Cops&Lawyers

Make Memorial Day special -- seek out veterans.

2010-05-28T09:06:00.001-04:00

Its Memorial Day weekend. Fun, sun, BBQ's, golf and the end of the school season. All great ways to celebrate. But, lets not forget the real meaning and purpose of the holiday.

Look for, be aware of, and seek out veterans and their families. If a car at the gas pump has a veteran sticker or plate, thank the driver. If you see a soldier, airman, marine or swabby in uniform at a restaurant, offer to pay their meal or pick up the tip. Visit elderly veterans in your neighborhood and cut the grass or offer a cold one.

Likewise, do the same for veteran's families.

Thank you to all who have served, continue to serve, and gave the ultimate sacrifice.

Tom Sullivan

Support OHPD Sunday

2010-05-22T11:48:00.003-04:00

A group of biker are holding a ride and rally at city hall Sunday to show solidarity for Mike McClosky. If you encounter them please follow the law and ideal of courtesy and decency.

However, wear your OH colors stand along Indian Road to show your support. Make the bike ride a positive experience. Attending at Village Hall will not help the PD. So show your support elswhere in the village.

Regardless of your beliefs about the McClosky shooting, our villiage and Police Dept. deserve our support.

Thank you.

Tom Sullivan.

OHPD Video Released.

2010-05-12T14:33:00.001-04:00

I posted quite a bit about this case when it happened, cautioning everyone to save judgment until the facts were known.

The video is very damning. Ofc. White is in serious legal trouble, criminal and civil. I can't speak to his mindset, but, I think its likely he made the CARDINAL MISTAKE of putting his finger on the trigger when he should not (rule #2), and had a negligent discharge.

Thus, he may escape an aggravated assault conviction, with a reduction to some reckless or negligent level, but his civil case is going to be an uphill battle towards settlement.

A tragedy for all.

TAHL

Cuts and Concessions before Police Layoffs

2010-03-19T14:50:00.000-04:00

Every city employee should pay their own retirement contribution with the city's matching capped at 5%.

Every city employee should pay 20% if their health care premium, with standard deductibles and co-pays.

Every city position possible should be eliminated before a single police officer is layed off, even if the Mayor has to answer his own phone.

If contracts are preventing this from happening, then the City should declare insolvency, go into receivership, and let a state trustee determine new contracts, benefits and wages.

We Are The World Foundation

2010-02-14T08:07:00.001-05:00

Settlment in Lima Shooting case Does Not Equal Guilt

2010-01-01T10:19:00.003-05:00

It has been announced that the City of Lima's insurer has agreed to settlement with the estate of Tarika Wilson, the woman shot and killed during a drug raid last year. According to GCJ, citing the Lima paper, the settlement was agreed to by the insurer, OVER THE OBJECTION OF THE CITY.

The local NAACP is already claiming settlement proves guilt, because, in their view, no person would settle a case if they were guilty. First, civil law is about liability not guilt, with a much lower level of proof needed to find negligence. Second, the insurer - holding a non-consent policy- did not need the City or Sgt. Chavalia's consent, and made the decision to settle on its own. Insurance companies are doing business. It simply calculated the cost of defense, the risk of losing in front of a Lima jury, and the potential verdict at trial, and settled.

Nothing in the settlement equates to GUILT. It is simply a risk decision by insurance company representatives.

Regardless of the responsibility held by Ms. Wilson, or the drug dealing boyfriend, her children will have a nest egg - a huge nest egg - to survive on. Let's hope it is not waisted by well meaning family.

TAHL

Drunk, Doped........and Deadly Force.

2009-12-29T08:28:00.004-05:00

From the title you may think this post is an attack on TPD officers who have been involved in recent deadly force shootings such as the incident with Linda Hicks, the 64 year old, African American, armed, schizophrenic who was shot and killed last week. It is not.

Ms. Hicks was was a mentally unstable, armed threat to herself, her housemates, and the officers who responded. Had TPD officers not done anything, and she had hurt someone else or herself, they would have been derelict in their duty. From what I have read the officers used the force continuum appropriately when verbal commands, and the taser were ineffective. Any person who calls for non-deadly response to a citizen armed with a knife or other sharp weapon (in this case scissors), does not understand the dynamics of armed conflict; such weapons are deadly weapons. Officers are not - and should not- be trained to meet deadly force resistance with non-deadly force.

HOWEVER, this post is not a TPD cheering session either. Recently we learned that TPD officers who were intoxicated on duty and tested positive for marijuana use, will be suspended, not fired. This is a travesty. Police must be held to a higher standard when their profession is enforcing the law. Had I reported for duty drunk, EVER, I would have been summarily fired on the spot -- and rightfully so.

This is the result and example of the damage unions can do to a modern work force, community, and economy. The union in fact decried the 90 day suspensions as overbearing and overreaction. WHAT??!!! With a straight face the men and women who represent the TPD officer's union claim that drunk cops on duty who get suspended are being treated too harshly. Their hypocrisy is self explanatory.

The TPD has to fight a constant PR battle, doing the right thing under immeasurably difficult situations, while being constantly examined and second guessed by the citizenry. Their effectiveness is only undermined further when misconduct of this type is allowed to continue. For the hundreds of well trained, professional, dedicated officers on the TPD who don't deserve the attacks they receive, these four have made their jobs and safety much more tenuous.

