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.
Just two days before the general election, President Barack Obama made his case to 13,500 people packed into the University of Cincinnati’s Fifth Third Arena and 2,000 in an overflow room.
Obama cast the race in comparisons to the previous two presidents, comparing his policies with those of Bill Clinton and equating Republican challenger Mitt Romney’s plans with those of George W. Bush.
“So stay with me then,” Obama said. “We’ve got ideas that work, and we’ve got ideas that don’t work, so the choice should be pretty clear.”
With less than 48 hours before polls open on Election Day, a Reuters/Ipsos daily tracking poll had Obama and his Republican challenger locked in a statistical dead heat. However the same poll showed Obama with a slight edge in Ohio, up 48 percent to Romney’s 44 percent.
Obama touted his first-term accomplishments, including ending the war in Iraq; ending Don’t Ask Don’t Tell, the policy preventing homosexuals from serving openly in the military; and overhauling the country’s health care system.
“It’s not just about policy, it’s about trust. Who do you trust?” the president asked, flanked by a sea of supporters waving blue “Forward” signs.
“Look, Ohio, you know me by now. You may not agree with every decision I’ve made, Michelle doesn’t always agree with me. You may be frustrated with the pace of change … but I say what I mean and I mean what I say.”
Nonpartisan political fact-checker PolitiFact on Nov. 3 took a look at Obama’s record on keeping his campaign promises from 2008. The group rated 38 percent as Kept, 16 percent Compromised and 17 percent Broken.
Twice during his speech the president was interrupted by audience members shouting from the stands.
The first was a man on the balcony level of the arena interrupted, shouting anti-abortion slogans and waving a sign showing mutilated fetuses before being dragged out by about five law enforcement officers. Both were drowned out by supporters.
Music legend Stevie Wonder opened the rally for Obama, playing a number of his hits, opening up “Superstition” with a refrain of “on the right track, can’t go back.”
Wonder discussed abortion policy between songs and urged Ohioans who had not already voted to do so either early on Monday or Election Day.
So far, 28 percent of Ohio voters have already cast their ballots. CNN reports that those votes favor Obama 63/35, according to public polling.
Meanwhile on Sunday, Romney campaigned before an estimated crowd of 25,000 in Pennsylvania, according to the Secret Service.
Political rallies always draw a number of the loyal opposition, and this late-evening appearance was no different. Only five people protested near the line to the arena, but what they lacked in number they attempted to make up for in message.
One large sign read “Obama: 666” and another “Obama is the Beast,” alluding to a character in the Christian Biblical book of Revelation.
A man who only identified himself as Brooks carried a large anti-abortion sign that showed pieces of a dismembered fetus.
“I’m here to stand up for the innocent blood that has been shed in this land to the tune of 56 million,” Brooks said. He said he was opposed to the politics of both major party presidential candidates.
“I pray for Barack Obama because his beliefs are of the Antichrist, just like Romney,” Brooks said.
Brooks said his message for those in line was for them to vote for Jesus — not on the ballot, but through their actions and through candidates that espoused Christian beliefs.
“Obama is not going to change things, Romney is not going to change things,” Brooks said. “In the last days there are many Christs, but not the Christ of the Bible. The Christ of the Bible is not for killing children, is not for homosexual marriage.”
A federal judge has ordered police to stop ticketing Occupy Cincinnati protesters after the group filed a lawsuit against the city for banning people from Piatt Park when it closes. The city has already ticketed protesters approximately $25,000.
J. Robert Linneman, one of the attorneys who filed the suit, according to Bloomberg Businessweek:
"This case is not about the whether you agree with the political views of Occupy Cincinnati or Occupy Wall Street; it's about the right of the people to assemble in a public park and to engage in protected speech."
It seems Ohio may soon get a controversial voter ID law. While speaking at a Tea Party event in Cincinnati on Monday, Secretary of State Jon Husted said the General Assembly is likely to take up a voter ID law after the November election.
“I was listening to a show one night where they talked about these onerous rules, these onerous photo ID rules and the onerous rules in Ohio on photo ID,” he said. “Well, the photo ID law in Ohio is not onerous. As a matter of fact, I suspect the General Assembly will take up a more strict version of what we have after what we’ve been through with this election process.”
Later on, an audience member commented on the issue by pointing out Ohioans can currently identify themselves with 12 different types of ID. In response, Husted clarified his position: “We need to streamline that because it’s really hard for a poll worker to know exactly what they’re supposed to be checking. And I’m quite confident the legislature is going to take that issue up.”
Under current Ohio law, voters can go to the polls with state ID cards, driver’s licenses, military IDs, utility bills, paychecks, bank statements and other forms of ID. Republicans have sometimes criticized the many options, particularly for not being state-issued and not requiring a photo.
