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by Nick Swartsell 07.07.2015 88 days ago
Posted In: News, Police at 01:13 PM | Permalink | Comments (0)

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 German Lopez 05.06.2013
Posted In: News, Budget, Police, Republicans at 09:29 AM | Permalink | Comments (0)
downtown grocery

Morning News and Stuff

Parking hearing today, police chief may go, tea party planning against GOP

The First District County Court of Appeals heard arguments over the city’s parking plan and emergency clause powers today, with both sides making similar arguments as before — except this time the city acknowledged it will probably have to move forward with layoffs because the city only has a few weeks remaining before it has to balance the budget for fiscal year 2014, which begins July 1. The city claims it can use emergency clauses to expedite legislation, such as the parking plan, by eliminating a 30-day waiting period and the possibility of a referendum, but opponents argue the wording in the City Charter doesn’t justify terminating referendum efforts. If courts side with opponents, the city’s plan to lease its parking assets to the Port Authority, which CityBeat covered here, will likely appear on the ballot in November, forcing the city to lay off cops, firefighters and other city employees instead of using the parking plan to help balance the budget.

It’s looking more and more likely that Cincinnati Police Chief James Craig will take the top police job in Detroit, despite Cincinnati officials asking Craig to reconsider. Previously, Councilman Charlie Winburn, the lone Republican on City Council, pushed city officials to do more to encourage Craig to stay, but City Manager Milton Dohoney Jr. said Craig’s motivations may be personal because his family resides in Detroit, a city that is in desperate need of a turnaround.

Ohio’s tea party groups are preparing to either split from the Republican Party or punish Republican leaders for recent actions, according to The Columbus Dispatch. Tea party groups have been particularly upset with Gov. John Kasich’s endorsement of the Medicaid expansion, which CityBeat covered in further detail here and here, and Ohio Republicans’ election of Matt Borges, who once lobbied for a gay rights group, as chairman of the Ohio Republican Party. Since the 2010 elections, tea party groups have kept political footholds in some areas, but they have consistently lost favor with voters.

In case you missed it, here was CityBeat’s news coverage for the current week’s issue, which went online late because of Internet issues:

A portion of the Ohio House budget bill would make it more difficult for out-of-state students to vote in Ohio by forcing public universities to decide between extra tuition money and providing documents that students need to vote. Republicans say the rule is meant to lower tuition and prevent out-of-state students from voting on local issues they may know little about, but Democrats, backed by university officials, say the rule suppresses college-going voters, who tend to support Democrats over Republicans.

Ohio Senate President Keith Faber said there is no substantial Republican support in the Ohio House, Ohio Senate or governor’s mansion for so-called “right to work” legislation. The lack of support for the anti-union laws, which prevent unions and employers from making collective bargaining agreements that require union membership, may be linked to 2011’s voter rejection of Senate Bill 5, which would have limited public unions’ collective bargaining and political powers. S.B. 5 was one reason unions, including the Republican-leaning Fraternal Order of Police, supported Democrats in 2012.

Despite security concerns in the aftermath of the Boston Marathon, Sunday’s Flying Pig Marathon had a record 34,000 participants.

Ohio gas prices are trending up this week.

Now on Kickstarter: Genetically modified plants that glow.

by German Lopez 08.14.2013
Posted In: News, Police, Health care, LGBT Issues at 09:03 AM | Permalink | Comments (0)
evolution of equality

Morning News and Stuff

Gay marriage still recognized; Ohio could expand, save on Medicaid; death after Taser use

A federal judge on Tuesday extended the temporary restraining order recognizing a gay couple’s marriage in Ohio. As CityBeat covered here, Jim Obergefell and John Arthur, who suffers from amyotrophic lateral sclerosis (ALS) and is expected to die soon, sued local and state officials hoping to have their Maryland marriage acknowledged by Ohio before Arthur’s death certificate was issued. Judge Timothy Black sided with the couple, and he’s now extended the temporary restraining order until December, which should provide enough time for Arthur’s expected death and the remaining legal battle. The judge has made it clear that the order only applies to Obergefell and Arthur.