Be safe.

TAHL

Animal House Rescue Charity Event -- Sunday July 26th

2009-07-21T16:26:00.002-04:00

ANIMAL HOUSE RESCUE CHARITY EVENT

BIG DOG WALKJuly 26, 2009Walk:9 A.M. - 11 A.M.Secor Room Activities: 10 a.m. - 2 p.m.

Secor Metro Park http://www.metroparkstoledo.com/metroparks/maps/
Register and donate on-line, or in person with cash at any AHR adoption
http://www.ahrescue.org/

Short Walk: Woodland Pond Trail, 0.3 mile Long Walk: Swamp Forrest Trail, 1.2 miles

Grand Prize Raffle: $250.00 Visa Cash Card: Need not be present to win.Silent Auction in Secor Room 11 a.m. - 12:45 p.m. (bidding ends at 12:30 p.m.)Raffle Drawing at 1 p.m. in Secor Room

Adoptions in Secor Room11:00 p.m.- 2:00 p.m. Entertainment, food, beverages, variety of specialty vendors, samples, games, prizes, and more……

$20.00 registration donation includes t-shirt, water bottle, samples, and coupons Pre-registeredWalkers check-in between 9 & 10:30 a.m. Sunday Morning. Official start 9:30 a.m.*

Follow the AHR BIG DOG WALK SIGNS*Register at any adoption event Saturday, July, 18th at Anderson’s, 503 Illinois Ave., Maumee, Ohio, between Noon and 3 p.m. or; Saturday July 25th, at PetCo on Monroe Street between Noon and 3 p.m. $25.00

Same Day Registration Donation 9 a.m. - 11 a.m. in the Secor Room.Additional t-shirts available for $10.00 donation on event day.

To register and pay online, go to http://www.ahrescue.org/.Click on the link for Walk Registration, fill out and submit the form.Then click on the PayPal link to pay your $20.00 Registration Donation.

For details or space rental: ahrdogsncats@yahoo.com***25 Free AVID micro-chips, available to registered walkers at 9:00 a.m.*** Reduced Cost Shot Clinic 10:00 a.m. - 2 p.m.***Restrictions apply. See website for details***

CopArazzi

2009-06-26T08:56:00.003-04:00

Yes, the paparazzi have the right to take photos of celebrities in PUBLIC, but none of us support or condone their METHODS.

Yes, police have a DUTY to keep our streets safe, but, red light cameras are not the proper METHOD.

They have become the CopArazzi, lost is the spirit and intent of their job and purpose. Lost to the all mighty dollar. The perfect analogy.

IN FULL DISCLOSURE - I heard this term on Bob and Tom today, from comedian Augie Smith.

TAHL

I want to live in a community.................

2009-06-01T22:36:00.002-04:00

Where the police know the residents, including the kids, by name; and watch, investigate, inquire, or contact strangers at night or if they suspect wrongdoing.

Where the police aggressively enforce traffic laws so its safe for me and my kids to drive, ride or walk on the sidewalk and streets on the way to the park; and where the community benefits from the investigations that start as traffic stops.

Where drunk, reckless, negligent, unsafe drivers know they should avoid my community because there is a higher risk the police are being vigilant and the chance of being discovered and prosecuted is real; so they choose to drive around my community.

All these things most every honest person would admit they too would like in their community. Yet they are the things being used to attack the Ottawa Hills PD in the wake of a shooting incident following a felony chase, in which a motorcycle rider may have become paralyzed.

I remain proud to live in a clean, safe, well maintained, lighted, diverse community with a pro-active police force. I thank them for their service every chance I get.

TAHL

Support our Cops -- Wait for the facts.

2009-05-24T09:58:00.004-04:00

Standing in the street as cars go buy can get you killed. Thats called a traffic stop - the most dangerous activity a police officer does.

Driving fast on side streets in a 3000 pound car can get you killed. Its what cops do every day.

Confronting people who are drug crazed, angry, intoxicated or just simply bad people can get you killed. Its what cops do every day.

So before we race to judgment about the shooting of a suspect by Ottawa Hills police, the community I live in, and officers I know; lets wait to find out the facts. Recognize and revere their sacrafices, and wait to pass judgment in haste.
TAHL

Cops Subdue Young Teen

2009-05-17T15:20:00.009-04:00

Fox news showed a story recently about the arrest of a 14 year old African American boy, which unfortunately lead to a physical confrontation between the officers and the young man.

www.foxtoledo.com/dpp/news/local/wupw_caught_on_tape_family_wants_justice_sharia_davis_may_2009

As stated by the reporter, we don't know all the facts, or how and why this incident escalated into a physical confrontation. I did notice two aspects of the video which are concerning. I am not a TPD academy graduate, or an OHP graduate. I attended the police academy in another state, however, most PMA tactics (Physical Means of Arrest) are standardized; and choking techniques are not generally taught anymore.

The video shows one officer both choking and smothering (hand over mouth) the subject. This is a problem. Granted, in a struggle technique often gets thrown out the window and in tough struggles at times you have to do what it takes to survive, but as shown the incident does not appear to be at a high enough level to require or justify choking. Chokes are very dangerous, and can lead to terrible, unintended consequences.

