Justice Denied? Unpacking the Del City Shooting
By Darius Spearman (africanelements)
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The Del City Shooting
Demetrize Carter, a 45-year-old Black man, has filed a federal lawsuit against Del City police officer Shawn Hogue, alleging he was shot in the chest with his hands raised during a high school football game (The Oklahoman). Carter claims Officer Hogue harbored “racial implicit biases, prejudices, and racial discrimination towards African American individuals” and held personal animosity against him (atlantablackstar.com). The lawsuit states that Hogue was familiar with Carter from previous encounters and had a negative impression of him (The Oklahoman). Carter’s attorney, Billy Clark, asserts that Hogue’s use of deadly force against a non-confrontational individual was excessive and violated Carter’s Fourth Amendment rights (The Oklahoman).
Timeline of Key Events
The shooting occurred on August 25, 2023, during a high school football game at Choctaw Yellowjackets Stadium, amidst a chaotic scene involving gunshots (The Oklahoman). A 16-year-old Black boy, Cordae Carter, who is not related to Demetrize Carter, was killed in the shooting (The Oklahoman). A 15-year-old Black boy, Davyion Hamilton, was initially arrested for murder, but the charges were dismissed in January 2024 after a witness recanted their statement (The Oklahoman). No arrests have been made since that time (The Oklahoman).
Legal Ramifications
Janea Wright, Cordae Carter’s mother, has filed a separate lawsuit against the Choctaw-Nicoma School District and the cities of Choctaw and Del City, alleging negligence and failure to provide adequate security (The Oklahoman). Wright’s lawsuit claims that Demetrize Carter was shot while attempting to render aid to her son, Cordae, who had been shot by other juveniles (The Oklahoman). According to Wright’s lawsuit, Demetrize Carter had his hands in the air and informed officers he was not involved in the shooting, but Officer Hogue still fired, striking him in the chest (The Oklahoman). Wright’s lawsuit also states that Hogue and other officers did not stop to render aid to Demetrize Carter after he was shot, but continued to search for the shooter(s) (The Oklahoman).
Key Legal Terms in the Lawsuit
Unconscious attitudes or stereotypes that affect our understanding, actions, and decisions towards individuals based on race. These biases can influence policing, leading to disproportionate outcomes for certain racial groups.
Protects individuals from unreasonable searches and seizures by the government. In this case, it refers to the allegation that the shooting of Demetrize Carter was an unjustified “unreasonable seizure” of his person.
Ensures due process and equal protection under the law for all citizens. The lawsuit likely argues that Demetrize Carter was deprived of his rights without due process and faced discrimination.
The use of more force than is reasonably necessary by law enforcement officers. The lawsuit claims the shooting of Demetrize Carter, an unarmed individual, constituted excessive force.
Non-monetary remedies sought in a lawsuit, such as injunctions or specific performance, aimed at preventing future harm or compelling certain actions.
A legal term under the Fourth Amendment, meaning a government action that restricts a person's liberty without proper justification or probable cause.
The lawsuit filed against Del City Police and the Choctaw-Nicoma Park School District includes claims of Fourth Amendment violations (okcfox.com). The core of the Fourth Amendment claim in this case is that the officer’s shooting of Demetrize Carter, who was unarmed and had his hands raised, constituted an “unreasonable seizure” (okcfox.com). The Fourteenth Amendment is also central to the lawsuit, particularly its Due Process and Equal Protection clauses (okcfox.com). The lawsuit likely argues that Demetrize Carter was deprived of his life, liberty, or property without due process of law, and that he was denied equal protection under the law, possibly due to racial discrimination (atlantablackstar.com).
Transparency Issues
There has been a lack of transparency regarding the release of body camera footage from the incident (The Oklahoman). Police initially refused to release the footage, citing an ongoing investigation (The Oklahoman). Despite Officer Hogue being cleared of wrongdoing by an Oklahoma County grand jury in April 2024, neither the Del City Police Department nor the Oklahoma County district attorney has released the videos (The Oklahoman). Body camera footage is crucial for police accountability as it provides an objective record of interactions between officers and the public (atlantablackstar.com). Its release is critical for transparency, allowing the public to assess the events and the actions of officers (atlantablackstar.com). In this case, the refusal to release the footage despite a grand jury decision has raised questions about transparency (atlantablackstar.com).
Hogue’s attorney, Gary James, stated that the grand jury viewed the video and believed Demetrize Carter was likely holding a gun, and that he “didn’t comply” (The Oklahoman). James also claimed that the video shows Carter throwing a gun backward under a police unit after falling (The Oklahoman). Police reported recovering two guns and eight rounds at the scene but have not specified their location or if one was held by Demetrize Carter (The Oklahoman). Clark, Demetrize Carter’s attorney, argues that the refusal to release the body camera videos indicates a lack of transparency and expects them to be released during discovery in the lawsuit (The Oklahoman).
This timeline chart illustrates the sequence of key events related to the Demetrize Carter shooting and subsequent legal actions.
ABOUT THE AUTHOR
Darius Spearman has been a professor of Black Studies at San Diego City College since 2007. He is the author of several books, including Between The Color Lines: A History of African Americans on the California Frontier Through 1890. You can visit Darius online at africanelements.org.
