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Wheelchair petition heads to City Council

by Courteney Stuart
published 10:16am Tuesday Feb 19, 2008
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It’s been over three months since Gerry Mitchell was struck in his wheelchair by an Albemarle County Police cruiser and then ticketed by Charlottesville Police, but the feelings of outrage linger. At tonight’s City Council meeting, councilors will be presented with a petition reminding them that some of their constituents want to see the Charlottesville Police Department investigated for its handling of the case.

“People are asking what council is doing,” says Jim McKinley-Oakes, a social worker and friend of Mitchell’s who authored the petition, which has garnered nearly 200 signatures (not all of which are online). The petition also takes Albemarle County Police to task, but there is one significant difference between the city and the county: in Albemarle, a Police Citizen’s Advisory Board already exists. In fact, according to County spokesperson Lee Catlin, the County is accepting applications for the board through February 27, and needs to fill three seats.

McKinley-Oakes says he’d like to see a similar board created in Charlottesville, and he expresses frustration at Councilors’ failure to respond to emails he sent them directly, asking what they planned to do about Mitchell’s case.

“Fifteen minutes after I sent the emails to them,” he says, “I got a call from [Police Chief Tim] Longo, asking me to come in and meet with him and [Commonwealth's Attorney Dave] Chapman.” The call did not comfort McKinley-Oakes, who likens it to a child telling his parents a teacher had struck him, then having the teacher approach him about tattling.

“It was intimidating,” he says.

Longo did not return the Hook’s call.

Although the jaywalking charges against Mitchell were dropped in January, Mitchell’s problems have only mounted. Already in precarious health from AIDS and the drugs he takes to control it, Mitchell’s shoulder was injured during the November 5 incident. He also believes the trauma to his body from being struck and thrown to the ground triggered a cascade of further health problems including renal failure, gout, and now cataracts, brought on by medication he took to treat his severe pain. He estimates he’s lost 90 percent of his vision and will undergo surgery in the next several weeks.

A benefit concert on February 9 raised $2,000 that will be used for health expenses not covered by Medicaid.

McKinley-Oakes says watching his friend suffer physically and emotionally in the wake of the accident has been “very difficult.” He hopes the petition will encourage City Councilors to take a closer look at the incident.

“It’s really important they be part of this conversation,” he says.

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50 comments

  • Cville Eye February 19th, 2008 | 12:02 pm

    It is not clear what Mr. McKinley-Oakes wants Council to do, write a blank check? If Mr. Mitchell feels he has suffered damages, then he should sue in a court of law. That’s one of the reasons courts exists. I haven’t figured out yet how anyone with all of those illnesses described above is still alive. Let’s see… a County police strikes a pedestrian and the City should write a check…hmmm.

  • Eddie VH February 19th, 2008 | 12:42 pm

    The city should not write a check, but had the city given the albemarle Officer a ticket and had he been found guilty, perhaps the counties insurer would already have worked out a FAIR compensation for Mr Mitchells loss of health and any sense of an enjoyable life.

    There is no need for court unless one person is trying to screw the other. Mr. Mitchells repuation is unblemished. Can the city and county say the same?

  • Sick Of The Local Rambos February 19th, 2008 | 12:43 pm

    CVille Eye, did you miss this above?

    “At tonight’s City Council meeting, councilors will be presented with a petition reminding them that some of their constituents want to see the Charlottesville Police Department investigated for its handling of the case.”

    This is what they want council to do, see that the circling of the wagons is investigated by somebody other than the city and county coppers. The local coppers have proven time and again they can not police themselves.

  • Cville Eye February 19th, 2008 | 12:57 pm

    Insurance companies do not write checks based upon tickets. They write checks based upon suits or settlements of possible suit. They don’t write checks based upon people’s character either.
    Sick, who is supposed to do the investigation?

  • Sick Of The Local Rambos February 19th, 2008 | 1:32 pm

    Good question, CVille Eye! I don’t know of any agency I would trust to properly investigate the vehicular assault.

  • armchair quarterbacks February 19th, 2008 | 3:15 pm

    Still no petition from Mckinley-Oakes to financially compensate all of the officers who have been injured in the line of duty by citizens. I still smell a hypocrite.

  • Sick Of The Local Rambos February 19th, 2008 | 5:18 pm

    The courts have often ruled that getting hurt on the job comes with being a copper. Don’t you remember when Greene County Sheriff William Morris’ lawsuit was tossed against the guy who shot and almost killed him? The judge said it was part of the job and to be expected.

