Asians in America are invisible—unlike Blacks and Hispanics who are the center of attention in media and educational institutions, Asians are generally ignored because of their representations. It’s true that media and educational institutions prominently focus on “Black or Hispanic” issues but pushing aside Asian issues is held at a minimal. In public schools, colleges, and universities—and I speak from experience—Blacks and Hispanics were specifically focused on educational research involving the criminal justice system. Whereas, Asians weren’t given the same equal of attention for educational purposes. Thus, leaving a huge gap of misrepresentations and misunderstanding towards the Asian community, the Asian population, and the Asian identity. In a statement from an SFSU student she states;
…In a sense I believe AA’s are invisible within the criminal justice system. I rarely hear of AA committing crimes. Although it may seem that it’s good that the portrayal is positive. The actual incarceration rates shy otherwise…
Acknowledging Asian invisibility and social representations in the United States compromise of little effort put into a long unrecognized discrimination. Whether Chinese, Korean, Filipino, Japanese, Vietnamese or American-born; Asians and Asian Americans have been victims of a historical racial imperialism through expectations, racism, and culture. For instance, despite their large representation and their unique history in relation to the United States, Filipino Americans continue to be regarded as the “forgotten Asian Americans” (Cordova, 1983) or the “invisible minorities” (Cimmarusti, 1996). So why are Asians invisible? One reason why Asians are invisible is simple: They are universally portrayed as successful. This stereotypical portrayal creates the social image upon the model minority myth where Asians are viewed as silent, submissive, and successful compared to Blacks and Hispanics; thus, ignoring Asian issues that occur in the United States.
On the other hand, the Asian population are victimized by the basis of invisibility whenever there are problems in American society. History records have shown that Asians and Asian Americans have been used as a scapegoat combined with cultural stereotypes that targets Asian identity. In an article, Former NYPD Cop Peter Liang’s Guilty Verdict Leaves a Community Divided by Chris Fuchs illustrates the injustice of the criminal justice court systems scapegoating an Asian American citizen who accidently killed an unarmed African American individual at a housing complex. The central argument about Liang’s case was that Liang is Chinese American cop and not white cop. According to a statement from the Asian community, “If Liang was white than his punishment wouldn’t be as severe but since he’s Asian his punishment won’t be ignored” (Fuchs, 2016). This framework of racial stigma implicates the racial sensitivities in the criminal justice system that is perceive by other minority groups viewing the favoritism of white police officers.
Akai Gurley’s family settles wrongful death suit with NYC for $4.1 million
Akai Gurley’s family settles wrongful death suit with NYC for $4.1 million
Akaila Gurley, 2, daughter of Akai Gurley, is held by her mother Kimberly Michelle Ballinger, domestic partner of Gurley, during a news conference at the National Action Network in New York, Saturday, Nov. 22, 2014. Police have described a rookie officer’s shooting of Akai Gurley in a Brooklyn staircase Thursday as an apparent accident. (AP Photo/Craig Ruttle)
(via $4.5 Million Dollar Settlement Reached in Shooting Death of Akai Gurley)
NBC News reports today that a settlement was reached in a civil suit filed by the Gurley family following the killing of 28-year-old Akai Gurley in late 2014. According to NBC, the City of New York will pay $4.1 million dollars, while an additional $400,000 will be paid by the New York City Housing Authority, and $25,000 will be paid by former NYPD officer, Peter Liang, who fired the fatal shot.
All settlement money will be deposited into a fund to be held in trust for Gurley's four-year-old daughter, Akaila, until she is 18.
Have you registered yet for the NAPABA Northeast Regional Conference on Aug. 19-21? The weekend is sure to include some interesting program such as the below. Learn more.
