Lawsuit filed in 2nd pepper spray case

Attorney Doug Brannon, working for Charles Alexander Wade, the victim of the second pepper spraying while in restraints that has come to light in the last six months, filed suit in District Court asking for a jury trial.

The case centers around the pepper spray video that I released on February 2nd 2017 of the incident that occurred Oct. 19, 2016, just a month after Plummer called the first pepper spraying of Amber Swink in restraints an “isolated incident.”

The pepper spraying of people in restraints is unconstitutional, amounts to cruel and unusual punishment, and is totally unnecessary and unwarranted. However, Sheriff Plummer seems to be oblivious that this kind of behavior is not only wrong, but dangerous.

He seems to think it’s better to blame the County Commission and anyone but his officers in his press conference that was held last Wednesday, February 8, the day after the County Commission asked for the Department of Justice to investigate the jail for civil rights violations.

Another key part of the Wade complaint is that the plaintiff and his attorney had asked for the video and records multiple times and were denied. The video I released was the first and only copy that had been released to the public.

I am including the entire time stamped final complaint: Wade, Charles – TS Complaint with Jury Demand

Here are some key points, most of which can be seen clearly in the video I released:

17. The Plaintiff’s fear of being placed in a restraint chair at the MCJ was based upon the MCJ’s well-earned reputation for having a pattern and practice of using excessive force against its pretrial detainees. This includes but is not limited to Amber Swink in 2015 when jail officers used OC spray on her while she was fully restrained in a restraint chair.
This also includes Louis Aldini, Jr., a military officer whom officers viciously beat and tazed, and placed in a restraint chair, while he was in their custody in 2006. Jail officers also used excessive force in causing the death of Robert Andrew Richardson Sr. in 2012, whom, when ill in his cell and suffering from a medical emergency, officers allegedly pinned to the ground prone on his stomach and applied significant weight to his back to the point where he ceased breathing. Excessive force was also used against Emily Evans, who was body slammed into a concrete floor while handcuffed knocking her unconscious and causing facial  fractures.

22. Once on the floor, Deputy Walters kept Plaintiff Wade pinned down by placing his right knee on the upper middle back area of Plaintiff Wade at which point Plaintiff Wade stated “I’m not resisting…..how do I not resist?”

24. Corrections Officers, including Defendant Lightner, secured Plaintiff’s two legs and abdomen into the restraint chair so that he was sitting in the seat and unable to stand, with both of his arms still handcuffed behind his back while Defendant Eversole recorded the events with a handheld camera.

25. At that point Plaintiff Wade’s upper torso and head were pushed down into his lap by Defendant Lightner and three other corrections  officers where it would have been impossible for the Plaintiff to move or pose any threat to the corrections officers.

26. At that point Defendant Lightner, under the semblance of removing the Plaintiffs handcuffs manipulated the Plaintiff’s hand and wrist causing severe pain, injury and evoking a reaction from the Plaintiff which he knew was unnecessary and would lead to further escalation with the Plaintiff in the restraint chair.

27. Defendant Eversole then passes the video camera to another corrections officer and takes a full can of OC spray places it directly in the face of Plaintiff Wade and hits him directly in the eye and face at a range of approximately one inch with a long burst of OC spray while the Plaintiff is still restrained in the restraint chair, pinned forward with his head in his lap by four corrections officer including Defendant Lightner.

28. Only after Defendant Eversole has already sprayed OC spray in Plaintiffs face does he give Plaintiff any verbal commands to “stop resisting.”

29. The Plaintiff, after being sprayed directly in the face and eyes with OC spray at point blank range, is now coughing, struggling to breathe and when his left hand is removed from the handcuffs he places his left hand over his mouth as part of a cough reflex. It should also be noted  that the corrections officer are also placing their hands/arms over their mouths in a similar cough reflex, even though they were not directly  sprayed in the face with OC spray.

30. As Plaintiff Wade is still strapped in the chair, pinned down by four corrections officer including Defendant Lightner, coughing and  struggling to breathe Defendant Eversole then administers a second generous dose of OC spray directly to Plaintiffs face and eyes for no reason other than to inflict further pain and injury to the Plaintiff.

31. The four corrections officer and Defendant Eversole then take Plaintiffs arms and strap them into the chair, after which Defendant Eversole takes his forearm and places it across Plaintiffs chest/neck further restricting his ability to breathe despite Plaintiff’s cries that he already could not breathe.

36. Both acts of OC spraying the Plaintiff while the Plaintiff was restrained and pinned down by corrections officers in the restraint chair  constituted brutal and excessive force, was cruel and unusual and was not a proportionate response to Plaintiff’s actions while in the Defendants’ custody. Defendants, jointly and severally, exhibited deliberate indifference concerning the amount of force they applied on the Plaintiff.

