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Killing of Tortuguita

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Killing of Tortuguita
DateJanuary 18, 2023 (2023-01-18)
VenueStop Cop City occupied protest
LocationStop Cop City encampment, South River Forest, Georgia, United States
TypeLaw enforcement killing
Shooting is under investigation

Manuel Esteban Paez Terán, also known as Tortuguita, was a Venezuelan environmental activist and eco-anarchist[1][2] who was shot and killed by Georgia State Patrol Troopers, after a Georgia State Patrol Trooper was wounded during a raid of the Stop Cop City encampment on January 18, 2023.

Bodycam footage from the incident, after the shooting, includes video recordings of police from the scene speculating that the officer's gunshot injury was the result of friendly fire.[3][4][5][6] Autopsy results showed Paez Terán sustained 57 gunshot wounds, and found no visible gunpowder residue on their hands.[7][8] However, a Georgia Bureau of Investigation (GBI) report found traces of gunshot primer that could be present from Paez Terán shooting a weapon, police gunshots, or contamination.[9]

Terán's family claims that Paez Terán's hands were up at the time of the shooting, based on independent autopsy results showing bullet exit wounds in both hands.[10][11][12]

The claim of friendly fire is disputed by the Atlanta Police Department, which has alleged that Paez Terán fired at APD officers without warning after they had ordered the activist to exit the tent they were camping in.[13]

A forensic ballistic analysis report by the GBI claims a 9mm handgun belonging to Paez Terán (legally purchased in 2020) was used to shoot the officer during the police raid.

On April 19, the DeKalb County Medical Examiner's office released an autopsy, which found at least 57 gunshot wounds on Paez Terán's body and ruled their death a homicide; the autopsy also found no evidence of gunshot residue on Paez Terán's hands.[7][14]

According to The Guardian, Paez Terán was the first environmental activist in modern U.S. history to have been shot and killed by police during a protest.[5][15] Demonstrations and vigils were held in several cities in the United States and internationally in reaction to the shooting, including a riot in Atlanta on January 21, 2023.[16][17][1] Many organizations and some members of Congress have condemned the killing and called for an independent investigation of the events.[18][19]

Background

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Main article: Stop Cop City

Paez Terán was a 26-year-old[20][21] Venezuelan environmental activist and graduate of Florida State University who had been active in several social justice movements, including Food Not Bombs, before joining the Stop Cop City forest defense actions in Atlanta.[2] Paez Terán went by the nickname "Tortuguita", which is Spanish for "Little Turtle."[1]

The Stop Cop City protests that Paez Terán was participating in were part of a broader movement related to longstanding tensions about police violence in the United States, following the murder of George Floyd in 2020. Stop Cop City demonstrators oppose construction of the Atlanta Public Safety Training Center, which is slated to be built within a predominantly Black neighborhood.[22][23][24][25]

Fatal shooting

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A memorial in the Atlanta forest commemorating Tortuguita

On the morning of January 18, 2023, Paez Terán was inside a tent at the Stop Cop City encampment.[1] At around 9:00 a.m. that morning, Georgia State Patrol troopers commenced a raid, also known as a Clearing Operation, on the encampment with the intent of removing and clearing illegal encampments and trespassers.[26][1][27][21]

According to the special prosecutor's report, the troopers commanded Tortuguita out of the tent and when they did not comply, the troopers shot a pepper-spray projectile into the tent.[28] The report continued that Tortuguita returned four shots from Smith & Wesson M&P Shield 9-millimeter handgun, striking a trooper.[26][29] Six troopers that were also on-scene fired on and fatally injured Terán.[29][21][30]

A GBI report published October 2023 claims that after the shooting ceased, a loud "boom" sounded, with white smoke coming out of Terán's tent, which troopers believed to be from an Improvised Explosive Device deployed by Terán.[28][31] The report was released in conjunction with the announcement that no charges would be filed against the involved troopers.[28]

Officers say that a trooper, Jerry Parrish, suffered serious injuries and was struck multiple times – including below their armor plate and above their belt on their right side.[32] According to the officers' account, one of the bullets lodged in their spine and they were transported to Grady Hospital by ambulance where they underwent surgery to remove the bullet.[33][32]

Handgun allegedly owned by Manual Paez Teran and recovered by GBI during investigation.

