December 1, 2015


News Clips For The Day


http://www.msn.com/en-us/news/us/chicago-police-chief-ousted-amid-tensions-over-black-teens-killing/ar-AAfTESC?li=BBnb7Kz&ocid=iehp

Chicago police chief ousted amid tensions over black teen's killing
Reuters By Mary Wisniewski
December 1, 2015

Photograph -- AP Photo/Charles Rex Arbogast, File In this Nov. 24, 2015 file photo, Chicago Police Superintendent Garry McCarthy, right, speaks about first-degree murder charges against police officer Jason Van Dyke in…


CHICAGO, Dec 1 (Reuters) - Chicago's police chief was ousted on Tuesday following days of unrest over video footage showing the shooting of a black teenager and the filing of murder charges against a white police officer in the young man's death.

Mayor Rahm Emanuel, who had stood by Superintendent Garry McCarthy, announced during a news conference he had asked McCarthy to resign. The mayor said he was creating a new police accountability task force.

The announcements came a week after the officer, Jason Van Dyke, was charged with first-degree murder in the killing of Laquan McDonald, who was shot 16 times. A video of the killing was released on the same day.

High-profile killings of black men at the hands of mainly white law enforcement officials in U.S. cities over the past two years have prompted demonstrations across the country, and have stoked a national debate on race relations and police tactics.

"The shooting of Laquan McDonald requires more than just words," Emanuel said in a statement earlier on Tuesday.

"It requires that we act; that we take more concrete steps to prevent such abuses in the future, secure the safety and the rights of all Chicagoans, and build stronger bonds of trust between our police and the communities they're sworn to serve."

Emanuel, McCarthy and Cook County State's Attorney Anita Alvarez have faced criticism for taking 13 months to release a video of the 2014 shooting and to charge Van Dyke.

The video shows Van Dyke gunning down McDonald, 17, in the middle of a street on Oct. 20, 2014, as McDonald was walking away from police who had confronted him. Van Dyke, 37, was released from jail on Monday after posting bond on a $1.5 million bail.

Protests followed the charging and arrest of Van Dyke and the release of the video on Nov. 24. In a protest on Monday, the president of the National Association for the Advancement of Colored People, Cornell William Brooks, was one of several protesters arrested, the organization said.

Emanuel said the new task force, which will be advised by former Massachusetts Governor and Chicago native Deval Patrick, will review the system of accountability, oversight and training in the police department.

The five-member panel will recommend reforms to improve independent oversight of police misconduct, ensure officers with repeated complaints are evaluated and establish a process for release of videos of police-involved incidents, Emanuel said. Its recommendations will be presented to the mayor and city council by March 31, 2016.




“Protests followed the charging and arrest of Van Dyke and the release of the video on Nov. 24. In a protest on Monday, the president of the National Association for the Advancement of Colored People, Cornell William Brooks, was one of several protesters arrested, the organization said. Emanuel said the new task force, which will be advised by former Massachusetts Governor and Chicago native Deval Patrick, will review the system of accountability, oversight and training in the police department. The five-member panel will recommend reforms to improve independent oversight of police misconduct, ensure officers with repeated complaints are evaluated and establish a process for release of videos of police-involved incidents, Emanuel said. Its recommendations will be presented to the mayor and city council by March 31, 2016.”


This is one of the concrete steps forward that I would like to see coming about across the whole country, because the police vs minority/poverty stricken areas is a national problem. It’s probably a problem around the world. That doesn’t mean that we can’t be the leaders in changing what I have seen referred to as “the police culture,” from the cop on the beat to the police chief and usually the mayor and city council as well. It’s something that has intensified since 9/11, but it didn’t begin there. Local police departments have been beating people up and even killing them down through time. The bad thing is that too many of them consider it to be their special privilege. Government usually upholds their right to do that and so does the “law abiding” citizenry, except for those of us who are “pinko liberals.” It’s time for a new Civil Rights movement, as one news article stated recently, and I think it’s happening. I don’t want to see bloody riots or sniper killings of police, but I do want to see major change from the inside of the police forces out. Officer accountability is a key element that is vitally needed. That has to start with “the brass” and be backed by the police unions, which have several times now spoken against police reform rather than for it. Whenever I see an article about an officer doing good deeds rather than bad I do always include those in these blogs. I continue to hope for the best and believe in the possibility of changes that will transform our society in this one way.





http://www.cbsnews.com/news/gunfire-downtown-atlanta-shootout-dead-suspect-identified/

Gunfire "from every angle" in downtown Atlanta shootout
CBS/AP
December 1, 2015

Photograph -- The scene of an officer-involved shooting in Atlanta on Nov. 30, 2015. WGCL-TV
Photograph -- Darius T. Smith WGCL-TV


ATLANTA - Police officers ducked behind cars as gunshots whizzed through a busy part of downtown Atlanta, where authorities say the gunbattle left one man dead Monday night.

