Toledo Bucks a Trend

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

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

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

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.....!!!!

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!

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.

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

Walter Williams

Safety?? The Real Purpose?

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

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

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

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.

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.

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.