing state­ments, with Jerry Black­well tell­ing the jury: “Be­lieve your eyes.” And it was shown over and over, an­a­lyzed one frame at a time by wit­nesses on both sides.

In the wake of Mr. Floyd’s death, demon­stra­tions and scat­tered vi­o­lence broke out in Min­ne­ap­o­lis, around the coun­try and be­yond.

In the months that fol­lowed, nu­mer­ous states and cit­ies re­stricted the use of force by po­lice, re­vamped dis­ci­plin­ary sys­tems or sub­jected po­lice de­part­ments to closer over­sight.

The “Blue Wall of Si­lence” that of­ten pro­tects po­lice ac­cused of wrong­do­ing crum­bled af­ter Mr. Floyd’s death: The Min­ne­ap­o­lis po­lice chief quickly called it “mur­der” and fired all four of­fi­cers, and the city reached a stag­ger­ing $27 mil­lion set­tle­ment with Mr. Floyd’s fam­ily as jury se­lec­tion was un­der­way.

Po­lice-pro­ce­dure ex­perts and law en­force­ment vet­er­ans in­side and out­side the Min­ne­ap­o­lis de­part­ment, in­clud­ing the chief, tes­ti­fied for the pros­e­cu­tion that Chau­vin used ex­ces­sive force and went against his train­ing.

Med­i­cal ex­perts for the

pros­e­cu­tion said Mr. Floyd died of as­phyxia, or lack of ox­y­gen, be­cause his breath­ing was con­stricted by the way he was held down on his stom­ach, his hands cuffed be­hind him, a knee on his neck and his face jammed against the ground.

Chau­vin at­tor­ney Eric Nel­son called a po­lice use-of-force ex­pert and a fo­ren­sic pa­thol­o­gist to help make the case that Chau­vin acted rea­son­ably against a strug­gling sus­pect and that Mr. Floyd died be­cause of an un­der­ly­ing heart con­di­tion and il­le­gal drug use.

Chau­vin did not tes­tify, and all that the jury or the pub­lic ever heard by way of an ex­pla­na­tion from him came from a po­lice body-cam­era video af­ter an am­bu­lance had taken the 6-foot-4, 223-pound Mr. Floyd away. Chau­vin told a by­stander: “We gotta con­trol this guy ’cause he’s a siz­able guy ... and it looks like he’s prob­a­bly on some­thing.”

The pros­e­cu­tion’s case also in­cluded tear­ful tes­ti­mony from on­look­ers who said the po­lice kept them back when they pro­tested what was hap­pen­ing. Eigh­teen-year-old Dar­nella Fra­zier, who shot the cru­cial video, said Chau­vin just gave the by­stand­ers a “cold” and “heart­less” stare.

To make Mr. Floyd more than a crime statis­tic in the eyes of the jury, the pros­e­cu­tion called to the stand his girl­friend, who told the story of how they met and how they strug­gled with ad­dic­tion to opi­oids, and his younger brother Phil­o­n­ise. He re­called how Mr. Floyd helped teach him to catch a foot­ball and made “the best ba­nana may­on­naise sand­wiches.”

Floyd
Continued from Page A1
ASSOCIATED PRESS
In this im­age from video, de­fense at­tor­ney Eric Nel­son, left, and the de­fen­dant, for­mer Min­ne­ap­o­lis po­lice of­fi­cer Derek Chau­vin, speak to Henne­pin County Judge Peter Cahill.
Floyd
Ex-Texas sheriff’s deputy accused of killing 3 found after daylong search

AUSTIN — A for­mer Texas sher­iff’s dep­uty was booked on a cap­i­tal mur­der charge Mon­day af­ter po­lice say he shot and killed his ex-wife, teen­age step­daugh­ter, and an­other man dur­ing a week­end shoot­ing that shut down a busy Austin shop­ping area and set off an over­night man­hunt.

Of­fi­cers found Ste­phen Broder­ick, 41, about 20 miles from the scene of Sun­day’s shoot­ing, which prompted ac­tive shooter alerts and un­nerved res­i­dents in the Texas cap­i­tal at a time when the U.S. has been wracked in re­cent weeks by mass kill­ings.

Broder­ick was taken into cus­tody with­out in­ci­dent just be­fore sun­rise Mon­day, on the out­skirts of Austin, af­ter of­fi­cers re­ceived re­ports of a per­son match­ing the shooter’s de­scrip­tion, Manor Po­lice Chief Ryan Phipps said. He said Broder­ick was walk­ing down a ru­ral road and car­ry­ing a loaded pis­tol in his waist­band.