I don't have the facts of this incident, but as it developed, there are some problems to be addressed. If TPD teaches or allows chokes, then perhaps this arrest was within policy. The smothering is both dangerous (human bites are very infectious) and unnecessary. While there is rarely a legitimate or smart reason to struggle with police, if the hood was hot enough to burn this young man's face, PERHAPS, it is understandable why he would continue to raise his head off the vehicle.

Regardless, I hope this incident is used in a positive way to address tactics, decision making, and techniques for TPD.

TAHL

Dedicated Toledo Workforce

2009-01-16T09:01:00.004-05:00

Its nice to see that not everyone is using the cold weather as an excuse not to head out to work. While closings are rampantly streaming across the bottom of our TV screens, the thieves of Toledo are hard at work.

My truck was broken into yesterday, during work hours, in the Port Lawrence parking garage downtown. Toledo thieves, undeterred by weather, are out doing their best to stimulate the underbelly of the economy. While I applaud the thief's dedication, I question his/her talent.

First, I drive an old truck. "Old" in this context does not mean "classic" or "vintage," it means crappy. A rusted out 1991 Ford Ranger to be specific. However, because the prior owner was a young kid, it did have a kickin stereo, so the choice was not completely unreasonable.

I must take issue, however, with how this citizen applies his craft. I naively still expect workers to know their trade, study the masters, and apply it with journeyman skill. My thief is either an apprentice, or is resting on his laurels.

Gone are the days when a man took pride in his work, sought excellence, and the results were self evident. My salvage technician obviously has not studied the masters. He surely has not watched: The Heist, Oceans 11, 12, or 13, or The Ref; as he clearly is unaware that the goal is to steal with such precision and finesse that the mark remains unaware that they have been had for days or even weeks.

Clearly, the person who is re-using my stereo did not do their homework. They obviously did not study the dashboard schematics of the Ford Ranger, and must not have called upon a collegue or former UAW Ford plant "source" who could provide them detailed diagrams of the Ford truck interior, thereby allowing him to effortlessly release the dash and remove its contents with speed and minimal effort. My recycler brutishly pried my dash from its moorings, braking it in the process, leaving clear evidence of his presence through tool marks on the trim, and even destroying his tool, lazily leaving it on my floorboard.

Additionally, he lacked the attention to detail and thoroughness required to excel in any profession. He missed several premium CD's affixed to my sun visor, including Botchelli and Dave Mathews, BOTCHELLI FOR GOD'S SAKE! With even a cursory look behind the seat it would have been clear that my speakers were ripe as fresh apples for picking, as I had not actually mounted them and they were simply resting behind the seat held in place by their magnets. Finally, the briefest glance into the glove box (step #3 in "Auto Burglary for Dummies") would have shown the treasure hunter that his new stereo included a REMOTE.

So not everyone is using the weather as a reason to rest at home on the couch watching Regis and Kelly. Some "go getters" are out braving the elements to ply their craft and provide much needed, gently used electronics, to themselves or their pawn dealer. All is not lost, Toledo does have dedicated, hard working, citizens willing to get out there and profit.

TAHL

Toledo Bucks a Trend

2008-12-29T15:47:00.003-05:00

While the national numbers for murder are reportedly down, it seems Toledo is on the Rise!

Two more shootings this weekend in the Toledo area, added to many recent killings in our city. Reports of reduced police recruit classes and nation leading unemployment, bookend the daily accounts of violence and death on our streets. The victims are of all ages, with the two most recent being teenage males. Questions such as where were their parents? why were they out so late? and the myriad of excuses and rationalizations will no doubt abound.

For me, the questions blare in my mind; IS IT SAFE HERE? SHOULD I BE ARMED DAILY? and SHOULD I MOVE MY FAMILY SOMEWHERE ELSE?

Sure, my block might be safe generally, and my kids school a good place to attend; but I drive downtown every day, and home after dark every night. Thus, my answers are: NO, YES, and MAYBE. No, Toledo is not a safe city. Yes, I should be armed. And, maybe we should consider moving away.

My in-laws visited from Florida last week for Christmas, and explained how they had to turn back and head home initially after leaving because they forgot the handgun they travel with. Now, their decision to travel armed is not based on the fact that they were headed to Toledo, (they now travel armed on all trips) but I know it was a factor.

GENERALLY, I feel I can keep myself and my family safe by making good decisions as to when, where, and how we move about the city, its events, and its locations. But, I also know I cannot control others, cannot predict where and when violence will occur, and it seems more and more lately, I cannot count on my instincts and wits to ensure I get home safe every day. Regardless of my ability to make good decisions, I fear the day my rationality is overcome by the irrationality or drive of an assailant, and I find myself unprepared to defend me and my own.

I don't know how many spouses gave their loved ones tuition to a concealed carry course for Christmas, but Mrs. TAHL may have a late present coming, and a new New Years Resolution to adopt.

TAHL

The Danger and Dissapointment of Distraction

2008-12-04T16:56:00.003-05:00

As I drove home down Dorr street last night I found myself trailing a TPD cruiser, and I noticed how bright the in-car computer screen was. As I moved closer I saw that the computer was not displaying a LEADS or NCIC screen, but SOLITAIRE.

