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by Danny Cross 03.02.2012
 
 
art17205widea.nar

Morning News and Stuff

O’l girl Leslie Ghiz is back on local government’s payroll after being hired by Hamilton County Prosecutor Joe Deters, which will allow her to run in a judicial race as a badass crime-fighting prosecutor (The Enquirer’s words, not mine). Deters, of course, is the former chairman of the Hamilton County Republican Party and Ghiz is the former City Council woman who was voted out last fall and then decided to move out of Cincinnati.

Tim Burke, head of the Hamilton County Democratic Party called the move “political as hell,” while Ghiz had Deters’ spokeswoman explain how Deters’ office is still allowed to hire one more lawyer if it wants to.

Ghiz will earn a $55,000 salary, down from $60,000 she made in the part-time position of City Councilperson.

Gov. Kasich is apparently really proud of the new energy goals he outlined yesterday, as evidenced by the 15 press releases he's sent to the media since then. Kasich: We have other stuff to write about other than your thoughts on how cool it is that someone called Ohio “the Saudi Arabia of coal.”

Cincinnati Police Chief James Craig would like to skip the police certification process even though he wouldn’t be able to arrest people if he does.

Riverbend has gone the way of 1970’s Riverfront Stadium, installing artificial turf on its concert lawn.

Milford 15-year-old Eben Franckewitz was voted off American Idol island last night, not quite reaching the round of 13. Good try, Eben!

Oh snap! Obama on Iran: “I don’t bluff.

Unfortunately, Mitt Romney and Rick Santorum are coming to Ohio, and they’re reportedly “neck-and-neck.”

A mentally disabled South Carolina man who has been on death row for 30 years could soon be out of prison for a bond hearing. Edward Lee Elmore’s sentence has already been overturned three times and reduced from the death sentence to life in prison. From The Washington Post:

As other death row inmates were exonerated because of new DNA testing technology, Elmore’s attorneys asked a judge in 2000 to overturn his convictions because a blond hair found on Edwards after her death did not match her or Elmore.

Elmore’s lawyers thought the blond hair may have belonged to Edwards’ next-door neighbor and they asked a judge to exhume the man’s body to test his DNA, but a judge denied the request.

It wasn’t until 2010 that Elmore began to see his fate turn around. A South Carolina judge ruled he was mentally unfit and could not be executed, per a 2002 ruling by the U.S. Supreme Court.

State prosecutors didn’t oppose a judge’s decision to sentence him to life in prison, and Elmore was, after 28 years, moved from the state’s death row to another maximum-security prison.

Weather services (and people know what the sky is supposed to look like) are concerned about tornadoes in the Midwest today. Most worrisome are extreme southern Indiana, central Kentucky and north-central Tennessee, with storms expected across the Gulf Coast states afterward.

Google offers some answers to questions about its weird privacy changes.

Oh, and it’s Bockfest Weekend. Grab your digital camera and the biggest mug you can find.


 
 
by German Lopez 10.17.2013
Posted In: News, Police, Commissioners at 08:26 PM | Permalink | Comments (0)
 
 
simon leis

Audit Slams Former County Sheriff

Simon Leis’ reign kept sheriff’s office “largely frozen in time,” audit finds

A scathing audit of the Hamilton County Sheriff’s Office (HCSO) suggests former Sheriff Simon Leis crippled technological developments, stacked leadership positions with political cronies and still kept his staff fiercely loyal during his 25-year reign over the sheriff’s office.

According to the Oct. 15 audit, the result was an agency “largely frozen in time” that failed at adopting modern standards and practices for policing and corrections facilities.

As one example, the audit found the agency still uses what it colloquially calls “The Book,” a single, massive paper-based trove of financial data and other information, instead of modern technologies, such as computer spreadsheets. Not only did the agency insist on sticking to the old ways of keeping records, but one unit head reportedly told auditors that she simply does not trust computers.

The audit presents various consequences for Hamilton County: outdated policing policies, exposure to possible litigation and an overworked, under-trained staff.

