Police Killings in Jefferson County, Alabama: 1930-1970

POLICE KILLINGS IN JEFFERSON COUNTY, ALABAMA 1930-1970

CIVIL RIGHTS & RESTORATIVE JUSTICE PROJECT NORTHEASTERN UNIVERSITY | JULY 2020

Authors and Contributors The lead authors of the report are: Margaret Burnham, University Distinguished Professor, Founder and Director, Civil Rights and Restorative Justice Project (CRRJ); Katie Sandson, CRRJ Legal Fellow; and Jessica Faunce, CRRJ Law Student Co-op. Research contributions were provided by: Amelia Cabrera, Jonah Frere-Holmes, Lauren Hawkes, Noah Lapidus, Alexandria Ortiz, Alexander Stein, and Raymond Wilkes.

About the Civil Rights and Restorative Justice Project The Civil Rights and Restorative Justice Project (CRRJ) at Northeastern University School of Law is a mission-driven program of interdisciplinary teaching, research, and policy analysis. We work at the crossroads of race, history, and criminal justice. Established in 2007 and offering courses, fellowships, and an archive of cases, the program is the preeminent academic center for the study of mid-twentieth century racial violence. Our original investigations, transformative pedagogies, and top-level scholarship facilitate local and national initiatives to uncover an accurate history of racial terror and reconcile the ongoing damage.

This report was made possible by the support of the Andrew W. Mellon Foundation, the Ford Foundation, and a seed grant from Northeastern University.

Table of Contents Introduction ..................................................................................................... 1 Overview: Police Killings in Jefferson County 1930 -1970 ....................... 2 Demographic Findings .................................................................................................. 2 Case Themes .................................................................................................................. 4

Case Summaries .............................................................................................. 8 Archie Lee Gilder ..........................................................................................................

Daniel Webster Hunter ................................................................................................

William (Thomas J.) Brown .........................................................................................

The Victims of Officer James Albert Hale ..................................................................

8 9 10 11

Recommendations .......................................................................................... 15 Investigations of Historical Police Violence ............................................................... 15 Acknowledgments and Dialogue ................................................................................ 16 Law Enforcement Training ........................................................................................... 16

Conclusion ....................................................................................................... 17

I. Introduction The killing of George Floyd and others at the hands of police in Spring 2020 raised searing questions about the historical role of American police in perpetrating and perpetuating racist violence. The common consensus is that our contemporary policing systems are broken. Our investment in stricter oversight and transparency in policing, and in better training to repair the fractured relationship between marginalized communities and the men and women who police them, has not really paid off. Conferring greater authority and resources on the police without confronting the underlying problems will only further endanger the lives of black people.

The Civil Rights & Restorative Justice Project has been collecting data on police killings during the Jim Crow period. Our objective in building this archive is threefold.

First, the archive is about the black families and communities who experienced the violence. We unearth these cases to honor victims of anti-black racism whose lives were uncelebrated, whose murders were denied, and whom the justice system failed. This is a project of redress and recognition, a project to break painful silences and reject official denials. These men and women were lost to history and their families left to think of their deaths as personal losses rather than public travesties. The stories written about the victims by the black journalists were erased and the resistance campaigns launched in black communities never fully documented. Indeed, the inferences to be drawn from some of these stories are painful to contemplate. One man, Daniel Webster Hunter, a twenty-one-year-old, was killed by the police in 1949 in the Birmingham building where his father, Frank Hunter, had a business. The elder Hunter was the city’s only black private investigator, and the matters he took on included police brutality. In short, our files produce as many questions as they answer about police violence against black persons during this period. The families deserve a full accounting.

Second, the archive is about US history. This documentation deepens and complicates our understanding of the historical role of the police in the maintenance of white supremacy during the Jim Crow era. It exposes the falsity of the “bad apple” narrative. It shows how the impunity conferred on murderous police officers corrupted the whole legal system. It underscores the non-random and widespread nature of the assaults. It examines the structural dynamics of the hard race lines that so devastated black communities—who is more likely to go home from jail, who more likely to get killed in jail.

It addresses both the “why” and the “how” of racist policing. And finally, documenting these killings links these legacies of loss and violence to our map of the centuries-long black struggle for freedom.

Third and finally, the archive is about present-day policing. This data can assist reform-minded police

The Alabama Citizen counted 67 black men and women killed in the state of Alabama from 1948 to 1952, including the killing of Arthur Lee Walton in Bessemer, Jefferson County. The Alabama Citizen, November 29, 1952.

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departments who seek to confront this history of racial terror and incorporate its meaning in their present-day mission to protect public safety. We can only break the cycle with meaningful dialogue based in truth.

Birmingham is infamously the city whose Commissioner of Public Safety in 1963 set police dogs on demonstrating children. Flashed on television screens across the world were shocking images of youngsters locked up in the Birmingham jail because they participated in civil rights marches. Bull Connor’s reign did not, however, commence in the 1960s. His lethal hatred of black people can be evinced in the less dramatic but far more routine killings of black men by police officers under his control in the 1940s and 1950s. These were both policy choices: the dogs were meant to teach a lesson and quell a movement, whereas the shooting deaths of black men a decade or so earlier were intended to deflate black resistance and economic aspirations.

The story of the Birmingham civil rights movement circles back to the protests against police brutality that were waged in the 1940s and 50s, and the police killings that are so prominent today are in many ways similar to the slayings discussed in this Report.

This Report outlines how lethal state violence was used to police Jim Crow in one American city. It describes ways other cities can render their own accounting, and suggests how an historical lens can be used by those seeking to transform and reimagine policing today.

II. Overview: Police Killings in Jefferson County 1930-1970 This section provides an overview of CRRJ’s findings with regard to police killings in Jefferson County between 1930 and 1970. Limited data exist on police killings in the United States during this time period.

Although the Uniform Crime Reporting Program (UCR), run by the Federal Bureau of Investigation (FBI), has collected national data on crimes since 1930, the UCR does not collect data on killings by 2 police officers. Due to the lack of official data, the data presented in this Report include cases identified by CRRJ primarily from Birmingham newspaper records, federal and local law enforcement files, and the files of civil rights organizations. These cases were then verified through thorough case investigations, in which CRRJ reviewed newspaper records, death records and coroners’ reports, internal police records, and other available documents. The data in this section represents only the cases that CRRJ was able to identify and confirm.

There were likely additional police killings that were not captured by CRRJ’s research, due to their absence from these sources or limitations on CRRJ’s 3 access to sources.

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This section first presents a descriptive overview of the demographic findings, including the overall number of police killings and the race, gender, and ages of the victims. It then discusses additional data from these case investigations, including patterns drawn from information about the pretext for the original police stops, the locations of the fatal shootings, and the investigations and legal proceedings that followed these police killings. These patterns provide important insights into the nature of police violence in Jefferson County during this time period.

Demographic Findings CRRJ identified 127 police homicides in Jefferson County between 1932 and 1968. Of the victims in these cases, 123 were killed by police and 4 were killed by watchmen. Of the 127 victims, 121 were African American men, 2 were African American women, and 4 were white men (Figure 1). In other words, over 96% of those killed by police during this time period were African American. To CRRJ’s knowledge, all of the officers involved in the killings were white.4

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Figure 1: Police Homicides, 1932-1968

The cases CRRJ identified spanned from 1932 to 1968, with the most killings in the late 1940s and early 1950s. In 1948, 16 individuals were killed in one year, all of them black men. The year was one of political upheaval. The Alabama delegates to the Democratic Convention, along with delegates from other states across the South, bolted from the Democratic Party and launched the Dixiecrat Party.

