Vivian Strong
The daughter of James and Kasie Strong, Vivian was born on December 24, 1954, inShooting
On June 24, 1969, no more than nine teenagers gathered, played music, and danced at a party hosted in a vacant apartment in the Logan Fontenelle Housing Project. Following a call to police about a suspected robbery, two officers arrived, and the teenagers fled out of the back door. James Loder—the white officer of the two—shot into the fleeing group without warning, which struck the then 14-year old Strong in the back of the head, killing her. Both James W. Smith—Loder's African American partner—and Strong's sister, Carol, asked Loder, "Why did you shoot her?", but he did not reply. In the first news article about the incident, which appeared on the cover of the Omaha World Herald on June 25, 19-year old Linda Bradley, Strong's babysitter at the time, said, "We were playing records in the alley. We do it all the time. I even went around to the neighbors to see that it would be alright." She said when the police arrived they "went to see what was going on," and she concluded by saying Loder "shot her right in the head. He didn't holler, or shoot in the air or anything. There was only one shot."Community response
Unrest followed for three days in Omaha's Northeast neighborhood, resulting in 88 injuries and over one million dollars in property damage and making national headlines. In just those three days, fifty-six arrests were made, all of them being African-Americans. During the riots, the Black Panthers, armed with weapons, protected Black churches and the local Black newspaper, the ''Funeral
Strong was buried at Mount Hope Cemetery in Omaha, Nebraska. Reverend General R. Woods, president of the Coordinating Committee for the Civil Liberties in Omaha, spoke at the funeral and said the death of Strong was due to "the actions as well as the inactions of the police, the city council, members of the legislature and citizens of Nebrakska." Nebraska state senator Edward Danner said, "I feel ashamed to stand here today because I tried so hard in my legislative efforts." Senator Danner had tried to persuade the legislature to pass an amendment that would have made police more responsible for their actions.Legal proceedings
Initially, Police Chief Richard R. Anderson indicated Loder would be suspended for 15 days and then fired. Loder was released from jail on a $500 bond, and Local 531 of the AFL-CIO Employees Union contributed at least $3,000 to Loder's defense. He entered a plea of "not guilty" to the charge of manslaughter. In the time period between the shooting and court case, Loder sought reinstatement by the City Personnel Board, but the board chose to withhold action pending the outcome of the criminal case.Preliminary hearing
Since officials banned all statements following the shooting, it was not until the preliminary hearing that the public heard Loder's version of what happened. Loder's statement, taken three hours after the shooting, was read in court, saying, "If I had known it was a female, I wouldn't have fired the shot." Loder claimed he called out three times to the fleeing person, "Stop or I'll shoot." During his testimony, Officer Smith said, "I believe Officer Loder said something like 'halt' or 'stop'." On the second day of the preliminary hearing, the defense raised two motions to dismiss charges against Officer Loder, though these were rejected. On that same day, the judge commented from the bench to clarify that entering the vacant apartment at 1701 North 21st Avenue Plaza, a vacant apartment, was not a felony because it had not been established whether the front or back doors were locked. A total of 21 witnesses were called by the state during the preliminary hearing. Two witnesses, ages 12 and 24, were dismissed when they started "sobbing" while testifying. Judge Simon A. Simon presided over the hearing, the county attorney was Donald Knowles, and the defense attorneys were Joseph J. Vance and Paul Watts. Loder was ordered to stand trial for manslaughter in Douglas County District Court after a four-day preliminary hearing. After announcing his decision, Judge Simon said, "After we adjourn and everybody clears this courtroom, I don't want anything done or said that will offend the defendant or any police officer. I don't want any arguments or remarks made to provoke an argument in the courtroom or in the halls of the third floor of City Hall." Afterward, in an interview, Judge Simon said he relied heavily upon a 1929 Nebraska Supreme Court decision in the case of ''Broquet vs. The State of Nebraska''. In that case, the Supreme Court asked the jury to consider, "A police officer, in arresting one who is guilty of a misdemeanor, may use such force as, to an ordinarily prudent person, appears reasonably necessary under the circumstances, even to the taking of life; but, if the officer slay the offender while effecting his arrest, the question as to whether he used more force than was, under the circumstances, reasonably necessary."Trial