“A mid-level supervisor indicated that in his twenty-plus year career, he has never had updated use of force training beyond the initial academy. This is inconsistent with the best practices and exposes the HCSO, the County, and officeholders to unnecessary legal liability,” the audit found.

Leis’ policies also had a negative effect on newcomers trying to build a career on the county force, according to the audit.

“The command staff was comprised exclusively of personal and political associates of the former sheriff, some with no true law enforcement experience except at that level,” the audit noted. “Almost no career employees were promoted above the rank of lieutenant, despite advanced training including degrees and other training (e.g. Southern Police Institute) directly related to their careers.”

One staff commander interviewed for the audit reportedly said the failure to identify, train and promote new leaders created “The Lost Generation” at HCSO.

One explanation for the dire circumstances, according to the audit, is that the agency completely lacked inspection and planning functions that would have examined policies and practices for certain standards and established plans to fix discovered errors.

Another possible cause: The audit found that five years of cuts created staffing gaps in several areas, particularly correctional facilities.

Still, the audit found the sheriff’s staff is so loyal that its members would quickly embrace and adapt to changes given through the chain of command. “This is a key advantage, and we have no doubt that both sworn and non-sworn HCSO members will readily and rapidly implement chosen reforms and changes,” the audit claimed.

The audit recommends various new investments and changes in standards for HSCO. It notes that some of the investments, such as a greater focus on modern technology, could help make the agency’s work more efficient and allow a reduction of non-sworn staff — and the costs associated with them — through attrition.

But the investments would involve a substantial policy shift for Hamilton County, which carried out major budget cuts in the past six years just to get to a point this year where large reductions or tax increases aren’t necessary to balance the annual budget.

Hamilton County Sheriff Jim Neil promised the audit during his 2012 campaign. It was conducted by former American Civil Liberties Union attorney Scott Greenwood and former Cincinnati Police Chief Tom Streicher.

The HCSO audit:

 
 
by Danny Cross 05.18.2012
 
 
hunter

Morning News and Stuff

After 18 months in the courts, Democrat Tracie Hunter has won a Hamilton County Juvenile Court judgeship, but a GOP challenge to the court's acceptance of Hunter's challenge is likely to follow. Republican John Williams led hunter by 23 votes on election night 2010, but Hunter filed a lawsuit over provisional ballots cast at incorrect polling stations that weren't counted. After a recount of 286 provisional ballots, Hunter moved ahead by 74 votes. Republican board of election members reportedly plan to argue that the 286 should not have been recounted.

The Enquirer's Mark Curnutte today offered an analysis of recently released census data that shows a steady growth of the regional Hispanic population and a growth of minority population in areas outside the city that were once largely white. Cincinnati's data suggests that the city and region are slightly different than the nation's overall trend, which in 2011 for the first time found a majority of the country's under 1-year-old population minority (50.4 percent), up from 49.5 percent in 2010.

Included in The Enquirer's story, which included a profile of a Mexican-American Florence family that moved to Northern Kentucky eight years ago from Los Angeles:

A decrease of 1.3 percentage points in Hamilton County’s black population under 5 was countered by increases in the black population under 5 in each of the region’s six other core counties: Butler, Clermont and Warren in Ohio and Boone, Campbell and Kenton in Kentucky.

Overall, the regional population of Hispanic children under 5 years rose from 7,583 in 2010 to 8,032 in 2011, a proportional increase of 0.4 percentage points to 6.1 percent.

The family of a teenager fatally shot by a Cincinnati police officer on Fountain Square last summer has filed a federal lawsuit alleging police used excessive force and violated 16-year-old Davon Mullins' constitutional rights. Police say Mullins pulled a handgun, but the lawsuit says he had been disarmed before officer Oscar Cyranek shot him multiple times.

Cincinnati's Bike Month revelers and Over-the-Rhine residents received some good news this week when Reser Bicycle Outfitters announced the opening of an OTR location. The store could open by June 1 in the 1400 block of Vine Street.

