Gov. Jay Nixon's decision to declare a state of emergency and activate the National Guard has stirred anxiety surrounding anticipation of a grand jury's verdict in the death of a Ferguson teen, the chairman of the Missouri Black Caucus said Tuesday.
The governor's announcement Monday came ahead of the grand jury's decision on whether to indict white police officer Darren Wilson, who killed unarmed black teenager Michael Brown in August in Ferguson. Since the shooting, demonstrators have taken to Ferguson streets, protesting police violence and Brown's death.
During the fallout in August, police were criticized for using tear gas and military-grade equipment while some protestors turned to rioting. Nixon called upon the National Guard to quell the unrest.
On Monday, Nixon said he activated the Guard before the jury's announcement in order to prepare for "any contingency that might arise." He justified his decision with what he called "two pillars": to keep the public safe and to protect constitutional rights.
"It (Nixon's declaration) definitely increases anxiety, no ifs, ands or buts about it," caucus leader Rep. Brandon Ellington said Tuesday. "It's concerning because obviously even the governor feels that the police department in Ferguson is incapable of keeping the public peace and protecting people's rights."
Other members of the caucus said they are skeptical about whether the National Guard can protect public safety and constitutional rights.
State Sen. Maria Chappelle-Nadal represents Missouri's 14th district, where Ferguson is located. Since Nixon's announcement, she said she has received numerous phone calls, emails, tweets and Facebook messages from residents of the district in response to Nixon's decision.
"According to my constituents, who I've been on the ground with since day one, they have absolutely zero faith in the governor because of the multiple mistakes he made in the whole aftermath after Mike Brown was killed by Darren Wilson," Chappelle-Nadal said. "He (Nixon) is focusing on the unrest instead of focusing on the fact that people are hurting, and we have a problem when it comes to police brutality."
Ellington said he wished the governor had taken a more diplomatic approach by engaging the community through conversation.
"Rioting and protests historically is the voice of the voiceless," Ellington said. "People start rioting and protesting when people feel like their voices aren't being heard. People feel like they don't have any due process under the law.
"Sometimes you can alleviate the situation by actually talking to people, actually treating people with respect and decency," he said.
On the day Nixon declared the state of emergency, the Black Caucus called for Ferguson to establish a restorative justice plan in response to the fines and arrests of protesters over the past three months.
Through restorative justice, those accused of crimes make restitution to society through community service or other productive functions rather than just serving a sentence or paying a fine.
"People have the right to protest. People have the right to voice their opinion. People have the right to peaceably assemble," Ellington said, referring to the non-violent protestors and members of the press who have been arrested in Ferguson. "And the government should not deny people these rights ... and if you give them fines for trying to exercise their constitutionally protected rights, that's wrong."
On Monday, the Black Caucus sent out letters to Ferguson city officials, including the mayor, city council members and the local prosecutor, asking them to meet with the Caucus regarding protesters' fines. Ellington hopes they can come to a solution, perhaps by replacing fines with required community service.
According to Ellington, they have already received some positive reactions from city council members.
The Black Caucus is still discussing what legislation it plans to push in the upcoming legislative session. But Ellington is already determined to re-file House Bill 1699, which would require police to wear video cameras with their uniforms.
He filed the bill in the last legislative session, but it did not pass the House.
"With the wake of what happened in Ferguson, I think it is something that is extremely needed," Ellington said. "Had we had that law in place, and the law enforcement officers were required to wear audio and video equipment, it wouldn't be a question what happened."
Ellington plans to file the bill Dec. 1, the first day legislators can pre-file bills for the upcoming session.
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