  • Cville Eye February 19th, 2008 | 5:21 pm

    I wonder if it’s part of a judge’s job to get shot or would he be able to sue.

  • Sick Of The Local Rambos February 19th, 2008 | 5:38 pm

    Good question, CVille Eye. But the baliffs in the Charlottesville and Albemarle courts have prevented our local judges from getting shot, thank God! I guess we will never know anytime soon. The last judge near us that I recall getting shot was Cunningham down in Louisa (1974)? He of course died at the time.

    And anyhow, the value of a judge is quite higher than that of a copper. Judges should be able to sue. :)

  • Sick Of The Local Rambos February 19th, 2008 | 7:00 pm

    Here’s yet another cop who has no business behind the steering wheel of a police car:
    ———————————–

    Monday, Feb 18, 2008 - 03:47 PM

    PULASKI, VIRGINIA — A Roanoke city police officer has been charged with driving under the influence of alcohol after he wrecked his police cruiser Saturday in Pulaski County.

    Officer Andrew Page was heading north on Interstate 81 when he ran off the road and struck a guardrail, according to Virginia State Police.

    The Roanoke Police Department has suspended Page while it conducts an investigation.

  • armchair quarterbacks February 19th, 2008 | 9:58 pm

    I said nothing about suing. It is my personal belief that without police that people like sick of local rambos would be complaining about how bad we needed police. Due to the fact that he would be sick of cowering in his basement with his head between his legs. Don’t be a hypocrite! Numerous police officers do many great things for their communities. You don’t read about it though because it’s not sensational enough to be deemed news worthy by the media.

  • Cville Eye February 19th, 2008 | 11:44 pm

    I watched Council this evening. It is still not clear what action exactly these people want the City to take, if not write a check. They should spell it out in a list for us dumb people. One….Two….

  • juicyfruit February 20th, 2008 | 6:09 am

    Here you go, dumb people
    Petition:
    Therefore, we call upon the Charlottesville City Council and the Attorney General of the Commonwealth to hold investigations into police misconduct and suspected corruption in the city and county police departments.

    Description/History:
    On November 5, Ben Gathright and Hayword Johnson watched as an
    Albemarle police officer drove his cruiser into artist Gerry Mitchell at the corner of West Main and Fourth streets.

    Witnesses heard the driver apologize to Gerry, and say that he failed to see him because he was looking down instead of at the road. The officer pulled Gerry back into his wheel chair rather than calling for paramedics or offering first aid.

    The wheelchair-bound Mitchell is suffering severe arm and shoulder
    injuries incurred in the incident. And a doctor believes the stress caused by the accidents and police misconduct may have caused his renal failure and the painful gout in all of his joints.

    The Charlottesville police department has not charged the driver, but
    they went to the hospital and issued tickets to Gerry.

    For weeks following the accident, the police, including Chief Longo,
    claimed there were no witnesses in spite of their own video proving that there were.

    It is imperative that Gerry Mitchell be treated with respect and dignity
    and that the police departments be held accountable for their actions.

    We have no confidence in the police departments ability or intention to
    adequately investigate themselves.

  • Sick Of The Local Rambos February 20th, 2008 | 9:13 am

    armchair quarterback, how about waving some sort of magical wand and make every corrupt crooked lying cop in Charlottesville and Albemarle disappear. There will still be enough decent honest cops left to get the job done.

    Believe it or not, crooked corrupt lying cops even lie on each other nowadays when they need to save their own bacon. I sat in on depositions of 3 cops last week. I can hardly wait to see the reaction on jurors faces when they get to see these guys and girls testify under oath.

  • Cville Eye February 20th, 2008 | 10:36 am

    juicyfruit, yes, here I go, as dumb as I am.
    “…to hold investigations…” What kind of investigation would you like for Council to hold, something like a Senate hearing where people stand up and testify as to their opinions, or some type of forensic inquiry like they have in the old mystery movies?
    “It is imperative that Gerry Mitchell be treated with respect and dignity and that the police departments be held accountable for their actions.” How is Mr. Mitchell to be “treated with respect and dignity,” with a check? How is “…the police departments be held accountable for their actions?” Are they supposed to be publicly reprimanded, take leave without pay, write personal checks, series of demotions, or get fired?
    I’ll tell you, juicyfruit, I’m so dumb I just don’t see what you’re asking for and I appreciate any of the time you take to clarify your position. I know this must be an important issue because so many people are investing so much time emailing Council and staff and I suspect the emails contain clarifying information that the general public does not have.

