A Couple of Quick Notes
We normally only write about indigenous women and trans women of color, but in light of the current attention on police shootings, we wanted to cover Tony McDade’s murder. Tony has not received as much attention as his cis-gendered counterparts in the mainstream media, so, today we made an exception and are covering his case.
We also would like to direct you to an article put out by The Root, by Anne Branigin. “Tony McDade Was an ‘Imperfect’ Victim of Police Brutality. It’s Exactly Why He Matters,” was extremely thoughtful and helped us articulate why it is important to step away from the harmful “perfect” versus “imperfect” victim concept our media and police love to reinforce.
We also encourage you to read the 2015 U.S. Transgender Survey in full. We only cover parts of it that are relevant to Tony, but the whole document is important and well worth the read.
Tony’s obituary was put out under his dead name and uses she/her pronouns. Because it feels unethical to change the language in an obituary, we are changing instances of she/her pronouns to “Tony.” The obituary often moves between “Tony” and his deadname, so that feels like a good place to land. Bracketed instances of Tony’s name are our additions, unbracketed instances are the original wording of the obituary.
Tony McDade
Tony McDade was a 38-year-old trans man living in Tallahassee, Florida. On May 27th, 2020, Tony was shot and killed by police.
From his obituary:
“[Tony] loved to travel and was a talented hairstylist and vocalist.”
“[Tony] was a loving, compassionate, extremely loyal person who had the most beautiful smile. [Tony] was known to light up a room and your soul. Tony was diligent, tenacious and a dedicated competitor. One could not have a better friend, associate, coworker, sibling or family member than Tony for [Tony] would give up everything…to ensure the people [Tony] loved were happy, satisfied and fulfilled….Tony also played and enjoyed basketball…. [Tony] was a force to be reckoned with when it came to [Tony’s] chosen sports for, [Tony] was an all-around athlete. [Tony] was phenomenal.”
Looking at the online guestbook attached to his obituary, we could see fond recollections of dance-offs and quick friendships. Many described his infectious smile. We also found this bittersweet quote from The Advocate: “Friends online described him as a person with “a big heart” and noted that he was nicknamed “Tony the Tiger.”
Timeline of Events Before Tony’s Death
5/26/2020 – Tony is attacked by 5 men. After the attack, he goes on Facebook Live and shows injuries from the attack. He “vows to get revenge on assailants and brandishes a gun.”
5/27/2020 (10:45am) – A man, Malik Jackson, is stabbed on Saxon Street. He later dies.
5/27/2020 (10:59am) – An unnamed officer shoots Tony. This officer claims that Tony “’had pointed a gun at him’ and that ‘the suspect was in possession of a handgun, and a bloody knife was found at the scene.’” (Paper)
There have been very few official details released surrounding the events and we have pulled together a collection of descriptions provided by witnesses:
“I walked down this way, as soon as I get around this curve, I just hear shots… I see [McDade] right behind the tree, but I see for him (the officer) just jump out the car, swing the door open and just start shooting… I never heard ‘Get down, freeze, I’m an officer’—nothing. I just heard gun shots,” – Clifford Butler
“They said ‘Stop moving, n—-r,’ and then they shot him after he stopped moving.” – Rolling Stone doesn’t attribute this quote to Clifford Butler, but parts of the quote they printed (which we removed for redundancy) match exactly what was attributed to him in other articles.
“Clifford Butler, an eyewitness who lives at Leon Arms, says he heard seven or eight shots.” – Reported by WFSU
“I just heard pow pow pow pow pow, so I’m like d— they shooting early in the day time, its day time they shooting…So by the time I came, my step-son, Zion told me, he say ‘they just killed somebody.'” – April [she did not want her last name given] (WFSU).
It is unclear, but from the phrasing in some articles it sounds like the shooting itself was filmed in Facebook Live videos. We have been unable to find these videos if they exist.
The stance the Tallahassee PD has taken is that the “the officer acted in accordance with their training.”(WFSU) Beyond that, they have kept quiet and have not released the officer’s name. Currently, the unnamed officer is on administrative leave. The city was able to keep the officer’s name secret by invoking a recent addition to the Florida constitution, Marsy’s Law.
