Today, former police officer Derek Chauvin was found guilty of murdering George Floyd. As Australians we should remember that similar cases unfold on home soil too (just as we did when news of Floyd’s death supercharged the Black lives matter movement). These three Australian cases are similar to the George Floyd story: the killing of Dwayne Johnson in March 2019, JC Clarke in September 2019 and Kumanyi Walker in November 2019. All three are stories of First Nations people shot by police or authority figures.
When we say that these Australian cases are similar to the George Floyd story, we mean that they also seek to define what ‘acceptable’ and ‘unacceptable’ use of fatal force by police looks like. Read on for a summary of each…
UPDATED: 11 March 2022.
Unnamed corrective services officer, charged with manslaughter of Dwayne Johnstone
43-year-old Indigenous man Dwayne Johnstone was shot by a corrective services officer on 15 March 2019 in Lismore, NSW.
He had been arrested and denied bail on assault charges, and suffered an epileptic fit while waiting in his cell. Johnstone was taken to Lismore Base Hospital for treatment, restrained in handcuffs and ankle cuffs. Outside the hospital, he escaped (allegedly by elbowing and pushing an officer) and ran across the street. The officer fired three shots at Johnstone, the final shot striking him.
Given that Johnstone was already restrained, his family is questioning why lethal force was used.
The case will be before Lismore Local Court on May 26.
There are two police officers in Australia awaiting trial for murder for the deaths of JC and Kumanjayi Walker, and a prison guard awaiting trial for manslaughter for the death of Dwayne Johnstone.
— Calla Wahlquist (@callapilla) April 21, 2021
As you look to the US, remember to keep an eye on our own courts.
Unnamed police officer, charged with murder of ‘JC’
29-year-old Yamatji mother JC* was shot by a police officer outside her home in Geraldton on 17 September 2019. She died in hospital from her injuries.
The family said JC had recently returned from an institution and they called police to help get her to hospital as she was suffering mental distress. When police arrived, a witness allegedly heard the accused officer tell her to drop a knife, before firing a shot. A separate witness alleges that JC “stepped back” at the request.
JC had a long, tragic history of mental health problems and intellectual impairment, and struggled with drugs and alcohol. In a separate May 2019 sentencing hearing, Justice Lindy Jenkins said she believed JC suffered from Foetal Alcohol Spectrum Disorder.
Prosecutors argue that non-lethal force (like a taser) should have been used. The accused has pleaded not guilty.
UPDATE: A jury has cleared the police officer of all charges.
*JC’s family has asked that the media use her initials instead of her full name.
Officer Zachary Rolfe, charged with murder of Kumanjayi Walker
19-year-old Warlpiri man Kumanjayi Walker was shot dead by police officer Zachary Rolfe in November 2019 during an attempted arrest for breaking terms of parole.
In an earlier attempt on 6 Nov, Walker allegedly resisted arrest while wielding an axe. Afterwards, Alice Springs Sergeant Julie Frost made arrangements with Walker’s grandparents to make the second arrest attempt in a controlled environment to limit the danger to Walker or any officers.
On 9 November 2019, officers from a different police unit – the Immediate Response Team (IRT) – attended Walker’s home to arrest him, allegedly disregarding the plan laid out by Seargent Frost’s team. During this attempt, Walker stabbed Officer Role with a pair of scissors. In response, Rolfe fired three shots at him.
Officer Rolfe was charged with murder, and his trial will be heard in the Northern Territory Supreme Court in July 2021.
Prosecutors argue that deviating from the original ‘controlled’ arrest plan put everyone involved at risk, and that while the first shot may have been justified the second and third shots fired were “excessive, unreasonable and unnecessary”.
Rolfe’s defence lawyers argue that he acted in self-defence and that his actions were compliant with NT police training.
UPDATED: The jury has found Rolfe not guilty on all charges.
