AMC Developing Series Based On Black Lives Matter Book ‘They Can’t Kill Us All’

AMC has put in development a drama based on Wesley Lowery’s bestselling nonfiction book They Can’t Kill Us All: Ferguson, Baltimore, and a New Era in America’s Racial Justice. It comes from Brad Weston’s Makeready and writer LaToya Morgan (Into the Badlands, Turn: Washington’s Spies).

Published in 2016 by Little, Brown & Company, the book was acquired by Makeready last fall. It examines how decades of racially biased policing in segregated neighborhoods with failing schools, crumbling infrastructure and too few jobs has led to the high-profile cases of police brutality in Ferguson, Cleveland, Baltimore and elsewhere and the birth of Black Lives Matter movement seeking justice for the deaths of Michael Brown, Tamir Rice and Freddie Gray.

Written by Morgan, who is under an overall deal at AMC, the potential series also will reflect current events and race relations through the stories and voices of fictional characters. Morgan will executive produce with Makeready founder and CEO Weston and creative heads Pam Abdy and Scott Nemes.

Lowery, a reporter at The Washington Post, was a lead on the paper’s “Fatal Force” project, a database that tracked 990 police shootings in 2015. The project won the Pulitzer Prize for National Reporting in 2016.

They Can’t Kill Us All joins the growing development slate of Makeready’s television division, headed by Nemes, which funds development and can deficit finance series, with Entertainment One handling international distribution. The slate also includes a series adaptation of Rocket Men, Robert Kurson’s upcoming book about the Apollo 8 odyssey; the Untitled David James Kelly project, with Leonardo DiCaprio and Jennifer Davisson’s Appian Way; Old City Blues, by screenwriter Arash Amel, based on the Boom graphic novel; Catching Out, from writer/executive producer Amy Harris and executive producer Chloe Grace Moretz; and the Jonás Cuarón-written drama Undocumented America, based on manuscript by journalist and DACA recipient Karla Cornejo Villavicencio about undocumented immigrants across America.

“Hands up! Don’t shoot!” never happened.

TWENTY-FIVE TOP QUOTES FROM THE DOJ REPORT ON THE MICHAEL BROWN SHOOTING

http://www.justice.gov/sites/default/files/opa/press-releases/attachments/2015/03/04/doj_report_on_shooting_of_michael_brown_1.pdf

(If above link does not work Google “DOJ Report on Shooting of Michael Brown PDF” for official DOJ report.)

[01] The evidence, when viewed as a whole, does not support the conclusion that Wilson’s uses of deadly force were “objectively unreasonable” under the Supreme Court’s definition. (Page 5)

[02] when the store clerk tried to stop Brown, Brown used his physical size to stand over him and forcefully shove him away. (Page 6)

[03] Wilson was aware of the theft and had a description of the suspects as he encountered Brown and Witness 101. (Page 6)

[04] Autopsy results and bullet trajectory, skin from Brown’s palm on the outside of the SUV door as well as Brown’s DNA on the inside of the driver’s door corroborate Wilson’s account that during the struggle, Brown used his right hand to grab and attempt to control Wilson’s gun. (Page 6)

[05] there is no credible evidence to disprove Wilson’s account of what occurred inside the SUV. (Page 7)

[06] autopsy results confirm that Wilson did not shoot Brown in the back as he was running away because there were no entrance wounds to Brown’s back. (Page 7)

[07] witnesses who originally stated Brown had his hands up in surrender recanted their original accounts (Page 8)

[08] several witnesses stated that Brown appeared to pose a physical threat to Wilson as he moved toward Wilson. (Page 8)

[09] The physical evidence also establishes that Brown moved forward toward Wilson after he turned around to face him. The physical evidence is corroborated by multiple eyewitnesses. (Page 10)

[10] evidence does not establish that it was unreasonable for Wilson to perceive Brown as a threat while Brown was punching and grabbing him in the SUV and attempting to take his gun. (Page 11)

[11] Wilson’s account is corroborated by physical evidence and that his perception of a threat posed by Brown is corroborated by other eyewitnesses (Page 12)

[12] Wilson’s account was consistent with those results, and consistent with the accounts of other independent eyewitnesses, whose accounts were also consistent with the physical evidence. Wilson’s statements were consistent with each other in all material ways, and would not be subject to effective impeachment for inconsistencies or deviation from the physical evidence.8 Therefore, in analyzing all of the evidence, federal prosecutors found Wilson’s account to be credible. (Page 16)

[13] Witness accounts suggesting that Brown was standing still with his hands raised in an unambiguous signal of surrender when Wilson shot Brown are inconsistent with the physical evidence, are otherwise not credible because of internal inconsistencies, or are not credible because of inconsistencies with other credible evidence. (Page 78)

[14] Multiple credible witnesses corroborate virtually every material aspect of Wilson’s account and are consistent with the physical evidence. (Page 78)

[15] several of these witnesses stated that they would have felt threatened by Brown and would have responded in the same way Wilson did. (Page 82)

[16] there are no witnesses who could testify credibly that Wilson shot Brown while Brown was clearly attempting to surrender. (Page 83)

[17] There is no witness who has stated that Brown had his hands up in surrender whose statement is otherwise consistent with the physical evidence. (Page 83)

[18] The media has widely reported that there is witness testimony that Brown said “don’t shoot” as he held his hands above his head. In fact, our investigation did not reveal any eyewitness who stated that Brown said “don’t shoot.” (Page 83)

[19] Wilson did not know that Brown was not armed at the time he shot him, and had reason to suspect that he might be when Brown reached into the waistband of his pants as he advanced toward Wilson. (Page 84)

[20] Wilson did not have time to determine whether Brown had a gun and was not required to risk being shot himself in order to make a more definitive assessment.

[21] In addition, even assuming that Wilson definitively knew that Brown was not armed, Wilson was aware that Brown had already assaulted him once and attempted to gain control of his gun. (Page 85)

[22] Wilson has a strong argument that he was justified in firing his weapon at Brown as he continued to advance toward him and refuse commands to stop, and the law does not require Wilson to wait until Brown was close enough to physically assault Wilson. (Page 85)

[23] we must avoid substituting our personal notions of proper police procedure for the instantaneous decision of the officer at the scene. We must never allow the theoretical, sanitized world of our imagination to replace the dangerous and complex world that policemen face every day.” (Page 85)

[24] “It may appear, in the calm aftermath, that an officer could have taken a different course, but we do not hold the police to such a demanding standard.” (citing Gardner v. Buerger, 82 F.3d 248, 251 (8th Cir. 1996) (same))). Rather, where, as here, an officer points his gun at a suspect to halt his advance, that suspect should be on notice that “escalation of the situation would result in the use of the firearm.” Estate of Morgan at 498. An officer is permitted to continue firing until the threat is neutralized. See Plumhoff v. Rickard, 134 S.Ct. 2012, 2022 (2014) (“Officers need not stop shooting until the threat has ended”). For all of the reasons stated, Wilson’s conduct in shooting Brown as he advanced on Wilson, and until he fell to the ground, was not objectively unreasonable and thus not a violation of 18 U.S.C. § 242. (Page 85)

[25] Given that Wilson’s account is corroborated by physical evidence and that his perception of a threat posed by Brown is corroborated by other eyewitnesses, to include aspects of the testimony of Witness 101, there is no credible evidence that Wilson willfully shot Brown as he was attempting to surrender or was otherwise not posing a threat. (Page 86)

For the reasons set forth above, this matter lacks prosecutive merit and should be closed.

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