On June 6th it was reported that the police would release bodycam footage of the incident by “next week.” Then, the city of Tallahassee reversed its decision to hide the officer’s name and promised to release it, but, the Police Benevolent Association of Florida is fighting this reversal and neither the body cam footage nor the name have been released as of June 26th. Releasing the footage would shed some light on how the officer behaved during the shooting and releasing the name would give greater accountability and transparency.
Marsy’s Law – Florida Constitutional Amendment 6
Marsy’s Law has been adopted in several states and is meant to both protect and enact rights for victims of crime. Rights like, “receiving notifications of all legal proceedings involving the accused, as well as the right to privacy, the right to be heard, and the right to be protected from harassment,” (The Ledger). Part of that right to privacy is that a victim’s name should be withheld from the public. This law was created by a murder victim’s family after experiencing a deeply disturbing encounter:
“Marsy's Law is named after Marsalee (Marsy) Ann Nicholas…who was stalked and killed by her ex-boyfriend in 1983. Only one week after her murder and on the way home from the funeral service, Marsy’s family stopped at a market... It was there, in the checkout line, that Marsy’s mother…was confronted by her daughter’s murderer. Having received no notification from the judicial system, the family had no idea he had been released on bail mere days after Marsy’s murder,” (Marsey’s Law webpage).
So, why is a law meant to protect victims and their families being invoked in Florida to withhold the names of officers involved in shootings? The short answer is that the Florida-specific version of the law is vague in who is considered a “victim,” and currently there is no state level guidance for police departments to follow. This means it is up to the individual departments to decide who is protected under the law. Some, in an effort of compliance, now make it routine to withhold the name of each and every victim, regardless of the severity of a crime. Some have taken it a step further and consider officers to be victims if a gun is drawn upon them. Each agency has pretty wildly different views on whether this law should apply to officers (all quotes come from the linked article):
· “When Marsy’s Law was overwhelmingly approved by voters, there were no clauses that limited the rights of victims by their careers…I support this law and agree that, just because a person chooses a career in law enforcement, their rights should not be limited.” – Pasco County Sheriff Chris Nocco
· “The state’s voters apparently believed that increasing the rights of victims was a fair trade for some reduced transparency," – Denise Moloney Hernando County Sheriff's Office Spokeswoman (Please note, that if you look at what Florida voters saw in 2018, there is no mention that officers involved in shootings would be protected by this law, making this claim a tad misleading).
· “Marsy’s Law incentivizes people to come forward and report crime so they don’t have to worry about consequences and reprisal. Cops don’t fall into that bucket. This is what we do. If you don’t want to be transparent, if you don’t want to be forthright, then don’t sign up for the job.”- Pinellas County Sheriff Bob Gualtieri
As you can see, there are opposing views and in the eyes of the state both are considered valid. First Amendment groups in Florida are pushing for a bill to be passed that clarifies who falls into the category of a Marsy’s Law Victim. One such bill, entered by Senator Book in 2019, never made it out of the Criminal Justice Committee. We searched entered bills for the 2020 session and there are none addressing this issue.
It is important for the public to be aware of officers involved in killing someone, as it allows for transparency and accountability. Without knowing the name of the officer who killed Tony, we can’t know if this is the first or tenth shooting this officer was involved in; the public cannot see what consequences are meted out. Will the officer be transferred to another department? Will the officer be fired? Will the officer come back to the community after a short period of administrative leave, with no other consequences? Transparency and accountability are crucial for a public institution that runs a high risk of killing people.
It also seems far-fetched that Florida citizens were aware of how confusing this law would be when implemented for POLICE OFFICERS, and quite honestly that is probably not the victim they pictured. We hope that a bill is introduced in 2021 that can clarify this issue so that Floridians can expect consistency in all parts of the state.
If you live in Florida, look up which of your senators belong to the Criminal Justice Committee and demand a bill be drafted that clarifies who should be considered a victim under Marsy’s Law.
Imperfect Victims
When you look up and research Tony’s case, you will learn that on his Facebook Live video, he showed a gun and a knife, and told the five men who attacked him that he was coming for his revenge. He said “You killed me…I’m gonna kill you…I’m living suicidal right now…” and said that he was going to pull a gun out around the officer “because you know these officers nowadays they see a gun they just [going to] shoot." (WFSU Media)
You will also learn that Tony served time in prison for aggravated robbery and in May 2020 had been arrested for a charge related to a BB gun.