  • Cville Eye February 20th, 2008 | 10:42 am

    Oh, and juicyfruit, please indulge me with one more question. Was Mrs. Hamlin’s “respect and dignity” included in this petition or will she be the subject of another petition?

  • armchair quarterbacks February 20th, 2008 | 11:53 am

    Which three? I find it hard to believe as big of a hard on as people have for local law enforment that you sat on a depositions involving three corrupt police officers. Reason number 1-if there is a corrupt police officer case in albemarle or charlottesville the media would eat it up and run with it for the next year. Reason number 2-I don’t know how many depostions you have ever been a part of. Depositions are extremely rare in a criminal trial. Typically they are held in a closed conference room at a law office. The only people present are the attorneys, the person suing, the person being sued, and a sworn court reporter. The witnesses have already been agreed upon. They call the witnesses one at a time to testify. It’s kind of like answering a discovery motion for court. If you sat on a deposition you’re a lawyer, you’re a court reporter, you’re suing someone, or you’re being sued. If you’re either of the first two you have broken your oath by talking about it here, congrats. If you’re not then you could just be angry that they didn’t testify the way you wanted them too. Just because three witnesses testify differently doesn’t impress me. You could have ten people all see the same incident and all ten will remember it different. It never stops amazing me that people who would never do police work because it doesn’t pay enough, they’re to scared, don’t want to get involved, will be the first people to try an tell law enforcement how to do their jobs.

  • armchair quarterbacks February 20th, 2008 | 12:08 pm

    Sick,
    You mean do more with less. I’m sure you’re going to be complaining again when it takes the police longer to respond to your my neighbor’s dog is to loud complaint. I will not wave a magic wand because I live in the real world not your fantasy world. I would like the system to work the way it was set up too. Let’s say you get a ticket. If you don’t agree with it go to court and fight the charge. If the charge gets dropped more power to you. If you get convicted appeal or pay the fine. What you shouldn’t do is go run to media cause you automatically feel wronged. If the police ran to the media to publish a story about every jerk they dealt with there would be a great deal of embarrassed people out there.

  • Eddie VH February 20th, 2008 | 12:11 pm

    Insurance companies write checks to compensate victims for liabilities created by their insured. The overwhelming majority are paid without even a THREAT of a lawsuit. I also would bet the farm that if the county went to it’s insurer and said to “make it right” or we will change companies next year the insuance company will actually make it right rather than lose the policy. especially if the county came out and did tthe right thing.. publicly admit fault. Insurance companies tell you not to so that they can save money. If I hit someone and ruin their life I don’t care if my premiums double, I want them compensated. There is nothing illegal about telling the truth and insurance companies can suck it.

  • Cville Eye February 20th, 2008 | 12:33 pm

    I don’t know of any insurance company that pays a non-claim simply upon the advice of the insured. If that was true, I’d sock my neighbor in the eye and share the settlement. Ever heard of Chandler, Allen & Allen, Marks & Harrison? It’s clear that the local governments are not going to be pressured into writing a check, so maybe somebody ought to be writing down the phone numbers for one of these law firms when it flashes on local TV. By the way, what do you think should be the size of the check, $100k or $1M? And, are you one of Mr. Mitchell’s brothers?

  • Sick Of The Local Rambos February 20th, 2008 | 5:22 pm

    armchair quarterbacks, you’re right. I should clarify. It was three cops all trying to save their own bacon. The usual “he said, she said”, “no, I didn’t”, “yes he did”, “I never said that!”, “that’s what he told me!”, “she is mistaken!”, “he is mistaken!”, etc… It’s hilarious I tell ya! You want my impression? There’s two good ole boy coppers trying to hang a rookie female copper out to dry. And she’s not going to take it laying down! So therefore the good ole boy coppers are now trying to say she misunderstood which of them told her what. House of cards, just waiting to fall. You’ll be able to read about it before the year is over.

    In reference to your second reply there, you don’t have to worry about me calling the cop shoppe unless there’s an imminent threat to life or property. Otherwise they don’t really want to be bothered anyway. I saw something in the news the other day about Albemarle County announcing an online reporting system for simple crimes. They don’t even want to respond to the usual stuff anymore. I guess the improved online reporting system is still better than hearing “dispatch, do you have a phone number for the plaintiff?” all night long. They were answering calls by phone all night. I never did understand all this calling people by phone to take reports, how would they view the crime scene of a felony theft and take fingerprints by phone?