This made me think of many things. First, I have spent countless hours in a patrol cruiser and I know, even in a city the size of Toledo, Police work entails hours of boredom. So I get it.

And while boredom is common for cops, complacency and distraction are a dangerous combination for a cop's safety. I would hate to have a cop killed because he was playing on the computer and failed to see a dirtbag walk up to the car and stick a gun behind his ear, or to the window.

Secondly, although I did not see if there were two cops in the cruiser, I assume the driver was not playing cards while driving. Regardless, there is enough stuff going on each day and night in Toledo that a patrol cop needs to be focused on the job. I would likewise hate to have a TPD cruiser miss a back alley drug deal, drunk driver, or citizen in distress because he or she was working a computer card game.

Lastly, with all the budget talk, worries about police management and resources, and the common attacks of TPD on the Internet -- its disappointing to see a TPD cop put themselves and the department in a position to defend this occurrence.

Why is solitaire even on their systems?

I like cops. I support cops. I respect cops. But, lets be real, keep an eye on the ball and the street, not on whether a there is a black jack to put your red 10 under.

TAHL

BP Tragedy

2008-08-15T08:49:00.004-04:00

The BP killing, and the actions of the citizen who stole cigarettes while he lay dead or dying on the floor have raised issues of crime, punishment, and many others. I frequent this store, shop there at night and in the early mornings and drive by twice a day heading to and from work. This killing, more than any others, is likely to change my behavior.

On the issue of capital punishment.

Capital punishment does have a deterrent effect.

1) Specific individual deterrence - that criminal will never victimize anyone else, either on the street or while in prison (a common occurrence given that the most heinous criminals often hit the street again, and they all victimize in prison).

2) Because the potential offenders who are deterred by the threat of capital punishment DON'T BECOME A STATISTIC the effect is hard if not impossible to measure, but it does exist.

3) For those fond of comparing evil America to our more enlightened neighbors in the world (an apples to starfish comparison I disagree with), the countries with the harshest punishments for crimes have the least amount of crime, death penalty or not.

The callousness of the cigarette stealer is a sadder testimony of the state of our city and society then the killing. However both deserve the maximum. If there is any chance the victim was alive when the cigarette thug ignored him - he should be charged with felony murder.

I join in congratulating the officers who knew their beat, knew their jobs, and helped nab these dirt bags. There is no substitute for cops on the street, who know their area, and are proactive in traffic enforcement as a method to uncover other crimes.

TAHL

A Jury Sees Through the Rhetoric

2008-08-06T09:04:00.003-04:00

A Lima Jury has found Ofc. Chavalia not guilty of charges related to his shooting of Tarika Wilson during the service of a warrant at her home earlier this year. All ready the clamor of racism (the jury was white!), corruption, facism and fear has begun. Many of the comments in the blogosphere and print media mix two separate issues.

The planning and execution of this warrant should have been done better. A no-knock entry, for this suspect (given the time frame of the investigation and results), at a time when it was more likely children would be present was a mistake. Command and staff officers of the Lima PD, must address this problem and make appropriate changes.

That being said, as the facts apparently showed the jury - Officer Chavalia's split second decision to shoot/not shoot, was reasonable given the facts known at the time, the suspects actions, and the situation. Rhetoric and politics aside, Tarika Wilson's decisions and actions impacted her fate. Ofc. Chavalia must live with the fact that in the performance of his duties he took a life. That does not make him criminal, negligent, or incompetent.

The dynamics of such a situation cannot be understood by those who have not experienced it, period. Of this I know what I speak.

TAHL

12..........13.....!!!!

2008-07-20T07:46:00.004-04:00

A 19 year old man was shot and killed outside a church festival this weekend, by my math the 12th murder this year. Now I realize festivals in this area are large fund raising activities with alcohol served and a carnival atmosphere, so I don't want the venue to become the subject. Another shooting occurred outside a club, that "victim" apparently lived.

More shootings in Toledo, another death. Racially motivated, perhaps - regardless another sign of the lawlessness that has become Toledo, and a stark reminder that a situation can turn deadly at any time. Yes, alcohol, youth, crowds and racial tension (gangs) are a bad mix, but another citizen died on his way to work last week.

Is the lesson ban guns, no. The lesson is be self aware, make good decisions regarding your safety and the safety of your family. Unfortunately the safest place for you to be late on a weekend night is home with your doors locked.

But is that the society we should have to live in? No. We should be safe and comfortable attending a festival without fear of being caught in a cross fire. Personal safety is about decisions and options, and the absolute requirement that all citizens take part in making our society civil. How? Don't stand for criminal behavior in your area, call police, know your neighbors, increase the lighting in your area, hold people (youth and adults) accountable. Prevent this tragedy by refusing to let groups of minors and young adults congregate at your event.

"But, AHL, how can I stop these groups from attending without being called a racist?" Unfortunately you can't, but being called a racist does not make you a racist. Forget politically correct fear, stand for the rights of everyone, and hold all races colors and creeds to the same standards.