Because of these facts, some people shy away from talking about Tony’s case, and others are emboldened to say that Tony was asking for it and why should we cry over a hardened criminal. We should “cry over” Tony because he is a human that lost his life, and frankly, we don’t know what the circumstances were surrounding the shooting. We know that Tallahassee has seen an uptick of officer-related shootings. We know that footage has not been released, despite public demand for it. We also know that the police have non-lethal tools at their disposal. And, since the city has yet to release any details, we are left with witnesses at the scene, who paint a picture of officers shooting up to 8 times and using the N-word. Why wouldn’t the city want to release footage if it contradicts that narrative?
Let’s also consider: who benefits from a cherry-picking of victims to support? Why are only certain people worthy of support and protest? It is a white supremacist system that demands you be “unarmed…meek, and therefore worth of protecting,”(The Root). We also don’t know that Tony stabbed Malik, we don’t know if he had a gun, we just don’t know anything. So why has the media focused his criminal past? Our theory is that when we focus on whether the individual murdered was worth protecting, we are not forced to examine larger systems at play that contributed to the murder. Because, there are in fact larger systems at play that our society has the power to change, that contributed to this shooting.
What is seldom reported is that in 2009 Tony wrote a letter to Judge Mark Walker begging not to be sent to prison, and instead be sent to a mental health facility. Tony wrote “I promise I’ll do right… Please Judge Walker don’t send me back for something I didn’t do. I’ll lose it. Besides while in prison I smoked weed, popped ecstasy, and drank liquor. The officers brought it in and staff members so what good will that do. Prison seems to get you nowhere but high…I have an anger problem and always fought behind my anger. I NEED HELP PLEASE SIR. I have a mental problem,” (reported by the Tallahassee Democrat). Very soon after penning that letter Tony was sentenced to 10 years in a federal prison.
Another fact that is usually not included in reports outlining the threats Tony made in the Facebook Live video, is that he also talked about physical and sexual abuse he suffered in his life.
It chills our blood reading Tony’s plea for mental health care and treatment, knowing that in 2018 the federal penitentiary system suffered deep cuts to mental health care budgets. It is very unlikely that Tony received the treatment he knew he needed. In fact, knowing what we know about being trans in the penal system, it is likely that being incarcerated further compounded his mental health concerns.
Being Black & Trans in the Penal System
According to The Root, in 2012 it was found that “half of all black trans people have been imprisoned.” This is astoundingly high, and it is the direct cause of both transphobia and racism. Remember, trans and gender-non-conforming people face higher rates of discrimination in housing, employment, and in schools. Lack of access to basic needs like housing and money* can lead to engagement with criminalized work for survival. This can put trans and gender-non-conforming people at a higher risk of being caught up in the criminal justice system.
And, even if someone does non-criminalized work or avoids being arrested for doing criminalized work, as children both LGBTQIA and Black Americans still run the risk of being over-policed in their schools by School Resource Officers (SROs) that have a racist history of escalating non-criminal behavior to arrest. Or, they could simply be subject to higher rates of contact with police due to the over-policing of black communities, increasing the chance that one of those interactions will lead to arrest.
Once in the system, it is difficult not to return to it-- not because of inherent character defects, but because the system is designed that way. People are often released with no resources and are expected to find gainful employment (even though having a criminal record makes that more difficult) or other access to food/housing/anything that requires money. Because trans and gender-non-conforming people have a much higher instance of discrimination in both housing and employment, even without a criminal record, it makes it even harder to find legal forms of employment. (Everything said in the prior three paragraphs is true for IPOC communities as well).
This is why it is inherently racist and trans-phobic to say the only victims worth caring about must have no criminal history, because our society puts BIPOC and trans Americans at a higher risk of being incarcerated. It is the unspoken rule that shifts public attention to white, wealthy, cis-gendered people because they are better able to fit into that “perfect” victim mold due to societal advantages.
Once inside prison, trans people can face being housed “according to the sex assigned at birth, instead of by gender identity—one’s inner sense of being male, female or something else. This policy makes transgender people more vulnerable to harassment or attack by staff or fellow incarcerated people: A California study found that transgender people were 13 times more likely to be sexually assaulted than non-transgender people in prison.” (Lambda Legal).
The 2015 U.S. Transgender Survey reports that 1 in 5 trans inmates interviewed “reported being sexually assaulted by facility staff or other inmates. This rate was 5 to 6 times higher than the rates of sexual assault by facility staff or other inmates reported by the U.S. incarcerated prisons and jails.”