They objected, in part, to President Truman’s plan to integrate the US Armed Forces. The Dixiecrat Convention was held in Birmingham, with Bull Connor addressing the crowd. Whether these events can be correlated with the spike in police killings is unclear. However, these national developments would likely have signaled to whites in Birmingham that the world they knew was going to change.

The ages of the victims in these cases ranged from 15 to 71 (Figure 2). Most of the victims (86 total) were between the ages of 20 and 40. Sixteen of the victims were teenagers.

The vast majority of the killings (110) occurred in the City of Birmingham (Figures 3 and 4). Four killings occurred in Bessemer and two occurred in Fairfield. Several other localities in the county registered a single known killing.

Figure 3: Police Homicides by Location

Figure 2: Police Homicide Victims by Age

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Case Themes CRRJ’s analysis of the 127 cases of police homicide suggests patterns about who was stopped by police and why, how these police interactions unfolded, and how the media and the legal system responded to killings of African Americans at the hands of police.

Pretext for the Stop CRRJ identified and categorized the police officers’ reported reasons for stopping the victim in each case. In 20 cases, the reason for the stop was unknown, and in another 2 cases, the victim was already in jail at the time of the incident. Of the remaining cases, CRRJ estimates that 45 of the victims were initially stopped for alleged minor crimes or non-criminal behavior. Examples include loitering, cursing, bumping into a white person, disorderly conduct, drunkenness, “making trouble,” engaging in verbal arguments either in public or in their own homes, minor traffic violations, or minor illegal 5 gaming activity. In about 27 cases, police stopped an individual in order to investigate a reported

burglary or robbery in the area. In about 9 cases, someone, typically a white resident, called to report “suspicious activity” or a “prowler” in the area, an accusation that served to criminalize individuals perceived to be out of place in a particular neighborhood. Police often arrested accused “prowlers” even when they were not in the location reported or when a significant amount of time had lapsed between the complaint and the arrest.6 Of the 107 cases in which CRRJ could identify the reason for the original police stop, about 24 of the victims— only 22%—were originally stopped for threatening 7 another person or brandishing a weapon.

Reason for Shooting CRRJ’s analysis suggests that there were two reasons commonly cited by police for shooting their victims—self-defense, or because the victim did not obey an officer’s command to halt.

In just under half of the cases (61 cases total), police claimed that the victim had been armed—either with a weapon or with an object that the victim

Figure 4: Map of Police Homicides in Jefferson County, 1932-1968

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This image shows police homicides from 1932-1968 plotted on a map of Jefferson County. The map illustrates the high concentration of cases within the Birmingham city limits. This image is taken from an interactive map created by Steven Braun, Visiting Assistant Professor at Northeastern University.

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tried to use as a weapon—and that the officers were required to shoot in self-defense. In the majority of these cases, police claimed that the victim had threatened them with either a gun or a knife.

In the remaining cases, police claimed that the victims had used or tried to use a household object— such as a bottle, a chair, a fire poker, an ice pick, a 9 radio, a shoe, or a tray—as a weapon. In some cases, evidence or witness testimony indicated that the victim had not been threatening the officer with an object or weapon, or there was reason to believe that the officers’ account of the incident was not accurate (for example, the officers changed their 10 story about what object was used as a weapon).

In a handful of other cases, police claimed the victim had been armed with a gun, but witnesses or those close to the victim stated that the victim did not own a gun and had not or could not have been armed. 11 In 51 cases, the victim was unarmed by all 12 accounts. Most of the unarmed victims were shot in the back while running away from the police. In these cases, officers frequently claimed that they had ordered the victim to stop running and the vic13 tim failed to obey. Sometimes, officers claimed to have fired warning shots before shooting the victim.

In cases where the unarmed victim was not running, officers often reported that the victim had attacked them by pushing, hitting, or kicking them.14

Location of Shooting Approximately 79 of the victims (62%) were killed in public spaces, with approximately 42 of these fatalities occurring on the streets of Birmingham.

In many of the street shootings, police had stopped the victim on minor charges. For instance, one sixteen-year-old victim was stopped for throwing 15 rocks at cars; another was stopped for standing 16 “in the shadows;” another for congregating in a group.17 Many were stopped because they fit the description of a suspect that had been reported to the police. The remaining public shootings

occurred in establishments such as theaters, stores, restaurants, gas stations, dance halls, churches, elementary schools, and barber shops. Some victims were shot while driving. Others were killed while they were at work.

In approximately 33 cases (26%), the victims were shot and killed in private spaces, such as their own home or the home of another private citizen.

Typically, police arrived at these private spaces to investigate reported crimes in which the victims may or may not have been involved. Police were more likely to claim that the victim was armed when the fatality occurred in a private space.18 Shootings in private typically had fewer witnesses. In such circumstances, the police controlled information about the case and were therefore able to discredit any evidence that called their story into question.

CRRJ identified 11 individuals who were killed while in police custody. Some were killed in the backseat of patrol vehicles following their arrest. Others were killed in jail. Most of these victims were unarmed by all accounts. Often multiple officers were 19 present. In the remaining 4 cases, the location of the killing was unknown.

Legal Aftermath CRRJ also examined the legal aftermath of each case to determine whether any investigation or criminal or civil proceedings took place.

After each fatality, following an internal police investigation, the coroner determined whether the police were justified in the killing. These internal investigations were typically conducted by two police officers and the coroner, who generally accepted the account of the officers involved. At the time, the coroner was an appointed position, and coroners were not required to have any specific medical 20 training. Approximately 85% of the police killings that CRRJ identified were ruled a “justifiable homicide” by the coroner. A small number of cases were

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deemed “accidents,” “homicides,” or “unjustifiable homicides.” The coroner’s determination in the remaining cases is unknown.

The other two officers involved in Henderson’s death were removed from the police force, and it appears that they were also charged with manslaugh26 ter, but it is unclear if they were ever tried.

An external investigation took place in only a handful of cases. CRRJ identified only four cases in which grand juries were convened. Because grand jury records are typically sealed, the outcomes of these proceedings are often unknown. In three of the four cases identified by CRRJ, newspapers reported that the grand jury declined to indict the officer. The outcome of the remaining case is 21 unknown.

The federal government investigated a small number of police homicides in Jefferson County, typically after a family member of the victim or the NAACP wrote to the Department of Justice (DOJ).

The DOJ opened investigations into at least three cases but declined to prosecute any of them, concluding that there had been no federal civil rights 22 violations.

CRRJ has identified only two cases in which the officers involved were arrested, charged, and brought to trial. In the first case, Officer John Tate was charged with murder following the fatal shooting of Tilton Y. Pennington. The shooting occurred while Tate was off-duty. The trial was held about five months later in Jefferson County circuit court and was prosecuted by the deputy solicitor. The jury deliberated for 1 hour and 20 minutes before 23 acquitting the officer of murder. Newspapers reported that prior to the trial, the Birmingham Police Department promised Tate that he would be reinstated to the force if he were to be found 24 innocent.

In the second case, Officer Thomas Nelson was charged with first-degree manslaughter in the death of O’Dee Henderson, who was killed at the Fairfield Police Station. Nelson was tried in Bessemer circuit court in June 1940. He testified that he acted 25 in self-defense, and the jury found him not guilty.

The above article describes the trial and acquittal of Officer Thomas Nelson, who was charged with first-degree manslaughter for 27 killing O’Dee Henderson. Birmingham Post, June 20, 1940.

In sum, thorough investigations of police killings of African Americans in Jefferson County were rare. Prosecutions were even rarer, and even when officers were brought to trial, they were typically acquitted. The absence of external investigations and legal proceedings in the vast majority of these cases illustrates that the use of force against primarily African American residents of Jefferson County was not taken seriously by those in positions of power.

