Claim: Jacob Blake had a warrant for sexual assault and prior
convictions for gun use. When Kenosha, Wisconsin, police shot a
Black man in the back seven times, it launched a now
all-too-familiar avalanche of reaction.
Protests.
Property damage.
And an online rush to judgment fueled by each poster’s
preexisting position on social justice and the Black Lives Matter
movement.
Police shot Jacob Blake, 29, on Aug. 23 as he attempted to get
into a small SUV with his three sons inside while officers aimed
guns at him, according to officials and a bystander’s video of the
incident that has been virally shared. Blake survived, but his
family’s attorney said he is paralyzed from the waist down.
There are more questions than answers about what happened before
the video was taken. Some of that may not be known for months,
until an outside review by the state Department of Justice is
completed.
More:Kenosha shooting: City turns to cleanup, prayers; Jacob
Blake’s attorneys urge authorities to protect protesters from
‘vigilantes’
But we can address Blake’s background, which many on social
media have used to suggest as evidence that he is to blame for what
happened.
An Aug. 24, a Facebook post shared thousands of times asserts
Blake “had an active warrant for domestic violence and sexual
assault” and “has prior criminal convictions for illegal gun
use.”
Such allegations are a common and patently unfair response to
tragic events that need to be corrected, said Daniel Medwed,
professor of law and criminal justice at Northeastern University
School of Law.
More:Fact check: Jacob Blake did not ‘brandish’ knife, get gun
before Kenosha police shooting
Attacks on a victim’s actions and background can impact both the
court of public opinion and the ensuing criminal court actions, he
said.
“You’re fighting in two different courts basically with a
high-profile case, and victim-blaming can ‘help’ with both,” Medwed
said. “The narrative seems to always be about the danger posed by
the victim, to basically create a sentiment that police were in
danger. … The implication from that is that because there’s
something bad about their character they somehow deserved what they
got, which is patently absurd and absolutely disgusting.”
Jacob Blake, a 29-year-old Black man, was shot by
Kenosha, Wisconsin, police on August 19. Here’s a detailed timeline
of events. Here’s what we know about Blake’s past contact
with law enforcement.
One open case had warrants The first part of this claim is
largely accurate.
Blake was charged July 6 with felony third-degree sexual assault
and misdemeanor trespassing and disorderly conduct. All three
offenses carried a penalty enhancer because they were connected to
domestic abuse.
The charges — which have not gone to trial — stem from a May 3
incident in Kenosha County. A woman Blake knew told police he came
into her house about 6 a.m., sexually assaulted her and then took a
debit card and car keys before fleeing in her vehicle, according to
a criminal complaint. Contrary to many social media claims, the
woman involved in this case was an adult.
A warrant for Blake’s arrest was filed the day after the
criminal complaint, online court records show.
Police radio traffic explains officers were dispatched for
“family trouble,” and a dispatcher named Blake as taking the
caller’s keys and refusing to give them back. A dispatcher used the
police code 10-99 while sending officers, alerting them to Blake’s
warrant.
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More:Jacob Blake was shot less than 3 minutes after Wisconsin
police arrived at the scene, according to dispatch audio
Charges, but no conviction for gun use
The second element of the claim is wrong. Blake was charged
with a gun-related offense in 2015, but he was not
convicted.
The Facebook post offered as proof a Sept. 22, 2015, article
from the Racine County Eye website. It described charges being
filed, but did not reference a conviction.
Our review of court records shows a confrontation at a
Racine County, Wisconsin, bar led to a combative traffic stop and a
total of five criminal charges in September 2015, including
resisting an officer, disorderly conduct and three gun-related
ones.
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can shortage may be behind lack of supply But those charges were
later dismissed on a motion from prosecutors, said Racine County
Clerk of Circuit Court Samuel Christensen. The court file said it
was dismissed in February 2018 “due to witness issues and age of
case.”
After this fact-check published, the Facebook page that posted
the claim edited the post to note the error and correct the
reference to a conviction.
Since more than two years has passed since the case was
dismissed, it is no longer visible via online court records, per a
Wisconsin Supreme Court rule.
Our ruling: Partly false We rate this claim PARTLY FALSE
based on our research. It is true that Blake did have an active
warrant for sexual assault and several other crimes related to
domestic violence at the time he was shot. But Blake not convicted
of any prior gun offenses. Charges filed in 2015 were ultimately
dismissed at the request of prosecutors.
Our fact-check sources Facebook post, Aug. 24
Wisconsin Circuit Court Access, Kenosha County Case 2020CF736,
filed July 6, Email exchange with Sam Christenson, Racine County
clerk of circuit court, Aug. 25-26 Criminal complaint, Racine
County case 2015CF1391, filed Sept. 21 Criminal complaint, Racine
County case 2016CF990, filed June 20 Criminal complaint, Kenosha
County case 2020CF736, filed July 6 Racine County Eye, Sept. 22,
2015,Police: K9 Dozer Helps Subdue Man Who Pulled Gun at Bar
Milwaukee Journal Sentinel, Aug. 25, Jacob Blake was shot less than
3 minutes after Wisconsin police arrived at the scene, according to
dispatch audio Wisconsin Circuit Court Access, accessed Aug. 26,
Frequently Asked Questions Email exchange with James Palmer,
executive director, Wisconsin Professional Police Association, Aug.
25 Interview with Daniel Meded, professor of law and criminal
justice at Northeastern University School of Law, Aug. 27