Other states have taken up voter ID laws. Pennsylvania’s controversial law requires voters to have state-issued photo ID. A Pennsylvania court recently upheld the law, but the Pennsylvania Supreme Court vacated the decision today and asked the lower court to reconsider. The ruling from the Pennsylvania Supreme Court gives lower courts room to strike down the law.
Democrats criticize ID laws for suppressing voters. A study from researchers at the University of Chicago and Washington University in St. Louis found nearly 700,000 young, minority voters will be unable to cast a ballot due to voter ID laws. Both young and minority voters tend to side with Democrats.
Republicans say the laws are necessary to protect elections from voter fraud. However, studies suggest in-person voter fraud is not a serious, widespread issue. A News21 report, a Carnegie-Knight investigative reporting project that looked at national public records, found 10 cases of alleged in-person voter fraud since 2000. That’s less than one case a year nationwide.
Husted’s office could not be immediately reached for comment. This story will be updated if a comment becomes available.
UPDATE (4:25 P.M.): Matt McClellan, spokesperson for Husted, called CityBeat after this story was published.
"The Tea Party has generally been critical of the secretary's position on voter ID," he said, referring to Husted's past opposition of strict voter ID laws. "The comments he made at the event last night were environmental in general about what the secretary thought had been happening at the statehouse. His position, in general, is unchanged."
When pressed about what Husted meant when he advocated for "streamlining" laws, McClellan said Husted supported "simplification" of the current system. McClellan could not offer more details on what that means, and he said specifics would be up to the legislature to decide.
Chris Redfern, Ohio Democratic Party chairman, responded to Husted’s suggestions in a statement: “As if Secretary of State Husted has not done enough to undermine access to Ohio’s polls, now he’s planning a secret post-Election Day assault on what forms of identification voters can present to cast a ballot. It’s no surprise that after slashing voting access across the state, using his office for partisan advantage, and lying about Issue 2, now Husted is making plans to create obstacles for African Americans and seniors to vote.”
“In the councils of government, we must guard against the acquisition of unwarranted influence, whether sought or unsought, by the military-industrial complex. The potential for the disastrous rise of misplaced power exists and will persist.” — President Dwight Eisenhower, Farewell Address (1961)
Violence begets violence; it certainly doesn’t have the effect of bringing about effective communication that ultimately leads people to understand and embrace positive actions. So why would Ohio schools – institutions of learning and thought – allow hitting kids as punishment?
During an election year, city council and the mayor member profess to care about the most vulnerable in our society, but their actions are speaking much louder than words. Mayor Mark Mallory allowed a city budget proposal to go forward that would have eliminated all human services funding and the meager investment was only restored after groups like the YWCA Battered Women’s Shelter and the Greater Cincinnati Coalition for the Homeless organized strong and vocal opposition and the money was restored.
Ohio Secretary of State Jon Husted announced today he will direct Ohio’s county boards of election to adopt standardized early voting hours.
In-person early voting begins on Oct. 2. In a directive, Husted said he wants the first three weeks to be kept to standard voting hours, or 8 a.m. to 5 p.m. on weekdays. An exception is made for Oct. 9, which will have voting hours of 8 a.m. to 9 p.m., to make up for polls being closed on Oct. 8 in observance of a state holiday.
For the final two weeks of early voting, Husted said he wants hours extended to 8 a.m. to 7 p.m. Another exception is made for the final day of early voting — Nov. 2 — that has voting hours last from 8 a.m. to 6 p.m. because state law requires all early voting ends at 6 p.m. on Nov. 2.
The polls will still not be open on weekends throughout the entire process, however.
The news comes amid a state issue that has gained national attention in recent weeks. Democrats have been accusing state Republicans of suppressing Democratic votes by extending in-person early voting hours in predominantly Republican counties and keeping shorter hours in predominantly Democratic counties.
Ohio Democrats are not pleased with the call to uniform rules. Jerid Kurtz, spokesperson for the Ohio Democratic Party, told CityBeat yesterday that the call for uniform rules is “pure silliness.” He said counties have differences, so they need different voting rules. He called on Husted to stop worrying about uniformity and county budgets and instead worry about managing elections and “empowering people to vote.”
Today, Democrats released another statement lashing out at the uniform rules. In a statement released shortly after Husted's press conference, Chris Redfern, chairman of the Ohio Democratic Party, said the new directive was limiting voting access by eliminating weekend voting and slashing hours.
However, the directive will actually extend early voting
hours in the predominantly Democratic counties of Lucas, Cuyahoga,
Summit and Franklin that were bound to the old hours of 8 a.m. to 5 p.m. throughout the entire early voting process.
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.