The effects of sexual assault on the mind are well documented. It is deeply impactful and can change the way a brain functions. One effect it has is to cause overwhelming emotions, due to a reduced ability in emotion regulation, which is the result of the body and brain working overtime to ensure the traumatic event does not happen. This is why people in the midst of Post-Traumatic Stress Disorder (PTSD) may react to stimuli with large or inappropriate reactions.
It is very likely that Tony’s experience in federal prison was traumatizing, and we know from his own words that he experienced sexual and physical abuse. The anger that Tony cited in his letter to judge Walker could very well have been due to unaddressed trauma. Does this excuse harmful and violent actions perpetrated by Tony? No. But remember, Tony begged for help. If Tony had received help when he asked for it, or ideally earlier, would this timeline have looked different? Tony, being a trans Black man in America, faced astounding systemic challenges and disadvantages. We are all responsible for our choices, but what happens when choices are systemically stripped away from a person? We do not all have the same or equal choices available.
*Obviously, money isn’t inherently a basic need, but in American society it is often necessary to have access to money to be able to have things like housing, food, water, clothing, transportation, etc. The reality is that we live in a capitalist society that limits access to money for certain people, which in turns limits access to basic needs.
Restorative Justice
How do we want our justice system to function? How do we want our society to function? Crime NEVER occurs in a vacuum. Never. There are always systemic factors at play, and it is the responsibility of a society to reduce risk as much as possible. We are essentially relying on an unjust criminal justice system to fix public health crises. Putting someone in prison without resources and services is not going to fix the root issue. It is not going to:
· suddenly create economic opportunity in a poverty-stricken area
· put food into hands
· create tolerance and foster love in a community
· offer comprehensive mental health aid to hurt and traumatized people
· offer addiction services or provide housing for the homeless
· remove a harmful police presence from BIPOC communities and schools
· teach accurate history in schools
· fix divestment in BIPOC communities
· create non-discriminatory laws regarding employment and housing
· decriminalize non-violent professions, like sex work
It will only further traumatize and reduce options. Like it or not, we all have a role in how our society functions.
Tony begged for help. What are you going to do about it? Pick something, anything, and stick with it. Not everyone can do everything, but we can all do something. Start by educating yourself and reading and volunteering. If you don’t know where to even start, here are some ideas:
Are you a parent? If so, look into whether your school has School Resource Officers. If they do, advocate for them to be removed. If there are no SROs, what is your school doing for marginalized students? If your school is “better” than others in your community, ask why. Keep asking and keep pushing for answers and change. Join other like-minded parents.
Local politics – attend city council meetings. Listen to the testimony provided by other community members – chances are some will be representing an organization that you can get involved with. If you cannot attend in person, see if your city council meetings are digitized.
Look up the Black Lives Matter group in your area and see what they’re working on and what help they need.
Look up LGBTQIA resource centers in your community and see what they’re working on and what they need.
None of these things on their own will solve these issues, but they will introduce you to further actions you can take and organizations to assist. Seriously – do something!
Want to Learn More about Missing and Murdered Trans Women of Color? Here are some great sources that we have come across:
· The Trans Obituaries Project: Honoring the Trans Women of Color Lost in 2019 (USA - obituaries written by Raquel Willis, illustrations done by Jacob Stead): https://www.out.com/print/2019/11/20/trans-obituaries-project-honoring-trans-women-color-lost-2019#media-gallery-media-1
· The Human Rights Campaign: https://www.hrc.org/blog/topic/transgender GLAAD put out a great article on how to write about trans folks who have been victims of crime: https://www.glaad.org/publications/transgendervictimsofcrim
· Trans Women of Color Collective https://www.twocc.us/ This is a great resource and a reminder that trans women of color exist outside the violence they experience.
· Equality Florida TransAction Florida https://www.eqfl.org/transactionfl#:~:text=Equality%20Florida's%20Transgender%20Inclusion%20Initiative,of%20our%20society's%20fundamental%20institutions.
· TGI Justice Project http://www.tgijp.org/ from their website: “TGI Justice Project is a group of transgender, gender variant and intersex people—inside and outside of prisons, jails and detention centers—creating a united family in the struggle for survival and freedom.”
