    And once again… just like being injured on the job… dealing with jerks is to expected in police work. If they don’t like it they need to look for a new job. Maybe they need a bank teller’s job behind a bulletproof drive-in window.

  • Sick Of The Local Rambos February 20th, 2008 | 5:24 pm

    CVille Eye, if you’re taking suggestions or opinions, I think Mitchell should be entitled to $1,000,000. Put me on a jury and I will give it to him. :)

  • sheep dog February 20th, 2008 | 8:43 pm

    I’ll have to say all of your arguements are interesting. Sick, Im sure no police officer could ever do anything right for you. Just because they want to help, and make it so you can walk out of your home, doesn’t mean they should expect to get injured. All professions have great, good, average, and below average employees. We all make mistakes and coppers, as you call them, are humans. If Mitchell is injured due to the accident a judge will order him compensated, but to just give a check to him is insane. I’m suprised you think there are so many dirty cops around. Maybe you should become one and make it better, that is if your willing to risk your life for $15 an hour….that’s what they start at. I’m sure people are just standing in line to be abused by you for $15 an hour. Maybe you won’t get shot…maybe you’ll be spit on by someone with hepititas and wonder if you’ll take it home to your family without knowing it. Maybe you’ll make a life and death decision it .5 seconds that you’ll spend 8 years getting sued for. Maybe you’ll win the suit only to have it appealed and then lose it, but you can’t appeal it. Oh yeah…there was another witness, but they don’t mention in the media they waved Mitchell across the road against the no crossing sign. I think you’ll be very happy as a police officer at $15 an hour before taxes. Especially living around here. An officer having an accident does not make him corrupt, nor is the officer that issues a ticket for a violation. You may disagree with the decision, but he is not a criminal for seeing things different than you.

  • eddie vh February 21st, 2008 | 11:30 am

    Ever hear of Geico, Allstate or state farm? You think that they go to court everytime there is a car accident with an injury? Of course not.They try settle asap. The point is the same. If I run into you and I tell my insurance company that it was MY FAULT that I was looking at my radio, and will testify on the stand to to that fact, my insurance will realize that they will get slaughtered in court and try an do a deal. Of course with a case of this magnitude there will be a lawyer involved but you don’t always need to file a suit. If Mr Mitchell were to be reasonable (which we all believe he would) and the insurance company knew that the county was going to sink them in court by admitting fault they would negotiate the best deal they could. With the chance of losing big in court and losing the counties million dollar premiums they might just decide that fair is better than f@#ked.

  • Sick Of The Local Rambos February 21st, 2008 | 2:34 pm

    quote: “I’m suprised you think there are so many dirty cops around.”

    Don’t take my word for it. Just click on http://www.badcopnews.com on a daily basis and read all about it. I have never seen so many cops getting arrested before in my life. For the same things they arrest other people for. But they all think they are above the law.

    We just had yet another Albemarle cop arrested this week for domestic violence against his wife. Of all people. Jeff Turner, a field training officer should have known better.

    And check this entry out in http://www.badcopnews.com , cops fighting other cops in public view on American streets. Who ever thought we would see crapola like this in America? Being a cop is not a profession to be proud of any longer. Sorry.

    ——————————-

    February 20, 2008

    BOSTON, MASSACHUSETTS - A Boston police officer filed a federal lawsuit yesterday asserting that a state trooper slapped him and dragged him at least 150 feet with his cruiser during a dispute outside TD Banknorth Garden in 2006.

    Edward J. MacPherson, a 20-year veteran of the Boston police force, said in the civil rights suit that Trooper Robert Grover attacked him for allegedly failing to keep traffic moving as MacPherson worked a paid detail during a Tim McGraw and Faith Hill concert.

    He said Grover bumped him with his cruiser, slapped him in the face, and knocked his police hat off, and then dragged him as MacPherson’s arm was wedged in the window, causing him to lose his handcuffs, police radio, and the ammunition clip in his gun.

    “Here’s a police officer on duty,” MacPherson’s lawyer, Peter T. Marano of Boston, said of his client last evening in an interview. “He can probably rationalize a bad guy trying to hurt him. How do you rationalize someone in a police cruiser and a uniform trying to do that to you?”