A Shot in the Dark: The Peter Liang/Akai Gurley Tragedy
Akai Gurley, a 28-year-old African-American man, was fatally shot on November 20, 2014, in Brooklyn's Louis H. Pink Houses, by rookie NYPD Officer Peter Liang, who had entered a stairwell with his firearm drawn. The shooting was declared an accidental discharge; the bullet ricocheted off the wall and Gurley was struck once in the chest and later died from the shot. On February 10, 2015, Liang was indicted by a grand jury on manslaughter, assault, and other criminal charges, and on February 11, 2016, Liang was found guilty of manslaughter and official misconduct, becoming the first NYPD officer in over a decade to be found guilty of shooting and killing a citizen while on duty. The shooting and trial touched off a firestorm of opinion and protests, and in the post-Ferguson era, the case has added another twist to the intense ongoing debate about race and accountability in policing, as well as the Asian American community’s place in that debate and race relations.
This panel will explore criminal procedural issues in the context of the Peter Liang trial, such as the indictment and grand jury process, what is the standard for homicide versus manslaughter, and will also look at the civil rights aspect of the case. How did the APA community respond to the tragedy and what can we learn from it going forward?
Alexander M. Lee, Esq., Principal, The Law Offices of Alexander M. Lee
Christopher M. Kwok, Esq., Supervisory ADR Coordinator, U.S. EEOC (appearing in individual capacity)
Jin P. Lee, Esq., Principal, The Law Office of Jin P. Lee
Sandra Leung, Esq., Executive Vice President and General Counsel, Bristol-Myers Squibb Company
Vinoo Varghese, Esq., Principal, Varghese and Associates, P.C.
New York City: IF PETER LIANG IS NOT IN JAIL,
MARCELL DOCKERY SHOULD BE FREE!
On Thurs. June 23 from 10 a.m. to 2 p.m., join the Twitter campaign by sending out a tweet using #FreeMarcellDockery #NoPrisonForMarcell
#EndNYPDRetribution saying: ‘No jail time for Marcell Dockery’
Press Conference
Friday, June 24
9 am @ Brooklyn District Courthouse
320 Jay Street, Brooklyn
Activists with the People's Power Assembly, one of NYC's Black Lives Matter groups, has called a press conference for Friday to demand the immediate release from jail of Marcell Dockery.
After statements to the media, press conference members will demand a meeting with Justice Danny Chun.
PPA Statement on Sentencing of Marcell Dockery
On June 14 in Brooklyn, a lynch mob in blue attended the sentencing of an African-American teenager to decades in jail. Dozens of NYPD members cheered as a court robbed 18-year-old Marcell Dockery of the rest of his life.
His crime? Setting fire to a mattress when he was 16 years old. The fire and smoke from the mattress overwhelmed the cops who arrived on the scene, killing one and injuring the other.
That the killing was an accident didn't matter to Brooklyn District Attorney Ken Thompson or Justice Danny Chun.
That's right, Thompson and Chun - the same pair who teamed up to grant killer-cop Peter Liang NO jail time, and reduce his charges, have teamed up on Dockery with an outrageous sentence of 19 years to life in prison.
“It was an accident” – was the chorus when Thompson recommended no jail time for Liang, who did nothing as his victim Akai Gurley fatally bled out in the stairwell.
The case was one of “unique circumstances,” Thompson said. It was about“justice and not about revenge.”
Now, Thompson and Chun are helping the racist NYPD go ALL OUT for revenge. The cop mob gave a standing ovation in court when the verdict against Dockery was announced. PBA head Patrick Lynch told reporters that when 19 years are up, police would once again pack the courtroom to make sure Dockery stays in jail.
We can't allow this to stand. We need to be on the streets demanding justice for Marcell Dockery and all victims of white supremacy and mass incarceration. Come to a press conference: Friday, June 24, 9 am, Court Building, 320 Jay St., Brooklyn.
And let's be clear: the killing of Akai Gurley was no accident – despite the media's efforts to portray it that way. Liang entered the unlit stairwell with his gun drawn and pulled the heavy trigger of his 9-mm. service weapon, a gun designed to require 12 pounds of force to shoot.
