Kylen English: Feds not pursuing charges

Published: Friday, July 20, 2012 @ 5:09 PM
Updated: Friday, July 20, 2012 @ 7:43 PM

The U.S. Justice Department will not pursue federal criminal civil rights charges against Dayton police or the sheriff’s office concerning the death of Kylen English, federal officials announced late Friday afternoon.

There is insufficient evidence to pursue the charges in English’s death July 16, 2011, according to the justice department release.

English, 20, died after he escaped from a police cruiser while handcuffed, then jumped off the Salem Avenue bridge.

A U.S. Department of Justice investigation has cleared the Dayton Police Department and the Montgomery County Sheriff’s Office of misconduct in the July 16, 2011, death of Kylen English after he escaped a police cruiser by breaking out a window and jumped off the Salem Avenue bridge, falling 30 feet to rocks below on the flood plain of the Great Miami River.

“There is a lack of evidence to contradict the medical examiner’s finding that English committed suicide or to support allegations of misconduct by law enforcement that surfaced following Mr. English’s death,” the department wrote in an announcement released late Friday afternoon.

“There is insufficient evidence to pursue federal criminal civil rights charges,” the announcement said.

Derrick Foward, president of Dayton unit of the NAACP, said the civil rights organization, which called for an independent federal investigation by the FBI, supported the decision. “When we called for the investigation, we also said we would support their decision. We feel saddened for his (English) family.”

Rachel Shaw, English’s mother said Friday she would not comment, referring a reporter to the family’s attorney who has filed a lawsuit against the city and a local hospital.

The attorney, James Greene III, said he was dismayed with the Justice Department’s conclusion. “There is an abysmal failure to do a sufficient examination,” he said, saying a medical expert hired by the family to review the coroner’s findings found no evidence that indicated English used his head or arms to break out the cruiser’s window.

“I’m pleased the Justice Department found our policies and procedures were never violated, not Mr. English’s civil rights,” Sheriff Phil Plummer said Friday evening.

“We thought an independent, outside investigation was important,” City Manager Tim Riordan said. “Our goal now is to move forward … to strengthen community-police relations and to create an environment that promotes safety, fairness and respect for all.”

A police officer was transporting English, 20, from Grandview Hospital to the Montgomery County Jail following an evaluation. As the cruiser turned onto the Salem Avenue bridge, police said the 6-foot, 210-pound English, seated unbelted in the back of the cruiser with his hands handcuffed behind his back, broke out the passenger-side window with his head, rolled out the window as the cruiser stopped and leaped over the bridge railing.

Seconds before breaking out the window, English is heard on the police cruiser’s audio-tape asking the officer, “Do you believe you go to heaven if you kill yourself?” and then “I want to die.”

The federal investigation is the third to conclude the death a suicide. A police investigation and a Montgomery County Coroner’s investigation came to the same conclusion. The Montgomery County Sheriff’s Office conducted an investigation, finding no fault with the deputies’ actions while English was at the jail.

English had been arrested earlier in the day after he allegedly attempted to kick down the door of a relative of his girlfriend, who was in a back bedroom. Security video from the apartment hallway shows an enraged English kicking the door and screaming. After his arrest several blocks from the scene, English was taken to the jail.

Grainy, stop-action security video from the jail , showed English and the officer walking to the jail intake. While the officer was filling out the booking slip, English stood facing the cinderblock wall. The next frame, 3 seconds later, showed English slumped on the floor.

Police said English had slammed his head into the wall. With the help of deputies, the officer rushed English into a “shake down” room where he was checked by jail medical staff. The staff refused to accept English because his pupils were not responding properly to light, indicating a possible head injury. The officer then placed English back in his cruiser and took him to Grandview where he was evaluated and medically cleared.

During his trip from the hospital, the officer turned on his in-car audio and the forward-facing video system, telling English he was being recorded. After English’s last statement that he wanted to die, the audio picked up several bangs — English apparently using his head to hit the right-rear passenger window. As the office pulled over to the side of the bridge and stopped the cruiser, the video showed shards of safety glass falling on the cruiser’s hood. The officer is heard shouting as he sees English launch himself out the window and over the bridge railing.

