CLEVELAND, OHIO – I have published Ohio Criminal Rule 11 in its entirety at the bottom of this story so readers will fully-understand the relevancy behind the question I asked East Cleveland Municipal Court Judge William Dawson about the status of Ward 7 Councilman Basheer Sudan Jones’ case. Jones was arrested by two East Cleveland police officers on April 19, 2019.
Jones was charged with “improper handling of firearms in a motor vehicle.” The offense was a 4th degree felony violation of Section 2923. 16 of the Ohio Revised Code. The incident report East Cleveland’s cops generated doesn’t identify the reason for his “arrest without a warrant” or the basis for the search of the Cleveland politician’s vehicle. Jones was a suspect of something and they found what had been claimed was an improperly handled gun during a search of his vehicle.
Dawson wrote to EJBNEWS that Jones was not brought before him as required of municipal law enforcement officers in Section 2935.05 of the Revised Code of Ohio.
“There is nothing in our court system which leads me to assume that it never resulted in a formal charge by the prosecutor’s office,” Dawson wrote. “I am saying he was never arraigned before me for those charges.”
Section 2935.05 of the Revised Code of Ohio exists under the heading, “Filing affidavit where arrest without warrant.” The statute makes reference to another statute within it, R.C. 2935.03, that describes every category of Ohio law enforcement officer authorized to arrest and / or pursue without a warrant. R.C. 2935.05 gave the individuals discharging law enforcement officer duties pursuant to R.C. 737.11 very specific “mandatory” instructions to follow during every arrest.
“When a person named in section 2935.03 of the Revised Code has arrested a person without a warrant, he shall, without unnecessary delay, take the person arrested before a court or magistrate having jurisdiction of the offense, and shall file or cause to be filed an affidavit describing the offense for which the person was arrested. Such affidavit shall be filed either with the court or magistrate, or with the prosecuting attorney or other attorney charged by law with prosecution of crimes before such court or magistrate and if filed with such attorney he shall forthwith file with such court or magistrate a complaint, based on such affidavit.”
East Cleveland Councilwoman Juanita Gowdy has confirmed to EJBNEWS that police under twice-indicted felon and law enforcement officer impersonator Scott Gardner’s management “dismissed” the gun charges against Jones. That’s the information she acquired from self-employed attorney Heather McCollough discharging the duties of a prosecuting attorney without an oath of office; and handling undisclosed private cases on the side.
Gowdy has promised to fire McCollough and attorney Willa Hemmons as East Cleveland’s next mayor. She’s campaigning to replace Richmond Heights resident Brandon King.
Jones was charged, apparently only by the police and not the city’s prosecutor or judge, with “improper handling of firearms in a motor vehicle.” The offense was a 4th degree felony violation of Section 2923. 16 of the Ohio Revised Code.
The incident report East Cleveland’s cops generated doesn’t identify the reason for the arrest or the basis for the search of the Cleveland politician’s vehicle. Jones was a suspect of something and they found what cops claimed was the improperly handled gun he had a right to possess and transport.
The record of Jones’ April 19, 2019 arrest appears to have still been entered in the Federal Bureau of Investigation’s National Crime Information Center (NCIC) criminal records history database Ohio police can access through the Law Enforcement Automated Data Systems (LEADS) portal. That’s where Lake County Sheriff’s deputies found Jones arrest records when they denied his request for a concealed carry permit on December 26, 2019.
A warrantless arrest by a law enforcement officer or private citizen triggers 4th Amendment rights under the Constitution of the United States of America that are implemented into practice through Ohio Criminal Rule 11 and other criminal and civil rules of procedure. The only way to adjudicate an arrest is in an open court before a judge, magistrate or jury. Any dismissal Jones sought or was given should have been upon request of the prosecuting attorney – either McCollough or Hemmons – before Dawson.
What’s pathetic is Jones is campaigning for mayor of Cleveland to hold office as the city’s chief law enforcement officer; and he’s accepting side deals to avoid the embarassment of an arrest instead of fighting for constitutional rights East Cleveland cops violated. What’s clear is his constitutional rights were violated with the arrest and he was too cowardly to fight for them.
If he won’t fight for his own rights he won’t fight for anyone else’s if given management of the police department and city prosecutor’s office. There’s no police reform legislation bearing his name as a councilman.
East Cleveland police under King’s twice-convicted police chief, Gardner, and the crew of non-Ohio Peace Officer Training Academy certified organized criminals impersonating law enforcement officers they manage, have been accused of making arrests go away in exchange for special favors.
Hemmons cut a side “cash for dismissal of charges” deal with the five Cleveland police supervisors charged with dereliction of duty in the Timothy Russell and Malissa Williams pursuit and slaughter inside East Cleveland. Larry McDonald offered to get charges dismissed against a woman he wanted to date; and in exchange for dinner.
Kenneth DiSalvo changed his name to Kenneth Lundy after he resigned from the Hamilton County Sheriff’s department. In the other county he told a jailed female American citizen he’d give her food in exchange for showing him her breasts. He now works for King as a commander.
It’s been alleged that arrest records are disappearing for cash, car titles, drugs and sex. A citizen complaining to East Cleveland’s internal affairs officer about McDonald gets “sergeant” Dominique King with whom he has a child.
The prosecutor’s office did not review or rule on McDonald’s shooting of Vincent Belmonte in the back of the head after he snatched off his bodycam. A “committee” of law enforcement officer impersonators cleared him of Belmonte’s shooting. There are no controls over these law enforcement officer impersonating criminals.
Judge Dawson and the council must investigate what are clearly criminal acts surrounding warrantless arrests that individuals wearing law enforcement uniforms and carrying weapons are engaging in on East Cleveland streets. Jones’ arrest coupled with Dawson’s questions about what happened to it offers the best evidence for an investigation’s launching point into what transpired between him and the police.
Who intervened on his behalf? What was the favor or deal?
Read Criminal Rule 11 below.
If the indictment contains no specification, and a plea of guilty or no contest to the charge is accepted, the court shall impose the sentence provided by law.
If the indictment contains one or more specifications, and a plea of guilty or no contest to the charge is accepted, the court may dismiss the specifications and impose sentence accordingly, in the interests of justice.
If the indictment contains one or more specifications that are not dismissed upon acceptance of a plea of guilty or no contest to the charge, or if pleas of guilty or no contest to both the charge and one or more specifications are accepted, a court composed of three judges shall:
The counsel provisions of Crim.R.apply to division (E) of this rule.