"Gunshots were coming from every angle," Bryceton O'Neal told The Atlanta Journal-Constitution. "Cops were running behind cars, taking cover."

The incident was near the Aloft Atlanta Downtown hotel - a few blocks from many of the city's larger, high-rise convention hotels.

An Atlanta officer had been patrolling downtown when a Jeep was spotted driving the wrong way, police Maj. Adam Lee III told local news outlets. When the officer attempted to stop the Jeep, the vehicle sped up, struck a shuttle bus and then hit a pole, Lee said. Two men jumped from the vehicle and ran, he said.

The driver was arrested almost immediately, Lee said. The passenger ran behind a hotel and exchanged gunfire with officers, Lee said. That person was found dead behind a trash bin, he said.

Officials have identified the deceased as 18-year-old Darius T. Smith, reports CBS affiliate WGCL.

"We see this car blow right through the intersection and it smacked this (hotel shuttle) bus," JohnPaul Wegener told The Journal-Constitution. "There were police cars everywhere.

"We started to hear gunshots - pow, pow, pow- it was pretty scary," Wegener added.

Officers found a duffel bag full of marijuana in the Jeep, police said. They also found two guns in the vehicle, and one with the deceased man, they said.

"We discovered the suspect was armed with a .45 caliber weapon," said Atlanta Police Department Major Adam Lee, according to CBS affiliate WGCL. "There were shell casings near the body. That weapon and shell casings have been taken into custody."

The names of the driver and the dead passenger have not been released.

Police were still working on their report on the shooting Tuesday morning, and no further details were released, Atlanta police Officer Kim Jones said.

The Georgia Bureau of Investigation, which investigates some officer-involved shootings when agencies make a request, is not investigating this case, GBI spokesman Scott Dutton told The Associated Press. Dutton said no request had been made.




“An Atlanta officer had been patrolling downtown when a Jeep was spotted driving the wrong way, police Maj. Adam Lee III told local news outlets. When the officer attempted to stop the Jeep, the vehicle sped up, struck a shuttle bus and then hit a pole, Lee said. Two men jumped from the vehicle and ran, he said. …. Gunshots were coming from every angle," Bryceton O'Neal told The Atlanta Journal-Constitution. "Cops were running behind cars, taking cover. …. "Officials have identified the deceased as 18-year-old Darius T. Smith, reports CBS affiliate WGCL. "We see this car blow right through the intersection and it smacked this (hotel shuttle) bus," JohnPaul Wegener told The Journal-Constitution. "There were police cars everywhere. "We started to hear gunshots - pow, pow, pow- it was pretty scary," Wegener added. …. The names of the driver and the dead passenger have not been released. Police were still working on their report on the shooting Tuesday morning, and no further details were released, Atlanta police Officer Kim Jones said. The Georgia Bureau of Investigation, which investigates some officer-involved shootings when agencies make a request, is not investigating this case, GBI spokesman Scott Dutton told The Associated Press. Dutton said no request had been made.”


This sounds a good bit like an ambush for police officers. It also may have been an attack by a drug supplier as an attempt to get away from police. There was “a duffel bag full” of marijuana found in the jeep. The statement “Gunshots were coming from every angle” presumably includes from above. There have been a few cases in the news of a staged incident to draw police officers to the site, and then an attack on the ones who come as backup forces. I’ll try to find additional stories on this event. There have been several fatal attacks on police since the social ferment from Ferguson has become widespread.





http://www.cbsnews.com/news/l-a-homeless-camp-sweep-turns-up-machine-guns/

L.A. homeless camp sweep turns up machine guns
AP November 25, 2015

Photograph -- A man holds an M3 machine gun, also known as the “grease gun,” at Fort Jackson in 1951. Wikimedia Commons


LOS ANGELES - Los Angeles County authorities have arrested a homeless man who had five firearms, including two operable World War II-era machine guns.

Sheriff's Detective Dennis Elmore says the arrest was made as deputies were on foot patrol at a homeless encampment near Harbor City.

They found Richard Cunningham with the machine guns and three pistols. Elmore says the 57-year-old was also in possession of high-capacity magazines and ammunition for the M3 machine guns, which are also known as "grease guns."