Beyond that, the occupation of every housing project, school and oppressed neighborhood by heavily armed cops, along with the accompanying constant racist harassment, guarantees that residents of that neighborhood have been designated as the enemy and will be killed. Gurley's death was premeditated in every sense of the word.
In contrast: Gurley lay bleeding as Liang fretted about losing his job. Compare that to Dockery. Even according to the prosecution, the teen ran through his 13th-floor hallway knocking on doors and warning his neighbors about the fire.
If you're Brock Turner, a rich, white student who sexually assaults an unconscious woman, the judge says, “A prison sentence would have a severe impact” on you.
But the system of mass incarceration, the New Jim Crow, is all about robbing young Black and Brown people of their lives.
The Black Lives Matter movement in NYC must SHUT IT DOWN until we get justice for Marcell!
Prompting Discussions on Social Justice Through Journalism
By Jasmine Pusser and Tricia Vuong
On the night of November 20, 2014 NYPD officer Peter Liang fired a bullet into an underlit hallway of a housing project located in East New York, Brooklyn. The bullet fatally shot an unarmed black man in a darkened stairwell. The death of the 28-year old victim, Akai Gurley, fueled the already existing nation’s outrage on racialized police brutality. In February 2016, Liang went to trial and the media coverage of this case sparked controversy amongst the Chinese-American community in New York thus causing a progression of the charges to change.
Vivian Yee from The New York Times published an article,“Indictment of New York Officer divides Chinese-Americans,” in February 2015 a few months shortly after the incident occurred. In the article, Yee opens up with the ironic beginning of Lunar New Year coinciding with the indictment manslaughter charges brought onto Liang and what it means to the Chinese community. Yee’s article in the Times was one of the first published to explore the angle of how Liang’s case contributes to the pre existing controversy of police brutality, but how this specific case caused a divide amongst a community. In May 2015, several months after Yee’s Time’s article was published, Hansi Lo Wang from NPR published a similar article, “N.Y. Police Shooting Case Divides City’s Asian-Americans." Both of the articles include quotes from residents of the Chinatown communities in Flushing, Queens and Manhattan, New York. Using quotes from community members, what both Yee and Lo Wang emphasize in their articles is the concern amongst individuals that Liang was only charged with manslaughter, and was the only police officer to shoot an unarmed black male to become charged, because he is Asian.
These articles were published in 2015, one year before the verdict from the trial came out but already there had been a community outcry. In February 2016, the jury came to a verdict and decided Peter Liang was guilty of manslaughter. The verdict caused a variety of New York news outlets to cover this topic. Sarah Maslin Nir and David W. Chen from The New York Times published the article “Many Asians Express Dismay and Frustration After Liang Verdict,” after the verdict was released. Since Liang’s indictment, individuals have rallied together in support but once the verdict read guilty, Liang wasn’t the only one left distraught according to the article. Maslin Nir and Chen state in their article that the case has “pulled at a thread long woven through the city’s Asian population, which sees what happened as yet another example of the mistreatment of a marginalized community, ill-equipped to fight back.”
In another article covering the case, Nathan Place and Thomas Tracy for The New York Daily News wrote “Supporters Rally behind Peter Liang, cop convicted in Akai Gurley’s shooting death.” The article was also written after the verdict in February 2016, and stated “Peter Liang was convicted February 11 of manslaughter and faces 15 years in prison for killing Gurley.” Similarly to the other articles writing about the case, this one also covers the rising protests of Chinese-Americans. According to another Times article written, the Liang case “marks a pivotal moment in the Asian-American community since the Rodney King riots, when dozens of Korean-American businesses were burned to the ground” (Caspian Kang).
Several months after the verdict had been read, the case took another unexpected turn of events. In April 2016 one of the jurors, Michael Vargas, had knowingly lied about his father’s criminal history thus causing the defense to reevaluate the new information to the judge. In Alan Feuer’s article for the Times, “Juror Imperils Conviction of Peter Liang; Ex-Officer, in Brooklyn Killing,” he calls this case one of the biggest police misconduct cases in recent New York history that swept up the national debate on race and law enforcement.