Ohio could spend less on Medicaid if it expands eligibility for the program, according to a new analysis from Ohio State University and the Health Policy Institute of Ohio. But the expansion would have to come with cost controls that cap spending growth at 3.5 percent to 4 percent, as opposed to the current rate of 7.2 percent. Still, the analysis shows that policies including an expansion can save the state money. Under the Affordable Care Act (“Obamacare”), the federal government is asking states to expand Medicaid to include anyone at or below 138 percent of the federal poverty level. In return, the federal government would pay for the entire expansion for the first three years then phase down its payments to 90 percent of the expansion’s cost. Typically, the federal government pays for about 60 percent of Medicaid in Ohio.

A Sycamore Township man died yesterday after Hamilton County deputies used a Taser on him during a brief struggle. Deputies found Gary Roell, 59, half-clothed and smashing windows right before they took him into custody. It’s unclear how many times the Taser was used or whether the Taser was the direct cause of death. Hamilton County Sheriff Jim Neil says the deputies followed protocol, given the violent actions carried out by Roell, who punched a deputy in the face during the confrontation. Still, some groups have been asking police departments around the country to change protocol altogether. A 2012 report from Amnesty International found at least 500 people died in the United States between 2001 and 2012 after being shocked with Tasers during their arrests or while in jail.

The 2013 Ohio Health Issues Poll found that higher-income Ohio adults reported better health than those with lower incomes. In 2013, 59 percent of Ohio adults above 138 percent of the federal poverty level, or roughly $15,856 for a single-person household, reported “excellent” or “very good” health, compared to only 26 percent of those below 100 percent of the federal poverty level, or about $11,490 for a single-person household. The United Way of Greater Cincinnati is pointing to the results as just one other way life is more difficult for low-income Ohioans. The group intends to get at least 70 percent of the community to report “excellent” or “very good” health by 2020. Only about 53 percent of adults in southwest Ohio currently report such health, according to the Ohio Health Issues Poll.

Hamilton County is still offering its free recycling program for electronic equipment, including computers and televisions, until noon on Oct. 26.

The Ohio Investigative Unit (OIU) today sent out a warning to college students asking them to watch out for drugged drinks. OIU provided four safety tips: Alcoholic and non-alcoholic drinks can be drugged, students shouldn’t leave a drink laying around or turn their backs on it, they shouldn’t accept drinks from strangers or someone they don’t trust, and students should watch their friends’ drinks and act if they see anything suspicious. The Ohio Incident Based Reporting System (OIBRS) shows there were 14 incidents of forcible rape with drug as a weapon in 2012, but not all Ohio police departments report to OIBRS, so the numbers are likely understated.

A developer is planning to build 20 apartments in the mostly vacant Schwartz office building on Main Street, along the streetcar’s planned route.

Developers are still working on building apartments above the Fountain Place retail complex, as announced nine months ago.

Another steakhouse is opening in downtown Cincinnati.

Delta is now offering direct flights from Cincinnati to Punta Cana, Dominican Republic.

Jungle Jim’s sold a $1 million Mega Millions ticket.

Watch lab-grown heart tissue beat on its own here.

by Danny Cross 11.01.2011

Morning News and Stuff

Occupy Cincinnati protesters have asked a judge to throw all charges against them, arguing that the park rules are unconstitutional which means their punishments shouldn't exist. The cases are expected to be delayed until the constitutional argument is figured out.

Two county commissioners say they want to help the county's Job and Family Services agency after an Enquirer analysis detailed massive funding, technology and staffing shortages that might have contributed to the deaths of three toddlers during the last 10 months. Republican Greg Hartmann and Democrat Todd Portune have suggested the agency use money from a reserve set aside for an expected bookkeeping penalty while they vote on a budget that will stay the same as last year.

Read More

by Danny Cross 10.21.2011

Morning News and Stuff

Cincinnati Police arrested more than 20 Occupy Cincinnati protesters last night. Here's a recap of the events, which notes that a parade to honor local billionaire Carl Lindner was scheduled for this morning.

Here's an impressive collection of reports that back up nearly every grievance articulated in its first official press release. The research was done by a young woman in Boston who runs a Congressional watchdog website called C-SPAN geek. You can follow her on Twitter here.