“I’m truly heart­bro­ken that a for­mer Travis County Sher­iff’s Of­fice Dep­uty is the sus­pect in such a hor­rific in­ci­dent,” Travis County Sher­iff Sally Her­nan­dez said.

Broder­ick was be­ing held with­out bail in Travis County jail. It was not im­me­di­ately clear whether he had an at­tor­ney.

Au­thor­i­ties iden­ti­fied the vic­tims as Amanda Broder­ick, 34, his for­mer wife; Alyssa Marie Broder­ick, 17, his step­daugh­ter; and Wil­lie Sim­mons III, 18, the teen­ager’s boy­friend. Austin po­lice said they were found ly­ing near two ve­hi­cles fol­low­ing a col­li­sion at an apart­ment com­plex where Amanda Broder­ick and her for­mer hus­band were meet­ing for a sched­uled visit with their son, who they said was un­harmed dur­ing the shoot­ing.

Pros­e­cu­tors say Ste­phen Broder­ick lost his job as a sher­iff’s dep­uty last year af­ter be­ing ar­rested on charges of sex­ual as­sault of a child. Court records show that a pro­tec­tive

or­der on be­half of his ex-wife and two chil­dren had been filed against Broder­ick fol­low­ing that ar­rest in June.

Broder­ick had been re­quired to sur­ren­der his fire­arms and wear an an­kle mon­i­tor to track his where­abouts fol­low­ing his ar­rest, ac­cord­ing to Travis County pros­e­cu­tors. Po­lice did not say where Broder­ick got the weapon used in Sun­day’s shoot­ing.

The shoot­ing hap­pened about noon Sun­day in a pop­u­lar shop­ping area known as the Ar­bo­re­tum. Au­thor­i­ties sent ac­tive shooter alerts on so­cial me­dia as a heavy pres­ence of po­lice swarmed the area and a busy Austin high­way was closed in both di­rec­tions.

Nearby res­i­dents were urged to shel­ter in place as the search be­gan for the sus­pected shooter. Hours af­ter the man­hunt be­gan, po­lice said they did not be­lieve the sus­pect was tar­get­ing ran­dom peo­ple but urged res­i­dents to re­main vig­i­lant.

ASSOCIATED PRESS
Prosecutor says FedEx shooter did not have ‘red flag’ hearing

INDIANAPOLIS — A for­mer em­ployee who shot and killed eight peo­ple at a FedEx fa­cil­ity in In­di­a­nap­o­lis never ap­peared be­fore a judge for a hear­ing un­der In­di­ana’s “red flag” law, even af­ter his mother called po­lice last year to say her son might com­mit “sui­cide by cop,” a pros­e­cu­tor said Mon­day.

Mar­ion County Pros­e­cu­tor Ryan Mears said au­thor­i­ties did not seek such a hear­ing be­cause they did not have enough time un­der the law’s re­stric­tions to de­fin­i­tively demon­strate Bran­don Scott Hole’s pro­pen­sity for sui­cidal thoughts, some­thing they would need to have done to convince a judge that Hole should not be al­lowed to pos­sess a gun.

The “red flag” leg­is­la­tion, passed in In­di­ana in 2005 and in ef­fect in other states, al­lows po­lice or courts to seize guns from peo­ple who show warn­ing signs of vi­o­lence. Po­lice seized a pump-ac­tion shot­gun from Hole, then 18, in March, 2020, af­ter they re­ceived the call from his mother.

While re­cov­er­ing the shot­gun, one of the re­spond­ing of­fi­cers also wit­nessed “white su­premist web­sites” on Hole’s com­puter af­ter the teen asked of­fi­cers to cut the power to his com­puter, ac­cord­ing to a

po­lice prob­a­ble cause nar­ra­tive from the 2020 in­ci­dent re­leased Mon­day.

Mr. Mears said that pros­e­cu­tors were lim­ited in their abil­ity to pre­pare a “red flag” case be­cause of a 2019 change in the law that re­quires courts to make a “good-faith ef­fort” to hold a hear­ing within 14 days. An ad­di­tional amend­ment re­quired them to file an af­fi­da­vit with the court within 48 hours.

“This in­di­vid­ual was taken and treated by med­i­cal pro­fes­sion­als, and he was cut loose,” and was not pre­scribed med­i­ca­tion, Mr. Mears said. “The risk is, if we move for­ward with that [red flag] pro­cess and lose, we have to give that fire­arm back. ... That’s not some­thing we were will­ing to do.”

