St. Louis Mayor Francis Slay says Monday that the National Guard will be on standby as a Ferguson grand jury makes its decision in the case of Michael Brown shooting. Missouri Gov. Jay Nixon also declared a state of emergency in Ferguson. VPC
Rick Canmore of Normandy, Mo., left, and Angelique Kidd of Ferguson stand in the cold, protesting across the street from the Ferguson Police Department.(Photo: Jack Gruber, USA TODAY)
FERGUSON, Mo. — Missouri Gov. Jay Nixon activated the state's National Guard and declared a state of emergency Monday in advance of a grand jury decision in the case of a white police officer who shot and killed a black teenager.
The order, in effect for 30 days, instructs the St. Louis County Police Department, the Missouri State Highway Patrol, and the St. Louis Metro Police to work together in a unified command to keep the peace should public reaction to the decision turn violent. It also puts the county police, rather than Ferguson police, in charge of security in Ferguson if unrest develop in the St. Louis suburb.
The governor directed police "to protect civil rights and ensure public safety in the city of Ferguson and the St. Louis region."
"This is America. People have the right to express views and grievances, but they do not have the right to put fellow citizens and property at risk," Nixon said last week. "Violence will not be tolerated."
The National Guard will provide security at command posts, fire stations and other government buildings to leave local officers free to attend to regular service calls, St. Louis Police Chief Sam Dotson said.
The order comes as the area waits to learn whether a St. Louis grand jury will indict officer Darren Wilson, 28, in the shooting death of Michael Brown, 18, an African American. Police, city officials, schools, businesses and protesters have been meeting daily in an effort to avert repetition of the chaos that immediately followed the Aug. 9 shooting, when protesters clashed, sometimes violently, with police.
The grand jury convened Aug. 20 to hear evidence in the case. At issue is how Brown died. Police say Brown struggled with Wilson inside his police car, then reached for Wilson's weapon. Brown's family and some witnesses say Wilson killed Brown as he raised his hands in surrender.
A look back at the ongoing unrest in Ferguson, Missouri, since the death of Michael Brown. The unarmed black teen was shot and killed by a white police officer. Video shot by KSDK. VPC
"Regardless of the outcomes of the federal and state criminal investigations, there is the possibility of expanded unrest," the order said. "Our citizens and businesses must be protected from violence and damage."
Randy Reep, a criminal defense attorney and former prosecutor in Florida, said the governor's actions show that he may know already what the grand jury has decided.
"It would indicate to me that the governor has knowledge that the grand jury has come back with a 'no bill,' which means they are not going to indict the officer," he said. "There is unlikely to be riots if they indict the officer. But there certainly is going to be unrest, like we saw in months previous, if the grand jury comes back and says we are not going to indict."
Reep added that he wouldn't see it as a violation of state law if Nixon knew before the public whether Wilson would be charged or not. Instead, he said it would be judicious to let authorities and the governor know in advance so they could prepare.
However, some like DeRay Mckesson, one of the most visible protesters in support of Brown's family, thinks Nixon is overacting to what have largely been peaceful protests.
"Gov. Nixon has shown that the police prepare for the assembly of black bodies as if they are preparing for war," Mckesson, 29, of Minneapolis, Minn., said. "I think it's an incredible overreaction to unrest that hasn't occurred. There is no need for a state of emergency right now."
This is the second time Nixon ordered a state of emergency relating to Brown's shooting. This summer, Nixon declared the status, instituted a curfew and later called in the National Guard as demonstrators overran Ferguson.
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SOURCES: Census Bureau; Federal Bureau of Investigation's Supplemental Homicide Report
Paul Overberg, Meghan Hoyer, Julie Snider and Janet Loehrke, USA TODAY
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