Read More

by German Lopez 06.20.2013
Posted In: News, Parking, Taxes, Police at 09:13 AM | Permalink | Comments (0)

Morning News and Stuff

Texting while driving eludes police, parking lease stalled, Ohio tax code still complex

Even though it’s now illegal under local and state law, texting while driving often eludes punishment in Greater Cincinnati. The Hamilton County Sheriff’s Department has issued no tickets so far to vehicular texters, while the Cincinnati Police Department has given out 28, with only four going to teenagers. Although almost everyone acknowledges the dangers of texting while driving, police say it’s very difficult to catch texters in the act, especially since most of them claim they were just making phone calls.

Otto Budig, board chairman of the Greater Cincinnati Port Authority, apparently told The Cincinnati Enquirer that the Port Authority won’t sign the parking lease until it gets assurances about city funding. City Council considered pulling $100,000 from the Port Authority while putting together the budget for fiscal year 2014. Now, Budig says the Port Authority wants some sort of financial assurance, perhaps as part of the parking lease, that the city won’t threaten future funding. The city announced Tuesday it had signed the lease, but some opponents, including Councilman P.G. Sittenfeld, are still looking for ways to repeal the plan.

A Policy Matters Ohio report found the state’s tax code remains complicated under the Ohio Senate budget plan and the budget actually added tax breaks, despite earlier promises of simplification from House and Senate leaders. Meanwhile, Mike Dittoe, spokesperson for Ohio House Republicans, says the General Assembly will take up tax reform later in the year. The Ohio Department of Taxation says the tax breaks will cost Ohio nearly $8 billion in fiscal year 2015, and Policy Matters says many of the exemptions, deductions and credits are wasteful.

Commentary: “Republican Medicaid Opposition Ignores Ohio’s Best Interests.”

JobsOhio topped a ranking from Investigative Reporters and Editors (IRE) that looks at government agencies’ “unrelenting commitment to undermining the public's right to know.” IRE mocked JobsOhio and the state Republicans for making it increasingly difficult to find out how the agency uses its public funds. Democrats, including gubernatorial candidate Ed FitzGerald, have also criticized Republicans for blocking a public audit of JobsOhio, which was established by Gov. John Kasich and Republican legislators in 2011 to eventually replace the public Ohio Department of Development. JobsOhio’s supporters argue the agency’s privatized, secret nature allows it to move at the “speed of business” to better boost the economy.

The Cincinnati Museum Center is looking to ask Hamilton County residents to renew its operating levy in May 2014, even though the museum promised in 2009 that it wouldn’t do so. The museum argues circumstances have changed, with Union Terminal crumbling and in need of about $163 million in repairs. When the museum originally made its promise against more operating levies, it was expecting to make repairs through a capital levy, but Hamilton County commissioners dismissed that idea. Hamilton County commissioners will have to approve the operating levy before it goes on the ballot.

An Ohio bill would ban anyone under the age of 18 from tanning at a salon unless a doctor gives permission for medical reasons. This is the third time Ohio legislators have proposed measures against indoor tanning in recent years.

Personhood Ohio, the anti-abortion group trying to ban abortions in Ohio by defining life as beginning at conception, is fundraising by selling assault rifles.

Here is a map showing how green Earth is in the most literal terms.

We now have an explanation for why everyone is so nice and loving to CityBeat’s Hannah McCartney: A study found people are mostly mean to their unattractive coworkers.

Got questions for CityBeat about anything related to Cincinnati? Submit your questions here and we’ll try to get back to you in our first Answers Issue.

CityBeat is looking to talk to convicted drug offenders from Ohio for an upcoming cover story. If you’d like to participate or know anyone willing to participate, email glopez@citybeat.com.

by Danny Cross 11.22.2011

Morning News and Stuff

The Hamilton County Commissioners' stadium funding failures have caused County Auditor Dusty Rhodes to describe a “dream world” where politicians think their inaction doesn't affect anybody. Today's news that the stadium fund will be bankrupt by March without additional funding has not deterred Republican Chris Monzel and Democrat Todd Portune from giving property owners the tax credit that convinced them to vote for the 1996 sales tax increase.