37. Keeping Plaintiff Wade fully restrained in a restraint chair from 0446 hours until 0724 hours constituted brutal and excessive force, was cruel and unusual and was not a proportionate response to Plaintiff’s actions while in the Defendants’ custody. Defendants, jointly and severally, exhibited deliberate indifference concerning the amount of force they applied on the Plaintiff.

38. A reasonably competent police officer and/or corrections officer would not consider the use of the amount of force, under these circumstances, reasonable.

41. Shortly after the assault of Plaintiff Wade as stated herein, several staff members working in the Montgomery County jail who either witnessed the assault and excessive use of force or had heard about the wrongful conduct of Defendant Eversole and Lightner reported said wrongful conduct to Defendant Landis, who was a supervisor over Defendants Eversole and Lightner, who also had the responsibility of  overseeing the operations in the MCJ.

42. Despite knowledge of the wrongful conduct of Defendants Eversole and Lightner Defendant Landis failed to order any type of an investigation into the events that are the subject of this action.

45. At all times relevant herein Defendants, under the direction and control of Defendant Plummer, failed to timely comply with the public records request for the video footage of the OC spraying of Plaintiff Wade in violation of the law and the policy of the Montgomery County Sheriff’s Office.

46. Defendants even relabeled videos in document productions to the Plaintiff’s attorneys purporting to claim that they were of Plaintiff Wade when they were not, in an effort to frustrate and prevent any claims being brought against the Defendants.

47. The wrongful conduct of Defendants not producing the video was intentional and deliberate since Plaintiff’s counsel has sued the Montgomery County Sheriff and its officers/employees in the past and has several cases pending against the Montgomery County Sheriff currently.

48. Upon receiving the public records requests and/or viewing the videotape, Defendants knew or should have known that excessive force was used against Plaintiff Wade, that Defendants Eversole and Lightner had in fact committed the crime of assault against Plaintiff Wade, that  Defendant Eversole and Lightner had violated the Use of Force policy of the Montgomery County Sheriff’s office and that there was a high probability that there would be litigation regarding this incident in the form of a criminal prosecution of Defendants Eversole and Lightner and/or a civil action brought by Plaintiff Wade and/or internal disciplinary actions against Defendants.

99. Through the conduct alleged above, Defendants negligently, intentionally, maliciously, recklessly, and willfully breached this duty by  attacking Plaintiff with OC spray and/or destroying the videotape and other documentary evidence so as to inhibit probable litigation and as a direct and proximate result, Plaintiff suffered injuries and damages.

To sum it up. Torture is tolerated in the Montgomery County Jail run by Sheriff Phil Plummer. Incidents have been routinely covered up, and the ones that have been exposed are apparently condoned by the Sheriff. Even though he complains he’s short a captain who is on paid leave for her actions in pepper spraying Amber Swink, the captain had been promoted from sergeant to captain in the time between her pepper spray incident and the revelation almost a year later. In the second pepper spraying, no officers were disciplined, and again, there was a coverup of the incident and public records requests were denied. Sheriff Plummer refuses to admit that these are inappropriate uses of pepper spray- a substance that can and has caused deaths around the globe in more appropriate uses than these.

It takes 23,000 signatures to recall Sheriff Plummer. Or, one judge to rule that he and his deputies are breaking the law and can’t be entrusted with public safety in the jail. The question is, who is going to step up first.

NOTE: there will be a protest at the jail, Friday, February 24th at 6pm outside the jail on W. Second Street.

 

 

The silence of the leaders

Montgomery County Jail Dayton Ohio UNSAFEThursday night at 7pm I released a video clearly showing that the Montgomery County Jail is unsafe at any speed. The video I procured, was denied to exist once again, by the Sheriff’s office, when multiple public records requests were filed by the attorney representing the victim of the sadistic torture inflicted under the cover of authority.

The video has over 5,300 views on Facebook with over 135 shares. It has 600 views on YouTube. This is in under 36 hours.

Yet not a single elected leader has issued a statement, asked for an investigation, called for intervention.

So what are they saying (we know they’ve all seen it- they do read my blog, they do have friends that keep tabs on what I’m up to.)

Here’s the mythical conversation, somewhere in the halls of local government yesterday:

Elected official 1 “Man, I’m glad I’m not Phil Plummer today, did you see that video Esrati released. Pepper spraying another inmate while restrained. This is going to cost the county.”

Elected official 2 “Yeah, it’s pretty clear that place is out of control. Can you believe Esrati asked for money to fund his “work” at the end, I’d donate if it meant he’d STFU and leave town. What an ass.”

