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 EJBNEWSthat 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 section2935.03 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.
Rule 11 – Pleas, Rights Upon Plea(A) Pleas. A defendant may plead not guilty, not guilty by reason of insanity, guilty or, with the consent of the court, no contest. A plea of not guilty by reason of insanity shall be made in writing by either the defendant or the defendant’s attorney. All other pleas may be made orally. The pleas of not guilty and not guilty by reason of insanity may be joined. If a defendant refuses to plead, the court shall enter a plea of not guilty on behalf of the defendant.(B) Effect of guilty or no contest pleas. With reference to the offense or offenses to which the plea is entered:(1) The plea of guilty is a complete admission of the defendant’s guilt.(2) The plea of no contest is not an admission of defendant’s guilt, but is an admission of the truth of the facts alleged in the indictment, information, or complaint, and the plea or admission shall not be used against the defendant in any subsequent civil or criminal proceeding.(3) When a plea of guilty or no contest is accepted pursuant to this rule, the court, except as provided in divisions (C)(3) and (4) of this rule, shall proceed with sentencing under Crim.R. 32.(C) Pleas of guilty and no contest in felony cases.(1) Where in a felony case the defendant is unrepresented by counsel the court shall not accept a plea of guilty or no contest unless the defendant, after being readvised that he or she has the right to be represented by retained counsel, or pursuant to Crim.R. 44 by appointed counsel, waives this right.(2) In felony cases the court may refuse to accept a plea of guilty or a plea of no contest, and shall not accept a plea of guilty or no contest without first addressing the defendant personally and doing all of the following:(a) Determining that the defendant is making the plea voluntarily, with understanding of the nature of the charges and of the maximum penalty involved, and if applicable, that the defendant is not eligible for probation or for the imposition of community control sanctions at the sentencing hearing.(b) Informing the defendant of and determining that the defendant understands the effect of the plea of guilty or no contest, and that the court, upon acceptance of the plea, may proceed with judgment and sentence.(c) Informing the defendant and determining that the defendant understands that by the plea the defendant is waiving the rights to jury trial, to confront witnesses against him or her, to have compulsory process for obtaining witnesses in the defendant’s favor, and to require the state to prove the defendant’s guilt beyond a reasonable doubt at a trial at which the defendant cannot be compelled to testify against himself or herself.(3) With respect to aggravated murder committed on and after January 1, 1974, the defendant shall plead separately to the charge and to each specification, if any. A plea of guilty or no contest to the charge waives the defendant’s right to a jury trial, and before accepting a plea of guilty or no contest the court shall so advise the defendant and determine that the defendant understands the consequences of the plea.
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:
(a) determine whether the offense was aggravated murder or a lesser offense; and (b) if the offense is determined to have been a lesser offense, impose sentence accordingly; or (c) if the offense is determined to have been aggravated murder, proceed as provided by law to determine the presence or absence of the specified aggravating circumstances and of mitigating circumstances, and impose sentence accordingly.(4) With respect to all other cases the court need not take testimony upon a plea of guilty or no contest.(D) Misdemeanor cases involving serious offenses. In misdemeanor cases involving serious offenses the court may refuse to accept a plea of guilty or no contest, and shall not accept such plea without first addressing the defendant personally and informing the defendant of the effect of the pleas of guilty, no contest, and not guilty and determining that the defendant is making the plea voluntarily. Where the defendant is unrepresented by counsel the court shall not accept a plea of guilty or no contest unless the defendant, after being readvised that he or she has the right to be represented by retained counsel, or pursuant to Crim.R. 44 by appointed counsel, waives this right.(E) Misdemeanor cases involving petty offenses. In misdemeanor cases involving petty offenses the court may refuse to accept a plea of guilty or no contest, and shall not accept such pleas without first informing the defendant of the effect of the plea of guilty, no contest, and not guilty.
The counsel provisions of Crim.R. 44(B) and (C) apply to division (E) of this rule.
(F)Negotiated plea cases. When a negotiated plea of guilty or no contest to one or more offenses charged or to one or more other or lesser offenses is offered, the underlying agreement upon which the plea is based shall be stated on the record in open court. To the extent required by Article I, Section 10a of the Ohio Constitution or by the Revised Code, before accepting the plea, the trial court shall allow an alleged victim of the crime to raise any objection to the terms of the plea agreement.(G) Refusal of court to accept plea. If the court refuses to accept a plea of guilty or no contest, the court shall enter a plea of not guilty on behalf of the defendant. In such cases neither plea shall be admissible in evidence nor be the subject of comment by the prosecuting attorney or court.(H) Defense of insanity. The defense of not guilty by reason of insanity must be pleaded at the time of arraignment, except that the court for good cause shown shall permit such a plea to be entered at any time before trial.
CLEVELAND, OH – Virginia Beach city council and the city’s National Association for the Advancement of Colored People (NAACP) chapter are seeking answers for why a police officer with his bodycam turned off shot singer Pharrell Williams’ cousin through marriage to death on March 26, 2021. Virginia Beach city council scheduled a special meeting for March 30, 2021 to discuss the drama that dragged their city into the national “police killing” spotlight.
Two people were killed at Virginia Beach’s Oceanfront on March 26, 2021. Eight were injured.
The dead are Donovan Lynch and reality star Deshayla E. Harris, 29, of Norfolk. She appeared on the “Bad Girls Club” and went by the pseudonym “Firecracker Fashionista” on the Oxygen network show. Lynch is Pharrell’s cousin through marriage. The popular recording artist is from Virginia Beach.
Lynch was shot to death by an unnamed Virginia Beach police officer. Harris was shot to death by a stray bullet. Lynch’s shooting is drawing controversy because police mischaracterized his presence at the crime scene to justify the shooting.
According to the Virginia Beach police department he was “brandishing” a handgun in a “threatening” manner. According to a witness police are lying. Lynch’s weapon was not in his hand. It’s the same conceal-minded thinking Scott Gardner exhibited when he told the media words Larry McDonald did not use when he turned off his bodycam and shot Vincent Belmonte in the back of the head in East Cleveland, Ohio.
Lynch’s father, Wayne Lynch, told Virginia Beach’s WAVY NEWS that his son owned a security company and he was licensed and permitted to carry his 9mm Rutger concealed. No evidence has been presented that Donovan Lynch was involved in the shootings that injured 8 bystanders and killed Deshayla Harris. Police have not even said his weapon was discharged.
What’s interesting to this writer from a Cleveland perspective is in seeing the Virginia Beach NAACP calling for a “civilian review board” similar to one that’s existed in Cleveland since the 1980’s that doesn’t give citizens the desired “police accountability” results. Like in Ohio the Virginia Beach chief of police, Paul Neudigate, has deflected the deadly force investigation to Virginia’s “state police.” Below are NAACP President Karen Hills-Pruden’s thoughts on the police shooting.
The Virginia Beach NAACP Branch was pleased to hear during today’s City Council Special Session that the investigation into the shooting death of Mr. Donovan Lynch will be handled by the Virginia State Police. This branch was not pleased with the previous statement by Chief Neudigate stating that a gun was found in the vicinity of the incident. His failure to also state that Mr. Lynch was a legally licensed gun owner was an attempt to shift the perception of the public’s view toward Mr. Lynch. The police department has access to gun permit/licensure information, so the Virginia Beach Branch NAACP has no reason to believe the intent was other than malicious. This is one of the reasons an external agency was requested by the branch.
