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PHILADELPHIA

Ruling gives police 'license to kill'

By Betsey Piette

Philadelphia

Anger is mounting here since a municipal court judge threw out manslaughter charges Jan. 15 against a Philadelphia police officer in the shooting death of 19-year-old African American youth Donta Dawson.

Through a series of protests and press conferences, Dawson's family, the NAACP, the American Civil Liberties Union, and numerous community groups are calling for a federal investigation of the case, and for first-degree murder charges to be brought against Christopher DiPasquale, the cop involved.

Around 1 a.m. on Oct. 1, Donta Dawson was sitting alone and unarmed in his stalled car on a street in North Philadelphia, waiting for his grandfather to come and take him home. Civilian witnesses testified that police surrounded Dawson's car with guns drawn. According to their testimony DiPasquale kept yelling, "Get out of the car before I blow your f------ head off."

DiPasquale then fired two shots through the front window of Dawson's car, hitting him in the head. Dawson died hours later. Police claimed that Dawson moved suddenly after refusing repeated commands to show both hands, and that DiPasquale shot him because he believed Dawson had a gun.

On Nov. 20, responding to public pressure, Philadelphia District Attorney Lynne Abraham filed charges of voluntary and involuntary manslaughter against DiPasquale. Even before the Dawson shooting, 11 complaints had been filed with Police Internal Affairs Division against DiPasquale. He had been suspended for 10 days after giving false testimony in the police beating death of a Puerto Rican man, Moises DeJesus, in 1994.

Dawson family members said DiPasquale had repeatedly stopped and harassed Donta Dawson over the past six months. On the night before the shooting, DiPasquale reportedly beat Dawson and stole his beeper and wallet. Dawson had intended to file a harassment complaint.

Shortly after the manslaughter charges were filed against DiPasquale, police terrorized Dawson family members, claiming a man who had sold cocaine to an undercover officer fled into the Dawson home. Members of the 39th Police District--notorious for drug-charge frame-ups of hundreds of people who were later released--charged into the home, arrested a Dawson family member and attacked a pregnant woman.

On Jan. 6, Municipal Court Judge Felice R. Stack threw out the manslaughter charges against DiPasquale, claiming the police "had no other choice." At a press conference held in response to Stack's ruling, Stefan Presser of the ACLU noted, "Something is terribly wrong with a police department whose officers encounter a lone, unarmed African American man in a car and the only thing they can think to do leads to the death of a motorist."

Presser and NAACP President J. Whyatt Mondesire also criticized Philadelphia Mayor Rendell for his silence on the Dawson killing.

Dawson family members point out that Stack's ruling has given police an unconditional "license to kill." Antoinette Dawson, Donta's mother, told reporters: "If it was one of us killing a cop, we'd have a life sentence or be on death row by now. They should have charged DiPasquale with murder."

Dawson's uncle, Howard Roche, said, "My nephew is dead ... for nothing. No gun. And they are going to discharge the case. It's just like being down in Mississippi, where I'm from."

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