Elected official 1 “Thank god he doesn’t work at the paper, or we’d all be in trouble. Not that they have anyone left that knows anything.”

Elected official 2 “You know he called me an idiot last week in his blog, over that real estate give away, he just doesn’t understand who we have to answer to.”

Elected official 1 “That guy probably had it coming anyway, I heard his rap sheet was a mile long. But, you know, we can’t keep quietly settling all these abuse of power, use of force lawsuits. We’re close to $10 million already. And his deputies keep crashing cruisers like dodgem cars.”

Elected official 2 “No one pays attention to county government, they get wrapped up in things like sanctuary city status and the heroin problem. Besides, my seat is safe.”

What we should have heard.

The county commissioners should have been asking the FBI, the Justice Department and the State Attorney General to come in and mount a full investigation. Plummer, and the command staff of the jail, should all be placed on immediate unpaid leave, and they should be asking for help from the police chiefs through out Montgomery County to come together to put a plan in place to safely run the jail.

The City of Dayton, the largest customer of the Jail, should have said that they will no longer use the county jail as long as Plummer and his current command staff are in charge. Efforts should be made to either release their prisoners to community control, or moved to other facilities. A clear statement should be made that the jail isn’t a safe place and that it isn’t acceptable for our citizens. They should launch their own investigation.

All other jurisdictions that use the jail, should have made similar statements.

There should also be a request to have state oversight on the failures of the Jail, the Sheriff and the County to release requested information though the public records requests.

Anyone found to be impeding the release of footage, reports, documentation that was legally requested should be charged with a crime, fined, and fired.

Since the County Prosecutors office didn’t issue an immediate statement condemning any of this, the Prosecutor should be asked to resign. This is his job, not mine.

Crimes were clearly committed in the county jail, not just on Oct 17, 2016, but over the last few years. It is his job to make sure that the people in charge of enforcing laws, aren’t committing crimes. Since Prosecutor Mat Heck can’t seem to do that, it’s time for him to go as well.

And in the hallways of the local media:

“How did Esrati get this story? How did he get the footage?”

“We can’t use it, he put his url on it. We’d have to credit him with breaking the story. We don’t do that- we just steal his stuff for our front page news”

“Did you see that he had the audacity to ask for donations? He can’t get paid for doing what he’s been doing for free”

“He said we don’t cover stuff because we get advertising revenue from political campaigns, the hospitals, the big businesses that run this city, how else can we stay in business? This town is going to shit because those morons they elect don’t have a clue on what they’re doing. It’s not our fault the people elect stupid people.”

“Nobody was bleeding, or died, that’s not news.”

You can tip your server www.esrati.com/donate any amount is appreciated.

 

 

Why Montgomery County needs a chief ethics officer

Yesterday I released a video of the criminal pepper spraying of Charles Alexander Wade, while in restraints, at the Montgomery County jail. Normally, you’d expect your county prosecutor to take up charges against the perpetrator of a crime as clear as this, but there is a difficulty.

Sgt. John Eversole, Mr. Pepper Spray, is married to Erin Claypoole, a Montgomery County Assistant Prosecutor, Trial Team 3 Supervisor.

Of course, Sgt. Eversole, soon to be inmate Eversole, is probably crapping his pants today. Doug Brannon, the attorney in the Amber Swink case, has also secured Mr. Wade as a client, and has been doing public records requests to the Montgomery County Sheriff’s Office since November for the footage you saw last night. He called and asked how I got it. Eversole had been told the video would never see the light of day.

Brannon’s case just grew. Refusal to fulfill public records requests is a crime. Now that the footage is out, it can’t be covered up.

In other questionably ethical action, Plummer also has recommended one of his employees to a judgeship, in his role as chairman of the Montgomery County Republican Party. Plummer nominated Personnel Director Julie A. Droessler, Esq. for appointment to fill Judge Michael L. Tucker’s seat on the County Court. The position is filled by Governor Kasich by appointment as recommended by the local party. Tucker is vacating his term,  due to his election to the 2nd district court of appeals to fill the seat of retiring judge Mike Fain. Of course Tucker ran, unopposed as this is how we roll in Montgomery County. As to Droessler’s qualifications to be a judge? She’s a lawyer, and would owe Plummer a favor or many- since she has  zero trial experience.

When I asked Mrs. Droessler if she was in a personal relationship with the Sheriff, she asked who told me that, I wouldn’t say, and then she hung up.

Of course, since yesterday, there has been a steady stream of other information about the jail. Like this 100lb girl getting the WWF treatment in the jail in 2014. Read the story here:

I’m also trying to locate Joseph Guglielmo, the homeless veteran who was beaten into a coma in the jail.