Repeat Perpetrators CRRJ’s case investigations reveal that many police officers in Birmingham and Jefferson County were

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implicated in multiple killings during their careers.

For instance, CRRJ identified one officer who was involved in the deaths of five black men in an eight year period. Another was involved in four fatal incidents in under two years. CRRJ identified six officers who were each involved in three deaths and at least a dozen additional officers who were involved in two deaths. Moreover, some of these same officers were also involved in additional non-fatal beatings or shootings.

CRRJ’s research into the careers of these officers indicates that they were rarely prosecuted, removed from their roles, disciplined, or otherwise held accountable for these deaths. In fact, the evidence suggests that many were promoted, received commendations, and had long careers in law enforcement. For example, James Albert Hale was involved in the deaths of five black men between 1943 and 1950. In 1951, he was promoted from Patrolman to Detective. Ten years later, in 1961, he was promoted to Sergeant. It does not appear that he ever faced any disciplinary actions related to the 28 five fatal shootings.

The failure of police departments to hold officers accountable for this conduct allowed these officers to remain in positions where they could kill repeatedly, and where they could influence the behavior of their peers. Research indicates that officers who have witnessed other officers’ misconduct or use of force are more likely to use force themselves. One reason for this trend may be that when officers see their peers engage in this behavior, they no longer perceive this behavior to be deviant or punishable, and instead see it as a way of increasing acceptance among their peers. 29 In Jefferson County, and in Birmingham in particular, the failure to remove or discipline officers who killed black residents likely helped create a culture in which such violence could spread among officers.

Newspaper Coverage CRRJ’s analysis reveals significant differences in how black- and white-run newspapers covered police violence. The white newspapers that covered police homicides in Birmingham consistently dehumanized and criminalized the victims. For instance, if a victim was shot by police while the police were investigating a burglary, the white press typically implied that the victim had committed the burglary and that this justified the officers’ use of lethal force. If the victim had a criminal record, including minor and non-violent convictions, that information was 30 frequently emphasized in the coverage of his death.

White newspapers rarely published any information about the victims that may have allowed readers to empathize with them, such as information about their families, occupations, or questions surrounding the circumstances of their deaths.

In contrast, black newspapers kept count of police homicides and covered the incidents as part of a larger pattern. For instance, in 1948, a particularly deadly year, the Birmingham World published lists of victims and reported on calls from black leaders to 31 stop police brutality in the city. Additionally, black newspapers often published accounts of the fatalities that conflicted with the police narrative, as well as personal information about the victims, such as their marital status, number of children, occupation, and the details of the funeral arrangements.

The coverage of Reverend Captain Leonard Butler’s death, illustrated by the newspaper clippings that follow, provides an example of the differences between black and white newspaper coverage. The article on the left, from the white-run Birmingham News, focuses on the disruption to the operation of the TCI mines after Butler, an employee, was killed.

The article on the right, published on the same day by the black-run Atlanta Daily World, highlights Butler’s personal and family life and notes the inaccuracies in The Birmingham News reporting.

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Left:The Birmingham News, June 8, 1948 (courtesy of Newspapers.com).32 33 Right:The Atlanta Daily World, June 8, 1948 (courtesy of ProQuest Historical Newspapers).

III. Case Summaries This section presents summaries of a small subset of the 127 police killings identified by CRRJ in Jefferson County during this time period. These case summaries illustrate several of the trends outlined in the previous section, including the criminalization of black men for minor offenses; the rarity of investigations in these cases; and the involvement of the same officers in multiple fatal shootings.

Archie Lee Gilder On October 6, 1952, Archie Lee Gilder was shot and killed by Officers R.E. Reid and J.E. Legrand on the 34 street in Birmingham. He was 28 years old. 35 According to newspaper reports, Mrs. Roy A. Rogers, a white woman, heard Gilder removing a window

screen from her son’s apartment. She alerted the neighbor, Mrs. Edna Mercer, and Mercer called the police to report a “prowler.” When the officers arrived, they reported that Gilder was standing under Rogers’s window barefoot. Gilder was placed in a squad car with one of the officers while the 36 other questioned Rogers and Mercer. The officers claimed that Gilder began struggling and ran from the patrol vehicle. Both officers reportedly fired several warning shots into the ground and then shot 37 Gilder after he ignored their commands to halt.

According to the black newspaper, the Atlanta Daily World, Gilder was the 12th African American fatally shot by police in Alabama in 1952. 38 Following the incident, several of the white-run newspapers described Gilder as a “prowler” and an “ex-convict,” framing the story as if his criminal history justified 39 his death.

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Daniel Webster Hunter Daniel Webster Hunter was shot by Detective W.A. Dobson at the Pythian Temple in Birmingham on May 30, 1949.43 He was 21 years old. 44 Hunter died on December 5, 1949 as a result of his inju45 ries. Daniel Webster Hunter’s father, Frank Hunter, was a private detective and operated a detective 46 agency in Birmingham. Daniel Hunter worked for his father as a detective agent.47

An article from The Tampa Tribune described Gilder as a “prowler” and an “ex-convict.”The Tampa Tribune, October 6, 1952 (courtesy of Newspapers.com).40

Gilder, like many African American men during this time, was arrested based on the accusations of white women without any other supporting evidence. Gilder’s death also illustrates how the cycle of criminalization often attached itself to black men, with sometimes fatal consequences. Before his death, Gilder served 18 months in Kilby prison on a sodomy conviction and was released on August 30, 41 1952. CRRJ has not been able to obtain any other information about Gilder’s criminal history. Kilby was known for the work inmates performed in the prison’s cotton mills and farming operations, and for housing the electric chair nicknamed the “Yellow Mama.” 42 After the completion of his sentence, Gilder was most likely released into the community without a source of income and quite possibly without a place to stay. He had been out of prison less than six weeks before he found himself barefoot at the window of an apartment occupied by a white woman. One can understand why someone with Gilder’s recent experience in the criminal justice system might have made the decision to run from police when accused of a crime by a white woman and faced with the prospect of being returned to prison.

According to newspaper accounts, Dobson stopped by a night spot in the Pythian Temple to question patrons about a burglary. 48 According to The Alabama Citizen, a black newspaper, Hunter was at the Pythian with two other men, and Dobson and his partner began to question him. When Hunter tried to run away, Dobson shot him.49 According to The Birmingham News, Detective Captain Jim Norrell of the Birmingham Police Department claimed that Dobson was alone, not with his partner, and that Hunter lunged at Dobson, knock50 ing him down, before Dobson shot him.

Hunter was the 16th black man killed by police in Alabama in 1949. 51 Records from the Birmingham Police Department provide that Hunter’s killing was deemed a “justifiable homicide.” 52 Hunter’s death serves as an example of how police could target even prominent members of the black community in Birmingham with impunity. Daniel Hunter’s father, Frank Hunter, was a well-known black detective in Birmingham in the 1940s and 1950s. He was the manager of Ace’s Detective Services, an agency that specialized in criminal investigations, and Daniel Hunter worked as a detective for his father’s agency. The office of Ace’s Detective Services was located in the Pythian Temple, the building where Hunter was shot. 53 It is unclear whether Hunter was working at Ace’s that night or why the officer decided to question Hunter about the burglary. Hunter was not a suspect, and by all accounts, he was unarmed when he was shot.

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Will (Thomas J.) Brown Will (Thomas J.) Brown was fatally shot by Patrol55 man R.R. Chambers on June 15, 1940. Brown was 60 years old at the time of his death, and he was 56 married to Emma Brown. He had been the night watchman of a black homeowner’s vacant home in 57 Ensley and was working there when he was killed.

