ONTD Political

In light of the Trayvon Martin's case, where a white (or hispanic) watchman, shot and killed the young African-American Trayvon and claimed self-defense, is still walking around free, here's the sad case of John McNeil. An African-American, man, shot and killed in self-defense a white trespasser named Brian Ebb who was armed, who was the aggressor, and who had threatened his son with a box cutter, was sentence to LIFE, yes LIFE in prison in November of 2006 by a Georgia court and their system of "justice".

The police had determined his act to be self-defense, a civil-court  judge dismissed a civil lawsuit by the deceased Mr. Ebb's family against Mr. McNeil, saying, he was not-liable for death as it was a justifiable act of self-defense.  So how is it that this man is still sitting behind bars 6 years later for the rest of his life? Because it's about race. No matter how which way you want to look at it. 


This story is from August of 2011, but in light of this situation I thought I'd post it. 

John McNeil of Cobb County GA. Sentenced to Life After Officers Determine Self Defense in Shooting


The North Carolina and Georgia State Conferences of the NAACP, joined by the National NAACP, will hold a press conference Tuesday, August 24 on the steps of the Georgia State Capitol (Washington Street side) at 11:30 AM to address the wrongful conviction of Mr. John McNeil by the Georgia system of ‘justice.’ The two State Conferences and the National NAACP will visit Mr. McNeil at the Hancock State Prison prior to the press conference and will release the powerful dissent of the Chief Justice of Georgia’s Supreme Court in Mr. McNeil’s case. “How is it that in America, a person can receive a life sentence for defending his life and that
of his child, from an armed attacker?” stated NAACP President and CEO Benjamin Todd Jealous. “The conviction and sentencing of John McNeil is a case the courts must reexamine. As American citizens we have the right to defend our homes, our lives and our families without the threat of excessive jail sentences. We stand with the NC and GA NAACP State Conferences as they demand justice for John McNeil,” concluded Jealous.

John McNeil, a father who was defending his teenage son, himself, and his home, was convicted and sentenced to life in prison in November 2006 for killing Brian Epp, a white trespasser. The Chief Justice of the Georgia Supreme Court found that Epp, an armed trespasser on McNeil’s property had already threatened McNeil’s son with a box cutter. When McNeil arrived home to protect his son, he told the trespasser to get off the McNeil property. Eyewitnesses saw the trespasser, with the box cutter still on his person, keep advancing toward McNeil. McNeil warned him again, and when the trespasser got within a few feet of McNeil, the homeowner fired a warning shot into the ground. The trespasser continued to advance in a threatening manner toward McNeil, ignoring McNeil’s command to back up. When the trespasser was within arm’s distance where he could injure or kill McNeil with the box cutter, or grab McNeil’s weapon, McNeil fired one shot, which was fatal.

“Sir Edward Coke, an English jurist of the 17th century once said, ‘An Englishman’s home is his castle’,” said Rev. Dr. William J. Barber, II, NC NAACP State

Conference President. “In Georgia, however, a black man’s home is nothing. What happened to John McNeil in the Georgia courts is a cynical miscarriage of justice that must be overturned. His conviction and life sentence should convince every person of goodwill that we are sentenced to a life of struggle to dismantle the racism deeply rooted in our criminal justice system. If it canhappen to John McNeil, it could happen to any of us” concluded Rev. Barber.

“After reviewing all the evidence in the John McNeil case, I am convinced that McNeil’s only crime is that of being Black,” stated Ed Dubose, NAACP Georgia State Conference President. “The fact that a black homeowner, on his own property, defending his son from a trespasser wielding a box cutter could be given a life sentence is a grim reminder of how unequal the scales of justice really are. We will continue in the fight for Mr. McNeil and his family until justice prevails,” Dubose concluded.

We trust that when the public learns the details of the evidence as recited by the Chief Justice of the Georgia Supreme Court there will be a national and international movement for a new trial for Mr. McNeil.

This breakdown the story in more details


Source

I'm posting this story because this is the perfect example of what would've happened if the situation in Trayvon Martin's case had been reverse and how justice failed both of them
vanishingbee 19th-Mar-2012 07:41 pm (UTC)
WOW. This is a great comparison to post, IMO.


(Sorry to go OT, but I'm starting work on a project on women & the military & the media, and I'm wondering if anyone has any ideas. So far I'm going to be starting with a fluff bit of "I'll make a man out of you" Mulan style, Jessica Lynch, and the "women in the military should expect to be raped" fox punditry. Any suggestions?

Edited to add: Abu Graib is being handled by someone else.)

Edited at 2012-03-19 07:43 pm (UTC)
benihime99 19th-Mar-2012 07:45 pm (UTC)
Is there still a law preventing women to work on submarine? Would that be relevant for your project?
vanishingbee 19th-Mar-2012 07:47 pm (UTC)
it would be relevant if it were being covered in the media for me in particular, but it's a group project on women in the military, so while I won't use that, I'll bring that up at our meeting tomorrow, thanks. :)
benihime99 19th-Mar-2012 07:49 pm (UTC)
G.I. Jane and Courage Under Fire can be good movies to talk about as well
vanishingbee 19th-Mar-2012 07:50 pm (UTC)
I haven't seen either of those. :O What's courage under fire? I'm thinking of doing Bomb Girls, since we are in Canada haha.
vanishingbee 19th-Mar-2012 07:53 pm (UTC)
ty
mirhanda 19th-Mar-2012 08:30 pm (UTC)
Women officers can now work on subs. There was an article posted here a little while back about it. The only reason they can't have enlisted women on subs is because there is a lack of berthing for them.
benihime99 19th-Mar-2012 08:36 pm (UTC)
That's great news. I wasn't sure if that law was still valid or not.
Thanks for updatting me.
mirhanda 19th-Mar-2012 08:38 pm (UTC)
You're welcome!