The list of criminal behavior by jailers, the coverups, the abuse of power, the suicides, all point to a jail that’s more of a threat to inmates than the inmates are a threat to the citizens of the county.

The county commission, three democrats, have the ability to remove the Sheriff from office, but aren’t acting, because the county is already on the hook for millions in pending litigation, and has already paid out a ton of money in settlements. A protest is being scheduled for the next commission meeting on Tuesday, February 14th 2017 to be followed by a protest the following weekend.

Ir we had an elected chief ethics officer in the county, an independent prosecutor of sorts, issues like these conflicts of interest, might not be the major stumbling block.

 

Cruel and unusual punishment in the Montgomery County Jail

Cruel and Unusual Punishment in the Montgomery County JailThere has been a steady stream of bad news about the Montgomery County Sheriff’s Department under Sheriff Phil Plummer. I’ve covered some of it, but, there has been so much, so many different things, from his hiring of his sister to do appraisals, to the “firing” of two officers for racist texts– who weren’t really fired, but allowed to retire with disability, to the segregation of female prisoners by race, putting the black women in the old jail and the whites in the new one. All you have to do is search Phil Plummer on this blog.

In September of last year, the public learned that under Plummer, it’s not only OK to pepper spray an inmate in a 7 point restraint chair, but, that it will be covered up, and the person doing the spraying will get promoted, Sgt. Judith Sealey is now Captain Sealey. It came to light when the victim’s law firm released the footage and filed the lawsuit. Read this excellent article from the Washington Post, here’s an excerpt:

But the incident in Dayton appeared to violate widely accepted law enforcement practices.

“You cannot find any training manual that will tell you it is allowable to pepper-spray somebody who is restrained,” said Kamran Loghman, a U.S. Naval Academy professor who helped develop pepper spray for law enforcement use. “It is used to avoid confrontation or injury, so you don’t escalate to higher levels of confrontation. Pepper spray, therefore, should not be used if the subject is expressing verbal disagreement or anger.”

Source: She started the night drinking at home — and ended it being pepper-sprayed in a restraint chair – The Washington Post

Plummer, who ran unopposed last November, for a four-year term, is also the chair of the county Republican Party. The fact that the Sheriff has final say on election day under Ohio law, for issues that the Board of Elections deadlocks on, should make him ineligible to hold one or the other issue.

The issue of the pepper spraying Ms. Amber Swink, didn’t make it into the public eye until after the deadline to run against him had passed. Not that there hadn’t been plenty of other reasons to oust him. In the spring, in the strangest string of meetings in black churches, Plummer was standing there with the local Dem party leaders and union leaders, all singing the same tune against regionalization- even though it might have included consolidating some of the 20 odd police jurisdictions in the county under one department- presumably his. If his cooperation had been worked as a deal to guarantee he run unopposed, it worked. The two parties have a not-so-secret deal to not oppose sitting judges after they’ve won a seat that someone either aged out of or died holding.

Plummer whitewashed the first spraying of a restrained inmate as “an isolated incident.” His main concern was that the blue line of his department had been violated, and that the footage had been released without going through channels.

However, if you just randomly did a public records request for any footage of jailers using pepper spray on inmates, you’d get crickets. Internal sources gave me the incident report number, date, and name of the victim of the latest atrocity to come out of Phil Plummers house of horrors.

Charles Alexander Wade is no choir boy. He’s a 37 year old black man who has had his share of run ins with the law. No stranger to the Montgomery County jail, he’s asking if he’s going to be “chaired” as the deputies are removing him from the back of the State Highway Patrol cruiser, where he is lying face down across the backseat, with his hands cuffed behind his back.

The deputies even brought a hand held video camera out to record the entire booking process, in addition to the jails security video system. You will see them passing the camera around while they proceed to mis-manage their internment of Wade at 4:40 am on October 17, 2016. This was a month after the footage of Swink being pepper sprayed in restraints had been made public. If anything, you’d think everyone would be extra careful before using pepper spray on a restrained inmate, but that would only apply to competent, intelligent employees, which seem to be in the minority in Plummer’s keystone kops klink.

The footage speaks for itself. We’ve spent almost 4 days extracting the proprietary video format, matching time codes, and trying to clearly show what happened to Mr. Wade. We’ve also made available the entire video with continuous time code as a separate file. The audio came from the hand held camera, only the search room has sound on the provided video.