    MacPherson was taken to a hospital afterward with injuries to his left shoulder, arm, and back. He was out of work for several months after the confrontation, which drew little news coverage, and suffered from post-traumatic stress disorder, his lawyer said.

    Marano said the State Police subsequently held a court martial for Grover. He said he did not know the outcome, but added that Grover is no longer employed by the State Police.

    Sergeant Robert Bousquet, a State Police spokesman, said Grover has retired, and he did not know whether the episode with MacPherson was a factor.

    Bousquet said he could not comment on whether Grover was subjected to a court martial because such proceedings are personnel matters.

    The episode began shortly after MacPherson arrived at Causeway and Beverly streets at 10:25 p.m. on June 26, 2006, to help pedestrians cross and to keep traffic flowing, according to the suit. He was working outside his cruiser.

    Grover, who was assigned to the State Police Marine Unit around the corner on Beverly Street, drove up in a cruiser while wearing a T-shirt and shorts and told MacPherson that limousines were blocking the area and to move them, the suit said. MacPherson told him he would take care of it.

    The trooper and police officer then argued, and Grover threatened to arrest MacPherson, the suit said. Grover then got out of his car, walked up to MacPherson, and slapped him in the hand. When MacPherson warned Grover not to touch him again, the trooper allegedly replied, “I’ll be back, pal,” then sped off in his cruiser.

    About 20 minutes later, MacPherson was directing traffic when Grover, now in uniform, sped in his cruiser directly at MacPherson, the suit said. The cruiser skidded to a stop but bumped MacPherson, knocking him back several feet.

    After MacPherson went to the window, Grover slapped him in the face, MacPherson said in the suit. MacPherson reached into the car and grabbed Grover’s shirt, but the trooper gripped MacPherson’s arm and stepped on the accelerator, dragging him down the street until the police officer fell to the ground.

    Grover and several other troopers tried to place MacPherson in handcuffs, but stopped after several Boston officers arrived, said Marano. No charges were filed.

    MacPherson’s lawsuit names Grover, the State Police, and several State Police officials as defendants. The complaint alleges that Grover had a history of misconduct that his employer covered up.

  • sheep dog February 21st, 2008 | 4:35 pm

    Once again all professions have good and bad. You have read about 10-100 police officers out of the nations 700,000 officers and you say they all think they are above the law. Those numbers don’t add up. Bad cops should be arrested like anyone else, but having an accident with a pedestrian does not make a cop crooked. Writng a ticket that not everyone agrees with does not make someone dishonest. I find it funny that you don’t trust cops…..until they arrest another cop….then they must be right. None of us were in the Turner home and don’t know the facts. Who says he is guilty, noone yet. If an officer breaks the law he should be charged, but it doesn’t mean the all his co workers are law breakers. I would also warn anyone about believing what you read. It’s amazing how some stories get twisted. I will check out that web site though.

  • Sick Of The Local Rambos February 21st, 2008 | 4:55 pm

    Having an accident does not make one a crooked or corrupt copper, true. But failing to acknowledge you confessed to wrongdoing at the scene makes the person no better than the administration that forbids them from making any further statements about this wrongdoing. Thank You.

    And the entire discussion of crooked corrupt cops goes right over your head, doesn’t it? Crooked corrupt lying cops are just like shoplifters, for every one that is caught, 99 probably aren’t caught.

    And I haven’t simply read about 10-100 cops being arrested nationwide. I read about at least 25 to 30 per day on http://www.badcopnews.com alone. And I am sure they miss quite a few. 20 and 3o times 365 days a year = 9.125 to 10.950 a year. Sounds a little more serious when you view it this way, doesn’t it? To make things worse, let’s just say 10,000 coppers a year arrested for seven years….. this is now 70,000 cops, or 10% of the law enforcement community being arrested every seven years. That’s some pretty startling statistics when you consider many cops aren’t caught in their wrongdoing. They skate free their entire career. Thank God for video cameras, cell phones with video capabilities, and digital cameras with video capabilities! Taking down crooked corrupt cops the way it should have been done 30 years ago. Agreed?

    Now as far as arrested cops not automatically being guilty, true again. But if you follow http://www.badcopnews.com on a daily basis as I have suggested, they post updates to show just how many take a plea or are found guilty. And it’s the vast majority.

    Topping the list of crimes cops are arrested for lately is 1) preying on children, and 2)crashing their patrol cars while drunk. Both of these seem to be at epidemic proportions for some reason. Alcoholism has always been a major problem in the copper profession of course. I don’t guess it should be any different now, eh?