Legislation regulating ownership and breeding of exotic animals has been approved by the Ohio House Agriculture and Natural Resources Committee, 17-4. Senate Bill 310 could get through the full House and Senate next week and be signed by Gov. John Kasich soon afterward. The ban on the acquisition, sale and breeding of certain species would take affect 90 days later.

Europe is preparing for Greece to completely duck out of the Eurozone. The world markets are feeling the pressure.

Mitt Romney has released his first general election TV ad. And he's giving cookies to the media.

Former Senator John Edwards will learn his fate today, as a jury was set to deliberate this morning on charges that Edwards used campaign funds to conceal an affair during his run for president.

More than 200 pages of documents, photos and audio recordings were released yesterday offering further details about what happened the night George Zimmerman shot and killed Trayvon Martin.

The documents include an FBI audio analysis of the 911 call placed by a resident that captured yells and screams. Two FBI examiners said they could not determine whether it was Martin or Zimmerman yelling because of the poor quality of the recording and the "extreme emotional state" of screamer.

The AP is live-blogging Facebook's stock market debut. Why does Bono have so much Facebook?

Cell phone maker Nokia has accused Apple of programming bias into its interactive Siri voice search by making it answer the question “What is the best smartphone ever?” by stating “"Wait... there are other phones?" The answer had apparently previously been “Nokia's Lumia 900.” Apple won't say whether or not it changed Siri's answer after finding the glitch.

A new study suggests that nighttime fasting can go a long way toward keeping you slim even if you eat bad stuff during the day.

Scientists have found a car-sized turtle shell.

The private space launch is scheduled for 4:55 a.m. Saturday, and there will be alcohol involved.

 
 
by German Lopez 10.27.2013
Posted In: News, Privacy, Police at 01:31 PM | Permalink | Comments (0)
 
 
mikedewine

Panel Recommends Limiting Facial Recognition Access

New program requires better oversight and clear protocols, say criminal justice officials

A panel of nine criminal justice officials on Friday recommended limiting access to Ohio’s facial recognition program and establishing protocols that would seek to make the program less prone to abuse.

The panel’s recommendations follow a nearly two-month review of current procedures and public criticisms over the programs secrecy and alleged lack of oversight.

The panel broadly looked at the Ohio Law Enforcement Gateway (OHLEG), a state database of criminal justice histories and records, but largely focused on the controversial facial recognition program, which was live for more than two months and 2,677 searches before Ohio Attorney General Mike DeWine formally announced its existence in August. The program allows police officers and civilian employees to use a photo to search databases for names and contact information; previously, law enforcement officials needed a name or address to search such databases.

The panel recommends limiting access of the facial recognition program to law enforcement, meaning police departments, sheriffs offices, state highway patrol, county prosecuting attorneys and other local, state or federal bodies that enforce criminal laws or have employees who have the legal authority to carry out an arrest. Anyone else who wants to tap into the system would need to do so with written permission from the superintendent of the Bureau of Criminal Investigation (BCI).

For those who would retain access, the panel says written policies and protocols should be developed and implemented. The recommendations extend from written rules for out-of-state officials to a training program that better establishes clear penalties for misuse and guidelines for reporting and prosecuting infractions.

The report calls for improved monitoring of the system, which it states is “perhaps the most effective measure of whether the system is being properly implemented for its intended criminal justice purpose.” The oversight should include random audits of OHLEG, one person in charge of monitoring OHLEG’s use in each local agency and a model for ideal use, according to the report.

The panel says the attorney general should also establish a steering committee comprised of criminal justice officials, along with an advisory group. The committee would be in charge of OHLEG training, monitoring and policy review, among other oversight functions.

The panel also advises the attorney general’s office to launch an education campaign that tells the public of the potential benefits of OHLEG’s programs.

Separately, the Ohio Public Defender’s Office recommends allowing citizens to access their own criminal history records through a secure Internet portal with a social security number, similar to AnnualCreditReport.com.

The panel included former Ohio Supreme Court justices, judges and law enforcement officials, among other criminal justice leaders from around Ohio.