Why Wade bangs his head against the wall is something I wanted to ask him. My attempts at tracking him down from the addresses that I was able to access were unsuccessful. I even went and staked out the Vandalia Municipal Court on a date he was supposed to show up. I am not a private detective or a paid journalist, but, I wanted to hear his side of the story before I published this. Charles, if you are seeing this and would like to get your side out, my contact info is on this site.

I’ve been exposed to CS gas in the military. However, I don’t think it comes close to what point blank pepper spray to the face would do in terms of pain. To spray Wade once while restrained and surrounded by no less than 7 deputies is criminal/sadistic enough. The second spraying when Wade moves his hand to his face was just an excuse to be an even bigger @$$hole. That honor, belongs to Sgt. John W. Eversole/872.

There is no doubt Wade knew his rights and knew what was possible in the jail.

The only question now is who is going to  stop this kind of sadistic criminal abuse of prisoners under Sheriff Phil Plummer?

The FBI? The Justice Department? Our County Prosecutor?

For the first time, I’m asking for donations to this site to support this work, and to make sure I have money for a legal defense in case the Sheriff comes after me. I’ve been publishing this blog since 2005, there are over 2,500 posts. I’ve self-funded it all. I’ve gone after dirty congressman, pay to play politics, the local political parties, the school board, the neighborhood drug house, but this is the fist time I’ve gone after a guy who signs the license for my CCW. You can donate here https://esrati.com/donate

Here is the raw footage of Wade moving from the sallyport into the chair. If your news organization chooses to use this video, I ask that it be credited to this site- with a link to this post: www.esrati.com/deadly And here are the incident reports as a readable PDF: Charles-A-Wade-Report-esrati.com

Thank you.

 

 

 

 

 

Action to undo Shanklin appointment to Veterans Service Commission filed today

Attached is a copy of an original action in quo warranto and an affidavit in support that were filed today with the Second District Court of Appeals relating to the appointment of Wilburt Shanklin to the VSC, by Anne Jagielski,, Assistant Prosecuting Attorney, Montgomery County Prosecutor’s Office. Shanklin Quo Warranto

Quo Warranto means: A legal proceeding during which an individual’s right to hold an office or governmental privilege is challenged.

From the filing:

21. The DAV Chapter 9 believes the nomination of Mr. Shankin was improper because he was not nominated and voted on by the members of DAV Chapter 9. Instead the DAV Chapter 9 believe they were compelled by the Court to submit a nomination for someone they did not and do not want representing them on the VSC. But for feeling forced by the Court, Mr. Weeks would not have submitted Mr. Shanklin’s name for nomination. Therefore, Mr. Shanklin’s name should never have been considered by the Court for a seat on the VSC.

You read about this story here first: Politics interfering with the Montgomery County Veterans Service Commission

and then here: Judges break law with Shanklin appointment to Veterans Service Commission

I requested help from State Representatives Jim Butler and Rick Perales on this issue, both being veterans and local. The original claim out of the prosecutors office was that the other board that Shanklin sat on, wasn’t a county board, but a state board, so it didn’t disqualify him, even though he was appointed by the very same judges. This issue wasn’t mentioned in the filing.

We will have to wait for a ruling from the Second District Court for final disposition. Shanklin was supposed to begin his term on January 15th. 2017.

Color coding prisoners in the Montgomery County Jail

Phil Plummer, Sheriff, Montgomery County OhioFemale prisoners in the Montgomery County Jail are being segregated with the black females being most likely to be locked up in the old jail, with bars and limited privacy, while white women are in the new jail, with pods and a modicum of privacy.

This is only one of the problems in the Montgomery County Sheriff’s office, which is currently dealing with multiple issues- like having a white Major refer to a black correctional officer as “a thug” in a recorded meeting, the pepper spraying of a restrained prisoner, and the ongoing issues of nepotism that run rampant in the Republican branch of the Monarchy of Montgomery County.

Sadly, the Sheriff, Phil Plummer, who is also the Republican Party Chairman (which should be illegal, since in Ohio, the final word on election issues on the day of the election is the sheriff) is running unopposed this fall.

This isn’t the first brush with racism in the Sheriff’s fiefdom, two of his trusted people were fired last year because they had been exposed for exchanging racist text messages. Three others were “disciplined.”

But it would seem that screwing up is the fastest track to promotion under Sheriff Plummer.

We first found about Tom Flanders when he was a Sgt. shredding documents that were key to an investigation on the Sheriff’s sister being hired as an appraiser. Then, Captain Flanders was supposedly fired for the racist text messages, but he really wasn’t- because instead, both he and the other “fired” officer took full medical retirement. It pays to be a bad cop in the Sheriffs office.

Somehow, the good ole boy network in blue never lets one of their members down.