I have to say that people who work on subs amaze me. Just thinking about it sends me into a fit of panic. Not only close quarters but all that water crushing down on you. *shudder* It sounds so terrifying! I actually had a panic attack while riding the 20,000 Leagues Under the Sea ride at Disney world!
benihime99 19th-Mar-2012 08:41 pm (UTC)
ikr.
I love to sail but ON the water, under... neh not for me. I freaked out when I had to take the eurostar from Frace to UK. I was like "there's tones of water above me: TONES"
apis_cerana 19th-Mar-2012 07:42 pm (UTC)
I really don't understand how anyone can say that racism is a thing of the past.
doverz 19th-Mar-2012 07:45 pm (UTC)
The way I see it is that by saying that, people can excuse their racism. If a black person is unfairly treated, well it just happened. It's not like the person who did it is a racist.

This post racial American shit can be so much more dangerous than overt racism IMO.
benihime99 19th-Mar-2012 07:47 pm (UTC)
Because someone people don't identify their action or others action as racism because those actions are deemed normal. How can normality be bad right?
icanseenow 19th-Mar-2012 07:51 pm (UTC)
Because you get out of being blamed for stuff when it doesnt exist? Thats my experience with feminism and other isms that apply to me, at least.

I know that when people hear talk about "those turks and arabs" and then go on to say that racism is not a problem here (added bonus for unlogical reasoning is if they add that we hardly have "proper" black people here), it's a way to get out of being caught out on their own racism. It's really weird and full of the same old "but i have an asian friend so i can say bad things about other races because man, those turks actually ARE just all the same" etc.
13chapters 19th-Mar-2012 09:00 pm (UTC)
I once ran a class with HS students in Bulgaria in which my students simultaneously agreed that racism is bad, but that gypsies really ARE just that bad.

*facepalm forever*
icanseenow 19th-Mar-2012 09:10 pm (UTC)
"see, we dont talk about them badly because of the colour of their skin but because they stink and are rude and bad-mannered" etc etc etc.
doverz 19th-Mar-2012 07:44 pm (UTC)
Post racial America my ass.
benihime99 19th-Mar-2012 07:44 pm (UTC)
So this is equal treatment for all ... I see

Here is the thing I don't understand: that sentence was clearly motivated by racism, I don't see another explanation, but in my book a judge has to base his ruling on the law and I have difficulties understanding on which freaking law this life sentence was based. How is that ruling legal?
iheartomntd 19th-Mar-2012 07:58 pm (UTC)
yep. The fact that the DA went above the police department that had dismissed the case and validated as an act of self-defense and went after John McNeil and got a Grand Jury indictment, that went to trail where he was judge by people of his peers (majority white). Almost all of the witnesses were for the defense team, even the one neutral witness said, McNeil had repeatedly warned Ebb to stay away, he was still tried, still convicted, and all of his appeals have been denied so far.

because, according to Georgia's court of appeals, he couldn't disprove that his actions was premeditated murder was murder. But this is Georgia we're talking about. And they're notorious for their miscarriage of justice when it comes to black people.
benihime99 19th-Mar-2012 08:07 pm (UTC)
Still, the law graduate in me is screaming at this ruling. There's laws and legal principles for reasons. And equality of treatment is one of those reasons and those type of ruling makes me rage like crazy.
roseofjuly 20th-Mar-2012 02:51 am (UTC)
Yeah, GA is the same state that executed Troy Davis, so no surprise there.
jettakd 19th-Mar-2012 07:55 pm (UTC)
Mind if I cross post this to tumblr? It needs to get around. This is sheer fuckery.
iheartomntd 19th-Mar-2012 07:58 pm (UTC)
sure go ahead. This man's case needs more media attention.
kitanabychoice 19th-Mar-2012 08:23 pm (UTC)
And people tell me that racism doesn't exist and all of us black people are just crying for nothing.

How people managed to find this guy guilty of murder is just mind-boggling. It's even more mind-boggling that only ONE judge spoke out on the overwhelming evidence to the contrary of the verdict. Only one. /smh
hii_fashion 19th-Mar-2012 08:51 pm (UTC)
Didn't ya know? We just love hunting for racism (yes someone said those words to me).
star_maple 19th-Mar-2012 09:26 pm (UTC)
Thank you for posting this. All the news articles on the Florida case are full of horrible "race had nothing to do with it, it was self defense" comments, and I was hoping that someone would have some preexisting case law to whip out to show them that they're full of crap.

That being said, do you happen to know the difference between self defense laws in Georgia and Florida? Apparently Florida has a so-called "stand your ground" law that is much more permissive than most... which still shouldn't stand for anything in the Martin case, since all evidence seems to point towards him being chased.
iheartomntd 19th-Mar-2012 09:31 pm (UTC)
I believe Georgia has a similar stand your ground law, which is why the police had chosen not to pursue arresting McNeil and all the witnesses had corroborated what happened. But the DA, used the 911 call that McNeil made when he said, he was going to "whup" Brian Ebb's ass for threatening his son, as their case for murder.


Edited at 2012-03-19 09:32 pm (UTC)
late_checkout 19th-Mar-2012 11:33 pm (UTC)
Thanks for posting. Absolutely disgusting.
tabaqui 20th-Mar-2012 01:25 pm (UTC)
I am sickly, disgustedly, furiously unsurprised. Revolting.
pistol_eyes 22nd-Mar-2012 09:14 pm (UTC)
wow..just wow.
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