Furthermore, Chief Neudigate complaints of understaffing, equipment preferences, and equipment on back order is nothing new. The police force has been understaffed for years. However, the Virginia Beach Branch NAACP will not allow our focus to be watered down by those organizational objectives.
Our inquiry is two-fold . Why was Mr. Donovan Lynch shot on March 26, 2021? And why did the police officer who shot Mr. Donovan Lynch not activate his Body-Worn Camera?
Virginia’s “general assembly” is called a “house of delegates.” Its “state senators” and “state representatives” are called “delegates.” Delegate Jay Jones of Norfolk called for a Virginia Attorney General Mark Herring to conduct an independent investigation into the shooting. Herring agreed with his opponent in the June 2021 primary election primary election and ordered one.
Below is Jones’ statement. He wants in part an end to qualified and sovereign immunity for law enforcement officers.
“The Virginia Beach community deserves answers to the horrendous shootings that occurred this weekend. Body cameras are designed for transparency into police conduct – specifically situations like what happened over the weekend – to provide a clear record of interactions with the public it serves in the field.
“It is unconscionable that the body camera worn by a police officer involved in a fatal shooting was not activated, and I am calling on the Attorney General to use his full investigative authority to determine what went wrong here. We need far better accountability and transparency, and the families of those killed by police, in Virginia Beach and across this country, deserve answers.
“Despite the shooting taking place on Friday, the officer has yet to be interviewed by the Virginia Beach Police Department. This is further evidence for why we must reform our law enforcement practices, including ending qualified and sovereign immunity, but also demand more transparency and hold law enforcement to appropriate standards.
“No one is above the law, including those tasked with enforcing it. Although the Civil Rights Division I proposed this past session would have had investigative and enforcement authority over a situation just like this, it was killed for politically motivated reasons by supporters of Mark Herring in the legislature.
“Nevertheless, I trust that the Attorney General will investigate this matter and use the office to make police reform a much larger priority than it has been for him during his time in office. I pray that he won’t play politics with justice and the lives of our citizens. Now is the time to put the full weight of the office behind your new rhetoric.”
Despite the direction the politicians are taking the discussion about his son’s death in, Wayne Lynch wants answers and justice. He wants his son’s named cleared of the smear Virginia Beach cops attempted.
CLEVELAND, OH – Council Vice President and East Cleveland Sunrisepublisher Juanita Gowdy is counting on the truth that the voters of East Cleveland know more than a few things about Mayor Brandon King that disgusts them as she challenges him for the “chief law enforcement officer”s job he holds illegally as a Richmond Heights resident. Elected officials under Ohio laws must be residents of the community they’re elected to serve.
For the past nearly two years, Gowdy and East Cleveland Sunrise co-publisher Justyn Anderson have been distributing their 5000 circulation newspaper to every household, door-to-door, providing information-starved voters and residents with details about the “dirty dealings” taking place inside the King administration. Gowdy and Anderson told EJBNEWS they got the idea to spread regular doses of the truth from the East Cleveland Challengerand the East Cleveland Tattler.
King and his friends were and are robbing the city blind while making up lies to deceive residents who thought they could trust him, Gowdy said. “We had to do something when his administration started losing $50 million lawsuits we know voters will never be able to pay.”
Gowdy said residents now know King doesn’t live in the city and lied about his residency when he ran for council and then mayor. King doesn’t live at 1735 Elsinore Road in a rowhouse apartment his brother resides in that’s been raided twice for drugs.
1735 Elsinore is where several King brothers fraudulently claim to live in Sheldon King’s apartment so they can vote in the city in violation of election laws, according to Cecil King. Sheldon King is the brother convicted for drug dealing and child endangering from inside the apartment the mayor’s voting address claims adult King men with families share. The mayor and his brothers must not have been at the apartment and left Sheldon to take the hit for the King organized crime family during the raids.
Gowdy said residents now know King is a hot-tempered thief who’s employees like Michael Smedley and Melran Leach, along with ex-mayor Gary Norton, are either being criminally-investigated or named in federal indictments for crimes in public office. Numerous residents know King received a subpoena from the Ohio Ethics Commission for records associated with his selling office supplies to city hall as part of an ongoing criminal investigation.
Gowdy said King’s chief of police, Scott Gardner, was twice-convicted for felonies he pleaded down to misdemeanors that makes him ineligible to be certified as a law enforcement officer, according to section 737.02(2)(a) of the Revised Code of Ohio. Gardner was indicted back to back by two prosecutors between Cuyahoga and Medina county in 2013 and 2014.
Gowdy said King would have made himself look like a hero to East Cleveland residents had he fired him after Norton failed to do so. The heading for the law is “Felony conviction precludes or terminates employment.”
(2)(a) The director of public safety shall terminate the employment of a chief of police, member of the police department, or auxiliary police officer who does either of the following: (i) Pleads guilty to a felony; (ii) Pleads guilty to a misdemeanor pursuant to a negotiated plea agreement as provided in division (D) of section 2929.43 of the Revised Code in which the chief of police, member of the police department, or auxiliary police officer agrees to surrender the certificate awarded to the chief of police, member of the police department, or auxiliary police officer under section 109.77 of the Revised Code.
Gowdy told EJBNEWS that had King fired Gardner like a state general law requires, so many residents the police the unfit “chief” stations and transfers have been pursuing and shooting to death might still be alive or uninjured. The members of the city’s Civil Service Commission resigned in February after not operating lawfully since 2016. None of the police hired or promoted have been appointed through Civil Service testing. That list includes Larry McDonald who removed his bodycam before shooting Vincent Belmonte in the back of the head.
The state Civil Service Commission is investigating the Civil Service law violations and King has been warned to take the investigation seriously. Gowdy said Gardner will have no future with East Cleveland as his two convictions mean the private security company owner should have long ago been fired.
Gowdy said once elected she’s going to follow the model the Brewer administration implemented by making public employee accountability and an obedience to federal, state and local laws a mandate. Without all the police pursuits, violence towards citizens and police killings, Gowdy said East Cleveland residents remember how crime in every category was reduced by 40 to 70 percent between January 1, 2006 through December 31, 2009.
During an interview, Gowdy told EJBNEWS how she disagrees with demolishing homes that could be renovated with the same money. Instead of demolishing 125 homes like King is planning as a way to direct more no-bid contracts to his friends, she wants them renovated and sold at cost.
“If it costs $25,000 to renovate a home in our landbank we can sell it for $25,000 and reinvest the money into another property and resell it at cost … too,” Gowdy said. “The “D” in “HUD” is “Development” and not “Demolition.” She wants resident homeowners to have access to HUD dollars to help with their repairs.
Gowdy said she disagreed very strongly with former Mayor Gary Norton’s decision to aid Cleveland Clinic’s plan to close Huron Hospital in 2011; and to be paid $8 million in exchange for losing the income taxes that came from its 1100 workers. 300 of the hospital’s workers were residents and the closing emptied the apartment buildings surrounding the hospital for workers who could walk next door or across the street to work.