Investigations

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Police accounts of the incident claim troopers encountered a tent and gave verbal orders for the person inside to exit; police say their commands were ignored and that Paez Terán fired first without warning.[13] Stop Cop City activists dispute the police description of the event.[34] Other protesters and Paez Terán's family dispute that Paez Terán fired a gun.[13] The shooting was initially under investigation by both the GBI and Dekalb County District Attorney's Office.[1] District Attorney Sherry Boston requested an independent prosecuting agency to take over the investigation to avoid the appearance of a conflict of interest with her office's involvement in a task force for the Atlanta Public Training Facility.[35] George Christian, the district attorney for northeast Georgia's Mountain Judicial Circuit, became the case's special prosecutor in April 2023.[36]

According to the GBI, forensic ballistic analysis determined that the projectile recovered from the officer's leg wound matched the handgun found in Paez Terán's possession.[37][38] The details of the analysis have not been released publicly. The recovered handgun, a Smith & Wesson M&P Shield 9mm semi-automatic pistol with serial number JFE8099, was determined to have been purchased legally by Paez Terán in September 2020.[39][21][40] Four 9mm cartridge cases were recovered by a GBI agent inside the tent occupied by Terán and were found to have been fired from the recovered Smith & Wesson handgun registered to Terán.[40]

Police claim that Paez Terán refused to leave the tent, and subsequently shot and wounded an officer with that gun.[41][42] Testing of gunshot primer residue (GSR) revealed the presence of particulates characteristics of gunshot primer residue on Terán.[40] An Autopsy was performed by the Dekalb County Medical Examiner on January 19, 2023, and in that examination gunpowder residue was not seen on the hands.[40]

According to the GBI, there is no bodycam footage of the shooting itself.[43] On February 9, 2023, Atlanta police released body camera[6] footage of the aftermath of the shooting wherein an officer is heard saying,

"(inaudible), you fucked your own officer up,"

— 9:04:20, 2023-01-18[6]

Two officers are later heard asking "Did they shoot their own man?" In the footage, officers were also heard saying that the gunfire "sounded like suppressed gunfire."[44] This comment led some to believe that the officer had been injured by friendly fire rather than by Paez Terán.[45][46]

Results from an independent autopsy determined that Paez Téran had been shot 14 times "by different firearms" with their hands raised while sitting cross-legged on the ground,[47][48] indicated by, but not limited to, the downward trajectory of fire of bullets from above and the pattern of injuries on the legs.[49] The autopsy also says that "... none of the identified firearm wounds exhibited any evidence of close range firing" because traces of gunpowder were not found, but that "... for the purposes of this report, the range of fire for all of these wounds is considered to be 'indeterminate.'"[49]

Some newspapers have claimed that Paez Terán's hands were raised above their head, based on the independent autopsy report.[10][11][48][47] Although this scenario is possible, the independent autopsy report states that "[at] some point during the course of being shot, the decedent was able to raise [their] hands and arms up and in front of [their] body, with [their] palms facing towards [their] upper body." Exit wounds were found on the palms of both hands, and Paez Terán's upper body was struck by more than one bullet.[49]

On April 19, 2023, the DeKalb County Medical Examiner released an autopsy and ruled Paez Terán's manner of death to be homicide.[50] The autopsy found that contrary to police statements and reports, Paez Terán did not have gunshot powder on their hands. As reported by The Guardian, the results of the gunshot residue test performed by the GBI may not be conclusive. The findings of the county autopsy also suggest that the police who opened fire on Paez Terán were likely to have been more than several feet away when officers' weapons were discharged.[51]

On October 6, 2023, the Stone Mountain Circuit District Attorney's Office, which was assigned as a special prosecutor for the case, announced that they will not charge the six Georgia State Patrol Officers involved in the fatal shooting of Terán - stating that the troopers' use of force was "objectively reasonable under the circumstances of the case."[52] Only selective records have been released to the public, apart from nearby police bodycam footage. The office has said that open records requests related to the case would not be fulfilled until the Cop City occupation prosecutions finish. The prosecutions, which include dozens of people, can last multiple years.[53]

Reaction and unrest

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Protest in Minneapolis on January 21, 2023.
A shrine in the streets of Atlanta commemorating the killing of Tortuguita (January 19, 2023)