But it’s time for the Sheriff to trade in his badge for stripes for a stay in his own jail. How else do you explain how the Black female Sgt, Judith Sealey, with the itchy finger on the pepper spay, is now a captain? Maybe it’s because Plummer needs to show a little bit more diversity in his jail where there are over 100 employees with only a dozen or so of color? Or maybe, he was hoping to keep her quiet and that the tape of the criminal action would disappear. That may be the most expensive can of pepper spray in Montgomery County by the time the taxpayers finish paying for the lawsuit that’s coming. Had the “screaming inmate” had asthma- we’d be looking at murder charges. Flat out- you don’t pepper spray someone in restraints, but apparently, in Phil Plummers world, do it and you get promoted.

When a black corrections officer brings up the issue of the segregation of female prisoners- and gets a reprimand instead of a “thank you for pointing that travesty out, I’ll get right on it.” You know there are problems. The racial segregation of prisoners alone is an issue, but putting the blacks predominantly in the old section of the jail makes it clear that some prisoners are less equal than others. That section, has the old style bars and shouldn’t even be in use- apparently it has some kind of grandfather clause that allows them to use it. Yet, putting the white women, who make up the majority of the female inmates, in the new pods section should be clear evidence that this isn’t random.

What we need is a special prosecutor to come in to investigate the MCSO from top-to-bottom.

Instead, Plummer thinks that an internal investigation is appropriate. Right there should be a clear indication that he’s lost touch with reality and is unfit for office;

The Montgomery County Sheriff’s Office is investigating Maj. Scott Landis amid allegations of inappropriate language he allegedly used while talking about a black corrections officer.

Source: Montgomery County sheriff’s major investigated for his comments | www.mydaytondailynews.com

Why would you even think of an internal investigation? And as to allegations, this one is on tape, it’s as easy as push play.

There is a small group of righteous correctional officers that have had enough. Some have gone to attorney Michael Wright for representation. There are bound to be more things coming to light as time goes on.

The housing records are very easy to pull up and look at, with the location, age, race of the prisoner all clearly marked. Even if the Sheriff tries to have the computer files wiped, I’ve got a stack of printouts of the assignments that can be verified without any access to the Sheriffs records.

It’s time to get a new sheriff in town. Our current one is either grossly incompetent, or a racist.

 

 

What you won’t find the private police working on…

Dayton Daily News cutting about SGM Woodall Murder

Gone, but never forgotten. SGM Woodall, US Army Special Forces

Dayton used to have a police force of 500 sworn officers.

The city may have less people, but it’s still shaped like an octopus and big.

Now, Dayton has around half that. Still, racially unbalanced compared to the general population.

And, still, unable to find the killer of one of their own. You’ve seen the banners on the stations- “Reward” for the killer of officer Kevin Brame.

I feel bad that I’m writing this on the 30th- instead of July 29.

It’s my annual post asking to find the killer/s of Sgt Maj North Woodall. A decorated veteran of 3 wars who was killed in a “home invasion.”

It would be easy for me to put it in my calendar and get a reminder every year, but I don’t. Because I don’t want it to be easy. I don’t want to forget Sgt. Maj. Woodall, or the fact that his killers are still on the loose. I don’t want it to be automatic- I want to have to remember. I want to feel guilty when I write a post a day late.

That front page story from the July 29, 2009 Dayton Daily news hangs, yellowing, right above my computer- “Veteran of 3 wars, 85, dies in home invasion.”

You won’t find the private police at U.D., Miami Valley Hospital, Grandview, Good Sam, Metroparks, Sinclair Community College doing a damn thing to investigate that murder- or trying to find the killers. Nope, those are the police forces of the rich white folks who’ve been running this city for long before I got here.

We have money to buy buildings for half a million dollars for which there is no public use. We find money for paying a certain demolition contractor to tear things down. We find money for developers- and give away taxes for our schools to General Electric and any other big company that waltzes into town…

And now we want more income tax. Because, our friends in high places still have their hands out…

at least those who didn’t pack up and move to the tax free (for white collar workers only) mecca of Austin Landing…

Instead of charging a $50K per year fee for each private police license- and making sure our department still has the people it needs to solve crimes, our city is coming for more money, to pay for pre-K education (because Mayor Whaley thinks shes the education goddess of Dayton). They say they want more money for police too… but, we’ve heard that before.

What we really want is killers brought to justice.

For Kevin, for his sister Karen who will never give up. For Sgt. Maj. Woodall, for whom I hope to never give up.

But, maybe, just maybe, the voters of Dayton will learn, we don’t really want to solve those crimes-

because the victims are black men.

And we all know, black lives don’t really matter in Dayton the way rich white mens lives do….