DeWine, a Republican, says the facial recognition program is a vital tool for law enforcement to more easily identify and catch potential criminals. But critics, including the American Civil Liberties Union of Ohio and Democratic attorney general candidate David Pepper, say the program was allowed to operate for far too long without public knowledge or proper checks in place.

When asked if DeWine will implement the recommendations, Lisa Hackley, spokesperson for the attorney general’s office, wrote in an email, “The Attorney General has committed to implementing the recommendations. Some are already in progress. Others, such as those requiring new computer programming, may take longer.”

The full report:



Updated at 10:04 p.m. with comment from the attorney generals office.

 
 
by Kevin Osborne 05.01.2012
 
 
osha

Morning News and Stuff

A federal investigation into a January construction accident at the Horseshoe Casino site is now completed and the fines in the case have been reduced. The Occupational Safety and Health Administration originally imposed $108,000 in fines, but has since cut that amount in half. Thirteen workers were injured when a concrete floor they were pouring gave way. Four firms were cited in the mishap.

An article in a journal published by the American Heart Association states that a review of eight cases indicates the use of electrical stun guns by police can cause cardiac arrest. Douglas Zipes, a physiologist with Indiana University, wrote the article that examines the effects of the Taser X26 ECD. At least three people have died locally in recent years after being shocked by Tasers, most recently a North College Hill man who was shocked at the University of Cincinnati last August. Police in Colerain Township and Fairfax have stopped using stun guns, but Cincinnati police officers still use the devices.

A single woman who used artificial insemination to become pregnant has filed a federal lawsuit against the Archdiocese of Cincinnati after she was fired from her teaching job at a Catholic school. Christa Dias, who was fired in October 2010, isn't Catholic and says she wasn't aware of the church's teachings against the procedure. She taught computer classes and had no ministerial duties at the school. Employment law experts expect the issues involved in the case will attract national attention and could set a precedent.

Nine local schools will receive part of a $21 million federal grant given to the state of Ohio to help improve low-performing schools. The Cincinnati facilities that will get aid are Rothenberg Preparatory Academy, Woodward Career Tech High, South Avondale Elementary, William H. Taft Elementary, George Hays-Jennie Porter, Schroder Paideia High, West Side Montessori High, Oyler and the district's Virtual High School. Local school officials say the grant money has been used the past two years to take all but one school out of the “academic emergency” classification.

Cincinnati City Council could vote as soon as Wednesday on a proposal to extend insurance benefits to the same-sex partners of city employees. A council committee voted 8-0 Monday to give tentative approval to the plan, which was lobbied for by Councilman Chris Seelbach, the first openly gay man to serve on the group. The benefit is expected to cost the city between $300,000 and $540,000 annually, depending on how many claims are filed. Councilman Charlie Winburn, a Republican and evangelical Christian minister, abstained from the vote.

In news elsewhere, documents seized from Osama bin Laden's hideaway in Pakistan after his death reveal the terrorist leader was worried about al-Qaeda's image. The records show bin Laden trying to reassert control over factions of loosely affiliated jihadists from Yemen to Somalia, as well as independent actors whom he believed had sullied al-Qaeda’s reputation and muddied its central message. Bin Laden was killed in a raid by Navy SEALs on May 2, 2011.

British lawmakers said today that global media tycoon Rupert Murdoch is unfit to run a major company and should take responsibility for a culture of illegal telephone hacking that has shaken News Corp. A parliamentary committee said Murdoch and his son, James, showed "willful blindness" about the scale of phone-hacking that first emerged at Murdoch's News of the World newspaper. In the United States, Murdoch owns the Fox News Channel, The Wall Street Journal and The New York Post.

President Obama expressed support Monday for the blind Chinese dissident at the center of a standoff between Beijing and Washington. Speaking at a press conference, Obama said he wouldn't address specifics of the Chen Guangcheng case, but then went on to urge Beijing to address its human rights record. It's believed that Chen is hiding at the U.S. Embassy in China, but officials have declined to confirm the speculation or whether negotiations are underway.