Notable vigils and protests were held in the U.S. cities of Atlanta, Bridgeport, Minneapolis, Nashville, Philadelphia, and Tucson from January 20–22, 2023.[24] Some demonstrators spray painted graffiti on Bank of America buildings to protest the company's involvement in financing the facility's construction.[24] Vigils were also held in the U.S. cities of Seattle and Chicago, and internationally in London and Lützerath.[1]

Atlanta riot

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On January 21, 2023, there was a vigil for Tortuguita. A group of about 40 adults and children placed candles and homemade signs by the turtle in Clark Park, Atlanta.[54] Later in the day, protests briefly turned violent in Atlanta.[17] Demonstrators had marched from Underground Atlanta down Peachtree Street. At the intersection with Ellis Street, some demonstrators threw objects, set at least two Atlanta Police Department vehicles on fire,[35] and smashed windows of bank buildings with hammers.[17] Six people were arrested and charged criminally for actions during the January 21 riot.[55][56] Police alleged that several of the persons arrested possessed explosives.[35]

Stop Cop City issued a statement the day after the riot stating, "Destruction of material is fundamentally different from violence. All reported acts appear to be explicitly targeted against the financial backers".[57] On January 26, 2023, Georgia governor Brian Kemp declared a state of emergency in response to unrest that had erupted following the killing.[58]

Response

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In the aftermath of the fatal shooting, the Georgia General Assembly considered legislation to require state patrol officers to wear body cameras.[59]

In February, U.S. Representatives Cori Bush, Rashida Tlaib, and Senator Ed Markey called for an independent investigation into the killing.[19] Several hundred national and international organizations have condemned the killing and called for an independent investigation.[60][18][61][62]