In­di­a­nap­o­lis po­lice have said that they never re­turned the shot­gun to Hole. Au­thor­i­ties have said he used two “as­sault-style” ri­fles to gun down eight peo­ple, four of them from the city’s Sikh com­mu­nity, at the FedEx fa­cil­ity last Thurs­day be­fore he killed him­self.

Po­lice on Mon­day iden­ti­fied the high-ca­pac­ity weap­ons used by Hole, who was now 19. One was a Ruger AR-556 Hole pur­chased in Sep­tem­ber. The sec­ond was an HM De­fense HM15F he bought in July, just months af­ter po­lice had seized the pump-ac­tion shot­gun. A Ruger AR-556 also was used

last month in a shoot­ing that killed 10 peo­ple in Boul­der, Colo.

The Bureau of Al­co­hol, Tobacco, Fire­arms, and Ex­plo­sives de­ter­mined that the guns were bought le­gally through au­tho­rized deal­ers, ac­cord­ing to a po­lice news re­lease that did not name the deal­ers. The re­lease also said FedEx ter­mi­nated Hole in Oc­to­ber when he failed to re­turn to work.

A po­lice prob­a­ble cause af­fi­da­vit nar­ra­tive also re­leased Mon­day states de­scribes Hole’s March, 2020 ar­rest, and a re­quest he made to his ar­rest­ing of­fi­cers. “Bran­don upon be­ing placed in hand­cuffs be­came im­me­di­ately anx­ious and stated, ‘Please just turn the power strip off on my com­puter. I don’t want any­one to see what’s on it,’” it states, be­fore add­ing that while se­cur­ing the shot­gun an of­fi­cer saw “what through his train­ing and ex­pe­ri­ence in­di­cated was white su­premist web­sites.”

Paul Keenan, spe­cial agent in charge of the FBI’s In­di­a­nap­o­lis field of­fice, said Fri­day that the FBI was con­tacted to the scene af­ter items were found in Hole’s bed­room but he did not elab­o­rate on what those were. He said agents found no ev­i­dence of a crime and that they did not iden­tify Hole as es­pous­ing a ra­cially mo­ti­vated ide­ol­ogy.

ASSOCIATED PRESS
Despite growing chorus, DOJ is limited in probes of police

CHICAGO — The only way for 13-year-old Adam Toledo to get justice, ac­tiv­ists say, is with a fed­eral probe into the Chi­cago po­lice of­fi­cer who shot him dur­ing a foot chase down a dark­ened al­ley.

About a dozen peo­ple gath­ered Tues­day at a le­gal of­fice in the heart of a La­tino neigh­bor­hood, near Lit­tle Vil­lage where the boy was shot last month, to ask the Justice Depart­ment to get in­volved.

“We can­not leave it up to the po­lice de­part­ment to in­ves­ti­gate it­self and ex­pect mean­ing­ful re­forms,” said at­tor­ney and ac­tiv­ist Ar­turo Jáuregui. “That has never worked in the past and will not work now.”

Calls like this have grown for fed­eral in­ves­ti­ga­tions into re­cent po­lice kill­ings across the na­tion since Pres­i­dent Joe Biden took of­fice and said he be­lieves ra­cial dis­par­i­ties in po­lic­ing must change.

The fam­ily of a child shot dead by po­lice in 2014 have also re­cently asked the Justice Depart­ment to re­open that case. After mo­tor­ist Daunte Wright was killed by a Min­ne­sota po­lice of­fi­cer ear­lier this month, there were also calls for fed­eral au­thor­i­ties to step in. And if for­mer Min­ne­ap­o­lis po­lice of­fi­cer Derek Chau­vin is ac­quit­ted in the kill­ing of George Floyd, whose death sparked mass pro­tests around the coun­try, the only chance for fur­ther le­gal ac­tion would be from an on­go­ing fed­eral probe.

The U.S. Justice Depart­ment, though work­ing un­der an ad­min­is­tra­tion with very dif­fer­ent pri­or­i­ties, is still bound by the same laws that pres­ent a high bar for bring­ing fed­eral charges. And that may leave vic­tims’ fam­i­lies dis­ap­pointed.

Still, the de­part­ment is shift­ing its pri­or­i­ties to fo­cus more on civil rights is­sues, crim­i­nal justice over­hauls and po­lic­ing pol­i­cies. At­tor­ney Gen­eral Mer­rick Gar­land has de­clared there isn’t yet equal justice un­der the law.