Although most Republican politicians are united in their opposition to federal health-care reforms known as “ObamaCare,” they disagree on what should replace it, Politico reports. Even after three years of railing against Obama’s plan, Republicans haven't coalesced around a full replacement plan. Although most Republicans support the health law’s requirement that insurance companies accept all applicants, the main replacement plan put forward by the GOP ignores that idea.

Violence continues in Syria between government forces and rebels despite both sides agreeing to a United Nations-sponsored ceasefire. A human a rights group reported 10 civilians were killed in an army mortar attack and 12 soldiers killed in a firefight with rebel gunmen today as U.N. monitors tried to broker an end to the fighting, which has lasted more than a year.
 
 
by Kevin Osborne 01.09.2012
Posted In: Police, Public Policy, Spending, City Council at 06:49 PM | Permalink | Comments (0)
 
 
police chief

Meet the Police Chief

Residents will get a chance to ask Cincinnati Police Chief James Craig some questions at a public meeting this week.

Craig, who was sworn in as the city’s 13th police chief in August, will be the featured speaker at the annual meeting of Citizens for Civic Renewal (CCR). The session will be held from 6-8 p.m. Wednesday at Kingsgate Marriott Conference Center in Corryville, near the University of Cincinnati.

Read More

 
 
by Danny Cross 02.24.2012
Posted In: 2012 Election, President Obama, Science, Sports, Police at 09:55 AM | Permalink | Comments (0)
 
 
art23269widea

Morning News and Stuff

The Enquirer today looks into an issue CityBeat investigated back in May of last year — the ongoing debate weighing the danger police pursuits pose to innocent bystanders and the police officers themselves. Our story referenced the March 16, 2011 deaths of a downtown taxi driver and his passenger when a fleeing suspect broadsided the taxi. In that case, the Cincinnati Police Department determined that police had followed the department’s pursuit policy. The Enquirer’s story suggests that Cincinnati Police routinely fail to follow the pursuit policy and that crashes and injuries during police chases occur more here than the national average.

President Obama dropped $90 mil on a couple of local non-profit development companies. Cincinnati Center City Development Corp. (3CDC) and the Uptown Consortium were awarded $50 million and $40 million tax credits, respectively, by the U.S. Department of the Treasury as part of a program aimed at spurring retail and residential growth. 3CDC says it plans to create a rock climbing wall/juice bar/light-free techno dance hall in order to draw more YPs to the area. (Just kidding.)

P&G plans to cut 5,700 jobs next year (and we just had our resumes all cleaned up to prove we could write the best stories about how Tide makes clothing — and life — better for everyone…).

A 15-year-old Milford High School freshman named Eben Christian Franckewitz has advanced to next Thursday’s live episode of American Idol. Franckewitz is reportedly the first area reside to become one of the 24 Idol semifinalists. Pick it up, area talented people!

The New York Police Department is defending its recent practice of spying on mosques using tactics it normally reserves for criminal organizations. The AP got a hold of documents that showed police "collecting the license plates of worshipers, monitoring them on surveillance cameras and cataloging sermons through a network of informants."

The new documents, prepared for Police Commissioner Raymond Kelly, show how the NYPD's roster of paid informants monitored conversations and sermons inside mosques. The records offer the first glimpse of what those informants, known informally as "mosque crawlers," gleaned from inside the houses of worship.

Chicago Mayor Rahm Emanuel says his police would never spy on Muslims.

Officials in Australia have opened another investigation into the 1980 death of a 9-week-old baby whose parents say was taken away by a dingo. The mother was convicted of murder and later cleared of the charge.

Seven Marines were killed in a training crash near the California-Arizona border Wednesday night, one of the deadliest training crashes ever. Officials say it will take weeks to determine why the two helicopters crashed in midair during a routine exercise.

JC Penny lost $87 million in the fourth quarter of 2011. CEO Ron Johnson says it’s cool, though, because the company was getting a makeover and those are expensive.

On the other side of the fence dividing companies that lose money and companies that make mass of it, Apple is so flush its CEO says the company has too much cash. Tim Cook is reportedly “wondering what to do with the company's $97.6 billion.