Some members of the family initially told police and the Dayton Daily News that English suffered from depression and “self-harming behavior.” Family members later denied making the statements.

Other family members alleged police had Tased and beaten English. Neither the videotapes, audiotapes, the police investigation, the sheriff’s investigation, the coroner’s autopsy nor the Justice Department investigation found any evidence to support those allegations.

Greene, the family’s attorney, said their medical expert concluded English died from the fall from the bridge.

In their lawsuit, the family alleges both the hospital and the police were negligent. Greene said Friday police had a duty to keep English safe while in their custody, a duty they failed.

Husted bucks GOP, is against voter photo ID push

Published: Friday, April 08, 2011 @ 6:11 AM
Updated: Friday, April 08, 2011 @ 6:11 AM

COLUMBUS, Ohio (AP) -- The official who oversees Ohio's elections says he doesn't agree with a measure proposed by some fellow Republicans to require voters to show photo IDs at the polls.   

Secretary of State John Husted tells The Columbus Dispatch on Thursday that he would not change current policy that allows voters to prove their identities with photo IDs or other documents, such as utility bills or paychecks.   

A bill approved by the Ohio House would require voters to show the photo ID before casting an in-person ballot. It is now being reviewed by the Senate.   

Husted instead proposes changes for voters casting early ballots or provisional ballots. He says those voters should be required to give their full Social Security numbers instead of the currently required last four digits.

Election Board Moves Carefully On Husted Investigation

Published: Wednesday, October 22, 2008 @ 5:35 AM
Updated: Wednesday, October 22, 2008 @ 5:35 AM

DAYTON, Ohio -- The Montgomery County Board of Elections attorney will review voting residency laws before the board decides if it will move forward on an investigation of Ohio House Speaker Jon Husted, R-Kettering.

The four-person board has asked for the legal review after member Dennis Lieberman, a Democrat, said an Oct. 18 Dayton Daily News article raised questions about Husted's residency and voter registration.

"I think we have an obligation to look into it," Lieberman said.

Republican board members Jim Nathanson and Greg Gantt, county party chairman and chairman of the board, both referred to an investigation of Husted as a "witch hunt." Nathanson said he does not think it "serves anyone" to look into Husted's residency this close to the election.

Husted, elected to the House in 2000, said, "if they haven't filed a complaint (then) they must not think there is a problem."

He is running for a Senate seat from the 6th District against Centerville School Board member John Doll, a Democrat.

The deadline to remove names from the ballot has passed, but the board can review the validity of Husted's voter registration.

A legislator must be a legal resident of his district and can be forced to forfeit the seat if he is not.

Ohio law on residency for voting purposes says a person's residence is the "place where the family of a married person resides."

Husted has been dogged by questions about his residency for several years because he stays with his wife and children in Upper Arlington and is rarely seen at his home in Kettering, 148 Sherbrooke Drive.

He is registered to vote in Montgomery County. His wife, Tina, is registered in Upper Arlington. Jon Husted voted absentee every time he cast a ballot since 2005 and voted in person every time prior to that, according to Montgomery County board of elections records.

Since their marriage in 2005, the Husteds have simultaneously owned or co-owned properties that they've called "principal residences" and received 2.5 percent property tax reductions allowed for owner-occupied homes. The law states that a couple can take the tax break on only one house. Neither Husted applied for an exception.

On Friday, Franklin County Auditor Joe Testa said Tina Husted should repay a tax break the Husteds claimed on the Columbus condominium she and Jon co-owned as a "principal residence" at the same time she got a $207.46 tax break on a different home she owned.

Husted said he and his wife have now repaid $27.22 to the auditor, who told him there are no other problems. Testa could not be reached for comment. Husted said Montgomery County Auditor Karl Keith informed him "everything is fine" in this county.