Daniel Webster Hunter was the son of a well-known private detective, whose office was located in the same building where Hunter was shot.The Alabama Citizen, December 17, 1949 (courtesy of Newspapers.com).54

The officer’s version of events is called into question based on the conflicting reports of the events leading up to the shooting. The Birmingham Police Department told the press that Hunter “lunged” at Dobson; however, other accounts reported that Hunter simply ran. Yet the shooting was still deemed “justifiable” because the officer claimed self-defense. Despite these discrepancies and the presence of two other witnesses during the shooting, no external investigation was ever conducted into Hunter’s death. The fact that there was no investigation in this case, where the victim’s father managed a detective agency and would have been very familiar with the workings of the criminal justice system, highlights the impossibility of obtaining a thorough and impartial investigation in police homicide cases during this time.

On the evening of Brown’s death, Chambers and Officer A.W. Jones responded to reports of a man “prowling” in the vacant home.58 Newspapers reported that neighbors had called the police because they did not know why Brown was spending the night there. 59 Chambers told newspapers that after he arrived, he ordered Brown to come out of the house. When Brown instead retreated into a back room, Chambers broke through the door and chased Brown into the kitchen. 60 Chambers stated that Brown drew a pistol, but other reports stated that Brown never took out a gun.

Chambers reported that he told Brown four times to drop the gun. 61 He then fired at Brown three times, striking him at least once in the neck and 62 once through his arm and side. Brown died instantly.

The Atlanta Daily World noted conflicting reports about whether or not Brown drew his weapon.The coroner opened an investigation, but Brown’s death was ultimately ruled a justifiable homicide.

The Atlanta Daily World, June 18, 1940 63 (courtesy of ProQuest Historical Newspapers).

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Coroner Gip M. Evans opened an investigation into Brown’s death two days later, on June 17, 1940.64 Birmingham Police Department records list Brown’s death as a “murder” and indicate that Chambers was arrested. However, Brown’s death was ultimately declared a “justifiable homicide,” and it does not appear that further legal action was taken 65 against Chambers.

The dynamics between black neighborhoods and the white officers who policed them are hinted at in this case. While it is unclear from the newspaper accounts exactly who called the police to report Brown, Brown had been hired as the night watchman for a black resident of Ensley, which at the time was a mixed-race neighborhood with a significant African American population. 66 Unlike many of the other cases where white residents reported black men to the police for being in white spaces, it seems likely that the house where Brown worked was located in a majority-black neighborhood of Ensley, and therefore that the residents who called the police to report Brown may have been black.

Once the police arrived at the home, they escalated the situation which was, at its core, a misunderstanding. Instead of figuring out why Brown was in the house, police entered under the presumption that Brown was a criminal. When Brown declined to come out of the house where he worked, the officers used force to break through the door and chased him into a back room. Reports conflict as to whether Brown drew a weapon on the officers.

Since he was working as a night watchman, Brown probably was armed. However, there is no evidence that he advanced on or shot at police.

The coroner told the press that the homeowner had failed to notify police that Brown would be on 67 duty inside the home overnight, implying that this oversight was to blame for Brown’s death. This interpretation of the incident illustrates that black residents were expected to submit themselves to heightened monitoring in order to protect those

around them from police violence. The onus was placed on the residents to prevent such incidents, rather than on police to exercise restraint when responding to community complaints.

The Victims of Officer James Albert Hale Officer James Albert Hale Officer James Albert Hale, Jr. was involved in the deaths of five black men in the span of less than eight years, from 1943-1950.

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On Tuesday, December 28, 1943, Hale and his partner H.P. Williams shot and killed Knox Fail on the street.

On Monday, August 5, 1946, Hale and F.R. Brockman shot and killed Harrison Lee outside Lee’s barbershop.

On Monday, March 29, 1948, Hale and his partner C.A.Vildibill shot and killed John Johnson in an alley behind a dry goods store.

Less than nine months later, on Friday, December 10, 1948, Hale and his partners, H.W. Brewer and J.M. Lawson, shot and killed Theris Rudolph Wood in the backyard of a white family’s home.

On Thursday, February 8, 1950, Hale shot and killed Eugene Burt in Burt’s home.

In two of the five cases, the victims were armed with guns, and according to reports in the white press, dangerous. In two other cases, Hale and his partners claimed that the victims were armed with guns, but there were no corroborating witness accounts. In the fifth case, the victim was by all accounts unarmed and fleeing. Each killing was deemed a “justifiable homicide” by the Jefferson County Coroner’s office. It does not appear that Hale was ever disciplined in relation to any of these incidents.

Hale was first approved as a patrolman to the Birmingham Police Department on September 14, 1940.68 While still a beat cop in 1948, he was tasked

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with transporting Idaho Senator Glen Taylor, a famous anti-segregationist and vice presidential candidate on the Henry Wallace Progressive Party ticket, to jail for entering a building through a door 69 marked for black people. In May of 1949, Hale was indicted on charges of assault and battery for beating a white woman with a rubber hose. Those charges were later dropped because the complaining witness listed him as “Jimmie Hale,” rather than “James Hale,” on the warrant.70 Despite his history, Hale went on to receive a promotion from Patrolman to Detective in 1951, 71 the year after his final known killing. On May 22, 72 1961, he was promoted to Sergeant. Hale died in 73 1983.

This section presents the stories of the five men killed by Hale and his partners.

J.A. Hale, left, in 1953, three years after his last known fatal shooting and one year after his promotion to Detective.

The Birmingham News, May 25, 1953 (courtesy of Newspapers.com).74

Knox Fail On the afternoon of Tuesday, December 28, 1943, Knox Fail was killed by Birmingham police officers J.A. Hale and H.P. Williams during a shootout in downtown Birmingham. Fail was around 40 years 75 old and worked as a saw mill laborer.

According to Assistant Police Chief J. Morris Cousins, Officer J.E. McDonald attempted to arrest Fail after a white woman complained that Fail had attempted to enter a white women’s restroom in downtown Birmingham.76 An eyewitness told The Birmingham News that when McDonald tapped Fail on the shoulder, Fail reached for a gun. According to the witness, McDonald drew his own gun, and Fail shot at McDonald twice from about three feet away, hitting him once in the neck before walking away.

At this point, several armed white citizens joined police efforts to capture Fail, following him and exchanging fire. After McDonald was wounded, he handed his gun to Private First Class Paul Sznyitar of the Birmingham Army Airfield, who followed Fail and was joined by Hale and Williams. Also involved in the shootout was bus operator Omer Bentley, whose bus was stopped on Second Avenue. Bentley stated that he heard that Fail had shot a police officer and saw Fail reloading his gun.

Bentley reportedly drew his gun and fired two shots at Fail after Fail turned to shoot at him. At this point, Hale arrived and fired several shots, reportedly hitting Fail in the neck. As Fail fled, Williams arrived. Fail reportedly shot at Williams, and Williams fired two shots in response, wounding 77 Fail. Fail died on the way to Hillman Hospital.

The following day, Commissioner of Public Safety Bull Connor proposed an ordinance requiring citizens to obtain a permit from the chief of police in order to purchase a pistol. 78 The Jefferson County Coroner’s office deemed Knox Fail’s death a “justifiable homicide.” 79

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Harrison Lee On Monday, August 5, 1946, Officers F.R. Brockman and J.A. Hale shot and killed Harrison Lee outside Lee’s barbershop in Birmingham, Alabama. Lee was 39 years old and ran his own barbershop at 212 North 26th Street.

