With a current budget proposal pending before Cincinnati City Council calling for laying off up to 112 police officers, police supervisors are working on a new plan for responding to calls for service.
The plan, dubbed the Police Differential Response Program, is an attempt to reduce the number of calls for service that the department responds to on a daily basis. Under the plan, police won’t send a patrol car for certain types of calls.
The lawsuit claims that Hebert was complying with instructions given by an investigating officer when he was shot and killed by Mitchell. The suit claims excessive force was used and that Mitchell “acted intentionally, recklessly, wantonly, and with deliberate indifference to the constitutional rights of Mr. Hebert.”
Hebert was shot and killed by Mitchell after officers responded to a 911 call around 3 a.m. during which an intoxicated man alleged to have been robbed by Hebert and assaulted with a pirate sword. Hebert was located sitting on a sidewalk on Chase Avenue in Northside about 10 minutes later. During subsequent questioning, officers say Hebert drew a knife and moved toward an investigating officer, causing Mitchell to believe the officer’s life was in danger. Mitchell shot Hebert twice, killing him. Toxicology reports found Hebert to have a blood alcohol content of 0.33 at the time of his death, along with marijuana and psychedelic mushrooms in his system.
Three investigations cleared police of any wrongdoing, but Friends of Bones says the facts from the investigations show Hebert complied with police orders during the encounter.
The lawsuit demands a trial by jury and compensatory and punitive damages, along with attorney’s fees, costs, disbursements and additional relief as the court deems proper. The suit, which is embedded below, was published on the “Friends of Bones” website (www.friendsofbones.org).
The incident has drawn considerable media attention, especially this week in conjunction with the anniversary of the shooting.
The Cincinnati Enquirer on Monday published a story titled “Reports: Cops came too close in killing of David 'Bones' Hebert” comparing accounts of the incident in public records to standard Cincinnati Police Department guidelines, which concluded that “police officers got dangerously close and failed to have a plan before approaching Hebert, who police thought was carrying a sword or large knife.”
Cincinnati Magazine’s May issue will feature a story, “Salvaging Bones,” which is subtitled: “David Hebert was a lot of things: the dreadlocked maker of burritos; a punk rocker; a womanizing, tatted-up former Jesus freak with a kind heart and a wild streak. What he wasn’t was a guy you’d expect to find dead at the end of a police standoff.”
CityBeat on Sept. 14, 2011 published a story titled “Digging Up Answers for Bones” in which friends and family of Hebert alleged that Hamilton County Prosecutor Joe Deters’ closing of the investigation was politically motivated.
CityBeat on May
4, 2011 published a story titled “A Shot in the Dark,” detailing
the early questions that surrounded the incident.
(**UPDATE FOLLOWS BELOW)
A sanitation worker has filed an incident report with Cincinnati Police alleging City Councilman Chris Bortz threatened him and used a racial slur while doing so.
The alleged incident occurred Thursday morning outside of Bortz' townhouse in Mount Adams, when the worker blew the horn on his garbage truck a few times because the vehicle's path was blocked by the councilman's parked car.
Our friends at Pittsburgh City Paper have roundup stories and a comprehensive blog section of coverage from the recent G-20 summit in their town (with some video, including this shot of police roughing up a protester). Much of the coverage focuses on the arrest of more than 100 people at a demonstration last Friday in the Oakland neighborhood near the University of Pittsburgh.
A web site called What Happened at Pitt?!?! has been launched by students there to focus attention on alleged police misconduct during the protest. As the web site asks, certainly rhetorically, "Why were we beaten? Why were we shot at? Why were we arrested? Why were we treated as criminals in our own neighborhood?" Students are holding a rally tonight called "Oakland Unites for First Amendment Rights."
Once upon a time, there was a mockumentary made about the Punk band, the Sex Pistols. Filmed some 30 years ago, The Great Rock'n'Roll Swindle parodied the cliches of the music industry by charting the creation, rise and breakup of the group.
Now, the leader of Cincinnati's police union has formed a similarly titled group on Facebook, called Citizens Against Streetcar Swindle (CASS).
As CityBeat did in the 2007 and 2009 election cycles, we’ve once again sent a questionnaire to the non-incumbent Cincinnati City Council candidates to get their reactions on a broad range of issues.