More drivers than ever are about to be paying $5 per galling for gas, although if we vote Newt Gingrich for president he’ll make it $2.50.

A new study says that global warming could shrink the human race. Wait, what?!? It’s true: NEW GLOBAL WARMING THREAT: HUMAN RACE MAY SHRINK. Great ... just great.

Oh, and the UC basketball team beat No. 17 Louisville last night, a big step toward playing in the NCAA Tournament for the second straight year. Nice, one-handed jam, Dion!

 
 
by German Lopez 07.26.2013
Posted In: News, Police, Budget, LGBT at 09:18 AM | Permalink | Comments (0)
 
 
ramundo photo

Morning News and Stuff

Meet Roger Ramundo, city budget cuts could be reduced, AG won't appeal marriage order

Meet Roger Jeremy Ramundo, the man police shot and killed on July 24 after what’s now being called a “life or death struggle.” Police say they first tried to subdue Ramundo, who had a history of mental health problems. But when Ramundo fired his gun once, an officer retaliated by firing two fatal shots into Ramundo’s left back. For family members and colleagues, Ramundo’s death came as a shock; none of them seemed to expect that he could turn violent. Ramundo was diagnosed with bipolar disorder and generalized anxiety disorder, according to the health care worker who notified police that Ramundo left home with his licensed gun, but he had been refusing to take his medication for either illness at the time of his death.

Budget cuts to human services, parks and other areas could be retroactively reduced or eliminated with higher-than-projected revenues from the previous budget cycle, Vice Mayor Roxanne Qualls announced yesterday. When City Council passed the city’s operating budget in May, it had not yet received the full revenue numbers for the fiscal year that ended on June 30. With the full numbers expected to come in higher than originally projected, Council will be able to evaluate options for what and how much can be restored. Human services funding was cut by roughly one-third in the city budget, putting it at 0.3 percent of overall spending — far below the city’s historic goal of 1.5 percent.

Ohio Attorney General Mike DeWine won’t appeal the temporary restraining order that forces the state to recognize a Cincinnati same-sex couple on their death certificate, but DeWine says he’ll continue defending the state’s ban on gay marriage. Lisa Hackley, DeWine’s spokesperson, noted that such restraining orders are normally not susceptible to appeal. Hackley’s explanation contradicts an earlier report from The Cincinnati Enquirer that the order was going to be appealed. Meanwhile, FreedomOhio says it will try to put an amendment legalizing marriage equality on the November 2014 ballot, which CityBeat covered here when the group was still aiming for the 2013 ballot.

The I-71/MLK Interchange yesterday moved closer to its $107.7 million funding goal when Ohio’s Transportation Review Advisory Council gave preliminary approval to Gov. John Kasich’s transportation plan, which will use $3 billion raised through Ohio Turnpike revenues to fund infrastructure projects around the state.

The Ohio Supreme Court will review whether anti-gambling opponents of racinos have standing to sue. Among other issues, critics argue that Kasich’s legalization of video lottery terminals didn’t represent an actual extension of the Ohio Lottery, which is why the state claims it was allowed to legalize the gambling machines without voter approval. The state’s Supreme Court says it will decide the issue after it rules on a similar case involving privatized development agency JobsOhio.

Democrats are voicing uncertainty about whether Republicans will actually take up a Medicaid expansion bill in September. Republican legislators rejected the expansion in the state budget, but they’ve said they will take up the issue in the fall. The Health Policy Institute of Ohio found the expansion, which is funded mostly through federal funds from Obamacare, would insure half a million Ohioans and save the state money over the next decade.

Charter schools’ big challenge: finding space to house their facilities.

An Ohio gun group raised $12,000 to buy George Zimmerman a gun or security system.

Drivers, beware: Hackers could soon be crashing your cars.

Drinking coffee has been linked to a 50 percent lower risk of suicide.