Around 8:15 PM on the night of August 5, the officers were surveying the area around North 26th Street in their patrol car. Birmingham City Detectives who investigated the case reported that Hale and Brockman were stopped by Robert Green, an African American man who lived down the street from Lee’s barbershop. Green told the officers that he had gotten into a fight with Lee at the barbershop, and that Lee had shot him in the leg. Hale entered the barbershop, and Lee reportedly told him that the barber had left the shop and gone down the street. Brockman went to get Green to 80 identify Lee. According to the detectives, Brockman heard gunshots, and Hale yelled that Lee had a gun and had shot him. Lee was reportedly armed with a German P-38 automatic revolver. Brockman and Hale shot back at Lee, and according to The Birmingham News, “more than a dozen shots were exchanged.”

The officers shot Lee in the abdomen and chest, and 81 he fell.

Lee was taken to Hillman Hospital and pronounced dead at 9:05 PM. Green was also taken to Hillman Hospital, where he was treated for a flesh wound to the leg. Hale was taken to the West End Baptist Hospital, where he was treated for a compound fracture of his left arm and a flesh wound on his left leg. 82 The Jefferson County Coroner’s office deemed Harrison Lee’s death a “justifiable homicide.” Coroner Joe Hilderbrand investigated the incident along 83 with detectives Jamie Moore and C.F. Batchedler.

Moore went on to become the longest-serving Police Chief in Birmingham’s history, serving from 84 1956 to 1972.

The death of Harrison Lee was ruled a “justifiable homicide.”

85 Birmingham World, August 9, 1946.

John Johnson On Monday, March 29, 1948, Birmingham police officers J.A. Hale and C.A.Vildibill shot and killed John Johnson. Johnson was 42 years old and a father of nine children.

Johnson was stopped by Hale and Vildibill in an alley behind a drygoods store on 22nd Street North.

The officers reported that Johnson resisted arrest by pulling out a “fountain pen” .38 pistol. In response, the officers opened fire and shot Johnson 86 in the chest and head. No explanation was ever provided as to why Johnson was stopped in the first place, and there were no witness accounts. He died 87 at 10:45 PM at Hillman Hospital.

According to The Birmingham World, John Johnson was one of four victims of police homicide in 88 Birmingham in a 30-day span.

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Jefferson County Coroner Joe Hilderbrand deemed John Johnson’s death a “justifiable homicide.” Officers R.A. MacMurdo and W.J. Haley investigated the 89 incident.

away from the window, pretending not to have seen anything, and called the police. A patrol car arrived and Brewer, Hale, and Lawson got out. Wood reportedly fled when he saw the officers. The officers claimed they ordered him to halt. When he kept running, all three officers fired at him.91 A bullet struck Wood in the back of the head, killing him. He 92 was pronounced dead at 11:20 PM. Theris Rudolph Wood was one of three victims of 93 police homicide in Birmingham in December 1948.

The Jefferson County Coroner’s office deemed Theris Rudolph Wood’s death a “justifiable homicide.” It could not be determined which officer fired 94 the fatal shot.

Eugene Burt On Wednesday, February 8th, 1950, Officer J.A. Hale shot and killed Eugene H. Burt at Burt’s home in Birmingham, Alabama. Burt was 46 years old and 95 worked as a butler in a private home.

John Johnson was one of four black men killed by Birmingham police in 30 days, leading local NAACP leaders to call a conference on the subject. Birmingham World, April 30, 1948. 90

Theris Rudolph Wood On Friday, December 10, 1948, Birmingham police officers J.A. Hale, H.W. Brewer, and J.M. Lawson shot and killed 19-year-old Theris Rudolph Wood.

Wood was allegedly spotted at the window of 510 North 87th Street, the home of Lt. Colonel Orville Lysaught. Lt. Colonel Lysaught and his wife were out for the night, and their 15-year-old daughter Beverly was babysitting her 4-year-old brother. According to newspaper reports, at 11 PM, she heard a noise at her bedroom window and saw Wood. She walked

On the night of February 8th, Hale responded to a report from an unnamed African American woman that Eugene Burt had fired a pistol at her. When Hale arrived at Burt’s home, 231 10th Avenue North, Birmingham, Alabama, Burt allegedly shut himself in his room. According to Police Captain Marcus Hancock, Burt refused to open the door, and when Hale broke down the door, Burt aimed a shotgun at him. Hale fired twice, hitting Burt once in the head and killing him. 96 No known witness accounts exist other than Hale’s.

According to the Birmingham World, Burt was one of ten African American residents of Birmingham shot and killed by police between January 1, 1950 and July 5, 1951.97 Jefferson County Coroner Joe Hilderbrand deemed Eugene H. Burt’s death a “justifiable homicide.” Officers R.A. MacMurdo and W.J. Haley investigated the incident. 98

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This section will briefly outline several steps that can be taken at the state and local level.

Investigations of Historical Police Violence

Burt was one of 10 individuals killed by Birmingham police between January 1950 and July 1951.

Birmingham World, July 17, 1951.99

IV. Recommendations It is important to understand the role of law enforcement in perpetrating and facilitating historical racial violence because this history continues to shape police-community interactions today. The experience of trauma stemming from historical racial violence has been passed down from generation to generation, and its impact is still felt in the present. Moreover, although there have been substantial improvements in law enforcement practices in the contemporary era, minority communities continue to be victimized by police brutality, racial profiling, and mass incarceration.

Although this report focuses on Jefferson County, cities and counties across the country have similar histories of racial violence perpetrated by law enforcement. This history has continuing impacts, and it is essential that state and local law enforcement agencies and public officials take steps to address this history and engage in reparative practices today.

A first step towards addressing historical police violence is understanding the scope of this history and recording a full accounting of the events that occurred. This report reflects the findings of CRRJ’s investigations into police killings in Jefferson County.

Jefferson County has a particularly egregious history of police violence against African Americans, as demonstrated by the data in Section I of this report, which addresses exclusively Jim Crow era violence.

But this history was not unique to Jefferson County.

By investigating and publicizing the history of racial violence in their own localities—whether during the Jim Crow era or a different historical time—scholars, activists, and local officials can better understand the roles that law enforcement and government actors played in this history and identify opportunities for repair.

CRRJ investigates cases of racial homicide, including police homicides, by collecting relevant primary and secondary source documents.

Researchers use physical archives and online data-bases to identify newspaper articles related to these incidents, focusing on the black press. They also obtain primary source documents such as death certificates, coroner’s reports, and law enforcement reports from federal, state, and local agencies.

Finally, CRRJ researchers conduct interviews with witnesses and living relatives of the victims. Where we identify multiple similar cases in a given locality and timeframe, such as the Jefferson County police killing cases, we compile all of the data from these cases to analyze trends.

This process can be replicated by other individuals and organizations, particularly those with access to local knowledge and resources. This research will help localities better understand how racial violence operated in their local context, and the

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data and case studies produced can be used to support policy, educational, and restorative justice initiatives. State and local government agencies should play a role in conducting or endorsing these investigations. Governmental involvement can lend legitimacy to these investigations, and governmental actors often have better access to internal government documents that can facilitate a fuller accounting of these histories.

Acknowledgments and Dialogue Once there has been an investigation into a particular set of historical injustices and a detailed account of this history has been developed, an acknowledgment or apology by the departments or institutions involved can play an important role in the healing process for the victims, their families, and their communities.

By acknowledging the harm that occurred and accepting responsibility for the actions of the department, police and local officials can demonstrate respect for families and communities impacted by historical injustices and lay the groundwork for reconciliation. The type of acknowledgment or apology that is appropriate may vary based on the specific history of each individual police department—not all departments have the same history as Jefferson County. However, all departments can acknowledge the role that law enforcement has played in perpetuating racial violence and how this history impacts police-community relations today.

Acknowledgments of, and apologies for, historical injustices are important first steps, but these actions alone are not sufficient for healing and reconciliation. Police departments and other state and local officials also need to create opportunities to engage with families and communities about past and present injustices. These dialogues should provide a space for the affected individuals to outline other restorative measures they would like to see, and for local officials to commit to the process of restorative justice.