  • Sick Of The Local Rambos February 21st, 2008 | 5:01 pm

    As soon as I finished typing the above reply I went to http://www.badcopnews.com to see the latest. Guess what I found just 100 miles from here? A 39 year old cop preying on a 14-year-old child. While the mom has probably taught the child to place trust in police officers. What a joke!

    —————————-

    February 21, 2008

    WASHINGTON, DC - A District of Columbia police officer has pleaded guilty to charges that he arranged to have sex with a 14-year-old.

    Thirty-nine-year-old Kenneth Longerbeam, of Gwynn Oak, Md., pleaded guilty to one count of traveling to D.C. to have sex with a minor.

    He faces up to 30 years in prison when he is sentenced in May. As a condition of the plea agreement, he will also have to resign from the police department and will have to register as a sex offender.

  • sheep dog February 21st, 2008 | 6:10 pm

    If he pleads guilty or is found guilty he should receive thirty years. This concept does not fly over my head or the head of anyone I know. You are creating your own numbers…. first of all the plea out numbers are ridiculously high for all people charged. For every corrupt copper, there are 1,000 that are not….even by your numbers. Those officers do good deads every day, but that is not as much fun to talk about in the media nor as profitable. I don’t mean they stopped a robber or killer, I mean they called a tow truck for a scared elderly couple that didn’t have a cell phone. Calmed down a teenager that is crying at their first accident, even if they gave them a ticket. Maybe the officer just made a child feel good by waving to them at the bus stop. As far as not being able to make further statements…That’s a crazy world and topic that rises far, far above the officer or his/her admin. Maybe you don’t remember 15-20 years ago when the businesses were folding downtown and you couldn’t walk on the downtown mall without being cursed or assaulted. I remember and I remeber the city cleaning it up and creating programs that attracted all the current businesses we all enjoy. Well none of that would have happened without those coppers you hate cleaning up the crime. Sure there are bad cops, but you lump them in with all the good ones. Maybe you don’t think any good ones exist? I hope to hear your ideas for fixing the problem, maybe even becoming an officer, a good one.

  • Sick Of The Local Rambos February 21st, 2008 | 6:50 pm

    I don’t think you paid a bit of attention to what I just said. I’m not making up numbers. http://www.badcopnews.com is my proof of how many cops are being arrested nationwide on a daily basis. Multiply it by 365 days a year yourself. I stand by my estimate that 10% of the entire law enforcement community is being arrested and charged with a crime every 7 years. This is a far cry from your estimate of 700 out of 700,000 nationwide are corrupt and crooked (1 out of 1000, your words).

    Walk the mall without being cursed or assaulted? I recall it quite well. It was just a few months ago. Have you been out of town for a while? And as far as being assulted on or near the mall… the worst case recently was when an out of control cop almost ran over two citizens and then arrested them. Did you hear about this? When their lawsuits come down the pike, I am almost certain one of their civil claims will be assault and battery upon themselves by the copper.

  • sheep dog February 21st, 2008 | 10:25 pm

    Now your not listening, I was talking about the state of the mall twenty years ago when there was nothing but closing businesses. badcopsnew.com does not make it true. I have not debated you on the fact that there are people that shouldn’t be cops. I debate the fact that all cops or even most are bad. Most are good. Let’s agree to disagree. I can do the math and there is not 70,000 officer being arrest every seven years. As far as the two citizens being almost run over. I wasn’t there, but I have no arguement on that one. Once again please give some suggestions on making things better. I will have to say I find your knowledge about local officer interesting, you must work near them. Who would know Officer Turner is a field training officer? Have a good night Sick.

  • ITDude06 February 26th, 2008 | 1:30 pm

    I personally believe still, that Mr. Mitchell was at fault. He SHOULD have seen that the crosswalk “Do Not Cross” light was on. Because he went ahead and crossed, this whole thing was Mr. Mitchell’s fault. I personally believe that the City Police did everything right. Why should council have to write a check or apologize at all for that matter, because of the actions that one citizen took. I’m sorry that Mr. Mitchell has all of his medical problems, before, during and after the accident, but he brought that on himself. If the sign says “Do Not Walk” than he shouldn’t have crossed. If he couldn’t see the sign, then maybe he needs better glasses.