City News Service reported Wednesday that Cunningham faces charges including possession of a firearm by a felon, possession of a large-capacity magazine and possession of a machine gun.

Details about Cunningham's previous felony conviction were not disclosed. It wasn't immediately known if he has a lawyer.




This kind of story makes me nervous about who is living in the homeless camps that dot the landscape in this country. I don’t believe most of the homeless people are felons who are collecting high powered weapons, however. More are just “down and out.” There are undoubtedly a number of them who have warrants out for their arrest or fear that this may be so, or they wouldn’t willingly live out in the open or make the daily trek to the nearest homeless shelter. There are others who want complete freedom to do whatever they please, such as shoot up with drugs or drink until they pass out. Many have chronic psychoses that are insufficiently medicated. This story probably represents an anomaly.



http://heavy.com/news/2015/11/jamar-clark-minneapolis-minnesota-police-shooting-shot-dead-killed-shooting-protests-handcuffed-unarmed-justice4jamar-jamesandplymouth-james-plymouth-photo/

Jamar Clark: 5 Fast Facts You Need to Know
By Tom Cleary
Published 8:50 pm EST, November 15, 2015
Updated 1:55 pm EST, November 24, 2015

Photograph -- Jamar Clark was shot by police in Minneapolis, Minnesota, sparking protests. (Kenya McKnight)


Protesters have gathered in Minneapolis after an unarmed man was shot by police early in the morning of November 15 . Witnesses say the man was already handcuffed when he was shot by an officer, but police say he was not cuffed.

The local chapter of the NAACP identified the victim as Jamar Clark. He was shot at the intersection of James and Plymouth avenues at about 1 a.m.

Clark, 24, died a day later after he was taken off life support.

The officers have been identified as Mark Ringgenberg and Dustin Schwarze, who have both been with the department for 13 months.

Police told the Minneapolis Star-Tribune Clark was suspected in an assault, and was interfering with emergency workers trying to provide aid to a victim. He was shot during a physical struggle, police said. The police union says Clark was shot after he tried to take a gun from one of the officers, KARE reports.

But witnesses say Clark was not resisting arrest and was laying on the ground when he was shot, according to the NAACP.

Police said the investigation, being led by a state police agency, is still ongoing, and could take two to four months. Minneapolis Mayor Betsy Hodges said at a press conference Monday she has asked the federal Department of Justice’s Civil Rights Division to also investigate the shooting.

On November 23, a group of white men opened fire on protesters about a block away from the 4th Police Precinct, where Black Lives Matter and other activists had been camping for more than a week, demanding action in the Clark shooting. Five protesters were shot, but are expected to survive. Police have arrested one suspect, who has not been named, and are searching for at least two others.

Here’s what you need to know:

1. Witnesses Say Clark Was Handcuffed When Police Shot Him in the Head ‘Execution Style’

The incident began early Sunday morning when police were called to James and Plymouth avenues in Minneapolis for a report of a domestic dispute involving Jamar Clark and his girlfriend.

Police say Clark was interfering as EMTs tried to get his girlfriend into an ambulance, and a struggle then began. During that struggle, according to police, Clark was shot by an officer.

Witnesses say Clark was handcuffed and knocked to the ground before he was shot, the NAACP says. Police have denied claims that Clark was handcuffed before the shooting, according to the Minneapolis Star-Tribune.

A video (watch it above) shows the aftermath of the shooting, as a crowd shouted at the police, with one person saying, “y’all just killed that man.”

According to police scanner audio, there was a large crowd at the scene before the shooting occurred.

You can listen to the police radio audio here:


Teto Wilson, a witness, was quoted by the NAACP as saying, Clark “was just laying there. He was not resisting arrest. Two officers were surrounding the victim on the ground, an officer maneuvered his body around to shield Jamar’s body, and I heard the shot go off.”

A family member says Clark was shot in the head “execution style,” the Star-Tribune reports.

“Every witness account I heard said he was handcuffed. Every witness account. Put a knee on him and shot in the head. That’s the account I’ve heard from young people, older people, etc,” said Jason Sole, criminal justice chair for the Minneapolis NAACP, told KARE-TV.

Police have released few details about the shooting, saying the investigation is still ongoing.

Minneapolis NAACP @NAACPmpls
#justice4jamar. Retweet & share w/ the world. Join us as we demand justice be given to #jamarclark. We march @ 3pm
3:57 PM - 15 Nov 2015

Police said Clark was taken to a local hospital where he was placed on life support until Monday evening.