 

When the city of Dayton is the public nuisance

In fact, this is such a brilliant solution to crime that the city actively uses this with bait electronics left in plain sight to entrap car thieves.

It’s not right. It’s not the right approach. It’s how losers justify the fact that they can’t do their job- they make excuses; “we don’t have the manpower” or “the judges don’t do their job” or “we’re out of space at the jail.” Our city suffers more because we’ve grown to accept mediocre government as the norm.

From crappy basketball courts, to crappy schools, to crappy public safety forces.

Just remember, while Dayton has lost half it’s police force in the last 25 years, UD, MVH, Grandview, Good Sam, Sinclair and Metroparks all have hired their own private police force in numbers to exceed the losses by Dayton. Yes, only rich white people deserve police protection in Dayton.

That includes South Park which gets 2 MVH funded police officers thank you very much.

That doesn’t account for what I’m about to share next.

City of Dayton public nuisance stickerEvery time there is a rash of car break-ins in Dayton, someone says “the cop told me to just leave the car unlocked and let them into your car.”
Last week, the city of Dayton came to South Park and told a mentally ill man to leave his home and not come back for a year.

It wasn’t a rental. He owned it.

Yes, he’d had some calls to the house by the police. Someone OD’d one time- on the porch. But, being a den of inequity and a drug house? By the standard set around the corner– he wasn’t close. Yet, the city, declared the house a “Public Nuisance” and kicked out the residents, made it a crime to be on the property for a year, and walked away.

Did they secure the house? No.

Windows are missing. A piece of cardboard in the door isn’t “securing” anything.

If I did this, I’d be facing charges.

Photo of unsecured vacated nuisance house in Dayton OhioWhat they’ve done instead is sent a message on a bright orange sticker to scrappers to “please scrap here”- remove all the remaining copper wires, copper plumbing, appliances, mechanical systems – anything of value.

Since the owner is banned from being on the property- he can’t do it.

Gee, this is how to protect our neighborhood values?

I’ve said before that you should be happy if you get burglarized – the most dangerous crime to your property is when a bank comes and forecloses on the home next door. No matter what it was worth the day the Sheriff kicks the tenants out- it will be a lot less by the time the bank unloads it- if they can unload it. If the scrappers don’t come first.

It’s been a week since this mess was created by the City of Dayton.

Let’s see if they can board it up properly before the close of business today?

 

Black shoots back

UPDATE

9 July- this post was written early on July 8, after reading an early NYTimes article that said:

Five Dallas police officers were killed and six others were wounded by snipers on Thursday night during a demonstration protesting shootings by officers in Minnesota and Louisiana this week, the Dallas police said.

The police believe four suspects coordinated the attack with rifles, Police Chief David O. Brown said, and positioned themselves in triangulated locations near the end of the route the protesters planned to take. The police had three people in custody and were negotiating in the early-morning hours with a fourth, who was in a garage in downtown Dallas at El Centro, a community college.

Source: Snipers Kill 5 Dallas Officers at Protest Against Police Shootings – The New York Times

This was before Micah X Johnson was identified as the sole shooter, and blown up with a robot delivered bomb, to which I have other issues with.

Dallas Texas. It’s not the first time a shooting there will profoundly change the course of American history. JFK’s assassination left an indelible mark upon our nations psyche, and the killing of five law officers and wounding of others will mark a turning point.

It’s been a long time since armed blacks have struck back at a country that has systematically discounted the lives of those of color. While we may have heard of John Browns raid on Harper’s Ferry- where a white man lead black slaves to take over an armory, or the Black Panthers of California to begin open carry patrols in the late 60’s – our history texts gloss over other stories of revolt.

The shooting in Dallas won’t be glossed over.

Nor will it be the last time it happens until things change in this country.

Dr. Martin Luther King Jr., who had his life cut short by a gun, is probably turning over in his grave. He was a believer in non-violent opposition as a solution. Others, like Malcom X, who had his life cut short by a gun, is probably thinking- I tried to tell you this would happen…

But lashing out at cops, while clearly a symbolic message- you shoot us, we shoot you, is not the answer to the problem. Our system has lost its moral compass, we’ve criminalized our society to the point that we, the country of “life, liberty and the pursuit of happiness” has become the largest land of incarceration on the planet. We’ve systematically allowed an entire race to be marginalized and discounted. We’ve created economic segregation at all levels that has totally unleveled the playing field, so that only a few can really enjoy that “life, liberty and the pursuit of happiness.”

The enemy isn’t the police- it’s the laws that allow us to have different standards for different people. Take the rise of private police forces- the local universities, hospitals and even Metroparks have their own police departments- carrying guns, but not reporting to us or anyone we elect. Ask Samuel DuBose how that worked out for him in Cincinnati?