    Regardless of what the law says, Mr. Mitchell SHOULD NOT have crossed. As for whether or not the police officer really did not see Mr. Mitchell, that is still up for interpretation. I fully back Mr. Longo and the Commonwealth Attorney on this one. Why are we talking about suing the government, when it was Mr. Mitchell’s fault in the first place? Obey the law people! And do what you’re supposed to! We wouldn’t be having this debate right now!

  • M February 26th, 2008 | 1:45 pm

    IT dude…first off, do you know for a fact that the light had the do not walk sign when he started into the crosswalk? We know that it was on do not walk after he was hit, but as you probably know if you walk around the city at all, often the walk light only lasts for about 3 seconds before it begins blinking do not walk. A person with two good legs has to run to get across in time, a person in a wheelchair or who is a slow walker might not be able to get across.

    Second, it really doesn’t matter whether he had the light or not. The cop was making a left turn into this crosswalk in broad daylight. There’s no reason why he shouldn’t have seen Mr. Mitchell, except that he and another eyewitness claim that the cop admitted he was looking down when he struck him. If it had been pitch black dark and Mr. Mitchell wasn’t in the crosswalk, then I might say, sure, it was an accident, don’t blame the cop. But that wasn’t the case. What is troublesome here is that at best, both parties appear to be at fault, but only one has been blamed by the police.

  • Sick Of The Local Rambos February 26th, 2008 | 1:59 pm

    Maybe ITdude06 can explain why a police Jeep almost runs over two civilians in a crosswalk and then arrests both of them when they are startled and react negatively towards him. Dragging two people through the court system, jeopardizing one or both of their careers, simply beacuse he could not control his anger. “Contempt of Cop” sure does make coppers do stupid things at times. Then the coppers have to answer for their “street justice” in a court of law.

    Furthermore, it’s up to a jury to decide who was at fault in either or both incidents. we can sit here and root for the coppers or for the victims, it makes no difference. I look forwards to watching both lawsuits in the future.

  • sheep dog February 26th, 2008 | 6:12 pm

    “can’t we all get along” - Rodney King

  • TheSaneOne February 26th, 2008 | 10:12 pm

    Sick, obviously you have had a past with Police. I am sorry if that is true but based on your long history of posts here, it may help for you to purge the negativity in your life and become a part of the solution and not the problem. Post a positive for once, PLEASE

  • Sick Of The Local Rambos February 26th, 2008 | 11:17 pm

    Not entirely true, SaneOne. Not a past with “police”, police meaning the entire organization(s). But you’re warm, I have a past with a very small handful of crooked corrupt individuals who abuse their badge and authority in seeking some type of revenge or payback for whatever reason. Their actions and involvement were exposed. (One still thinks he’s off the hook!)

    The negativity could very well be purged soon. We now have them on record calling each other liars with each trying to save his/her own bacon. It is getting very interesting.

    Some of my best friends in the world are local decent honest hard working police officers and other individuals associated with the local criminal justice system. I will defend them to the end unless they run over a crippled man in a wheelchair in a crosswalk. And many of these friends still serving in a law enforcement capacity each and every day have some pretty serious reservations about local law enforcement themselves. They simply can’t speak up. Can you imagine them speaking up and getting fired 6 months before being eligible for retirement? Have you ever seen a 25 year police veteran nearing retirement shake his/her head and laugh when you mention the new breed of “rookies” roaming the streets now? Have you ever seen a 25 year police veteran nearing retirement shake his/her head and laugh when you mention other 20 and 25 year veterans who should have been fired years ago? I have. They laugh and agree behind closed doors. And I am speaking of officers in command levels. And trust me, I have seen it numerous times!

  • Lightbulb February 26th, 2008 | 11:54 pm

    I’m sure everyone remembers this interesting story from 2003 highlighting the antics of one particular Albemarle (formerly Louisa) deputy sheriff. Looks like Camblos and Robb were protecting a corrupt cop.

    Hey Sick, whatever happened with that story? This reminds me of the cases you’ve posted about where a bad cop’s history follows him from job to job.

    Alb. Deputy Accused of Sketchiness
    Published by
    Waldo Jaquith
    June 6, 2003 in Law and Justice.