See also

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References

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  1. ^ a b c d e f g "Protesters question circumstances surrounding 'Stop Cop City' activist's death". PBS. January 29, 2023. Archived from the original on February 3, 2023. Retrieved January 29, 2023.
  2. ^ a b Factora, James (January 23, 2023). "Queer 'Cop City' Protestor Tortuguita Fatally Shot by Law Enforcement in Atlanta". Them. Archived from the original on January 29, 2023. Retrieved January 29, 2023.
  3. ^ Marcus, Josh (April 21, 2023). "Autopsy strengthens case that 'Cop City' activist didn't fire first before being gunned down by police". The Independent. Retrieved April 23, 2023.
  4. ^ Lacy, Akela (February 9, 2023). "Officer in Cop City Bodycam Footage Suggests Fellow Cop Was Shot by Friendly Fire". The Intercept. Archived from the original on February 11, 2023. Retrieved March 6, 2023.
  5. ^ a b Pratt, Timothy (April 20, 2023). "'Cop City' activist's official autopsy reveals more than 50 bullet wounds". The Guardian. Retrieved April 23, 2023.
  6. ^ a b c Atlanta PD Bodycam – 1/18/23 Forest Raid: '39-3.mp4', February 8, 2023, archived from the original on March 6, 2023, retrieved March 6, 2023
  7. ^ a b Hughes, Rosana; Silva, Caroline. "Autopsy: Gunshot residue 'not seen' on activist killed at police training center". The Atlanta Journal-Constitution. Archived from the original on April 21, 2023. Retrieved April 20, 2023.
  8. ^ Valencia, Nick; Sayers, Devon M.; Kirkland, Pamela (April 20, 2023). "Climate activist killed in 'Cop City' protest sustained 57 gunshot wounds, official autopsy says, but questions about gunpowder residue remain". CNN. Archived from the original on April 21, 2023. Retrieved April 21, 2023.
  9. ^ Redmon, Jeremy. "GBI report: 'Particles characteristic of gunshot primer residue' found on activist's hands". The Atlanta Journal-Constitution. ISSN 1539-7459. Archived from the original on May 6, 2023. Retrieved May 6, 2023.
  10. ^ a b Radde, Kaityln (March 11, 2023). "Autopsy reveals anti-'Cop City' activist's hands were raised when shot and killed". NPR. Archived from the original on March 12, 2023. Retrieved March 11, 2023.
  11. ^ a b Papp, Jozsef. "Family: Activist's hands raised when shot by troopers near training center site". The Atlanta Journal-Constitution. ISSN 1539-7459. Archived from the original on March 10, 2023. Retrieved March 10, 2023.
  12. ^ Binder, Alex (March 13, 2023). "Manuel 'Tortuguita' Terán's Independent Autopsy Report Released at Press Conference". Unicorn Riot. Archived from the original on March 13, 2023. Retrieved March 13, 2023.
  13. ^ a b c Pratt, Timothy (January 21, 2023). "'Assassinated in cold blood': activist killed protesting Georgia's 'Cop City'". The Guardian. Archived from the original on January 30, 2023. Retrieved January 23, 2023.
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  19. ^ a b Pratt, Timothy (February 9, 2023). "'Cop City' opposition spreads beyond Georgia forest defenders". The Guardian. ISSN 0261-3077. Archived from the original on February 28, 2023. Retrieved February 28, 2023.
  20. ^ Lumpkin, Amanda (April 20, 2023). "'Stop Cop City' Activist Shot 50+ Times: DeKalb Autopsy Report". Patch (East Atlanta). Archived from the original on May 21, 2023. Retrieved May 21, 2023. Teran was born April 23, 1996, in Venezuela.
  21. ^ a b c d "GBI Investigates Officer Involved Shooting Following Multi-Agency Operation at Site of Future Atlanta Public Safety Training Center". Georgia Bureau of Investigation. Archived from the original on February 3, 2023. Retrieved February 3, 2023.
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  23. ^ Sassoon, Alessandro Marazzi; Rojas, Rick (January 19, 2023). "Protester Killed in Firefight at Site of New Atlanta Police Center". The New York Times. ISSN 0362-4331. Archived from the original on February 2, 2023. Retrieved January 24, 2023.
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  27. ^ "Person killed at Atlanta police training center site ID'd". The Washington Post. January 19, 2023.
  28. ^ a b c Keenan, Sean (October 6, 2023). "No Charges for Troopers Who Killed 'Cop City' Protester Near Atlanta". The New York Times. ISSN 0362-4331.
  29. ^ a b Lifsey, Jennifer; Summers, Zac (October 6, 2023). "Fatal shooting of protester at site of Atlanta Public Safety Training Center justified, DA says". www.atlantanewsfirst.com. Retrieved October 7, 2023.
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  32. ^ a b Proctor, Aungelique (October 6, 2023). "No charges for Georgia State troopers who killed activist at Atlanta Public Safety Training Center site". FOX 5 Atlanta. Retrieved October 7, 2023.
  33. ^ "Special Prosecutor Decision in January 18, 2023 Shooting Incident Near The Site Of The Future Atlanta Public Safety Training Center". Georgia Bureau of Investigation. Retrieved October 7, 2023.
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  35. ^ a b c Proctor, Aungelique (January 25, 2023). "DA requests independent prosecutor in deadly shooting at future Atlanta Public Safety Training Facility". FOX 5 Atlanta. Archived from the original on February 3, 2023. Retrieved February 3, 2023.