After the misconduct from the juror was announced, the New York Post writes “NYPD cop Peter Liang dodges prison for killing Akai Gurley.” The article states the Brooklyn Supreme Court Justice Danny Chun largely followed the “no-jail recommendation of Brooklyn District Attorney Ken Thompson in sentencing ex-Officer Peter Liang to five years probation and 800 hours of community service for the death of Akai Gurley.” The jury’s finding on manslaughter was also downgraded by Chun to criminally negligent homicide. The article presents both sides of the prosecution and defense having quotes from Liang’s lawyer as well as Gurley’s girlfriend who watched him die in his arms. The article also includes a photograph of the protesters in support of Peter Liang outside the Brooklyn courthouse before his sentencing. Signs written “Peter Scapegoat, Peter Liang deserves justice, and one tragedy two victims,” are amongst the many phrases written from supporters.
As the case continues in trial nearly one year and a half after the incident, the media’s coverage does not stop either. Again in April 2016, the New York Times writes another article, “Ex-New York Officer Gets 5 Years of Probation in Fatal Brooklyn Shooting.” Feuer is the writer for this article again, days after his previous one for the publication regarding the juror. In this article, Feuer writes “The sentence-in one of the most divisive police misconduct cases in recent New York City history- came just moments after the judge took the unusual steps of ruling that the shooting was essentially an accident and reducing the jury’s verdict.” He points out that the case has been usual from the start and the sentence was a decisive move in the politically contentious case, but never fit the narrative of other killings by law-enforcement officers around the country. “It is rare for police officers even to be charged and brought to court in shooting cases; while this one resulted in a guilty verdict at a three-week trial this winter, the sentencing was deeply disappointing to the family of the victim, Akai Gurley,” Feuer said.
Similarly, the New York Daily News wrote “Judge rules ex-NYPD cop Peter Liang does not deserve new trial for killing Akai Gurley,” shortly after the verdict was changed. This article does not mention the rallying of supporters for Liang but rather states “around 200 protesters rallied against the delay of Liang’s sentencing, as well as Thompson’s recommendation he be given probation,” with the rest of the article concluded with quotes from Gurley’s family.
In the wake of Liang’s arrest, several news outlets focused on covering first hand accounts through the lens of public reaction and protest. Thousands of community members, activists and organizers alike gathered in various New York City locations throughout the impending trial and aftermath of Liang's indictment. Community leader Jack Ouyang spearheaded other members of the Chinese-American community in organizing a support group, Coalition of Justice for Liang. On February 19, 2014, the group released a statement, “We believe that Mr. Liang has been sacrificed as a scapegoat in a highly politicized criminal justice system, resulting from recent intensifying police-community relations. By protesting Officer Liang's conviction, the Coalition of Justice for Liang is demanding that NYPD must shoulder its responsibilities.”
The statement was released to several media and news outlets, and allowed journalists to gain traction in covering the movement of community reaction. New York City based magazine, The Villager, published an article five days after the Coalition of Justice for Liang released their statement. Author Ropek focused on the strong numbers in attendance, “An estimated nearly 10,000, mostly Asian-American protesters rallied in Cadman Plaza Park in Brooklyn, on Sat., Feb. 20, to voice their anger and disbelief at Liang’s conviction. Many of them passed out leaflets urging that the Supreme Court justice who oversaw the case grant a more lenient sentence for Liang.”
While members of the Asian-American community called for the exoneration of Liang, the press also focused on the juxtaposing voices of those who stood in solidarity with the neighbors and family of Akai Gurley, backed by members of the Black Lives Matter movement. The New York Times spotlighted these voices in an article titled, “Legacy of Officer Peter Liang’s Conviction Is Hard to Define” published February 12th of 2016, “Members of the Black Lives Matter movement saw the verdict as a validation of their fight in other cities in the aftermath of fatal police shootings. Brittany Packnett, a member of the planning team for Campaign Zero, another activist group, said the verdict was to be celebrated, and a product of “the collective efforts of many across the country have made citizens and the criminal justice system well aware that we demand to see justice for the fallen.” The New York Times and several other New York based news outlets continued to follow the Liang case throughout various areas of the city, inciting a nationwide discussion on the intersections of police brutality, racism and urban space.