After my years in law enforcement I never thought I would carry a weapon on a daily basis. I truly thought my decision making and personal choices could keep my family and I safe. Tragically, in Toledo (and many other cities), that simply is not true despite my years of training and experience. Looks like Clelands is getting at least two new CCW class members, Mrs. AHL and I.

Would a legally armed citizen in attendance at the festival this weekend have prevented this shooting, perhaps not. But once the criminal element realizes that at any time they may attacking or endangering a well trained, honorable, legally armed citizen...it will.

TAHL

Defend Thy Self or Leave the Field of Battle!

2008-07-17T08:28:00.006-04:00

That is unfortunately becoming the mantra of Toledo's street thugs. Yesterday a man was shot and killed while bicycling to work. According to the Blade (sorry, my only current source) witnesses heard two men arguing, with the suspect "standing over" the man on the bike, and then shooting him in the head.

Another man was stabbed last night after a fight with a large group of people. Its a miracle Wednesday's killing was only the 11th of the year.

And last night ABC chronicled the tragic story of two teenage girls forced into the sex slave business IN TOLEDO, revealing TPD took 90 minutes to respond when her father found the house she was being kept (and then only after the criminals were beating him with rocks). That was a few years ago, but the pimp got 4 years in prison, the females who supervised the sex slaves got 6 1/2 each. Travesty.

As a father and armed citizen, the 90 minute response time would have been 89.5 minutes to late. I would have killed the pimp outright, and depending on the actions of the females sat on the porch and waited for TPD to arrive. Murder? Maybe. Any doubt in my mind? None.

I live in a nice suburb of Toledo, keep my kids out of the city, Toledo Public Schools, and the mall for these very reasons. We attend Mud Hens games which end after dark, but I park in my work building and walk with them to and from the car keeping them close. We even attended the July 4th fireworks downtown, but again parked in my work building and avoided Promenade Park.

Do I bring a gun to the games, not yet. But I avoid driving home along Dorr street after dark, a route I drive to work every day. Do I bring a gun to work, not yet. Have I brought a gun to a festival or event downtown, not yet. But as Toledo gets more and more violent I am faced with the very real choice of, Arming myself or leaving the field of battle.

TAHL

The Armed citizen.

2008-03-08T08:47:00.006-05:00

Recently the criminal violence of citizens - some armed with guns - has made the local news. A 40+ year old man shot and killed a 17 year old teenager who was allegedly in a dispute with the older man's nephew. A 21 year old man, defended himself from a robbery, killing a 22 year old man (who was accompanied by two conspirators) when the criminals pointed a gun in his face. The citizen was licensed to carry a concealed weapon and used it to protect his life.

Blade

Greater regulation of the law abiding citizens will do nothing to stop the crimes of the non-law abiding citizen. However, legal gun ownership, responsible use, and freedom will.

“On Sunday, Victor Wiggins, 22, of 2433 Glenwood Ave., was shot in the chest by a man he was attempting to rob, police said.” Mr. Wiggins was shot and killed by another citizen, same race and nearly the same age, who was licensed to carry a concealed weapon and defendned himself when Mr. Wiggins and two associates, pointed a gun in his face.

What caught my eye after reading a recent post on Glass City Jungle on this topic, was the lead in “Irresponsible gun ownership creates scenarios over and over again where the circle of violence is played out.” The criminality of the offenders (yes plural) created the violence.

Had the deceased been hit with a hammer, stabbed - like a recent high school student - or clubbed with a baseball bat, the post would not have lead with; “irresponsible athletic equiptment storage creates scenerios over and over again where the circle of violence is played out.”

But the “victims” would still be dead, and the tragedy still a reality. A gun is an assemply of metal and plastic parts, designed for legitimate purposes, which, like many other tools, gets misused. No one is calling for a ban on Mr. Gagnon’s Ford F350that killed a family of 5 on the highway recently, they are holding him responsible. Although there has been a cry for more street signs.

The A-Hole.

Please- for yourself - Read Walter Williams

2008-02-19T17:51:00.004-05:00

Walter Williams

Safety?? The Real Purpose?

2008-02-06T08:45:00.001-05:00

Toledo City Counsel is getting ready to vote on the proposed increase in the fines for red light camera violations and stationary speed violation systems which includes increasing the percentage of the fine that goes to the city as apposed to the national manufacturer.

A recent Blade article, details the proposal, and cites to the fact that it appears it will not face any opposition from counsel members.

Notice what is not in the article, any MENTION of increased safety. It appears it is simply a matter of increasing revenue to help balance the budget while other aspects of the law enforcement and criminal justice budget are slashed.

At least the Blade and the administration aren't even trying to hide the ball. Its all about the CASH.

The A-Hole.

Red Light Camera Due Process

2008-02-02T10:39:00.000-05:00

The Ohio Supreme Court upheld local rule statutes that allow red light camera enforcement as a civil penalty, as not conflicting with State criminal laws. While accurate the ruling did not address the myriad of due process issues that remain. The link to the decision can be found on the right hand column of the blog.

Locally -

Can you challenge the technology in the Toledo appeal system? No. Is the video running at the proper speed? When was the last time it was certified/maintained? Was the yellow light time the standard time or was it reduced after the camera was installed? Does the video angle create an optical illusion and does it give a accurate representation of the incident?