Gowdy blasted Norton for taking the $8 million and spending it as he pleased. Norton didn’t spend a dime of the money for new service vehicles to plow or repave and clean the city’s streets and parks; or for new fire safety equipment. Norton spent nothing for tree trimming equipment in a city full of trees.
Gowdy wants council and the residents once she’s mayor to support a small property tax to build a free fully-equipped emergency room for residents who would pay only $1 a year for every $1000 in property value. $25 a year on a $25,000 home.
With the $25 million the city is getting from the federal government, Gowdy wants the current council and a new one to use a portion of the money to build the emergency room and the small tax would fund it. The emergency room would be free to residents with no health care. Whatever Medicare, Medicaid or a person’s health care coverage paid would cover the additional costs. Residents would have no “out of pocket” costs. Non-residents would be required to pay.
“We have to consider putting physicians instead of untrained EMS workers on our ambulances. We have residents being shot and beaten; or involved in car crashes that causes serious injuries,” Gowdy said. “The nearest emergency room is University Hospitals and more of our people are dying after Huron Hospital and its gunshot wound trauma center closed. Free emergency room care would add an extremely affordable value to being an East Cleveland resident and increase the desire for people to live in our city.”
Gowdy also wants a portion of the money to be spent on upgrading all the equipment in the city’s service department that Norton did not upgrade with the $8 million in Huron Hospital closing dollars he wasted. She wants the baseball diamonds improved in the parks as well as the tennis courts.
“Our residents lived a much better suburban lifestyle with greater health amenities before criminals took over our government,” she said.
During her first year on city council, after winning in 2019, Gowdy has been investigating problems with King’s management of the municipal workforce as well as his contracting and compliances problems. She’s found that King has not been administering oaths of office to employees and delivering the oaths to the council clerk.
This has been a problem issue, particularly, for the city’s law department King lets private attorney Willa Hemmons leads. Neither attorney has obtained the approval of or reported to council before they initiated or responded to litigation as required by Ohio laws. Hemmons is a resident of Beachwood who has no legal authority to discharge the law director’s duties as a private contract attorney. Gowdy said the ate Almeta Johnson was the last person qualified under Ohio law to serve as the director of law.
Gowdy said Hemmons and Heather McCullough can expect to be fired. So can Michael Smedley. Police officers without certifications and still discharging a law enforcement officers duties can expect to be held fully-accountable within laws.
“We don’t need a high speed pursuit policy and the police chief doesn’t get to write a police department’s rules or regulations under Ohio law,” Gowdy said. “We already have a state law that instructs them when they can and cannot pursue or cross the borders of another city. The Ohio Revised Code gives the Director of Public Safety rule writing authority for city police. Rules written by the police chief is evidence of a police chief exceeding the authority of their public employment.”
Gowdy said Ohio’s general assembly has written a warrantless pursuit “general law” and she just got council to approve an ordinance that requires the director of law, prosecuting attorney and judge to use R.C. 2935.03 in evaluating every pursuit. Ord. No. 525.03 is named the Tamia Chappman Act.”
The local law Gowdy sponsored makes it a requirement for the law department to ensure every police officer bringing charges against a citizen is authorized by law to do so by delivering the oath and training records to every person they arrest. If they pursue outside the law the pursuing “law enforcement officer impersonators” will be responsible for their own legal representation and damages.
They must possess an oath of office that’s filed in the clerk of council’s office pursuant to R.C. 705.28; in addition to maintaining current and approved Ohio Peace Officer Training Academy credentials as required of R.C. 109.81.
They’ve also got to operate the equipment in police cars in obedience with federal and state criminal laws; and not violate R.C. 2913.04 or the FBI’s NCIC 2000 Manual to access the Mobile Display Units. All this information is required to be delivered to citizens in criminal proceedings to ensure the city isn’t later sued for a civil rights violation. Gowdy is opposed to police using automatic license plate readers that council has not authorized them to buy or use through an ordinance or resolution.
“The taxpayers of East Cleveland are not going to pay for their unlawful behavior and violations of civil rights,” Gowdy said.
The twice-convicted Gardner exceeded the authority of the police chief when he wrote an opinion to council claiming the ordinance was unconstitutional; and that he wasn’t going to enforce it. Gowdy said the ordinance authorizes residents to file criminal complaints against the law enforcement officer who violates it; and requires Judge William Dawson and the prosecutor to enforce it. She said Gardner has no legal opinion-writing authority and intends to deal with his duty-exceeding criminal misconduct once elected as the city’s chief law enforcement officer.
“I’m not worried about Scott Gardner,” the East Cleveland Sunrise publisher told EJBNEWS. “East Cleveland’s policing will be reformed. The slave-catching mindset of the city’s police officers will not be tolerated in 2022.”
East Cleveland’s charter is partisan. Since no Republicans or third party candidates have competed in the last three elections the Democrat who wins the primary heads, alone, to the November general election. Voters will have once chance during the primary to elect the candidate of their choice.
[DISCLOSURE: This writer is the former Mayor of East Cleveland, Ohio and I have been aiding Council Vice President Juanita Gowdy and co-East Cleveland Sunrise publisher Justyn Anderson for the past three years in understanding the complexities of municipal management from a statutory perspective.]
CLEVELAND, OH – The day after Christmas 2020, Michael Smedley went into hiding and stopped showing up for work at East Cleveland city hall … again. Gary Norton had been indicted along with Vanessa Veals on December 14, 2020. Twelve days later, the day after acknowledging the celebrated birth of Yeshua the Christ on December 25th, I published a November 2018 audio recording of Smedley’s conversation with Ward 2 residents on my EJBNEWS website December 26th.
Smedley’s recent disappearing act is the same as the behavior that drove him into hiding when he told residents of Ward 2 in East Cleveland, Ohio at Apthorp Towers that the worst day of his life was when he saw his name published in an EJBNEWS story. On that day Cleveland’s most influential and informative news website identified Smedley as the “chief of staff” in the conspiracy section of attorney Kenneth Tyson November 21, 2018 federal indictment. His crybaby series of never-ending, whining-azzed lies to Ward 2 residents at Apthorp Towers established very clearly to the streetwise that his punk azz ain’t got no heart.
Tyson’s federal indictment listed Smedley’s initials as “M.S.” under the title “chief of staff.” Tyson worked for James Rokakis’ “county landbank” known as the Cuyahoga Land Reutilization Corporation five federal law enforcement agencies are investigating.
According to Smedley in the audio recording, Tyson did not acquire ownership of a city landbank home with his help. He told residents he did not know George Michael Riley, but he changed and said Stephens had introduced him to the illegal and identity-changing dump operator. George Michael Riley in 2018 changed his name to Anthony Michael Castello in honor of his mother’s family after he disgraced his father’s. The name “Riley” won’t be useful with all the revelations the late investigative journalist Gerald Strothers of 44112NEWS uncovered about Christine Beynon’s “pimp” in his future “scam plans” after prison.
