Arthur McDuffie
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Arthur McDuffie (c. 1946 - 1979), whose death at the hands of Miami-Dade police and the officers' subsequent acquittals, caused one of the worst riots in United States history.
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[edit] About McDuffie
McDuffie was an insurance salesman, and had previously been a United States Marine, and a military police officer. He had two daughters and was planning to remarry his former wife.
[edit] The Incident
In the early morning hours of December 17, 1979, police officers pursued 33-year-old McDuffie, who was driving his 1973 black and orange Kawasaki motorcycle. McDuffie had accumulated traffic citations and was driving with a suspended license.
The officers involved in the chase (Ira Diggs, William Hanlon, P.O. Michael Watts), and Alex Marrero later filed a report claiming McDuffie had run a red light and led police on an eight-minute chase. They claimed, after McDuffie lost control of his vehicle while making a left turn, he attempted to flee on foot but was subdued by the officers. McDuffie was accused of kicking Diggs during the scuffle. By the end of the struggle the officers had cracked his skull "like an egg", in the words of the prosecutor at the trial.
McDuffie was transported to a nearby hospital, where he died four days later of his wounds. The coroner's report concluded that he had suffered multiple skull fractures after being hit by a blunt object.
[edit] The Trial
The four officers were indicted for manslaughter, as well as tampering with or fabricating physical evidence. Marrero's charge was later elevated to second-degree murder. Acting director of the Dade County Public Safety Department Bobby Jones suspended them on December 27, noting that the four officers had been cited in 47 citizen complaints and 13 internal affairs probes since 1973. In addition, two other officers, Herbert Evans, Jr. and Ubaldo Del Toro, were charged with being an accessory to the crime and also fabricating evidence. All of the officers were fired less than a month later.
Due to the volatile atmosphere in Miami, which presiding judge Lenore Carrero Nesbitt had termed a "time bomb," the trial was shifted to Tampa, Florida, where jury selection began on March 31, 1980. The trial was heard by an all-white, all-male jury. The lead prosecutor of the case was future U.S. Attorney General Janet Reno.
The defense's claims that the police were under attack were disputed by officer Charles Veverka, who had received immunity in exchange for his testimony. Veverka stated officers hit McDuffie 10-12 times with clubs and fists until he was motionless, and then attempted to cover up the attack by using a police car to run over the motorcycle and claim that McDuffie's injuries were the result of an accident.
Hanlon, who also had received immunity, testified that he had choked McDuffie to the ground with his nightstick before Marrero began striking him. Hanlon also backed up Veverka's account by saying he was the officer who had driven over McDuffie's motorcycle. The only defendant, Alex Marrero, took the stand.[citation needed] The three men who gave sworn statements were Veverka, Hanlon, and Meirs.[citation needed] Hanlon was charged with felonies, while Veverka was charged with a civil rights violation, and Veverka was acquitted.
On April 25, still another police officer, Mark Meier, was given immunity and testified that the high-speed chase had slowed to 25 miles per hour when McDuffie shouted, "I give up." Meier then stated that 3-8 officers surrounded McDuffie, pulled off his helmet, and proceeded to beat him with nightsticks, with Marrero striking him at least two times. Yet this testimony clashed with Hanlon's testimony, which stated Marrero struck McDuffie with a flashlight. Because the murder weapon was not identified due to inconsistent witness testimonies, there was enough reasonable doubt to acquit Alex Marrero.
Testimony from one medical examiner stated that McDuffie's injuries were the equivalent of falling out of a four-story building, while Dade County's chief deputy medical examiner, Ronald Wright, said McDuffie had suffered the worst brain damage he had ever seen in more than 3,600 autopsies.
On May 8, Del Toro was acquitted, with Judge Nesbitt saying the state had failed to prove its case. Nine days later, a jury acquitted the remaining officers on all 13 counts of the indictment after less than three hours of deliberation. Del Toro's arrest demonstrates the desperation of the state and the pressure of the media to receive results[citation needed], when Judge Lenor Nesbit rendered a directed verdict releasing Del Toro half way through the trial.
[edit] The Riots
The verdict sent people pouring into the streets, with approximately 5,000 people attending a protest at the downtown Metro Justice Building. However, by 6:00 pm, the protest turned into a riot as three people were killed and at least 23 injured. Several of the injured people were in critical condition from being shot, beaten, or stabbed.
Florida governor Bob Graham immediately ordered 500 National Guard troops into the area, but despite doubling their presence the next day, 12 more people died and 165 were injured as violence spread to the Black Grove, Overtown, Liberty City, and Brownsville sections of town. In addition, fires, burglaries, and looting increased, with police reluctant to enter some areas due to sniper fire.
By the third day, the violence declined as an 8 pm to 6 am curfew, coupled with a temporary ban on the sale of firearms and liquor, helped alleviate the violence. In addition, Graham sent in an additional 2,500 National Guardsmen.
Local police also set up barricades for parts of Coconut Grove warning motorists. Drivers reported having stones tossed at their cars, and the city came to a standstill as smoke billowed from parts of the city. Reports of sniper fire at freeway drivers also stopped traffic until the guards could restore order.
[edit] Aftermath
On May 22, former defendant Michael Watts was rushed to the hospital after a carbon monoxide suicide attempt, although police stated that his attempt was the result of a romantic breakup and not related to the trial. Meanwhile, the federal government declared Miami a disaster area, allowing the city to receive funds to rebuild.
The following day, the five officers acquitted were reinstated to their jobs after threats of a walkout by the Miami Fraternal Order of Police.
The U.S. Justice Department announced just days after the verdict that it would press for indictments of the policemen for civil rights violations. On July 28, 1980, Veverka was indicted by a federal grand jury, despite having received immunity during the original trial.
The subsequent trial was held in San Antonio, Texas, after Atlanta and New Orleans asked that it be moved from their areas due to the explosive racial component in the case. Their reluctance gave rise to the case being nicknamed as "The Trial That Nobody Wants."
On December 17, Veverka was acquitted in the week-long trial after more than 16 hours of deliberation. Minor incidents of violence were reported in Miami after the verdict was announced.
On November 17, 1981, Dade County commissioners agreed to a $1.1 million settlement with McDuffie's family in exchange for dropping their $25 million lawsuit. Of that amount, the family's legal team received $483,833, while McDuffie's children each received $202,500, and his mother, $67,500.
[edit] References
- The World Book Encyclopedia, 1982, volume 13, pg. 396
- The Miami Riot of 1980, Porter, Bruce & Marvin Dunn, 1984, D.C. Heath and Company, Lexington, Massachusetts.
- The Washington Post, various news articles, May 21 & 22 and June 22,1980.