However, Keith said he's only verified that the tax break was properly taken on the Kettering home since 1995 and that Husted is registered to vote there. He said it is up to Testa to review that information for possible conflicts with Tina's tax breaks. Keith said he will continue his inquiry.

As of last week, the couple was renting a home at 2672 Coventry Road in Upper Arlington. Husted would not directly say if they moved over the weekend to a house Tina owns at 2305 Haverford Road, Upper Arlington.

"We are no longer renting the Coventry and the only Columbus residence or Columbus property that we own, that my wife owns, is the property on Haverford," Husted said.

(Article courtesy of www.daytondailynews.com)

Husted Residency Still Questioned, To Appear Before Board

Published: Wednesday, December 17, 2008 @ 7:27 AM
Updated: Wednesday, December 17, 2008 @ 7:27 AM

DAYTON, Ohio -- Ohio House Speaker Jon Husted, R-Kettering, must appear on Jan. 7 before the Montgomery County Board of Elections, which is investigating whether he lives in his district at the Kettering address where he is registered to vote, the board decided on Tuesday, Dec. 16.

A letter will be sent to Husted outlining what documents the board is requesting he provide to prove his residency, said Steve Harsman, board director. Requests for an investigation came from a Kettering Republican and a liberal nonprofit group after an Oct. 18 Dayton Daily News story raised new questions about Husted's residency.

Husted, who could not be reached for comment, says his home is at 148 Sherbrooke Ave. in Kettering. However, he said he sometimes stays with his wife, Tina, in an Upper Arlington house she owns because the demands of his job as House Speaker frequently keep him in Columbus. Jon and Tina have one son and Jon has a son from his first marriage.

Husted took an apartment in Columbus shortly after becoming 37th District representative in 2001 and bought a Columbus condominium in 2003. He became speaker and married Tina in 2005. They co-owned a Columbus condominium they sold in 2007. Husted's wife is registered to vote at the Upper Arlington home.

Husted rarely had official business scheduled on his calendar after mid-August, when the House was not in session this year, according to a daily calendar provided by his office. It also shows few trips to his district. A travel expense report Husted signed for a 2005 trip to a conference in Las Vegas listed his home address as 911 Manor Lane, Columbus, which was the first condo he owned. A 2005 traffic citation handled in Upper Arlington Mayor's court also lists that as his home address.

In January Husted will take office as a sixth district senator. Ohio law requires that legislators live in their district.

In October the Daily News reported that Jon and Tina Husted had simultaneously claimed homes in Upper Arlington and Kettering as "principal" residences and taken property tax breaks for owner-occupied homes on them. They also claimed the condo they co-owned as a principal residence, while claiming the same tax break on homes in Kettering and Upper Arlington.

Tina was ordered by Franklin County Auditor Joe Testa to repay the tax break for the condominium. Testa said he considers the matter closed. Montgomery County Auditor Karl Keith said he believes Husted qualifies for the tax break in Kettering, and he said state payroll records list it as Husted's home.

"If the board of elections determines that his voter registration is invalid at that address then I will have to take another look," Keith said.

(Article courtesy of www.daytondailynews.com)

Snake in bathroom saves woman from bedroom attacker

Published: Wednesday, March 15, 2017 @ 7:06 PM
Updated: Wednesday, March 15, 2017 @ 7:06 PM

Snake Saves Woman From Sexual Assault

A Florida woman is crediting a snake in her home with saving her from a sexual assault last week.

Police said the Lee County woman called deputies when she found the reptile in her bathroom, minutes before a man broke into her house, grabbed her and demanded sex, according to media reports

>> Read more trending news  

Malcolm Porter, 28, allegedly sneaked up on the victim, choked her, then demanded she get condoms from another room. Once free, the woman fled from her home where deputies, who responded to the snake call, were waiting outside. 

Porter was arrested and is jailed without bond on charges of battery by strangulation.

The victim told police she knew the man and that he “may have been high" on drugs, local media reported. 

One of the victim's neighbors called the snake encounter "a blessing in disguise."

"The snake played a role in saving her," the neighbor said.

Related