Nine of the 14 non-incumbents chose to answer our questions. Others either didn’t respond or couldn’t meet the deadline.
During the next few weeks, we will print the responses from the non-incumbents to a different topic each time.
Today’s question is, “The Police and Fire departments constitute 69 percent of the city's General Fund spending. Do you believe this amount can be lessened without affecting public safety?”
Forget what Lou Dobbs, Arizona Gov. Jan Brewer and U.S. Sen. John McCain are saying about the dangers coming into this nation from Mexico. A recent study suggests it's Mexicans who should be irate about the United States.
Police reports have already shown that crime is actually down in many towns along the U.S.-Mexico border, despite the fear-mongering tactics used by politicians who want to crack down on illegal immigration. And even Brewer was forced to admit earlier this month that no decapitated bodies have been found by U.S. law enforcement personnel, as she previously claimed.
David M. Kennedy, whose Operation Ceasefire program has helped turn around Cincinnati's homicide rate, will be back in town Oct. 11 to discuss his new book, Don't Shoot: One Man, a Street Fellowship and the End of Violence in Inner-City America.
The book, which will be published Oct. 4, relays how Kennedy's Ceasefire philosophy works and how he came to craft it via a long journey that included “riding with beat cops, hanging with gang members and sitting on stoops with grandmothers.”
It was the first opportunity council members had to publicly question the budget’s architects. The proposed budget would cover the first half of 2013. The city is switching over to a fiscal year starting in July.
Many council members expressed concern over the plan to use $21 million from a proposed 30-year lease of the city’s parking meters, garages and lots to help close a $34 million budget deficit.
“It seems like … the city budget wins, but the citizens are losing,” said Councilman P.G. Sittenfeld.
City Manager Milton Dohoney said the parking facilities net Cincinnati about $7 million a year. That would equal out to about $210 million over 30 years.
Sittenfeld called into question the wisdom of leasing the facilities for an estimated $50 million and taking half of the profit, for an earnings of about $150 million over 30 years.
Other council members expressed concern that whoever leased the parking would hike rates, something Councilman Cecil Thomas dismissed.
“The market would dictate the rates that are charged,” he said.
Dohoney said a combination of cuts, savings, revenue, projected growth and one-time funding sources helped eliminate the $34 million deficit. He said a budget containing only cuts would result in the layoff of 344 city workers.
A slide show provided by the city showed that 802 positions had been cut since 2000.
Dohoney advocated eliminating the property tax rollback promised as part of the deal to build two new sports stadiums in 1996. He said it would bring in about $9 million a year. However council has had little appetite to allow any increase in taxes as the city recovers from the Great Recession. Property taxes make up about 6 percent of the budget fund used to pay most of the city's operating expenses.
The cuts proposed in the 2013 budget include eliminating
support for public access company Media Bridges, the Downtown and
Neighborhood Gateways Program, Juvenile Firesetter Program and Arts
It would also eliminate the Cincinnati Police Department’s Mounted Patrol, which covers downtown on horseback. Dohoney said that would allow Cincinnati Police Chief James Craig to redeploy those nine officers elsewhere. Dohoney said Craig had asked for a new recruit class of 50, but Dohoney requested 30. He said the additional nine from the horse patrol would bring that closer to 40.
Dohoney said he was also allowing 10 additional recruits to cover patrols of University Hospital, which is no longer going to use University of Cincinnati police starting Jan. 1.
He said the police department would also look for ways to save money by increasing the involvement of civilian members who could do things like take reports of non-injury car accidents.
Councilwoman Laure Quinlivan asked if the budgeteers had considered restructuring the police force to save money. She has long been a proponent of “right-sizing” the police and fire forces, saying staffing levels remain at a high while the city’s population is shrinking.
The proposed budget also includes investments in business groups that promote economic development, like the Port Authority, Greater Cincinnati Partnership, Film Commission and African American Chamber of Commerce.
Councilman Chris Seelbach praised Dohoney and his budget team, saying he saw Cincinnati as being better off than it had been six years ago. But he also said he’d like to see the administration focus on people who are barely getting by instead of businesses and developers.
“There is a focus on helping people make more money that are already making a lot of money,” Seelbach said. “Helping people that aren’t paying a lot of taxes still pay very little.”
Cincinnatians can weigh in on the budget in a public hearing Thursday evening at 6 p.m.