On Tues­day, as the Chau­vin jury de­lib­er­ated, Mr. Biden said of Mr. Floyd’s fam­ily: “They’re a good fam­ily, and they’re call­ing for peace and tran­quil­ity, no mat­ter what that ver­dict is. I’m pray­ing the ver­dict is the right ver­dict. It’s over­whelm­ing, in my view. I wouldn’t say that un­less the jury was se­ques­tered now.”

Three weeks ago in Chi­cago, 400 miles away, Of­fi­cer Eric Still­man, who is white, was re­spond­ing to a call of shots fired around 3 a.m. when he chased Adam, who was La­tino. Body­cam video re­leased last week shows the boy ap­pear­ing to drop a hand­gun and be­gin rais­ing his hands less than a sec­ond be­fore Still­man fires his gun and kills him. The body­cam foot­age later shows Mr. Still­man shin­ing a light on a hand­gun on the ground near the boy.

The video prompted grief and demon­stra­tions in Chi­cago, a city with a his­tory of po­lice mis­con­duct and dis­trust be­tween po­lice and the com­mu­nity, es­pe­cially Black and La­tino res­i­dents.

The Justice Depart­ment hasn’t said yet whether it will look into any of the re­cent cases.

To bring fed­eral civil rights charges, fed­eral pros­e­cu­tors must prove that an of­fi­cer’s ac­tions will­fully broke the law and were not sim­ply the re­sult of a mis­take, neg­li­gence or bad judg­ment. It has been a con­sis­tently tough bur­den for fed­eral pros­e­cu­tors to meet across both Demo­cratic and Re­pub­li­can ad­min­is­tra­tions.

To prove a crime, pros­e­cu­tors would need to convince a jury that the force used was more than what would be rea­son­ably nec­es­sary to ar­rest or sub­due a sus­pect, mean­ing con­vinc­ing ju­rors that, in the mid­dle of an ar­rest, the of­fi­cer made a clear and will­ful de­ci­sion to cause some­one’s death.

That was a bur­den of proof that pros­e­cu­tors said they couldn’t meet in other high-pro­file cases in re­cent years, in­clud­ing in the deaths of Eric Garner in New York City, Tamir Rice in Cleve­land and Mi­chael Brown in Fer­gu­son, Mo.

Tamir’s fam­ily, cit­ing the ad­min­is­tra­tion change in Wash­ing­ton, asked the Justice Depart­ment last week to re­open the case into the death of the 12-year-old Black boy, who was play­ing with a toy gun when he was shot dead. The of­fi­cers in­volved weren’t in­dicted, and the case was closed in the wan­ing weeks of the Trump ad­min­is­tra­tion.

“I’m still in so much pain be­cause no one has been held ac­count­able for the crim­i­nal act that took his life,” the boy’s mother, Samaria Rice, said in a state­ment. “I’m ask­ing DOJ to re­open the in­ves­ti­ga­tion into my son’s case; we need an in­dict­ment and con­vic­tion for Tamir’s death.”

Ad­vo­cates are also push­ing for an ex­pan­sion of an­other fed­eral op­tion — its use of pat­tern and prac­tice in­ves­ti­ga­tions, sweep­ing probes of po­lice de­part­ments.

But Chi­cago, where 13-year-old Adam was shot, is al­ready un­der a con­sent de­cree fol­low­ing just such a probe that found a record of rac­ism and abuse by Chi­cago po­lice go­ing back de­cades. The city agreed to changes in the agree­ment ap­proved in 2019 by a fed­eral judge. The in­ves­ti­ga­tion was prompted by the 2014 kill­ing of Laquan McDon­ald, a Black 17-year-old, by a white of­fi­cer. Ja­son Van Dyke was later con­victed of mur­der for shoot­ing the teen 16 times, video of which the city fought to sup­press.

At­tor­ney Mr. Jáuregui said the com­mu­nity doesn’t trust the po­lice but be­lieves the Justice Depart­ment will see the case through.

“We be­lieve the at­tor­ney gen­eral, Mer­rick Gar­land, that he’s a good man, and we be­lieve that he un­der­stands the needs of our com­mu­nity.”

By SARA BURNETT, MICHAEL BALSAMO,
and COLLEEN LONG
ASSOCIATED PRESS
Associated Press
Demonstrators attend a peace walk honoring the life of police shooting victim 13-year-old Adam Toledo on Sunday in Chicago’s Little Village neighborhood.