If I was not driving, does the spousal privilege protect my right not to identify my spouse as the driver? If I was not driving, do I know actually who was, or must I assume it was my spouse/child? Do I have to conduct an investigation to find out if the vehicle was loaned to a friend, or if perhaps a friend was driving my spouse/child at the time?

If I conduct such investigation, does my testimony satisfy the rules of evidence - IE do I have personal knowledge of the event, or am I reciting to the hearing officer hearsay - what someone else told me happened in an event I did not witness? Should that burden of proof be mine?

Yes I want safe streets for my family, but if the systems do not increase that safety, do not have a deterrent effect (such as the presence of a marked patrol cruiser) and do not have the protections inherent in our system of criminal and civil justice - why use the that method?

The pro-law enforcement conservative A-Hole.

Tragedy, Assumptions and Conjecture - The Lima Shooting

2008-01-18T15:32:00.001-05:00

The facts are yet to be known, and truthfully we may never know exactly what happened in the seconds before the Lima SWAT officer made the decision to shoot.

As I discussed previously, this raid could and should have been planned better. There does not seem to have been an emergent situation making entry into the home necessary at 8:15 on a Friday night to prevent the destruction or distribution of large amounts of drugs or other evidence etc. Knowing children lived there, and the boyfriend being the subject of a long standing investigation, other options were available.

But, once the decision was made to execute the warrant, it had to be done tactically to protect EVERYONE. Cops, residents of the house, neighbors, and yes even the subject felon. Serving warrants is dangerous business (of this I know what I speak). Family members, or other residents of the houses, pose a real threat to cops serving warrants. We do not know what actions this mother took to trigger the situation that ended her life.

Reports stated that she ran upstairs upon the police’s entry. BAD decision. For all we know the officer was pursuing her up the stairs, into a room, she reached down with her back to the officer - despite his commands to stop - and spun quickly toward him holding……….unfortunately….her son. She could have as easily been holding a shotgun. In that split second the officer had to make a life and death decision which he will never forget.

I am not a citizen of Lima. I have never been contacted by, pulled over by, or spoken to a Lima police officer. But, to make this case about race (the officer has a Hispanic name), call it MURDER, and make statements that citizens are insulted because the FBI did not send a black agent to investigate, is counterproductive.

Investigate fully. Hold ANYONE AND EVERYONE properly responsible, yes including the deceased, try to make Lima a better safer place to live.

The A-Hole.

Red light Cameras and Speeding Tickets

2008-01-18T10:00:00.000-05:00

Maggie Thurber had a great discussion last night on Eye on Toledo. Her guest was one of the hearing officers who preside over appeals of red light camera, and electronic speeding tickets. I found my self yelling at the radio, wishing I could get in line to talk to her and her guest.

Please take advantage of her pod cast, on www.wspd.com and listen. She and her callers made great points, gave valuable information, and provided insight into the thought process of the hearing officer.

I found many problems with way the gentleman presented his position. First, just because you wash a pig, and re-name it a flower, it remains a pig. Traffic violations have always been under the criminal code and carried criminal implications. Just because the city re-named these violations "civil" did not make them flowers.

The hearing officer's answers were generally qualified by "as I understand it," "well I don't know about that," and "I would think a citizen can/could....." I know he has limited power as a hearing officer, and did not write the statute as it exists; but for him to base a decision on whether to uphold or dismiss a ticket on so much conjecture, or issues he simply feels "are not in his loop" is preposterous. As Maggie pointed out, once the ticket is issued, the owner is presumed guilty, and it falls upon the citizen to prove otherwise.

The hearing officer relies on the statutory language that the ticket itself is "prima facia" evidence of GUILT. Not evidence of the potential for a violation, but guilt. That evidence is bolstered (in his mind) by testimony from a lieutenant from TPD, that the systems are accurate, are tested quarterly, and working properly. A citizen, testifying in the same manner as this police officer, is NOT sufficient to call into question the prima facia "evidence" the ticket provides. The hearing officer stated he expects every day citizens to bring any evidence related to the mechanical accuracy of these systems to the hearing, and he "believed" a citizen could do so through a FOI request to the city. This seems unreasonable for a citizen to attempt for a $95 ticket, with no notice of their right to do so written on the ticket.

When I was a police officer (in a different state), my traffic radar had to be certified by the manufacturer quarterly, and tested daily. If I issued a ticket that had been verified by the radar, I had to testify that it had been so certified and bring in the records to the court. Additionally I testified that at the beginning of my shift, and immediately following issuance of the subject ticket, the radar passed its internal test, and my manual test. This testimony had to be supported by my patrol log notes showing I performed those two tests at the beginning of my patrol, and immediately after issuing the ticket. My sworn word as a police officer was not enough.

But, in these cases, the sworn word of a police officer who was never at the scene and has never personally tested the equipment is enough, because its "civil."

Hopefully this issue will be resolved by the Ohio Supreme Court and/or legislature, but I will not hold my breath. Dispute every ticket. Make the process too expensive for the City to continue the use of these systems.

The A-Hole.

Tragedy in Lima - for all involved.

2008-01-06T18:25:00.000-05:00

I intended to delay posting about this subject until more information came to light, but given the seriousness of the event I wanted to make some points on both sides of the issue.