"It would be the height of irresponsibly to commit funds they knew were not there," Rhodes said. "I've long criticized various governments for living in dream world.

"This takes it to a whole new level," Rhodes said.

Read More

by Danny Cross 11.04.2011

Morning News and Stuff

The Ohio Elections Committee dismissed a complaint against COAST for allegedly making false tweets about Issue 48, but it was only because the complaint, filed by pro-streetcar group Cincinnatians for Progress, improperly named a COAST political action as a defendant or something. Streetcar advocates say they'll refile the complaint, and COAST lawyer Chris Finney says he'll win again. (“HAHAHA!”)

Youngstown Vindicator is a cool newspaper name. It reports that Ohio Democrats walked out of a vote on the new Republican redistricting map after Republicans failed to gain enough Democrat support to pass it. Lawmakers reportedly yelled at each other, too.

Read More

by German Lopez 07.03.2013
Posted In: News, Abortion, Police, Infrastructure at 09:11 AM | Permalink | Comments (0)

Morning News and Stuff

Qualls asks for quick chief search, Ohio highway rank drops, Dems OKed abortion "gag"

Vice Mayor Roxanne Qualls is calling for a quick police chief search following a bout of local violence during the past few weeks. In a memo to City Manager Milton Dohoney, Qualls argues a police chief replacement is necessary to clamp down on crime, particularly gun and gang-related violence. She asks the city manager to report to City Council on the hiring search in early August and have a full replacement ready by the end of the summer. Former Police Chief James Craig recently left Cincinnati to take the police chief job in Detroit, his hometown.

Ohio dropped from No. 13 to No. 25 in a state-by-state ranking of highways. The report from the Reason Foundation, a libertarian think tank, looked at highway conditions and cost effectiveness. Among the findings: About 22.73 percent of Ohio’s bridges were deemed deficient in 2009, down from 24.51 percent in 2007. Twenty states reported more than one in four bridges as deficient — a threshold Ohio barely missed. Despite Ohio being relatively worse off, the nation as a whole improved in major categories, according to the report: “Six of the seven key indicators of system condition showed improvement, including large gains in rural interstate and urban interstate condition, and a reduction in the fatality rate.”

Ohio Democrats now criticizing the state budget’s rape counselor restriction voted for the measure in a separate House bill on June 16. The “gag,” as Democrats now call it, prevents publicly funded rape counselors from discussing abortion as a viable medical option for rape victims. “Democrats supported the bill to fund rape crisis centers and we were led to believe that this offensive language gagging rape counselors would be fixed in the budget,” Ohio Democratic Party Chairman Chris Redfern told the Associated Press through a spokesperson. “It was not.” Democrats voted against the state budget that actually encoded the measure into law.

On July 11 at Fountain Square, anti-abortion group Created Equal plans to use a jumbo screen to show a graphic video containing footage of aborted fetuses and their separated limbs.

Three more statewide online schools — known as “e-schools” — are coming to Ohio following approval from the Department of Education. Proponents of e-schools call them a “valuable alternative” to traditional schooling. But some education experts and studies have found e-schools often perform poorly.

Mason is having some success using private-public partnerships to attract high-tech companies.

The Ohio State Highway Patrol says “pilot error” caused the stunt airplane crash that killed two at last month’s Dayton Air Show.

BBC explains why phones sometimes feel like they’re vibrating when they’re not.

New contact lenses give telescopic vision.

Fireworks would likely look boring in space.

by Danny Cross 10.27.2011

Morning News and Stuff

City Council conservatives made Mayor Mallory real mad yesterday, blocking his appointment of Councilwoman Laure Quinlivan to the Hamilton County Transportation Improvement District. An initial vote actually allowed the appointment until appointed Republican Councilman Wayne Lippert heard that the other Republicans and Chris Bortz voted against it for various trivial reasons. Lippert asked for a re-vote and swung it the other way.

Mallory reportedly called out the conservatives, referring to them as "extremely unprofessional" and "horribly non-functional." According to The Enquirer, the normally even-tempered Mallory responded to their suggestions that they'd like to see someone else receive the appointment by saying, "that person's not getting appointed” and later adding, "I appoint a lot of people to a lot of things. And this will be remembered."

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