New York press continued to cover the varying aspects of the highly politicized Liang case, several outlets capitalized on these feelings of tension and high emotion. The Asian Times released several op-eds opposing the indictment of manslaughter, calling for members of the Asian-American community to see Liang as a scapegoat for systemic corruption and police brutality. An op-ed for the Asia Times titled, Peter Liang is unlucky to be an Asian New York cop, Dr. George Koo wrote, “Asians along with Latinos and Blacks are on the same side of the racial divide not on opposite sides. The injustice is white vs. all the colored minorities. Liang is unlucky to become a cause celebre just when the emotional cauldron is at full boil.” On April 19, 2016, Curtis Sliwa, a writer for the New York Post posted an opinion editorial in response to Liang’s final verdict titled, “Peter Liang ruling is a travesty.” Sliwa wrote, “The district attorney and Judge Danny Chun enabled Liang because he got five years’ probation and 800 hours of community service. The two cops, the police union, the DA and the judge are hopelessly wrong. Liang should have been sentenced to seven years of hard time in a state penitentiary so that this might never happen again.” The shooting of Akai Gurley addressed deeper, more insidious issues minority communities had with New York Police Department. New York publications played a lead role in bringing these viewpoints to light, fostering a citywide discussion among viewership.
Data taken in 2015 indicated that 97% of officers involved in cases of police violence were not charged with a crime. Journalistic coverage of police violence is vital in creating public awareness, especially in urban spaces where certain formulas of crime often go unreported. Media outlets carry immense power in bringing issues to the forefront. The lens of urban study includes viewing urban spaces critically, especially when it comes to crime and crime coverage. Reporting in urban spaces hold great implications in the movement for change, reaching the inhabitants and policies of the city. The Liang trial exposed error in the New York Police Department's systematic treatment of crime, especially in low-income communities. Journalism can play a crucial role in highlighting the catalysts of change within these power structures. The Black Lives Matter movement as well as the Asian American community continued an ongoing fight for minority rights throughout the Liang trial, using the media as a platform for coverage.
The New York Times website has a beat dedicated solely to stories on, “Police Brutality, Misconduct and Shootings.” The section covers national stories as well as those centric to New York City. Article “If Police Stairwell Shooting was Accidental, Circumstances Around It Were Not,” by crime reporter Alan Feuer addressed the politics of police coverage in urban spaces in the wake of the Liang trial, “But if the killing of Mr. Gurley was a kind of crime of chance, what of the conditions that preceded and permitted it? Would a private building on the Upper East Side have had an elevator persistently out of service as was the case at the Louis H. Pink Houses in East New York? Would the stairwell lights in such a building have been broken? Would armed officers — one of them with his gun drawn — have been on patrol inside?” Publications like the New York Times and the New York Daily News followed the preceding case over the span of two years, as it affected community members all throughout the various Manhattan boroughs. Coverage followed protest throughout the city, from Chinatown to City Hall, often landing in Brooklyn, the site of the shooting and trial. The Liang case served as a representation of the issues within its surrounding urban space; class, race, politics, lives and law were all up for discussion.
Urban Journalism can work to create strides in city wide change, in the case of Peter Liang, tensions between arising communities meant that reporters were stepping foot into vulnerable situations. Crime coverage in urban spaces can carry the weight of having detrimental effects, such as the case of The Central Park Five, often cited as a miscarriage of justice perpetrated by faulty journalism. Voices from both sides were heard throughout the Liang case, and the city functioned as debating ground in addressing police brutality and crime in urban spaces. The death of Akai Gurley left a community reeling in pain, and the trauma that stems from police brutality is a sentiment echoed throughout the nation. The voices showcased throughout several urban publications in the Liang case were for the most part immensely intersectional, and imparted the opportunity for journalists to ethically illustrate the retelling of minority stories.