1) Serving warrants is a dangerous business. Cops are injured and killed when serving warrants every year, often by by-standers or other occupants of the houses they enter, and not by the felon sought.

2) We do not know the facts of the situation which led to the shooting, the article states the deceased ran upstairs when the police entered, but we do not know what led to the officer making the decision to shoot.

However - There are troubling facts already known.

1) There was a lengthy investigation into the sale of drugs at this house. Thus, plenty of TIME was available to plan and execute this warrant. Why go into a house, known to have children residents at 8:15 on a Friday?

2) No large amounts of drugs, cash, or guns are reported as being seized, thus, it does not appear to be a situation where it was known that a large "shipment" had been received and the police were worried about losing the evidence if they waited. It appears proper planning could have avoided this tragedy.

3) Investigate the felon, document and collect evidence against him and ARREST HIM OUTSIDE OF THE HOME or when it is known through surveillance the children are gone. Then approach the house, knock on the door, and announce - We are searching this residence, Mr. Felon has been arrested, everyone may leave once searched, or stay and be cooperative.

Make no mistake; this is a tragedy for all involved; the family of the deceased, the officer who shot her, the community as a whole and the police department. There are facts we do not know, may never know, and a full investigation is needed. The investigatory, planning, and tactical process will be scrutinized, and someone needs to be held accountable. Which "someone" is appropriate we don't yet know. The felon, the deceased, the landlord, the chief, the officer, ......we do not yet know.

I have no doubt that the officer did not leave the station that night thinking, "I'm gonna kill a woman tonight, a black woman, and wound a child." I am sure in the blur of the tactical situation he did not point his weapon at her, think - don't shoot, wait, she is black, shoot.

I am sure in the planning meeting, the officers and sergeants didn't say, "We are serving a warrant on a felon's house tonight, keep sharp, and oh guess what - he's a black guy - woo hooo."

It is time for thought, reflection, and investigation, not rash decisions, fuelled by emotion and based on conjecture.

Complicity in the death of an Innocent - the rationalizing begins.

2008-01-06T11:13:00.000-05:00

First - Check out a great comment string on this topic, at Glass City Jungle.

Second - POVERTY IS NOW AN EXUSE FOR THE EVIL BEHAVIOR OF THESE PEOPLE????!!

We must (I include myself in the we) remember the core principles of the criminal justice system which protect us all, presumption of innocence, proof beyond a reasonble doubt, evidence over emotion; BUT to start my making excuses for the lack of intervention of the relatives, or the lack of “common sense” of the mother is ABHORRENT.

Poverty, educational level, culture, and lifestyle are not valid exuses to minimize the brutality, and evil nature of the event, or the complicity of the participants. Poor, uneducated people recognize torture and depravity across the globe. The death of this child is not a racial, cultural or socioeconmic issue. It is the death of child at the hands of those who’s duty it was to protect him.

We spend thousands of dollars prosecuting cases of “permitting drug abuse” where the owner or occupant of a house or vehicle is guilty of the drug use/abuse of a resident/passenger - yet we will not likey see prosecution of this child’s grandmother, aunt, or other extended family who lived with, ignored, and validated this abuse with their failure to act or intervene.

As I said before, the mother’s duty was to protect her childe to the death, and preceed him in death if necessary. The extended family had no less a duty, and can not aruge the same level of abuse, fear, or rationalization. I would rather be reading in the blade.

“Family charged in the death of an abusive boyfriend - baby saved”

The A-Hole.

Death of an Innocent

2007-12-31T09:32:00.000-05:00

A recent article in the Blade detailed the death of a two year old child at the hands of his mother and the mother's boyfriend. Debate will no doubt be held over the application of the death penalty to the boyfriend, and to the mother (although much less likely). Support for the mother will be heard from those who will argue that she was abused as well, was in fear for her life, and was not a willing accomplice in the death of her son. While those facts may be true, they do not equal justification or mitigation.

The two year old apparently had his hands tied, was burned with an iron, and beaten to death. His mother's duty in such a case, was to defend him, TO THE DEATH IF NECESSARY!! The fact that the mother survived her son speaks for itself that she did not do enough.

A debate will also rage about the fate of her other two children, and their mother's parental rights going forward. Again, a needless discussion. She has forfeited her rights as a parent by sacrificing her youngest.

The A-Hole

Previous Subjects

2007-12-30T11:13:00.000-05:00

I had commented on some issues related to TPD, stafffing, and the economics of some of the decisions Chief Navarre and the Mayor had made. I am re-posting them here as an example of some of my previous thoughts.