  36. ^ Keenan, Sean (May 19, 2023). "Body Cameras Can Be a Powerful Tool. But Not All Police Forces Wear Them". The New York Times. ISSN 0362-4331.
  37. ^ "GBI Investigates Officer Involved Shooting Following Multi-Agency Operation at Site of Future Atlanta Public Safety Training Center". Archived from the original on March 6, 2023. Retrieved March 6, 2023.
  38. ^ "GA Bureau of Investigation, Twitter". Twitter. Archived from the original on March 16, 2023. Retrieved March 6, 2023.
  39. ^ "GBI: Gun used to shoot trooper at site of Atlanta Public Safety Training Center bought legally by suspect". Fox5 Atlanta. Archived from the original on January 27, 2023. Retrieved January 24, 2023.
  40. ^ a b c d "Special Prosecutor Decision in January 18, 2023 Shooting Incident Near The Site Of The Future Atlanta Public Safety Training Center". Georgia Bureau of Investigation. Retrieved October 7, 2023.
  41. ^ "GBI: Gun found on protester was used to shoot trooper at future APD training site". Archived from the original on January 23, 2023. Retrieved January 23, 2023.
  42. ^ Kirkland, Pamela; Waldrop, Theresa (January 20, 2023). "7 charged with domestic terrorism after deadly shooting near proposed Atlanta police training facility". CNN. Archived from the original on January 22, 2023. Retrieved January 22, 2023.
  43. ^ Cara Tabachnick (January 26, 2023). "What we know about "Cop City" and the standoff between police, protesters in Atlanta". CBS News. Archived from the original on January 27, 2023. Retrieved January 27, 2023. the gun used in the shooting against the trooper was purchased by Paez Terán in September 2020
  44. ^ Enriquez, Alyza (February 9, 2023). "Atlanta Police Release Body Camera Footage of Activist Killing at 'Cop City'". Vice News. Archived from the original on February 10, 2023. Retrieved February 10, 2023.
  45. ^ Estep, Tyler; Abusaid, Shaddi (February 8, 2023). "Atlanta police release footage of training center shooting aftermath". The Atlanta Journal Constitution. Archived from the original on February 9, 2023. Retrieved February 9, 2023.
  46. ^ Unicorn Riot (February 8, 2023). "Atlanta PD Releases Bodycam Footage from Deadly Jan. 18 Forest Raid". Archived from the original on February 9, 2023. Retrieved February 9, 2023.
  47. ^ a b Owen, Tess (March 13, 2023). "Police Shot 'Stop Cop City' Activist 14 Times With Their Hands Up, Independent Autopsy Shows". Vice News. Archived from the original on March 13, 2023. Retrieved March 14, 2023.
  48. ^ a b Rico, R.J. (March 13, 2023). "Autopsy report says 'Cop City' protester had hands raised when killed". PBS News. Archived from the original on March 13, 2023. Retrieved March 14, 2023.
  49. ^ a b c Sperry, M.D., Kris (March 13, 2023). "REPORT OF SECOND AUTOPSY" (PDF). Decaturish. Archived (PDF) from the original on March 13, 2023. Retrieved March 19, 2023.
  50. ^ Gowitt, Gerald (April 19, 2023). "Autopsy Report" (PDF). Fox 5 Atlanta.
  51. ^ Pratt, Timothy (April 20, 2023). "'Cop City' activist's official autopsy reveals more than 50 bullet wounds". The Guardian.
  52. ^ Proctor, Aungelique (October 6, 2023). "No charges for Georgia State troopers who killed activist at Atlanta Public Safety Training Center site". FOX 5 Atlanta. Retrieved October 8, 2023.
  53. ^ Pratt, Timothy (October 8, 2023). "Shot 14 times, no charges for police: family's grief over death of Cop City activist". The Guardian. ISSN 0261-3077.
  54. ^ "¡Viva Tortuguita! | anarchistnews.org". anarchistnews.org. Retrieved April 30, 2024.
  55. ^ Stevens, Alexis (January 23, 2023). "2 granted $355K bond after Atlanta protest leads to rioting; 4 to stay in jail". The Atlanta Journal-Constitution. Archived from the original on January 31, 2023. Retrieved January 25, 2023.
  56. ^ "Atlanta Riots: 4 of 6 suspects arrested denied bond". WAGA-TV. January 23, 2023. Archived from the original on January 31, 2023. Retrieved January 25, 2023.
  57. ^ "6 arrested after violent protesters cause mayhem, set APD car on fire in downtown Atlanta". WSBTV. Archived from the original on January 27, 2023. Retrieved January 22, 2023.
  58. ^ "State of emergency declared over Atlanta 'Cop City' protest". Associated Press. January 26, 2023. Archived from the original on January 29, 2023. Retrieved January 29, 2023.
  59. ^ Kousouris, Abby (February 2, 2023). "Ga. lawmakers consider mandating body cameras for police". WRDW. Archived from the original on February 3, 2023. Retrieved February 3, 2023.
  60. ^ "Greenpeace USA calls for solidarity in response to the police killing of Atlanta forest defender Manuel 'Tortuguita' Terán". Greenpeace USA. January 23, 2023. Archived from the original on February 28, 2023. Retrieved February 28, 2023.
  61. ^ Resilience (January 24, 2023). "Vigils for Tortuguita: Land Defenders Erupt in Solidarity". Resilience. Archived from the original on March 23, 2023. Retrieved February 28, 2023.
  62. ^ Fur, Lucy (January 23, 2023). "Marches and Vigils Across the US Respond to the Police Killing of Forest Defender Tort". UNICORN RIOT. Archived from the original on January 28, 2023. Retrieved February 28, 2023.

Further reading

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