Relatives, including Clark’s sisters, gathered at Hennepin County Medical Center, in the seventh-floor intensive-care unit Sunday afternoon. They told the Star-Tribune a physician told them Clark was brain dead when he arrived.

“From witness accounts, Jamar Clark was handcuffed and then shot in the head in front of dozens of witnesses,” Minneapolis NAACP President Nekima Levy-Pounds said Monday morning, according to City Pages. “Police essentially threw a corpse in the back of an ambulance, and put him on life support at the hospital. They pulled guns on witnesses and sprayed them with mace. They waited 45 minutes before asking people what had happened there. This is one of the worst examples of what we’ve seen, recently, with the execution of unarmed black men.”

Family members say Clark was trying to turn his life around and didn’t deserve to be killed, despite past run ins with the law. He was convicted in 2010 on an aggravated robbery charge and was also found guilty of making terroristic threats earlier this year, but was not sentenced to prison, the Associated Press reports.

“He was trying to get his life back together, he was going to work every day. I was dropping him off every day. He worked at the car wash in northeast Minneapolis and he was just getting his life back in order,” Mario Reed, his brother, told the AP.

His father, James Hill, told the Star Tribune, “my son wasn’t a bad kid. … The police don’t care, the mayor don’t care, the police [chief] don’t care, because they’re going to cover up for each other. My son’s got to get a stand somewhere, and I’m here to give him a stand.”




“Police told the Minneapolis Star-Tribune Clark was suspected in an assault, and was interfering with emergency workers trying to provide aid to a victim. He was shot during a physical struggle, police said. The police union says Clark was shot after he tried to take a gun from one of the officers, KARE reports. But witnesses say Clark was not resisting arrest and was laying on the ground when he was shot, according to the NAACP. Police said the investigation, being led by a state police agency, is still ongoing, and could take two to four months. Minneapolis Mayor Betsy Hodges said at a press conference Monday she has asked the federal Department of Justice’s Civil Rights Division to also investigate the shooting. …. Teto Wilson, a witness, was quoted by the NAACP as saying, Clark “was just laying there. He was not resisting arrest. Two officers were surrounding the victim on the ground, an officer maneuvered his body around to shield Jamar’s body, and I heard the shot go off.” A family member says Clark was shot in the head “execution style,” the Star-Tribune reports. …. “Every witness account I heard said he was handcuffed. Every witness account. Put a knee on him and shot in the head. That’s the account I’ve heard from young people, older people, etc,” said Jason Sole, criminal justice chair for the Minneapolis NAACP, told KARE-TV. …. “He was trying to get his life back together, he was going to work every day. I was dropping him off every day. He worked at the car wash in northeast Minneapolis and he was just getting his life back in order,” Mario Reed, his brother, told the AP. His father, James Hill, told the Star Tribune, “my son wasn’t a bad kid. … The police don’t care, the mayor don’t care, the police [chief] don’t care, because they’re going to cover up for each other. My son’s got to get a stand somewhere, and I’m here to give him a stand.”


I have to ask why this “execution style” killing happened. According to police Jamar was interfering with first responders who were trying to put his girlfriend in an ambulance and the police had been called originally to a domestic dispute between the two. So, okay, they had reason to handcuff him, which witnesses claim they had done. Then, for no obvious reason he was pinned to the ground with an officer’s knee and shot in the head after the officers moved around him so that the crowd couldn’t see what was happening. Did Clark “mouth off” at them after they had him in handcuffs? Even if he did, that isn’t sufficient grounds for the killing. This killing wasn’t done “in the heat of passion” unless for an officer being sassed is sufficient cause. Unfortunately sometimes in reality it is enough.

The fact that no officer was wearing a body cam and no patrol car’s dash cam took video of what went on is an aspect which is making this case worse. If the Dept. of Justice does get involved as Mayor Hodges has asked, perhaps there will be some new evidence unearthed. Perhaps a member of the crowd of onlookers had one of those trusty little smartphones and got some video.

See the following Timeline article, one about the protests at the 4th Precinct and the last on the shooting of several BLM members by what is described – and probably accurately – as “White Supremacists.” One “Militia” member in the last year was quoted in an article as asking for “the race war” – which is apparently considered to be inevitable, and even being relished by such groups. Some of them were reportedly at Ferguson also after the killing hit the news. I hope the city of Minneapolis will take charge in an effective way, cooperate with DOJ and charge the police officers involved here with murder.



http://www.mprnews.org/story/2015/11/30/timeline-jamar-clark-shooting

Timeline: The Jamar Clark shooting
MPR News Staff •
Nov 30, 2015

Photograph -- Big Don Carlito shoveled the sidewalk in front of the 4th Precinct on Nov. 30, 2015. Courtney Perry for MPR News


The fatal police shooting of Jamar Clark on Nov. 15 has sparked community protests and calls for justice. Crowds have gathered since then at the 4th Precinct police station to protest the shooting.