James Loder's trial for manslaughter began on Monday, March 9, 1970 with District Court Judge Lawrence C. Krell. The defense lawyers were Joseph J. Vance and Paul Watts. The county attorney was Donald Knowles and the deputy attorney was Lawrence Corrigan. Loder faced a possible prison sentence of one to ten years. 32-witnesses were called to testify by the state. During opening remarks, Corrigan said the original call made to police mentioned "juveniles breaking in." He said that when Loder chased Strong, there were "children all over", but that Loder had not called for the fleeing person to halt. But for the defense, Watts argued that there was no mention of juveniles in the original call to Car 206, but instead, "parties breaking in now," and that Loder had indeed called out a command to halt three times before firing. He also noted Loder's more than ten years of experience with the police and military. His partner, Smith, testified that he heard Loder shout, "'Hey halt, stop' or something like that", while all other witnesses said Loder gave no warning. One witness stated that when Loder pulled his gun, one child playing in the area shouted, "Don't shoot her mister!" Loder and his partner both testified that the call to Car 206 said, "parties are breaking in." But radio dispatchers had said—as recordings of the calls proved—"juveniles breaking in." On Thursday, March 12, Sheriff Janing of Douglas County was visited by FBI agents in his office, saying that the agents expressed concern about out-of-town Black "militants" in Omaha, possibly to "exploit the Loder case". Also on the fourth day, Lew Davis, a member of the National Committee to Combat Fascism, read a statement in the courthouse lobby: "Black people have gathered here at the courthouse for the trial of James Loder to show that we are dissatisfied with the way that the Loder case is being dealt with. Namely, that the prosecution and the defense lawyers are cooperating very clearly in an attempt to get Loder acquitted." Early on the fifth day, a telephoned bomb threat shut down the courtroom, but following a search, nothing was found. Afterward, one member of the jury was dismissed and replaced, and the state rested its case. The defense attorney asked that the trial be dismissed because the "state had failed to prove its case"; Judge Krell took it under advisement. In rebuttal, county attorney Knowles argued that if Strong committed any crime prior to Loder's arrival—such as her entry in the apartment—it was a misdemeanor and did not call for the use of force.Loder testimony
Loder testified on the sixth day of the trial, Monday, March 16, on the stand for approximately an hour. After receiving a dispatch to investigate a break-in, Loder said that he and his partner drove quickly without sirens or lights to the location, about ten blocks away. The area was dimly lit and his partner, Smith, was arresting one young person while Loder ran into a playground area to the south, in which he heard a thump and turned around. There, he saw someone haunched over, outside a window. He pursued the person around a corner and through a backyard area, shouting (according to Loder) three times for the fleeing person to halt, or he would shoot. "I drew my weapon, I fired one shot," he said. Apparently afraid the person was getting away, he testified that he needed to shoot. On the stand he denied testimony from other witnesses that he had kicked Strong's body to turn her over. Instead, he said he lifted her arm to turn her partway over, to look for a wound, but did not find one.Verdict
On March 17, 1970, after approximately 12 hours of deliberation, an all-white jury of six men and six women acquitted James Loder of manslaughter. One juror said, "It was one of the hardest decisions I ever had to make. I felt that if you don't give police the authority to act we are just not going to have any law and order at all." Of the acquittal, Strong's mother said,James Loder after the verdict
Loder returned to the police force, where he served for two more years. The Omaha World Herald published an editorial on 2 April 1970, that disagreed with the decision to reinstate Loder to the police force, After serving at a desk job for many months, on February 1, 1971, Loder was assigned to a patrol cruiser from 6 to 2 in a police district that included Near North Omaha, the location of Strong's shooting. The reassignment was made public, and complaints were made to the mayor of Omaha and governor of Nebraska, and Loder was subsequently assigned to patrol the west side of Omaha. On Monday 29 November 1971, Loder was fired by police Chief Richard Andersen for a series of rule infractions, including failure to appear in court to testify as a city witness, misuse of police radio, insubordination to a sergeant, and failure to pass uniform inspection. Loder was the estranged natural son of Hollywood actressAftermath
Strong's parents were divorced at the time of the shooting. During the unrest, her father, James Strong, said, One of Strong's younger sisters, Carol, was with her when she was killed; Carol did not receive any counseling afterward. Her mother had a nervous breakdown, and Carol subsequently took over the care of her younger brothers and sisters. In March 1970, approximately nine months after the deadly shooting, Strong's mother, Kasie Strong, sued James Loder for $75,000 in district court for future loss of "earnings, support, and service". Strong's 17 year-old brother, Orlando, was fined $100 and sentenced to 90 days in jail after throwing a rock toward a police cruiser on April 10, 1970, less than a month after the Strong verdict. Later the same year, on 25 October 1970, Orlando published a poem about the shooting of his sister in the classified newspaper section of the '' Omaha World Herald''. The poem ends with the four lines :He could have fired a warning shot :as he gunned her down in a very small lot. :What a price for suspicion of burglary :and Loder walked away – scott free.Legacy
Vivian Strong Memorial Liberation School
The summer of Strong's death, the Black Panther Party (BPP) established the Vivian Strong Memorial Liberation School. The BPP established Liberation Schools in several US cities. The school in Omaha may have operated for only a week before it closed down.Theater
Sometime between 1969 and 1972, the Afro Academy of Dramatic Arts in Omaha presented a play written by Reverend Darryl Eure comparing the killing of Strong to Emmett Till. Since then, two plays have been produced about Strong. Monica Bauer's 2019 play, ''Vivian's Music: 1969'', imagines the last days of her life; it won an award at the Edinburgh Fringe Festival and was producedReferences
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