How does a broken taillight end up a death sentence? Philando Castile wasn’t the first. It wasn’t that long ago that a broken taillight was a death sentence for Walter Scott.

Think about that. A $2 lightbulb out = death sentence? Is this the country our founding fathers imagined?

It’s not even about guns anymore. It’s genocide. We don’t have to wear swastikas, or build death camps, we’re doing it because we “love our freedoms” that are enabling our country to have the casualties of war without the formality of it.

Let me break it to you slowly and clearly- only poor people are being incarcerated and killed. Yes, a majority of them are minorities, but, they all share one thing- they ain’t the rich white men who are running this country into the ground in pursuit of the almighty dollar.

And make no mistake about it- guns contribute to their profits. From the sales of guns and ammo, to the medical care for victims, to the security systems, to the private prisons, to the caskets, rich people are happy to let the poor play in the streets with guns. It’s good for business.

Students of history know that class warfare is almost always the reason for falls of empires, yet, we’ve ignored it, allowed the gap to widen, and now, we’re seeing the first shots taken.

Will the shooters be heroes? Or the cops who died? Or will this be a wake up call? History has a strange way of picking turning points in the aftermath.

All I know is that while Black Lives Matter, this is really a bigger issue. Much bigger.

Dayton will need to raise taxes to pay off the panhandlers lawsuits

In the “told you so” file-

The city of Dayton is considering new panhandling rules because its current regulations are likely unconstitutional and unlawfully restrict free speech.

The Dayton commission today is expected to introduce an ordinance to amend, replace and eliminate some regulations on solicitation that the city’s law department believes do not pass constitutional muster.

Recent court decisions have concluded that asking for money or expressing a need for assistance is protected free speech, and the Montgomery County Public Defender’s Office recently challenged Dayton’s rules on this basis.

Dayton is looking at eliminating the requirement that people who engage in solicitation register with the city. The city also is considering eradicating a prohibition on soliciting before sunrise or after dark.

“I’m glad to hear that Dayton is taking a good look at its ordinance,” said Joseph Mead, cooperating attorney with the ACLU of Ohio, which challenged the constitutionality of the city of Akron’s “anti-panhandling” ordinance. “Hopefully the city takes steps to avoid the litigation that Akron faced.

”In April 2015, the Montgomery County Public Defender’s Office filed a motion to dismiss some solicitation charges that were pending in a Dayton Municipal Court case involving Clayton Peck. Peck has been arrested more than 200 times for panhandling.

Angelina Jackson, assistant public defender, argued Dayton’s panhandling rules are unconstitutional because they prohibit certain types of speech based on content.

Jackson said the city also was inappropriately restricting First Amendment rights by requiring people to get a permit to solicit. Prosecutors dismissed the charges before a judge issued a ruling.

But today, Dayton’s own law department says the city’s ordinances on solicitation are unlikely to survive a legal challenge because of the U.S. Supreme Court’s decision in the case Reed v. Town of Gilbert, Ariz.

In that case, the Supreme Court clarified how laws that restrict the topic or content of free speech are unconstitutional.

Since then, federal courts have ruled against municipalities’ “anti-panhandling” laws for violating the free speech of poor and homeless people, according to advocacy groups.

“In the wake of that decision, a number of federal courts have invalidated panhandling laws that imposed more regulations on begging than on other forms of speech,” wrote the National Law Center on Homelessness & Poverty.

The Reed v. Gilbert case has cast doubt on the constitutionality of laws like Dayton’s that seek to restrict charitable solicitations, said Mead, the attorney.

Source: Panhandling rules could change

and go back to…

With a serious shortage of police on the street, no new hires in sight, we’re going to make holding a sign up on the corner illegal? Really?

Besides the slight problem with the U.S. constitutional protection of free speech, the city is going to “fine” or “incarcerate” panhandlers? Why not just give them minimum-wage jobs cutting grass on vacant lots instead? Between the wasting of time of valuable police officers making- oh around $30 an hour, and the cost of paperwork, court time, jail- the fines that will be levied and not collected…
Laws that can’t be enforced are laws we don’t need. The legal defense on this one, when the ACLU steps in, will cost the city thousands.

Let’s just think about this for a minute- is wearing a shirt that says “I’m homeless please help” illegal too?

Source: Dayton panhandler law- it’ll cost us. – Esrati

Naw, don’t elect Esrati, don’t listen to him, move along, nothing happening here.

Congratulations to Clayton Peck who may now get a very big check.

Too bad we can’t sue politicians for doing stupid things…