 
 
by Nick Swartsell 07.07.2015
Posted In: News, Police at 01:13 PM | Permalink | Comments (0)
 
 
news_bones2_dsorcher

Officers Charged with Covering Up Accident for Controversial Cop

Sgt. Andrew Mitchell, involved in the 2011 shooting of David "Bones" Hebert, was allegedly removed from crash scene by other officers

Two Cincinnati Police Officers have been charged in the cover up of a car accident involving a third officer, Sgt. Andrew Mitchell. Mitchell was the same officer who shot and killed local musician David “Bones” Hebert in Northside in 2011, according to a source within the department.

According to court documents filed Saturday, Mitchell was off duty and driving his personal vehicle, a Honda Odyssey, on West McMicken Avenue in Fairview at 5 a.m. when he ran into a pole. Afterward, Officers Jason Cotterman and Sgt. Richard Sulfsted concealed Mitchell from witnesses, helped him get home and did not fully investigate the accident, according to charges pending against them in Hamilton County Municipal court.

Sulfsted was the supervisor on duty at the time. 

Both Cotterman and Sulfsted face multiple counts of obstructing justice and dereliction of duty. They’re expected in court July 16. Mitchell faces charges in relation to the accident, including reckless operation of a motor vehicle.

“Resulting from an internal Cincinnati Police Department investigation, three Cincinnati Police officers have been arrested and had their police powers suspended pending the outcome of court proceedings, which are now underway,” City Manager Harry Black said in a memo released today.

The memo reveals that the incident was reported to CPD’s internal investigation unit the next day, and that law enforcement officials and prosecutors have reviewed the case for months.

The accident and subsequent cover-up charges raise questions that have yet to be addressed as Cincinnati Police continue their investigation, including the nature of Mitchell’s activities that night along West McMicken Avenue, his fellow officers’ motivations for the alleged cover-up and why Mitchell has remained on the force following other questionable situations in his past service.

Police haven't responded to multiple requests for comment on the charges, and a voicemail box for CPD's public information office is full, according to an automated message. CityBeat has filed public records requests for more information on the incident.

Mitchell's shooting of Hebert in 2011 was controversial, causing a number of protests and investigations in Cincinnati. The shooting also led to a 2012 wrongful death lawsuit against the Cincinnati Police Department. That lawsuit claimed Hebert was complying with instructions given by an investigating officer when he was shot and killed by Mitchell in Northside. The suit also claimed excessive force was used and that Mitchell “acted intentionally, recklessly, wantonly, and with deliberate indifference to the constitutional rights of Mr. Hebert.”



Mitchell shot Hebert after officers responded to a 911 call around 3 a.m. alleging that Hebert had robbed and assaulted an intoxicated man with a pirate sword. Hebert was located sitting on a sidewalk on Chase Avenue 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.
  


Independent and police investigation into the shooting found that responding officers, including Mitchell, got too close to Hebert and did not have a plan for engaging him, a violation of CPD procedure. Reports show that responding officers barely spoke with each other about the situation before engaging Hebert. Despite the fact he didn’t follow procedures, three internal investigations cleared Mitchell of wrongdoing. 



That wasn’t the only controversial incident involving Mitchell, however. In January of 2008, he was the subject of a civil rights suit after he allegedly used a taser improperly against a teenager. Mitchell allegedly tased Christopher Bauer from his police cruiser after he asked Bauer to stop. However, the teen was wearing headphones and a hoodie and didn’t hear the command. Bauer’s suit says he fell face forward and sustained substantial injuries during the incident. Mitchell was eventually placed on a 40-hour suspension after exhausting appeals within the department’s disciplinary system.

CityBeat will update this story as more information becomes available.
 
 
by 06.07.2011
Posted In: News, City Council, Police, Charter Committee at 05:17 PM | Permalink | Comments (0)
 
 

Bortz Probe Ends with Uncertainty

City Manager Milton Dohoney Jr. says allegations by two municipal workers that a Cincinnati councilman used a racial slur can neither be proven nor disproven, so the charge has been dropped as “unfounded.”

In a three-page memorandum given today to the city's Human Resources Department, Dohoney announced that there will be no disciplinary action taken against the two workers due to the administrative investigation concluding “there were no unbiased witnesses to the incident.”

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