Beynon is on record as saying Riley, or now Anthony Michael Castello, used her love and money to acquire the former General Electric’s lighting division manufacturing site to open a deadly construction and demolition debris landfill in between Cleveland’s Collinwood High School and East Cleveland’s Apex Academy charter school in 2014. East Cleveland council had enacted an ordinance requiring the mayor to retain possession of the title of the property until the buyer of landbank property complied with an ordinance to “prepare it for redevelopment.”
Norton transferred the property to Beynon’s company three months later in complete disregard for the ordinance he’d asked council to approve as mayor. He acomplished it under the guise that the $150,000 was needed to make payroll. Ex-councilman Mansell Baker sponsored the legislation that brought the dump to the city, along with Thomas Wheeler and Brandon King, in a 1:30 p.m. “special meeting” which violated the city’s charter.
All ordinances in East Cleveland are required to be enacted during regular public meetings in city hall on the first and third Tuesdays of the month at 6:30 p.m. The afternoon meeting concealed the legislation from the city’s residents and prevented them from exercising their right to be heard before all legislation is enacted.
Witnesses say Riley then cut deals with Pete & Pete to dump Cuyahoga County landbank properties at the location; and then set up three demolition companies of his own to dump at his own site and to eliminate any demolition competition. There’s a CAD call of Stephens contacting ex-chief of police Michael Cardilli to have police release one of his excavators.
Instead of redeveloping the property, Riley demolished and sold off an estimated $3 million in scrap steel that should have been delivered to the city’s treasury; and then opened an illegal dump he called a “recycling facility.” Norton’s former girlfriend said he brought her and their daughter a weekly roll of $700 in cash on his normal salary of $40,000 a year with another $65,000 as safety director. This is addition to his contributing to the care of his now divorced wife and three daughters.
Baker sponsored the ordinance to deliver Beynon and Riley the property that turned into a tar burning, asbestos and glass particle spewing pile of death 5-stories high. There’s no record of him returning with legislation or the city’s police to have Riley and Beynon arrested and prosecuted.
Smedley also told residents, according to witnesses, he visited the U.S. Attorney’s office to ask federal prosecutors for a retraction of his initials being inserted into Tyson’s indictment. He told residents he possessed a written statement from federal prosecutors that he was not facing an investigation.
All the anxiety Smedley said he was displaying over published facts he claimed were not true seemed rather stupid if he was not M.S. or the chief of staff and had only met Riley once. There was no need for an innocent man to contact federal prosecutors over what I had written. He simply had to take me to civil court with a defamation claim so I would have to prove he’s the M.S. and chief of staff named in Tyson’s indictment.
Smedley was identified in the Tyson indictment 42 days after federal agents arrested his old boss, Gary Norton, along with Vanessa Veals on October 4, 2018. He told residents he was not the city’s chief of staff.
The initials “M.S.” and the title “chief of staff” remain in Tyson’s indictment as he’s negotiating for less prison time. The soon-to-be permanently suspended ex-attorney may have already confessed how Smedley helped him with the landbank property as his role was identified in the “conspiracy” section of his “felony” indictment.
Smedley should have worked a job in the salary ordinance and been administered an oath of office to discharge “some” statutory duty from a lawful public office instead of creating a paper trail of being nothing more than a bag man. He might have learned the word “conspiracy” had he chosen books instead of a broom as a profession before he asked to be appointed as my chief of staff. 18 U.S.C. 371 … Mikey.
Conspiracy to commit offense or to defraud United States.If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both.If, however, the offense, the commission of which is the object of the conspiracy, is a misdemeanor only, the punishment for such conspiracy shall not exceed the maximum punishment provided for such misdemeanor.
Witnesses say Stephens helped Tyson set up an asbestos company to receive contracts from Rokakis and Frangos’ racketeering influence corrupt organization. Sounds like another “conspiracy.” Rokakis’ cousin is demolishing landbank property in East Cleveland. Another conspiracy. RealNEO website long ago identified Rokakis and Frangos as delivering Cleveland properties in the county landbank to Frango’s brother Lou’s partner; a convicted Communist Albanian alien organized crime figure named Sata Satka. Yet another conspiracy on top of all the other little conspiracies involving thieves and conspirators in our governments.
Chief of staff is posted on Smedley’s Linked In page. When this human double for Walt Disney’s cartoon character, Goofy, asked to be my chief of staff I asked about his background. Smedley seemed to think being a union organizer for custodians qualified him to manage a municipal workforce of 280 employees and a $21 million general operating budget.
I “generally” told Smedley I was my own chief of staff and didn’t need any upper management help. If he’d signed on to keep the building clean I might have considered him. It’s amazing to me that if this dumb guy thinks Brandon King’s dumb. How dumb is King? I forget. He hired Larry McDonald and appointed him as a police commander. I laid McDonald off in 2008 because he couldn’t write a coherent and legally supported incident report. I assigned him to check on certificates of occupancy before I laid him off.
Any federal agent interrogating Smedley should know he’s as pathological a liar as Norton. If their lips are moving they’re lying. You can’t trust “anything” they say in contrast to the data in public records.
Throughout his employment Smedley has missed months of “paid” days off in a city where vacations are capped, legislatively at three weeks and “use it or lose it laws” don’t allow for vacation accumulation. He’s also being paid public funds to discharge the duties of a non-existent “chief of staff.” It means he’s stealing from the taxpayers of East Cleveland. The title he’s earned is “thief.”
East Cleveland city council chose not to fund the job classification since sometime 1999 after it was created for me in 1998. Richmond Heights resident Brandon King and his bootleg finance director, Charles Iyahen, have conspired to misappropriate public funds to pay Smedley for the job title he claims he possesses with no oath of office or council authorization. I expect to see the word “conspiracy” showing up, soon, in numerous federal indictments as soon as or before the new United States of Attorney for the Northern District of Ohio is administered an oath of office.
King and Iyahen have repeatedly refused Ward 2 Councilwoman Juanita Gowdy’s demand to know how Smedley’s being paid; and how he’s able to order a police officer to arrest a member of council if he’s not or employees do not believe he is the “chief of staff.”
CLEVELAND, OH – A federal law I know is codified at 18 U.S.C. 4 instructs anyone with knowledge of a federal crime to report it to court of cognizable jurisdiction or a civil or military authority; or face up to three years in prison for “misprision of felony.” So when I obtained a copy of the video last week of law enforcement officer impersonator Larry McDonald asking an OPOTA-certified law enforcement officer for some of the drugs he’d seized during an arrest I forwarded it to a Special Agent at the Federal Bureau of Investigtion (FBI) that handles public corruption.
The special agent delivered it to the U.S. Attorney’s office to review and obtain permission to investigate. Ward 2 Councilwoman Juanita Gowdy has a copy of this video and the others associated with McDonald’s demand for the drugs and threat to the cop’s life afterwards. She was “directed” to request it officially from Mayor Brandon King in writing to learn if he would discharge the duties of the mayor’s office and deliver it to federal authorities for an investigation.
King’s response came in the form of a letter Gowdy received from private citizen Willa Hemmons in the form of an unrequested and criminally-obstructive legal opinion that the council was not entitled to the city’s video as a “law enforcement investigatory record.” The “law enforcement officers obstructing the city’s lawfully elected officers from obtaining their records, including Hemmons, are private citizens Gowdy has confirmed to have met none of the qualifications for discharging duties as public officials of the municipal corporation.
