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.
Cincinnati City Councilman P.G. Sittenfeld wants his colleagues to approve a police recruit class for next year, the first since June 2008.
There currently are 1,022 sworn officers in the Cincinnati Police Department, along with 115 non-sworn staff. The high-mark during the past decade occurred in 2008, when there was a total of 1,148 sworn officers and 229 non-sworn staff.
By November 2013, based on department retirement projections and without the addition of a new recruit class, the Police Department's complement will be down to 964 sworn officers — 184 fewer sworn officers than in 2008.
“By the end of 2014, without the addition of a recruit class, our police force will be 197 officers below the authorized complement level,” Sittenfeld wrote in a memo to his colleagues.
“The Police Department has communicated the importance of a recruit class as a simple reflection of the numbers,” he added. “In the same way that council has needed to be realistic about our highest police staffing levels being financially unsustainable, we must also be realistic about how low we can allow staffing levels to fall and still provide the service that is expected.”
Other council members haven’t yet weighed in on the issue, which is a topic that likely will be brought up during budget hearings later this year.
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.