• The Jamar Clark shooting: Where it stands

Here's a rundown of what has happened since then.

Nov. 15, 2015


Photograph -- Jamar Clark Javille Burns via AP

Jamar Clark is shot and killed. Police say Clark had been interfering with paramedics who had been called to a birthday party to aid Clark's girlfriend. According to a Minnesota Bureau of Criminal Apprehension statement, the responding Minneapolis police officers believed the woman was an assault victim and that Clark was a suspect.

Later that day, hundreds of people march several blocks down Plymouth Avenue North from the scene of the shooting to the Minneapolis Police Department's 4th Precinct headquarters. They hoist a banner over the entrance and set up a tent, saying they'll stay until their demands are met.

Nov. 16, 2015

Minneapolis Mayor Betsy Hodges says she's asked the United States Justice Department for a federal civil rights investigation into the shooting. Hodges says that while she had "great confidence" in Minneapolis police investigators and in the state Bureau of Criminal Apprehension, a Justice Department investigation would promote transparency and community trust.

Gov. Mark Dayton says in a statement he also supports the request.

Activists continue to dig in at the police station, calling for the release any video of the incident that security cameras near the scene may have captured.

Later that night, protesters shut down the westbound lanes of Interstate 94. Authorities ultimately arrest 42 people for the I-94 shutdown.


Black Lives Matter protesters blocked Interstate 94 westbound, Nov. 16, 2015. Judy Griesedieck for MPR News

Nov. 17, 2015

The Hennepin County medical examiner says a gunshot to the head killed Clark.

The BCA also says it has some video from the scene in north Minneapolis, although none of it shows the incident "in its entirety," according to BCA Superintendent Drew Evans. He says the agency won't release videos at this point in the investigation.

Nov. 18, 2015

Police and hundreds of protesters engage in a tense standoff after police remove protesters who had been camping outside the 4th Precinct for several days. Chemical irritants are used on both sides.


A police officer sprays a liquid irritant toward demonstrators at the 4th Precinct, Nov. 18, 2015, in Minneapolis. John Autey | Pioneer Press via AP
The impasse lasts late into the night.

Meanwhile, a top Minneapolis police union official says Clark had reached for one of the officers' weapon when he shot. The union also contends Clark was not handcuffed, as some community members have said.

And the BCA identifies the officers involved as Mark Ringgenberg and Dustin Schwarze.

Nov. 19, 2015

Nekima Levy-Pounds, head of the Minneapolis NAACP, calls on federal authorities to take control of the Minneapolis Police Department.

Protests continue at the 4th Precinct but the mood is lighter, with speakers, dancing and talk of community.

Hodges visits with demonstrators outside the police station; the reception is decidedly chilly.

Nov. 20, 2015

Demonstrators hold a vigil in front of the 4th Precinct, as leaders from the national NAACP join the group's efforts.

Nov. 23, 2015


Police arrived at the scene of the shooting on Morgan Avenue North on Monday, November 24, 2015 at the 4th Precinct in Minneapolis. Christopher Juhn for MPR News

Five people are shot near the 4th Precinct police station. None of the victims' injuries are life-threatening.

Activists allege the four men in police custody are "white supremacists" who came to cause trouble.

Dayton also says he's seen video from the ambulance camera running during the Clark shooting and that it does not confirm either side's allegations of what happened.

Nov. 24, 2015

Organizers lead a march of more than 1,000 people through north Minneapolis that includes a stop at the site where Clark was shot. Part of that march then heads for downtown Minneapolis and a rally outside City Hall before heading back toward the 4th Precinct station.


Hundreds of protesters from Black Lives Matter and their supporters marched peacefully along Seventh Street into downtown Minneapolis where they held a short rally. Judy Griesedieck for MPR News

Later that night, protests at the 4th Precinct take on a peaceful and festive tone. Here's a look at some of the demonstrators who came out.

Meanwhile, one of the Minneapolis police officers involved in the Clark shooting is accused in a lawsuit of using excessive force during an arrest four years ago.

Court documents show the lawsuit against Dustin Schwarze was filed about 10 days before Clark's shooting death. The case was moved Nov. 24 from Hennepin County District Court to U.S. District Court.