    In March, an Albemarle County sheriff’s deputy claimed that he was shot by a “suspicious” black loiterer on Berkmar Drive; now he’s being investigated by the county police, and has been accused of lying about what happened. Deputy Stephen Shiflett claimed that he saw a suspicious-looking black man standing out front of Pet Food Discounters that, when the deputy approached him, show at him, hitting his bulletproof vest and his patrol car. The man was later found, but not arrested. Turns out Deputy Shiflett had attacked and arrested a couple who had reported an unlocked convenience store when Shiflett was a Louisa deputy in 2000, with a federal judge consequently awarding half a million dollars to the couple for having their constitutional rights violated. Sheriff Ed Robb, who declared the March attack to be a “hate crime” at the time, says that he’s “established very high standards for Albemarle County’s sheriff’s deputies,” citing Deputy Shiflett’s lack of a criminal record and punctuality.

    http://www.cvillenews.com/2003/06/06/alb-deputy-accused-of-sketchiness/

  • Cville Eye February 27th, 2008 | 8:35 am

    What does the incident in Louisa have to do with the one on Berkmar? Was there point made here?

  • Cville Eye February 27th, 2008 | 9:10 am

    Who is this hyphenated Oakes (British?) person slinging around “corruption?” Has he taken or is he planning to take his “petition” to the Board of Supervisors? Or is he just picking on Council because he thinks they are an easier target for political pressure (weak-kneed and weak-willed)? Why did Mayor Norris extend the three-minute comment period to allow -Oakes to read comments by other petitioners who may live in New York? Is this his way of supporting their mission?

  • Sick Of The LAPD Wannabes February 27th, 2008 | 9:11 am

    Lightbulb, the case in Albemarle just fizzled out and went away. Supposedly, nobody could make the case or find out what really took place. The deputy left town and got another job. Whoever did Shiflett’s background check sure didn’t do Sheriff Robb any favors. The kid had no business being hired after the three ring circus in Louisa County. The incident in Louisa is exactly why people have come to not trust coppers. You call and report a suspicious circumstance and end up sitting in jail yourself. Manhandled, pepper sprayed, and jailed simply for reporting a merchant left and forgot to lock the main entry door of his business. This is just as bad as almost running over two citizens in a crosswalk with a police Jeep and then locking up the citizens! :)

  • Cville Eye February 27th, 2008 | 9:21 am

    If that’s the case, then I can’t imagine why people would be brave enough to curse at a “copper” as he drove by. That couple is lucking they didn’t curse at me if I had driven by.

  • Sick Of The LAPD Wannabes February 27th, 2008 | 9:26 am

    Ahh come on, CVille Eye! When a person hits their thumb with a hammer, their first reaction is to shout out expletives! You’ve seen it, I’v seen it! And if I have a 4,500 pound Jeep come barreling down on me and my finacee and stop 3 inches from our legs… I would also shout out expletives. I suspect you would too. It was way too easy to get out of the Jeep and apologize to the people. Wouldn’t have hurt to ask if they were OK too. But no, Rambo had to do it the hard way in LAPD style. Getting cursed at in a law enforcement position is the norm, not the exception.

  • Cville Eye February 27th, 2008 | 9:35 am

    I have hit my finger and have never used expletives because of it. How ridiculous to say that someone should get out of his Jeep and say “I’m sorry I caused you to curse at me as though I was something less than you and therefore not deserving of respect.” I don’t think that you get that people do not exist so that you can take out your anger or frustration upon them. That behavior is called “abuse” today. It used to be called “common, low-lifed and trashy.” As I said before, they’re lucky I wasn’t the one driving by. My behavior might have been called “murderous.”

  • Sick Of The LAPD Wannabes February 27th, 2008 | 9:42 am

    You would respect a reckless driver who had just almost run over and crippled you?

    You’re a better man than I. :)

  • Cville Eye February 27th, 2008 | 9:47 am

    I am certainly not going to try to top that last statement. :)
    What do you know about “-Oakes?”

  • Sick Of The LAPD Wannabes February 27th, 2008 | 11:04 am

    Nothing.

  • Fred Neck February 27th, 2008 | 5:04 pm

    c-ville eye, if someone almost ran over me and I hollered at them to slow the f down and they were actually dumb enough to get out of their car and not apologise I would pound them into the pavement and piss on the corpse.

    cops should NEVER act out in anger. If they do they should be disiplined fired or arrested same as any other “employee”

  • Cville Eye February 27th, 2008 | 5:19 pm

    That’s why vehicles have reverse.

  • Sick Of The LAPD Wannabes February 27th, 2008 | 5:34 pm

    Fred, is it safe to assume you won’t be baking dozens of cookies and going to the annual Police Awards banquet this year?

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