Hemmons’ “opinion” as a private contractor council president Korean Stevenson and Gowdy have each warned in writing is not the city’s director of law is now additional evidence FBI agents will be asked to examine as an obstructive criminal tool. Members of legislative authorities discharging official duties are not the “public” for which public records laws were written. Legislators have rights to investigate every record in a city’s possession; and that authority to question any employee about them.
Last week Gowdy demanded the videos in the possession of the Richmond Heights resident who serves unlawfully as East Cleveland’s mayor to start the process for a request to the council president for a legislative investigation. Brandon King. The video evidence she wanted showed a member of the organized crime gang he leads threatening a certified law enforcement officer’s life.
Cash, drugs and cars have been unreported in numerous arrestsand schemes that involve King, McDonald and the team of uncertified individuals impersonating municipal law enforcement officers as police and prosecutors. Hemmons has been involved in an extortion scheme with King that lets people being arrested by law enforcement officer impersonators pay cash or surrender property and drugs to avoid criminal prosecution.
The video King and Hemmons are trying to conceal from council was leaked to me through sources close to assistant prosecuting attorney Heather McCollough. The heretofore criminal co-conspirer appears to have had a moment of sanity and remembered she’s a “licensed” attorney on a collision course with losing it and going to jail. She should reach out to FBI agents with a sense of urgency.
24 cops resigned within the last year as they faced a criminal complaint for discharging a law enforcement officer’s duties with expired Ohio Peace Officer Training Acacemy credentials. McDonald has not been certified since 2015; but his lack of credentials don’t matter to a mayor who claims to live with his brother at a home police raided for drugs at 1735 Elsinore Road. He’s currently the subject of a criminal complaint Mariah Crenshaw has filed against him for making arrests over the last 5 years with no police authority.
Neither police chief Scott Gardner nor former chief Michael Cardilli are OPOTA certified. Cardilli should have been removed from the payroll when he surrendered the police chief’s job as there was no act of council that authorized him to remain on the job as a private citizen in any capacity. Gardner was indicted twice for felonies in Cuyahoga and Medina counties. He pled to misdemeanors making him ineligible to work as a cop when he was investigating Timothy Russell and Malissa William’s death in 2013 with the Bureau of Criminal Investigations. The Fraternal Order of Police (FOP) doesn’t even represent the city’s private police anymore.
Gowdy and the new council leadership are trying to avert the civil liabilities they know are coming from the army of private citizens King has allowed to impersonate law enforcement officers in the city; and are concerned for the safety of private citizens making unlawful arrests of lawfully armed American citizens with the same “fear of life” defense as cops.
King called himself “demoting” McDonald as he accepted his claim that he was only joking. McDonald had already taken cocaine evidence before he asked for the bag of marijuana DeMarko Johnson was recording himself entering as evidence. The city’s two police chiefs, each operating without OPOTA credentials, appear to have removed the permanent cameras I had installed as mayor to record “everything” inside the police department.
King’s demotion ignored the theft of the cocaine for which McDonald was not kidding. Even law enforcement officer impersonator Joe Marche’s interview with Johnson is a “let’s not discuss the coke” coverup. I have those videos, too. So does the FBI.
I’ve already published the videos of Marche’s Bratenahl arrest while he was armed, drunk and that revealed how that city’s prosecutor left out the “gun” spec. The scar in his face is from a self-inflicted wound. The most unstable law enforcement officer impersonators in the world are armed and dangerously untrained and uncertified on East Cleveland streets.
Hemmons confirmed in her “opinion” that an outside agency was investigating. What she did not know is that the “outside investigation” she knows is occurring is of “organized criminal activity” of which she is identified as a co-conspirator. All of her opinions are being shared with federal investigating authorities in the light that Hemmons is a resident of Shaker Heights who is not an elector of East Cleveland qualified to discharge the duties of a municipal law director she’s never discharged according to any laws.
Hemmons has compounded the crimes she’s committing against East Cleveland taxpayers from a public office she usurped by obstructing council with even more opinions to prevent them from declaring the office she’s been holding illegally “vacant” back to January 19, 2015. That was the 10th day after she had failed to deliver the oath. Hemmons should have “advised” Gary Norton as mayor to administer the oath or resigned.
Michael O’Malley is Cuyahoga County’s prosecuting attorney. A democrat. Irish Catholic. He doesn’t believe in the Constitution of the United States of America. He doesn’t give two shits about the Constitution of Ohio. Fuck the 1994 Violent Crime and Law Enforcement Control Act that makes all these offenses I’ve reported to the FBI violations of 18 U.S.C. 241, 18 U.S.C. 242 and 18 U.S.C. 1961 as a “racketeering corrupt influenced organization.” Fuck all the state general laws and those that allow citizens pursuant to R.C. 2935.09 and 2935.10 to file criminal complaints against individuals using public offices to commit crimes.
O’Malley is a public official who has used the office to commit crimes with William D. Mason when they hid the felonious sex offenses of 496 Catholic church sex offenders with the help of Judge Brian Corrigan. Cuyahoga County’s criminal justice system is literally a Catholic organized crime family; and they’re covering for each other while fucking over the Protestants, Muslims and Jews.
Invariably O’Malley knows he’s faced with the reality that R.C. 2935.09 and 2935.10 is a non-discriminatory state law that gives anyone with knowledge of a crime to report it to either him or a judge to cause the offender to be prosecuted. It’s a duty of the public office he holds that neither O’Malley nor the county’s judges want to enforce as it will cause some of them to face criminal charges from citizens who know they’ve been violating their rights.
The federal “misprision of felony” law that required me to report the video in my possession to the FBI applies to judges and prosecutors who know felony crimes are being committed by public officials discharging official duties. When Claire Freeman filed her civil claim against the Cuyahoga Metropolitan Housing Authority’s (CMHA) board for dismissing her the judge identified federal crimes in her pleadings and alerted the FBI. 18 U.S.C. 4 applies to “anyone with knowledge of a felony.” The late Kentucky Judge Richard Baumgarten was federally prosecuted for failing to report felony crimes he knew court officials had committed.
A special agent was sent to the court in Freeman’s case to take notes and confirm the federal felonies since at all times CMHA’s “Consolidated Annual Contributions Contract” places it under Congressional oversight. East Cleveland is a “direct entitlement” city that receives HUD block grant funds. Police and fire are funded with federal grants. Federal funds are granted to O’Malley’s office and the courts. All are under Congressional oversight with duties imposed on its officials to report and prosecute “all” known and reported felony offenses identified by “any person with knowledge” under both state and federal laws.
What O’Malley has done with Russo, and now McMonagle, is obstruct citizens with rights from exercising them “under the color of law.” It doesn’t matter that O’Malley and the state’s 722 judges did not read the two letters former U.S. Department of Justice attorneys Lisa Foster and Vanita Gupta sent to then Chief Justice Maureen O’Conner in 2014. O’Connor “noticed” each of the state’s 722 judges, as she had been advised, that 18 U.S.C. 241 and 242, upgraded from misdemeanors to felonies under the 1994 Violent Crime and Law Enforcement Control Act, applied to prosecutors and judges as well as police who conspire to violate rights under the color of law.