Nov. 25, 2015

Hundreds of mourners fill a Minneapolis church for Clark's funeral.
The funeral procession goes past the 4th Precinct, where demonstrators raise their fists and shout "Justice for Jamar."


Nov. 26, 2015

Protesters celebrate Thanksgiving at the 4th Precinct station.

Nov. 30, 2015

Prosecutors charge four men in connection with the shootings near the 4th Precinct.

Community leaders also call for an end to the 4th Precinct occupation, citing public safety.

"The occupation of the 4th Precinct is unsafe for everyone," Hodges says, noting that campfires are fouling the air and barricades set up on Plymouth Avenue are blocking emergency vehicles and snow plows.

"There have been false medical calls, creating chaos and dismaying everyone," Hodges says. She added there have been "near daily threats to burn the precinct, kill our officers and hurt people."



http://www.npr.org/sections/thetwo-way/2015/11/30/457889553/4-men-charged-in-shooting-of-black-lives-matter-protesters-in-minneapolis

4 Men Charged In Shooting Of Black Lives Matter Protesters In Minneapolis Laura Wagner
November 30, 2015


Minnesota prosecutors have charged four men in connection with last week's shooting that injured five people at a protest over the killing of a black man by Minneapolis police.

Hennepin County Attorney Mike Freeman said during a news conference that the accused shooter, Allen Lawrence Scarsella, 23, was charged with five counts of second-degree assault with a dangerous weapon and one count of second-degree riot.

Three other men — Joseph Martin Backman, 27; Nathan Wayne Gustavsson, 21; and Daniel Thomas Macey, 26 — were each charged with second-degree riot with a dangerous weapon, Freeman said. Scarsella, Backman and Gustavsson are white, and Macey is Asian. The men have not been charged with hate crimes.

Freeman said his office charged the men with what the evidence supported, and that charging them with hate crimes would not add "one iota of time" to their possible sentences. But, he said: "The feds have got some different statutes. ... My review of this file, including the video and the statements, it certainly has components of [a hate crime.]"

The incident took place Nov. 23 outside a police precinct where people had gathered for a Black Lives Matter protest over the police shooting of 24-year-old Jamar Clark.

As we previously reported:

"According to a statement posted to the Black Lives Matter group's Facebook page, the men, whom the group calls, whom the group calls 'white supremacists,' opened fire after they were asked to leave the protest and were then escorted away from the encampment.

. . . .

"Another witness told Minnesota Public Radio that the men approached the encampment and started threatening protesters. The man, the witness said, was 'punched in the face by the crowd' and as they were being escorted out, they opened fire."

Clark was shot Nov. 15 when police responded to a call about an assault in which he was a suspect. Police say Clark interfered with a paramedic who was administering aid to an injured woman and was shot and killed in the ensuing scuffle.

The Associated Press reports that some community activists say Clark was handcuffed when he was shot. The news service adds:

"The state Bureau of Criminal Apprehension, which is investigating the case, says handcuffs were found at the scene but it isn't clear whether Clark was cuffed at the time of the shooting. A federal civil rights investigation is also underway."




“Three other men — Joseph Martin Backman, 27; Nathan Wayne Gustavsson, 21; and Daniel Thomas Macey, 26 — were each charged with second-degree riot with a dangerous weapon, Freeman said. Scarsella, Backman and Gustavsson are white, and Macey is Asian. The men have not been charged with hate crimes. Freeman said his office charged the men with what the evidence supported, and that charging them with hate crimes would not add "one iota of time" to their possible sentences. But, he said: "The feds have got some different statutes. ... My review of this file, including the video and the statements, it certainly has components of [a hate crime.]" …. "According to a statement posted to the Black Lives Matter group's Facebook page, the men, whom the group calls, whom the group calls 'white supremacists,' opened fire after they were asked to leave the protest and were then escorted away from the encampment. …. "Another witness told Minnesota Public Radio that the men approached the encampment and started threatening protesters. The man, the witness said, was 'punched in the face by the crowd' and as they were being escorted out, they opened fire." Clark was shot Nov. 15 when police responded to a call about an assault in which he was a suspect. Police say Clark interfered with a paramedic who was administering aid to an injured woman and was shot and killed in the ensuing scuffle. …. "The state Bureau of Criminal Apprehension, which is investigating the case, says handcuffs were found at the scene but it isn't clear whether Clark was cuffed at the time of the shooting. A federal civil rights investigation is also underway."