Officials in Birmingham and Jefferson County have taken initial steps in this direction. In October 2017, then Birmingham Police Chief A.C. Roper issued an apology on behalf of the department for its historical failures to protect African American citizens. The statement was made at an event hosted by CRRJ in Birmingham, Resurrecting Their Stories: A Community Based Oral History Project. In March 2020, CRRJ hosted a second convening in Birmingham, Remembrance and Repair: Police Violence in the Jim Crow Era. This convening brought together family members of those killed by police officers in Jefferson County from 1930-1970 to discuss the continuing effects of this history. The families were joined by public officials, community members, and experts in restorative justice, historical injustice, and criminal justice. The aim was to create a forum for families, communities, and local officials to discuss steps that could be taken towards repair.

The measures undertaken by public officials in Jefferson County to acknowledge these historical harms and engage in dialogue about reconciliation can serve as a model for officials in other jurisdictions who are grappling with similar histories.

Public officials in Birmingham and Jefferson County can build on these initial steps by continuing to publicize and memorialize this history, creating additional forums for engaging with affected families and community members, committing to work with the community on reparative projects, and implementing policy changes to address present issues related to police brutality.

Law Enforcement Training Law enforcement personnel need to understand and engage with the history of racial violence.

Understanding this history can help reduce implicit bias and increase trust between communities and police. Training for police departments can help teach officers about the role that law enforcement has played in incidents of racial violence and help officers better understand the experiences of the communities they serve.

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The Stockton Police Department in California, under the leadership of Police Chief Eric Jones, provides one example of how a police department can incorporate training on this topic into its work.

The Stockton Police Department trains all of its officers on the theory and practice of procedural justice, a framework that focuses on how police interact with community members and emphasizes principles such as respectful treatment of community members, citizen participation, neutrality, and building trust.100 The Stockton Police Department provides context for these trainings through a unit on the history of policing and police-community relations. As part of its participation in the National Initiative for Building Community Trust and Justice, Stockton has worked to enhance this unit by incorporating historical primary source documents and 101 resources into the training curriculum.

Another example is the Historical Injustices and Present Policing project (HIPP), a partnership between five Northeastern University affiliates, including CRRJ. HIPP leverages lessons gleaned from the CRRJ Archive to draw connections between

historical racial violence and issues in police practices. The HIPP project has created three sets of materials to help police departments across the country implement training on the role of law enforcement in historical racial violence. First, the Silenced Histories Digital Map compiles cases of racially motivated homicides from 1930 to 1955 into an interactive map, allowing state and local police departments to find relevant cases in their jurisdictions. Second, a comprehensive toolkit provides background information to assist law enforcement officials and instructors in training their personnel on historical injustice and its contemporary effects.

Third, the HIPP law enforcement training materials provide a detailed training outline and slide deck for use in classroom instruction.

The HIPP materials cover the concepts of historical racial violence, intergenerational trauma, and restorative justice. The materials include case studies from five jurisdictions, including Birmingham, but they are suitable for use by any law enforcement agency. All of the HIPP materials will be available on the CRRJ website once finalized.102

V. Conclusion Efforts to repair police-community relations and achieve meaningful reform require confronting law enforcement’s historical role in perpetuating racial violence. This engagement with the past requires that police departments first have a full understanding and accounting of their own local histories. Using the example of Jefferson County, Alabama, this Report illustrates the lessons that can be learned from research into historical police violence and how this research can lay the foundation for further dialogue, education, and reparative processes.

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Endnotes 1. Sources to support the data and trends identified in this section, including documents for each individual case, are on file with CRRJ. 2. U.S. DEP’T OF JUSTICE, BUREAU OF JUSTICE STAT., BRIDGING GAPS IN POLICE CRIME DATA (Sept. 1999), https://www.bjs.gov/content/pub/pdf/bgpcd.pdf.

3. For example, the internal Birmingham police files to which we had access tracked homicides beginning in 1939.

CRRJ identified a small number of homicides from 1930-1939 through its own research but did not have access to a list of victims’ names from the department’s own files to guide its research, the way it did for the years after 1939.

4. The Birmingham Police Department did not hire its first black officer until March 1966. NICK PATTERSON, BIRMINGHAM FOOT SOLDIERS: VOICES FROM THE CIVIL RIGHTS MOVEMENT (2014). Only 13 of the cases identified by CRRJ occurred after this date, and 10 of these officers are listed as white in Birmingham Police Department records. For the remaining 3, the officer’s race is not listed in departmental records or news coverage, but there is no indication that any of these officers were black.

5. See, e.g., Charles Howard, Negro Slain,Two Policemen Hurt in Alley Fight, THE BIRMINGHAM NEWS, Mar. 19, 1950 (noting that police arrived to break up an argument between Charles Howard and his wife); Negro Slain, The Decatur Daily, Jan. 23, 1950, at 3 (stating that Buck Aaron was arrested on charges of “making trouble”).

6. For instance, in the case of Vernon Kidd, four residents had called police to report a prowler in their neighborhood on the evening of his death. Police stopped Kidd several hours later while he was driving and arrested him on those charges. Officer Roy Massey shot and killed Kidd in the back of the patrol vehicle on the way to the jail.

Police-Killed Vernon Kidd Given Final Rites on Sunday, BIRMINGHAM WORLD, June 5, 1951 at 1.

7. In some of the cases where the victim was originally stopped for a minor infraction or non-criminal behavior, or in response to a burglary or robbery, police alleged that the victim later turned out to be armed or attacked the officer with a weapon. However, this was not the original reason for the stop in these cases.

8. The killings are plotted on a map of present-day Jefferson County rather than a map of Jefferson County from the 1930s-1960s.

9. See, e.g., Man Shot to Death in Attempted Arrest, THE BIRMINGHAM NEWS, Feb. 12, 1951, at 1 (reporting that Alfred Carter, Jr. allegedly attacked police with a bottle); Police Register Seventh Homicide Within 63 Days, ATLANTA DAILY WORLD, June 4, 1948, at 7 (reporting that police stated that Walter Weston was armed with an ice pick).

10. For example, in the case of Walter Weston Jr., officers initially reported that they responded to a call that Weston had been beating his wife with a fire poker. In the report following the shooting, police stated that he had threatened them with an ice pick. See Police Register Seventh Homicide Within 63 Days, ATLANTA DAILY WORLD, June 4, 1948, at 7.

11. See, e.g., ‘Bama Cops Slay Former Preacher, NEW YORK AMSTERDAM NEWS, June 12, 1948, at 9 (quoting the brother of Captain Leonard Butler as saying that Butler “never in his life carried a pistol.”)

12. In the remaining 15 cases, it is unknown whether or not the victim was alleged to be armed.

13. See, e.g., Police Bullets Mow Down Negro Fleeing Northside Station, THE BIRMINGHAM NEWS, Feb. 7, 1940, at 4 (stating that police shot and killed James Marzell Wright after he failed to obey their commands and ran from them).

14. See, e.g., John Tucker Shot Down by Police Bullets, ATLANTA DAILY WORLD, Aug. 8, 1952 at 7 (reporting that John Henry Tucker, who was unarmed, moved “as if to attack” the officer who arrived on the scene. The officer shot Tucker five times, killing him.)