The video I shared with the FBI, with all the supporting background information, is just the tip of the iceberg of information O’Malley and the county’s judges and municipal prosecutors know about the police with whom they’re interacting and with each other. They know oaths of office are requirements of laws. They know the oaths each was administered required them to obey and uphold constitutions and laws. They know laws written in English need no interpretation. O’Malley knows Larry McDonald is not a police officer and so does David Yost in his official capacity as Ohio’s attorney general.
McDonald is one of 32,000 police officers across Ohio working either with no OPOTA credentials or with those that have not been property approved with a request from each city’s “mayor” or “civil service commission” as “appointing authorities.” The chiefs of police interacting with OPOTA have no legal authority to appoint any peace officer. McDonald’s arrests are completely unauthorized by law. So are the arrests of the vast majority of 32,000 Ohio peace officers; and prosecutors and judges know.
My asking the FBI to pursue a criminal complaint against McDonald would be unnecessary if King had discharged the duties of the city’s mayor as its chief law enforcement officer. Federal money wouldn’t be needed for this shit if the criminals in the county prosecutor’s office prosecuted McDonald as soon as the attorney general alerted them that he was uncertified and still working.
So to the FBI agent witih whom I’ve been sharing information, please strongly suggest to U.S. Attorney General William Barr that he start from the bottom and work his way all the way to the top. Confirm the certifications of the peace officers. Oaths are required to be filed with the clerk of councils.
Confirm the certifications of the prosecuting attorneys. Some are operating without oaths. Some in violation of R.C. 3517.11(d) that instructs elected officials not to enter offices without first meeting campaign finance reporting requirements.
The same with the judges. All of Judge John P. O’Donnell’s cases from 2002 were from a usurped office just like Hemmons. He turned in his 2002 campaign finance reports to Brent Lawler at the board of elections in 2014; and Lawler criminally accepted and filed them. Certificates of election for every elected official shall be filed with the appropriate clerk “before” they “enter an office and discharge its duties.” Lawler’s conduct violates federal election laws and aided in O’Donnell’s conspiracy to violate rights from a usurped office under the color of law.
The U.S. Department of Justice in its 2014 investigation of Cleveland’s police department cited U.S. Constitutional provisions and federal laws that apply to every police department, prosecutor’s office and court in the nation. Every prosecutor who operated without statutorily-required credentials, and who presented the case of a peace officer discharging duties without statutorily required credentials before a judge who also did not confirm, and who presided over a trial without meeting election and credential requirements, is engaged in a “color of law” conspiracy to violate the constitutional rights of American citizens.
There are processes to how official acts of government employees are authorized by law. Failure to obey a process disqualifies the act as it was not authorized by law. The failure of “any” person to report felony offenses, and for prosecutors and judges to use public offices to cancel a citizen’s rights to report and cause these felonious acts to be criminally prosecuted, violates 18 U.S.C. 4 as well as 18 U.S.C. 241 and 242. 10 years in prison and death if an unlawful act under the color of law causes a death. Imagine the disqualified judge who presided over a capital offense trial.
It’s a “constitutional loop” that even compels the FBI agent I delivered the video to report it the felony. It’s why, as Hemmons has confirmed, “an outside agency is investigating.” She just left out the part about herself being identified as a co-conspirator in the full criminal investigation. Obviously Hemmons’ legal opinion has been shared with the FBI agent; along with written warnings to her and King from council that the unsworn Shaker Heights resident was not the city’s law director. That along with the affidavit Hemmons submitted in lieu of an oath as yet another criminally obstructive tool.
The “wise” reader will see the warning and govern themselves appropriately. The duty to report, whether you want to or not, is a requirement of federal law. There are periphreal elected and appointed public officials and employees who will get caught up simply because they knew and kept their mouths shut. Don’t. Contact the FBI at 216-522-1400 and “report.” 18 U.S.C 4.
The full scope of information I know is in the FBI’s possession is not generally known to the public. What’s taking place is of a magnitude larger than the county’s public corruption investigation and will affect more cops nationwide like McDonald.
The signals are in President Donald Trump’s June 16, 2020 executive order 22 days after George Floyd’s murder in which he instructed Barr not to send a federal dollar to uncertified police departments. He also instructed him to create a database for citizens to access cop credentials and corrupt acts … nationally.
McDonald has been caught stealing drugs. Former East Cleveland cop David Cimperman is being investigated for using his job as Amsterdam’s police chief to buy military weapons under the city’s name the current police chief could not find. 16 cops from East Cleveland and other local communities with no credentials were on Amsterdam’s roster with OPOTA. Cimperman bought two cars for Tenable on the city’s account; and the mayor had no knowledge. Police chiefs have no contract signing authority but it’s not stopping over 900 police chiefs from doing it across the state.
Information like this is known to Gowdy and East Cleveland’s current council. The city’s new council, because of our relationship, know better than any other what’s taking place and are actively engaged in acts to make corrections. One of the legislative tools King and Hemmons are obstructing are amendments to the city’s impersonation of law enforcement officer ordinance. Ord. No. 525.03. I’ve taken federal and state laws that deal with police misconduct and combined them all under one ordinance with clear instructions that protect citizen rights.
Three members of council are ready to pass what they’re calling the Tamia Chapman Actas an emergency to get McDonald and the other private citizens impersonating law enforcement officers “immediately” off the streets. They need two votes from Ernest Smith and Timothy Austin they’re not willing to give. King’s got Smith’s vote locked up with the car bribe he’s giving him. Austin doesn’t live in East Cleveland like King; so his bribe is King’s silence.
Organized crime. Anyone who sees this ignorant criminal shit has no other choice but to report it.
CLEVELAND, OH – Ward 2 Councilwoman Juanita Gowdy wants the videos in the possession of the Richmond Heights resident who serves unlawfully as East Cleveland’s mayor that show a member of the organized crime gang he leads threatening a certified law enforcement officer’s life. The certified law enforcement officer had placed his bodycam on a desk to record himself entering evidence from an arrest that included marijuana, cocaine and cash.
Law enforcement officer impersonator Larry McDonald had already taken the cocaine but he wanted one of the bags of marijuana. He was impersonating a police commander. The bodycam shows “the commander” returning to ask for a bag of the weed that’s in a book bag for his girlfriend. The certified law enforcement officer he took the cocaine from reminds McDonald his bodycam is on the desk. McDonald also wanted the cash.
McDonald looks towards the camera and walks away saying “I’m going to kill you.” It’s not known if the “girlfriend” he wanted the weed for is the police department’s internal affairs officer, Dominique King. McDonald is King’s “baby daddy.”
Ward 2 Councilwoman Juanita Gowdy and other members of council learned some of the details of the incident and demanded the video evidence in an email request to Richmond Heights resident Brandon King. Cash, drugs and cars have been unreported in numerous arrests that involve King, McDonald and the team of uncertified individuals impersonating municipal law enforcement officers as police and prosecutors.