The A-Hole

Increase while you can - limit the damage later
City counsel is considering a proposal to increase the fine for speeding and red light violations caught by traffic cameras within the city. Personal, political, and constitutional arguments aside, why would the city counsel be considering such a move at this time while a case is currently before the Ohio Supreme Court on the constitutionality of such tickets, and legislation has been proposed at the state level banning all such measures. Additionally, several cases from Toledo are currently being litigated on this issue, including, as the recent Blade article stated, one seeking class action status.Why not wait. If the violations are ruled to be unconstitutional, or the legislation passes banning them, what benefit will the city have gained by this most recent move. The counsel may in fact have created a larger job for the law department in attempting to collect from the private company after the fact and defending the potential flood of lawsuits.The facts about this enforcement method are sketchy at best. They have not been shown to reduce accidents. When a driver is approaching an intersection with a camera, it is unlikely they have the time or aforethought to consider the camera when making the decision to go through or aggressively apply their brakes. IF they do consider the camera, they are likely to stop more abruptly (or try to, often on wet/icy roads), potentially causing more accidents when the drivers behind them don't anticipate the quick stop. On a national level the cameras have been shown to be ineffective, and increase accidents.I trust the science; the technology, delay in photo activation, and video replay systems in place are accurate. BUT, I don't agree with taking enforcement discretion out of the equation, removing the due process rights of: confrontation, presentation of evidence, and fair trial/hearing out of traffic enforcement for financial gain. But I digress.My initial point is, once again the city is considering a counterproductive, potentially inefficient and costly move toward increased government control, the big brother state, and waisting its time and resources on measures that may be deemed illegal soon by our Supreme Court and Legislature.Take a breath Carty, Chief Navarre and Counsel................lets see where the chips fall before we ante up more citizens freedom for the almighty dollar to a private Arizona company.I guess I will add my pending red light ticket to the class action.

Sad Appreciation
Today on my way into work I pulled behind a shiny new TPD patrol cruiser.My first thought was, "cool a new police car, they deserve it, and as a city we deserve it." I was all warm and fuzzy feeling inside.Then it hit me. HOW SAD is it that I am so used to seeing crappy, broken down, dirty, embarrassing patrol cars, that this clean new one was a shock and surprise.Toledo and NW Ohio have allot to offer (and I don't want to be known as one of the people who down Toledo as a city) but the Mayor's policies, budget decisions, politics and the Democrat's long standing control over the area make it harder and harder each day.Vote early, vote often.............no new taxes ----- and limit the old ones too.

GPA vs. Guts
On Glass City Jungle a post stated that Lucas County and Toledo Muni prosecutors are EXCLUSIVELY the bottom of their law school glasses. Here is my response.TPDBlue - Your speaking out of your ass, and just like you are offended by generalizations about COPS, you should know better.“The Prosecutors in Lucas County Common Pleas Court and Toledo Municipal Court are exclusively bottom of their Law School class graduates.” First, not true. Secondly;Law school class rank has little to do with a lawyer’s ability to interpret, apply, and argue the law, especially criminal law. Why do top class graduates get recruited by large firms, because civil, transactional, and contract law all REQUIRE massive research and writing hours. Those “top of the class” newbie lawyers won’t see a courtroom, interview a witness, or speak to a judge (let alone try a case) for YEARS.The criminal law does not GENERALLY, have a large research component, but forces a new lawyer to do the groundwork, and actually apply the law on his or her feet. Give me a logical, common sense, dedicated, practical lawyer with some life experience and street sense over a law school valedictorian any day

Cops and Dollars
FIRST - as a former police officer (my asshole roots run deep) let me say I am a big fan of cops. The issue I have today relates to TAX DOLLARS and force managment, and how they are used to keep our citizens safe.Three days ago, in the evening time after leaving the Asshole factory, I was behind a gaggle of TPS bike patrol cops. They were rolling 6 deep, north on Madison. I understand strength in numbers, especially for bike patrol cops, but my first thought was SIX! C'mon.Yesterday I drove south on I-75 from Michigan into Ohio. I saw two TPS cruisers parked on the Alexis Rd. ramp, monitoring traffic for speeders, likely aided by an air unit. That did not bother me. I realize the need to control traffic and promote safety through speed and other highway enforcement, and I know solid traffic enforcement leads to the discovery of lots of other CRIME. But, as I continued south I saw SIX MORE TPD UNITS, in the process of conducting traffic stops. That brought the total number of units doing noon-time traffic on I-75 southbound to 8! C'mon.In a time of limited resources for our dedicated law enforcement professionals, with a real need for a complete presence in all parts of the city, why would Chief Navarre (under the thumb of Carty) concentrate such numbers in these two areas to such an unnecessary extent? Mismanagement? Improper prioritization? Seems like both. Now, the highway crew was likely being funded by some Federal grant or program for highway enforcement. BUT, - and here is the key kids - Federal dollars or OUR DOLLARS too! Lets make reasoned, rational, common sense decisions about allocation of our public resources, ESPECIALLY public safety resources.

Those are just some thoughts I wanted to post.

The A-Hole.

2007-12-30T10:15:00.000-05:00

Welcome to Cops&Lawyers - subjects I have some experience with as I have been both. I spent 6 years in law enforcement at various levels before law school (park ranger , probation/parole, and street cop), worked with the public defenders office in law school, and now practice civil law.

I keep my eye on the status and issues of the criminal law, still practice some "friends and family" criminal cases, and think I have a unique perspective on the system. This blog is meant to be an open forum for INTELLIGENT, RESPECTFUL debate and discussion about issues related to not only criminal law and criminal justice, but Cops and Lawyers in general.

Please do not turn the site into Rants & Raves that cops and lawyers are all assholes, thieves, etc. If you have legitimate concerns, questions, and comments; let talk about them.

Hope to hear from you all soon.

The A-Hole