15. Tom Lankford and Irving Beiman, The Day a Church Became a Tomb, THE BIRMINGHAM NEWS, Sept. 16, 1963, at 6.

16. Officers Shoot Negro Who Slashed, TALLADEGA DAILY HOME, Mar. 24, 1950 at 4.

17. Birmingham Police Probe Shooting, THE MONTGOMERY ADVISOR, May 8, 1966, at 21.

18. CRRJ identified 33 of the 127 fatalities as occurring in private spaces. Police claimed that 28 of these victims (84.8%) were armed, 3 were unarmed, and 2 cases remain unknown. CRRJ identified 79 cases that took place in public spaces. Police claimed that 29 of these victims (36.7%) were armed and 40 (50.6%) were unarmed. In the remaining cases that occurred in public, it is unknown whether the police alleged that the victim was armed.

19. See, e.g., Police-Killed Vernon Kidd Given Final Rites on Sunday, BIRMINGHAM WORLD, June 5, 1951 at 1 (noting that Vernon Kidd was killed in the back of a police car); Officer Beats, Kills Suspect, NEW YORK AMSTERDAM NEWS, May 25, 1940, at 2 (noting that multiple witnesses were present when O’Dee Henderson was beaten and shot at the Fairfield Police Station).

20. History of the Coroner’s Office, JEFFERSON COUNTY, ALABAMA, https://www.jccal.org/Default.asp?ID=1819&pg=History+of+the+Coroner%27s+Office (last visited June 29, 2020).

21. Form No. 5-3.42-6M, The State vs. J.E. Lambert (Mar. 28, 1950) (noting that a grand jury was convened in the death of Charles Howard. The outcome of the grand jury hearing is unknown); Indictment Returned in Birmingham Youth Slaying, ATLANTA DAILY WORLD, Oct. 13, 1963 at 1 (noting that a grand jury declined to indict Officer Jack Parker for the murder of Johnnie Robinson); Grand Jury Declines to Indict Policeman in Slaying of Negro, THE BIRMINGHAM NEWS, May 6, 1942, at 16 (reporting that a grand jury declined to indict Officer C.W. Hopkins in the death of Henry Matthew Burns); Ex-Policeman Faces Charges of Murder, THE CHICAGO DEFENDER, Aug. 2, 1941, at 5 (noting that a grand jury declined to indict Officer Hubert G. Alexander in the death of John Jackson).

22. See, e.g., Memorandum from Director, Federal Bureau of Investigation to Francis X. Walker, Acting Assistant Attorney General, Criminal Division (Jan. 11, 1950) (Dep’t of Justice File 144-1-81) (stating that the Department of Justice is closing its files on the case of Charlie Lewis after finding that further investigation is unwarranted).

23. The composition of the jury in this case is unknown, but juries in Alabama during this time period were frequently made up of all white men. Although the 1935 case, Norris v. Alabama, prohibited the systematic exclusion of African Americans from jury service, this case had a limited effect on jury selection practices in southern states, and African Americans continued to be excluded from juries. See Norris v. Alabama, 294 U.S. 587 (1935); MICHAEL J. KLARMAN, FROM JIM CROW TO CIVIL RIGHTS: THE SUPREME COURT AND THE STURGGLE FOR RACIAL EQUALITY 154 (2006).

24. Policeman Acquitted on Charge He Killed Negro in Birmingham, THE DECATUR DAILY, Jan. 26, 1950 at 11.

25. Officer Goes on Trial in Slaying, BIRMINGHAM POST, June 17, 1940, at 1; Officer Acquitted in Negro’s Slaying, BIRMINGHAM POST, June 20, 1940, at § 2, Page 9.

26. Third Fairfield Policeman Fired, BIRMINGHAM POST, June 14, 1940, at 2; Officer Goes on Trial in Slaying, BIRMINGHAAM POST, June 17, 1940, at 1.

27. Officer Acquitted in Negro’s Slaying, BIRMINGHAM POST, June 20, 1940, at § 2, Page 9.

28. See infra p. 11, The Victims of Officer James Albert Hale.

29. Marie Ouellet et al., Network Exposure and Excessive Use of Force: Investigating the Social Transmission of Police Misconduct, 18 CRIMINOLOGY & PUBLIC POLICY 675, 690-91 (2019).

30. See, e.g., Prowler, Seeking to Flee From Police, Slain Here, THE BIRMINGHAM NEWS, Oct. 6, 1952, at 24 (referring to Archie Lee Gilder as a “prowler” in the title and an “ex-convict, out of prison two months” in the first sentence of the article).

31. See, e.g., Emory O. Jackson, 14 Negroes Killed by B’ham Police in 1948, BIRMINGHAM WORLD, Jan. 4, 1949, at 1.

32. C.L, Butler, Most of T.C.I. Mines In Operation After Half-Day Walkout, THE BIRMINGHAM NEWS, June 8, 1948, at 3.

33. C.L. Butler, Police Bullets Cut Down Retired Baptist Minister, THE ATLANTA DAILY WORLD, June 8, 1948, at 1.

34. ARCHIE LEE GILDER, BIRMINGHAM POLICE DEPARTMENT RECORDS (Oct. 5, 1952).

35. ARCHIE LEE GILDER, ALABAMA DEATHS AND BURIALS INDEX (Oct. 5, 1952).

36. Prowler, Seeking to Flee From Police, Slain Here, THE BIRMINGHAM NEWS, Oct. 6, 1952, at 24; Florida Nurse Traps Prowler; Police Kill Him, THE TAMPA TRIBUNE, Oct. 6, 1952, at 12.

37. Prowler Slain by Policemen, THE DECATUR DAILY, Oct. 6, 1952, at 9; Florida Nurse Traps Prowler; Police Kill Him, THE TAMPA TRIBUNE, Oct. 6, 1952, at 12.

38. Man Allegedly Killed by “Law”, ATLANTA DAILY WORLD, Oct. 10, 1952, at 5.

39. See, e.g., Prowler Slain by Policemen, THE DECATUR DAILY, Oct. 6, 1952, at 9; Florida Nurse Traps Prowler; Police Kill Him, THE TAMPA TRIBUNE, Oct. 6, 1952, at 12; Negro Prowler Killed Fleeing from Police, ALABAMA JOURNAL, Oct. 6, 1952, at 5.

40. Florida Nurse Traps Prowler; Police Kill Him, THE TAMPA TRIBUNE, Oct. 6, 1952, at 12.

41. ARCHIE LEE GILDER, ALABAMA CONVICT RECORDS (Jan. 24, 1952 - Aug. 30, 1952).

42. S. Jonathan Bass, Riding the Lightning: Kilby Prison and the Big Yellow Mama, ALABAMA BENCH AND BAR HISTORICAL SOCIETY (Sept./Oct. 2011), https://irp-cdn.multiscreensite.com/cd948326/files/uploaded/SeptOct%202011.pdf; History of the ADOC, ALABAMA DEP’T OF CORRECTIONS, http://www.doc.alabama.gov/History (last visited May 4, 2020).

43. City Detective Shoots Negro in Shoulder, THE BIRMINGHAM NEWS, May 31, 1949, at 25.

44. DANIEL WEBSTER HUNTER, ALABAMA DEATHS AND BURIALS INDEX, (Dec. 5, 1949).

45. Id.; Detective’s Son Shot by Police, ALABAMA CITIZEN, Dec. 17, 1949, at 9.

46. Detective’s Son Shot by Police, ALABAMA CITIZEN, Dec. 17, 1949, at 9.

47. DANIEL WEBSTER HUNTER, DRAFT CARD (1946).

48. Detective’s Son Shot by Police, ALABAMA CITIZEN, Dec. 17, 1949, at 9.

49. Id. 50. City Detective Shoots Negro in Shoulder, THE BIRMINGHAM NEWS, May 31, 1949, at 25.

51. Birmingham Police Claim 16th Victim, THE PITTSBURGH COURIER, Dec. 17, 1949, at 18.

52. DANIEL WEBSTER HUNTER, BIRMINGHAM POLICE DEPARTMENT RECORDS (Dec. 5, 1949).

53. Ace’s Detective Services, THE BIRMINGHAM NEWS (advertisement), Feb. 10, 1945.

54. Detective’s Son Shot by Police, ALABAMA CITIZEN, Dec. 17, 1949, at 9.

55. THOMAS J. BROWN, ALABAMA DEATHS AND BURIALS INDEX (JUNE 15, 1940); WILL BROWN (THOMAS J.), BURMINGHAM POLICE DEPARTMENT RECORDS (June 15, 1940).