As the city’s former mayor and director of public safety, I know there should be a video recording of the law enforcement officer giving a statement about the incident to another law enforcement officer. There should be an interview with McDonald conducted by the internal affairs officer.
It appears the surveillance cameras I had installed, and that were previously installed before my term in office as mayor, have been removed. Every area inside a police department is supposed to be under 24-hour video surveillance. Council should view the surveillance camera removals as an intentional criminal act to conceal more crimes like those McDonald was caught committing.
From the beginning of her term in office Gowdy has validated that no oaths of office or bonds are on file in the office of the council clerk for the majority of the city’s officers and employees pursuant to R.C. 705.28. Private attorney and Shaker Heights resident Willa Hemmons recently admitted in writing that a “preponderance of evidence” exists as proof she is usurping a public office she uses to obstruct council from exercising its authority to remove her and co-conspirer Heather McCollough. Ohio law requires law directors to be “electors” of the municipal corporations they serve.
Gowdy also confirmed that council has never authorized Hemmons in any resolution to file a claim in any court in the city’s name. Hemmons had no legal authority to file a claim against Chasing Justice founder Mariah Crenshaw as a “vexatious litigator” to cover her refusal to deliver public records.
Right after Tamia Chapman was killed by a chase initiated by a Target security guard from W. 117th to Superior & Euclid Avenue, Gowdy sent letters to Cleveland council president Kevin Kelly asking for a copy of a warrantless pursuit agreement between the two legislative authorities that allowed police officers to cross borders from either side. Kelly’s response came in the form of an answer to a public records request he unlawfully created in her name that no such document existed.
Gowdy shared Kelly’s response with the entire council, but only Stevenson and Martin thought enough about “the people” to join her in amending Ord. No. 525.03 to stop the misconduct.
Gowdy and councilman Nathaniel Martin are a part of the new council leadership that wants Council President Korean Stevenson to use council’s congressional-like investigative authority to hold public hearings on the organized criminal activity the law enforcement officer impersonators are engaging in as they move legislation to deal with it.
How King has been handling crimes committed by McDonald, Hemmons, McCollough, Michael Smedley and other officials of the city engaged in misconduct is the reason they decided to remove Ernest Smith from the presidency. Timothy Austin, a skate who spent 20 years in the U.S. Air Force and never achieved a rank above the level of staff sergeant as a chow hall cook, continues to abstain from voting against the corruption being engaged in by this nation’s “domestic enemies.”
Smith’s broke azz is too busy stealing transportation for himself in the form of a city car and gas to be concerned about protecting the city’s majority American Negro and Christian residents from being persecuted by Europeans, some with ancestry to Communist nations, impersonating law enforcement officers while violating their constitutional rights. Smith is the so-called founder of the Oppressed Peoples Nation who human trafficked underaged American Negro girls across state lines from Detroit to Cleveland to display their nude and nearly-nude bodies to adult men. Instead of exposing King’s administration for its insidious abuses against his own people, Smith has been voting no on any legislation that benefits Tamia Chapman’s family.
King has not ever been qualified as a resident to serve on either East Cleveland city council or as the mayor; which makes every act he engages in and document he has signed an obstruction of the city’s official business. The address King lists as his residence at 1735 Elsinore Road was raided for drugs twice by the police he now supervises. According to Cecil King, he and his “brother mayor,” and their other non-resident brothers, use the address of their convicted dope dealing brother Sheldon King’s residence to vote from because they care for East Cleveland.
The Richmond Heights public office usurper reacted to Gowdy’s official request by conspiring with Claude Mitchell and Pitassio Taylor to block the councilwoman’s email address so she would be unable to send any correspondence to him or other city officials. Not even the council clerk.
Council has every right and authority now to criminally charge Mitchell and Taylor with obstruction as their acts add them to the growing list of witnesses who will eventually be called for another “Onunwor-like” federal trial. Taylor was one of the suspects I identified as having unlawful access to my personal computer hard drive when the criminal investigation I ordered to learn how pictures from it were delivered to the media and voters was obstructed by Ralph Spotts, Scott Gardner and Ronald Riley. I see he’s still a scumbag.
The obstruction of Gowdy’s “communication” rights as a member of the city’s legislative authority goes beyond the purpose of the computer equipment and internet council purchased and “owns” as the city’s property; and violates R.C. 2913.04. Gowdy has every right now to take the evidence of Mitchell and Taylor’s tampering to the county prosecutor as the offense is a 5th degree felony. Akron’s ex-police chief, James Nice, a former FBI agent, was convicted under R.C. 2913.04 for his unlawfully accessing the NCIC database; and so is every other violator once exposed. Obeying the law below is one of the duties Hemmons should have advised King, Mitchell and Taylor to discharge.
2913.04 Unauthorized use of property – computer, cable, or telecommunication property. (A) No person shall knowingly use or operate the property of another without the consent of the owner or person authorized to give consent. (B) No person, in any manner and by any means, including, but not limited to, computer hacking, shall knowingly gain access to, attempt to gain access to, or cause access to be gained to any computer, computer system, computer network, cable service, cable system, telecommunications device, telecommunications service, or information service without the consent of, or beyond the scope of the express or implied consent of, the owner of the computer, computer system, computer network, cable service, cable system, telecommunications device, telecommunications service, or information service or other person authorized to give consent. (C) Except as permitted under section 5503.101 of the Revised Code, no person shall knowingly gain access to, attempt to gain access to, cause access to be granted to, or disseminate information gained from access to the law enforcement automated database system created pursuant to section 5503.10 of the Revised Code without the consent of, or beyond the scope of the express or implied consent of, the chair of the law enforcement automated data system steering committee. (D) No person shall knowingly gain access to, attempt to gain access to, cause access to be granted to, or disseminate information gained from access to the Ohio law enforcement gateway established and operated pursuant to division (C)(1) of section 109.57 of the Revised Code without the consent of, or beyond the scope of the express or implied consent of, the superintendent of the bureau of criminal identification and investigation.
Gowdy is concerned because King should have immediately taken the video to the Federal Bureau of Investigation. King should have demanded that they, not the private and uncertified individuals he’s unlawfully allowed to impersonate law enforcement officers, place McDonald under arrest for the “felony” crime of which he has knowledge as the city’s chief law enforcement officer.
A certified police officer’s life was threatened by a private citizen who is not certified under any state law to discharge a law enforcement officer’s duties. McDonald has been repeatedly warned by Ohio’s attorney general to stop carrying a weapon; and King had no legal authority to “appoint” or allow a private citizen anywhere near law enforcement equipment. The certified law enforcement officer, according to my sources, actually believed reporting McDonald would result in his being arrested and removed.
When Gowdy and other members of council learned that McDonald was not removed and charged, but simply demoted, they grew concerned that King was leaving a law enforcement officer impersonator in the position to carry out his “I’m going to kill you” threat under the color of law. McDonald engaged in a color of law kidnapping of Justyn Anderson after Judge Will Dawson obstructed the criminal complaint he filed against the law enforcement officer impersonator last year. Instead of ruling on Anderson’s complaint, Dawson is presiding over instead of outright dismissing a trial that came from the East Cleveland Sunrise newspaper publisher using the word “fuck” in McDonald’s presence. All of the officials engaged in Anderson’s criminal prosecution are individuals he’s exposed as organized criminals.