Works Cited:
Alan Feuer. "Juror Imperils Conviction of Peter Liang, Ex-Officer, in Brooklyn Killing." The New York Times (2016): n. pag. Web. 10 May 2016.
Alan Feuer. "Ex-New York Officer Gets 5 Years of Probation in Fatal Brooklyn Shooting." The New York Times (2016): n. pag. Web. 10 May 2016.
Jay Caspian Kang. "How Should Asian-Americans Feel About the Peter Liang Protests?" The New York Times (2016): n. pag. Web. 10 May 2016.
Koo, George. "Peter Liang Is Unlucky to Be an Asian New York Cop." Asia Times. Top Writers China, 15 Feb. 2016. Web. 11 May 2016.
Chelsea Rose Marcius, and Stephen Rex Brown. "Judge Rules Ex-NYPD Cop Peter Liang Does Not Deserve New Trial for Killing Akai Gurley." The New York Daily News (2016): n. pag. Web. 10 May 2016.
Sarah Maslin Nir, and David W. Chen. "Many Asians Express Dismay and Frustration After Liang Verdict." The New York Times (2016): n. pag. Web. 10 May 2016.
Emily Saul, Kevin Fasick, and Kate Sheehy. "NYPD Cop Peter Liang Dodges Prison for Killing Akai Gurley." The New York Post (2016): n. pag. Web. 10 May 2016.
Mapping Police Violence. N.p., n.d. Web. 11 May 2016. <http://mappingpoliceviolence.org/>.
Nathan Place, and Thomas Tracy. "Supporters Rally behind Peter Liang, Cop Convicted in Akai Gurley’s Shooting Death." The New York Daily News (2016): n. pag. Web. 10 May 2016.
Ouyang, Jack. "Chinese Americans in More Than 30 Cities to Rally for Justice for Ex-NYPD Officer Peter Liang." Chinese Americans in More Than 30 Cities to Rally for Justice for Ex-NYPD Officer Peter Liang. N.p., n.d. Web. 11 May 2016.
Ropek, Lucas. "Asian Pols, Protesters Demand Leniency for Liang." The Villager Newspaper. The Villager, 26 Feb. 2016. Web. 11 May 2016.
Sliwa, Curtis. "Peter Liang Ruling Is a Travesty: Curtis Sliwa." New York Post. New York Post, 19 Apr. 2016. Web. 11 May 2016.
Hansi Lo Wang. "N.Y. Police Shooting Case Divides City's Asian-Americans." NPR (2015): n. pag. Web. 10 May 2016.
Wilson, Michael. "Legacy of Officer Peter Liang’s Conviction Is Hard to Define." The New York Times. The New York Times, 12 Feb. 2016. Web. 11 May 2016.
Vivian Yee. "Indictment of New York Officer Divides Chinese-Americans." The New York Times (2015): n. pag. Web. 10 May 2016.
A bustling street in downtown Brooklyn, N.Y., separated two groups. Each was fenced in by stone-faced police officers and steel barricades: an Asian-American community divided by Tuesday's sentencing of 28-year-old Peter Liang, the son of Chinese immigrants.
On one side, a group of mainly Chinese-American protesters held up poster boards declaring "Racist Prosecution!" and "Peter Liang Deserves Justice too!" in black marker.
On the other, a racially-mixed group of activists that included Asian-Americans lifted "Black Lives Matter" signs, both in English and Chinese.
'Awoken' By N.Y. Cop Shooting, Asian-American Activists Chart Way Forward
Photo caption: Supporters of Akai Gurley's family gather outside the courthouse where former New York City police officer Peter Liang was sentenced for Gurley's shooting death in Brooklyn, N.Y.