56. THOMAS J. BROWN, ALABAMA DEATHS AND BURIALS INDEX (June 15, 1940).

57. Coroner Orders Probe of Death, ATLANTA DAILY WOLRD, June 18, 1940, at 6.

58. Coroner Investigates Slaying by Officer, THE BIRMINGHAM NEWS, June 17, 1940, at 9.

59. Coroner Orders Probe of Death, ATLANTA DAILY WOLRD, June 18, 1940, at 6; Watchman is Killed, THE PITTSBURGH COURIER, June 29, 1940, at 12; Watchman Slain by Ala. Police, THE CHICAGO DEFENDER, June 29, 1940, at 4.

60. Watchman is Killed, THE PITTSBURGH COURIER, June 29, 1940, at 12; Watchman Slain by Ala. Police, THE CHICAGO DEFENDER, June 29, 1940, at 4.

61. Coroner Orders Probe of Death, ATLANTA DAILY WOLRD, June 18, 1940, at 6.

62. Watchman Slain by Ala. Police, THE CHICAGO DEFENDER, June 29, 1940, at 4.

63. Coroner Orders Probe of Death, ATLANTA DAILY WORLD, June 18, 1940, at 6.

64. Coroner Investigates Slaying by Officer, THE BIRMINGHAM NEWS, June 17, 1940.

65. WILL BROWN (THOMAS J.), BURMINGHAM POLICE DEPARTMENT RECORDS (June 15, 1940).

66. David P. Schneider, Schneider Historic Preservation LLC, DOWNTOWN ENSLEY AND TUXEDO JUNCTION: AN INTRODUCTORY HISTORY (2009), http://shphistoric.com/page8/files/Ensley%20History.pdf; Louise Passey Maxwell, Remaking Jim Crow: Segregation and Urban Change in Birmingham, Alabama, 1938-1963 156, 184 (May 1999) (unpublished PhD Dissertation, New York University).

67. Coroner Investigates Slaying by Officer, THE BIRMINGHAM NEWS, June 17, 1940.

68. Patrolmen Are Appointed, THE BIRMINGHAM NEWS, Sept. 18, 1940, at 16.

69. Birmingham Jail More Than a Song to Taylor, THE BIRMINGHAM NEWS, May 4, 1948, at 6.

70. City Policeman is Indicted, THE BIRMINGHAM NEWS, May 7, 1949, at 1; ‘Misnomer’ Prevents Trial of Policeman, THE BIRMINGHAM NEWS, Oct. 25, 1949, at 17.

71.

72.

73.

74.

75.

76.

77.

78.

79.

80.

81.

82.

83.

84.

85.

86.

87.

88.

89.

90.

91.

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97.

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100.

101.

102.

Hale Joins Force, THE BIRMINGHAM NEWS, Feb. 9, 1951, at 21.

Detective Promoted, THE BIRMINGHAM NEWS, May 23, 1961, at 14.

U.S. Social Security Death Index, 1935-2014, James Hale.

Found in Gambler’s Room – Police Check Tiny Radio Transmitter,Two Receivers, THE BIRMINGHAM NEWS, May 25, 1953, at 1.

CERTIFICATE OF DEATH FOR KNOX FAIL, ALABAMA CTR. FOR HEALTH STATISTICS (Dec. 28, 1943).

Man Killed in Running Gun Battle with Police, ATLANTA DAILY WORLD, Jan. 11, 1944, at 2.

Policeman Wounded, Negro Shot to Death in Downtown Gun Battle, THE BIRMINGHAM NEWS, Dec. 29, 1943 at 1, 6.

City to Require Police Permit Before Pistols Can be Bought, THE BIRMINGHAM NEWS, Dec. 29, 1943, at 1.

REPORT BY THE CORONER OF JEFFERSON COUNTY, KNOX FAIL (Dec. 28, 1943).

Negro is Killed, Officer Injured in Shooting Fray, THE BIRMINGHAM NEWS, Aug. 6, 1946, at 1.

Id. Id. REPORT BY THE CORONER OF JEFFERSON COUNTY, HARRISON LEE (Aug. 5, 1946).

On the Death of Jamie Moore, TUSCALOOSA NEWS (Dec. 29, 2002), https://www.tuscaloosanews.com/article/DA/20021229/News/606119902/TL. Harrison Lee, 39, Slain by Police, BIRMINGHAM WORLD, Aug. 9, 1946, at 1.

2nd Negro Killed by Police Here Within 3 Days, BIRMINGHAM WORLD, Apr. 2, 1948.

CERTIFICATE OF DEATH FOR JOHN JOHNSON, ALABAMA CTR. FOR HEALTH STATISTICS (Mar. 31, 1948).

Emory O. Jackson, Police Homicides Up to 4 Within 30 Days, BIRMINGHAM WORLD, Apr. 30, 1948, at 1.

REPORT BY THE CORONER OF JEFFERSON COUNTY, JOHN JOHNSON (Mar. 29, 1948).

Emory O. Jackson, Police Homicides Up to 4 Within 30 Days, BIRMINGHAM WORLD, Apr. 30, 1948, at 1.

Babysitting Girl, 15, Sees Face at Window; Man Slain as Prowler, THE BIRMINGHAM NEWS, Dec. 12, 1948, at 29; Birmingham Police Slay 11th Negro; Charge Prowling, BIRMINGHAM WOLRD, Dec. 14, 1948, at 1.

REPORT BY THE CORONER OF JEFFERSON COUNTY, THERIS RUPOLPH WOOD (Dec. 11, 1948).

Emory O. Jackson, 14 Negroes Killed by B’ham Police in 1948, BIRMINGHAM WORLD, Jan. 4, 1949, at 1, 6.

REPORT BY THE CORONER OF JEFFERSON COUNTY, THERIS RUPOLPH WOOD (Dec. 11, 1948).

CERTIFICATE OF DEATH FOR EUGENE BURT, ALABAMA CTR. FOR HEALTH STATISTICS (Feb. 9, 1950).

Man Points Shotgun, Policeman Kills Him, THE BIRMINGHAM NEWS, Feb. 9, 1950, at 11; Negro Slain, THE DECATUR DAILY, Feb. 9, 1950, at 17.

FBI May Probe B’ham Police, BIRMINGHAM WORLD, July 17, 1951, at 1.

REPORT BY THE CORONER OF JEFFERSON COUNTY, EUGENE BURT (Feb. 8, 1950).

FBI May Probe B’ham Police, BIRMINGHAM WORLD, July 17, 1951, at 1.

See Procedural Justice, NATIONAL INITIATIVE FOR BUILDING COMMUNITY TRUST & JUSTICE, https://trustandjustice.org/resources/intervention/procedural-justice (last visited June 26, 2020).

NATIONAL INITIATIVE FOR BUILDING COMMUNITY TRUST & JUSTICE, STOCKTON 2018 INTERIM TATUS REPORT (2018), https:// s3.trustandjustice.org/misc/National_Initiative_2018_Interim_Status_Report_Stockton.pdf.

THE CIVIL RIGHTS AND RESTORATIVE JUSTICE PROJECT, https://crrj.northeastern.edu/ (last visited June 26, 2020).