Every time McDonald and other uncertified private citizens access the FBI’s National Crime Information Center (NCIC) database they are engaging in multiple federal crimes. Private attorney Willa Hemmons has no legal authority to have been given NCIC access and a Terminal ID number who can use the privacy protected information to look up the backgrounds of the mayor’s enemies and potential jurors.
King has knowledge that McDonald’s theft of the drug evidence and the threat on the certified law enforcement officer’s life are felony crimes. So do Hemmons and the city’s unsworn prosecuting attorney, Heather McCollough. Instead of discharging the duties of the public offices they have usurped, the two private attorneys have conspired with King and the law enforcement officer impersonators he leads as an organize crime gang to violate the rights of the American citizens they interact with “under the color of law.”
McDonald is the subject of a court case that involves a 17-year-old teenager he and another law enforcement officer impersonator, Kenneth Lundy aka Kenneth DiSalvo, kidnapped in front of city hall in a private vehicle. The two had conducted a social media search and identified him as a murder suspect. What a private investigator learned is that the two had been buying guns off the streets for $500 each that had been connected to murders for them to plant on the suspects they wanted to arrest. One of the guns connected to a slain youth was placed in the 17 year old’s car.
This is just a part of the ongoing struggle against organized criminals the city’s legitimate and responsible legislators have been dealing with in plain view of Ohio Attorney General David Yost, U.S. Attorney Justin Herdman, Cuyahoga county Prosecuting Attorney Michael O’Malley and municipal prosecutors Willa Hemmons and Heather McCollough. This information and more has already been shared with FBI agents as required by 18 U.S.C. 4. Gowdy pursuant to that federal law wants the video as part of council’s attempt to remove unsworn and uncertified law enforcement officer impersonators who are placing their own lives at risk with each unlawful arrest as knowledge of their crimes against American citizens grows.
The danger now is for the certified law enforcement officers to be mistaken for uncertified ones; and armed citizens who know McDonald is not a police officer and see him as a “threat to their life” or the life of a loved one decide to defend themselves against him. McDonald and the state’s other uncertified police officers should read R.C. 2901.05 in its entirety.
When the law was enacted by Ohio’s general assembly as its version of “stand your ground,” Cleveland Municipal Court Judge Michael Nelson told me it gave the average the citizen the same “fear of life” defense as police officers. It involves the defense against a police officer who interferes with a person’s rights under the color of law when they’re not lawfully allowed to even have a conversation with an American citizen.
This is not one of those “come here” nations where a cop on the street gets to stop anyone they like at any time without a lawful reason to do so. If McDonald or any other private citizen operating without an oath or OPOTA credentials seeks to impersonate a law enforcement officer without them, they leave themselves with no legal defense against an American citizen they attempt to unlawfully stop, question or arrest who decides their actions are unlawful and a threat to their life.
McDonald should not ever return to the streets of any city wearing a law enforcement officer’s uniform. King should be criminally prosecuted for allowing him and every other law enforcememt officer wearing a uniform who has been instructed by the Attorney General of Ohio not to wear or carry a weapon. McDonald should have ceased discharging the duties of a law enforcement officer and carrying a weapon on January 1, 2020. So should every other individual who knows their OPOTA credentials are expired on every police department in Ohio.
Cease means exactly what it says. So does R.C. 2901.05. Private citizens impersonating law enforcement officers are placing their lives, the lives of their partners and the lives of informed American citizens at risk. Do not impersonate a law enforcement officer with expired OPOTA credentials. Resign. The executive director of OPOTA does not have the legal authority to “reinstate” any private citizen discharging a law enforcement officer’s duties with expired credentials.
R.C. 2901.05 Burden of proof – reasonable doubt – self-defense. (A) Every person accused of an offense is presumed innocent until proven guilty beyond a reasonable doubt, and the burden of proof for all elements of the offense is upon the prosecution. The burden of going forward with the evidence of an affirmative defense, and the burden of proof, by a preponderance of the evidence, for an affirmative defense other than self-defense, defense of another, or defense of the accused’s residence as described in division (B)(1) of this section, is upon the accused.
(B)(1) A person is allowed to act in self-defense, defense of another, or defense of that person’s residence. If, at the trial of a person who is accused of an offense that involved the person’s use of force against another, there is evidence presented that tends to support that the accused person used the force in self-defense, defense of another, or defense of that person’s residence, the prosecution must prove beyond a reasonable doubt that the accused person did not use the force in self-defense, defense of another, or defense of that person’s residence, as the case may be.
(2) Subject to division (B)(3) of this section, a person is presumed to have acted in self-defense or defense of another when using defensive force that is intended or likely to cause death or great bodily harm to another if the person against whom the defensive force is used is in the process of unlawfully and without privilege to do so entering, or has unlawfully and without privilege to do so entered, the residence or vehicle occupied by the person using the defensive force.
(3) The presumption set forth in division (B)(2) of this section does not apply if either of the following is true:
(a) The person against whom the defensive force is used has a right to be in, or is a lawful resident of, the residence or vehicle.
(b) The person who uses the defensive force uses it while in a residence or vehicle and the person is unlawfully, and without privilege to be, in that residence or vehicle.
(4) The presumption set forth in division (B)(2) of this section is a rebuttable presumption and may be rebutted by a preponderance of the evidence, provided that the prosecution’s burden of proof remains proof beyond a reasonable doubt as described in divisions (A) and (B)(1) of this section.
(C) As part of its charge to the jury in a criminal case, the court shall read the definitions of “reasonable doubt” and “proof beyond a reasonable doubt,” contained in division (D) of this section.
(D) As used in this section:
(1) An “affirmative defense” is either of the following:
(a) A defense expressly designated as affirmative;
(b) A defense involving an excuse or justification peculiarly within the knowledge of the accused, on which the accused can fairly be required to adduce supporting evidence.
(2) “Dwelling” means a building or conveyance of any kind that has a roof over it and that is designed to be occupied by people lodging in the building or conveyance at night, regardless of whether the building or conveyance is temporary or permanent or is mobile or immobile. As used in this division, a building or conveyance includes, but is not limited to, an attached porch, and a building or conveyance with a roof over it includes, but is not limited to, a tent.
(3) “Residence” means a dwelling in which a person resides either temporarily or permanently or is visiting as a guest.
(4) “Vehicle” means a conveyance of any kind, whether or not motorized, that is designed to transport people or property.
(E) “Reasonable doubt” is present when the jurors, after they have carefully considered and compared all the evidence, cannot say they are firmly convinced of the truth of the charge. It is a doubt based on reason and common sense. Reasonable doubt is not mere possible doubt, because everything relating to human affairs or depending on moral evidence is open to some possible or imaginary doubt. “Proof beyond a reasonable doubt” is proof of such character that an ordinary person would be willing to rely and act upon it in the most important of the person’s own affairs.
Amended by 132nd General Assembly File No. TBD, HB 228, §1, eff. 3/28/2019. Effective Date: 11-01-1978; 2008 SB184 09-09-2008 .