Connie Garber joins MP group and look who shows up, one who has ties to the Weikle days!

When you post in public, you legally open yourself to public scrutiny! You want it?, this is certainly the place to do it…

This is the FIRST time I heard this man was waving a gun in which neighbors saw him. I wonder where this testimony is suddenly coming from? I think we have a NEW WINNER on who incited this death? Quit with the blaming of the parents, some of us quite frankly are getting sick of it! These GOOD PEOPLE wanted help for their son and this is what you get in Richland County?

Yesterday at 10:20pm

Ok guys, I just got off the phone with Connie Garber who will be joining us soon! I told her we can help push the investigation with what we are hearing on the streets that need to be looked into.
Interesting lead I did not know until talking to her is Brian’s wife brought her boyfriend to the funeral home showing, hmmm? I thought there was something odd about those young people in the other room, now we know.

This thing keeps getting BIGGER the more we know and find out, I’m just curious why the BCI is not acting on these leads or investigating? There appears to be some leads to drugs that could tie all the pieces together. Sounds like Brian’s wife is some kind of work telling folks she’s gonna be a Millionaire. Not so fast!, I believe that other piece of work John Mayer, brother of the prosecutor said the same thing -  this group didn’t allow that to happen either did they? Ain’t that right Drew Tyler, infamous anonymous MP slayer? Speaking of which, where is the piece of doo, anyone see him/her, hasn’t said a word in months as I ROTFLMAO! – March to be exact as he/she changed their profile picture to one that hangs on my living room wall – hmmmm? -https://www.facebook.com/drew.tyler.54?fref=ts

Drew Tyler

 

Top of Form

 

Phil Sydnor I will leave you with Connie when she comes to fill you in on advice from Attorney’s and investigators working on the case, does not fair well for the corrupt surrounding this case. The Garbers I can assure you have enough friends to expose or find out enough to ruin ones chances for the upcoming election, IF you know who I mean?

Yesterday at 10:25pm · Like · 2

Pam Sellards so who is Drew Tyler?

23 hrs · Like

Phil Sydnor A fictitious anonymous poster of which we could find out has ties to much corruption in Richland County. They have been following me since the MNJ days, about 6 years. They wrote many defamatory untrue comments trying to deter readers from the truth I shared in the John Mayer case. They thought John would win his case, and thought Byron was gone for good as well knowing what he knows. Hopefully we will hear more in Byrons case as I hope he has his lawsuit started for wrongful imprisonment by the most overturned Judge in the State of Ohio.

23 hrs · Like

Phil Sydnor Here’s some of Drews writings on the question politics page -http://www.mansfieldersperspective.com/questionpolitics.html - you can find more on the blog page if you search their fictitious name.

Question Politics – Mansfielders Perspective

www.mansfieldersperspective.com

A place to comment on the news and not get censored for how you feel about the subject. We have a local News Agency who believes it is slanderous to speak out about public officals, hmmmm?.

23 hrs · Like · Remove Preview

Pam Sellards I have seen some of the stuff, but who is it really?

23 hrs · Like

Phil Sydnor Nobody knows, and nobody I have contacted will investigate. They say…NOBODY knows who’s jurisdiction the internet is? That’s why I want them to investigate and attack us, because they don’t have or know who’s jurisdiction? They come after us, they will have to go after them – touche!

23 hrs · Like · 1

Randy Shepherd The answers will come from the executive branch of county government. NOt the legislature or the judiciary. Only Mr. Eds group needs to produce those answers and Mr. ed needs to asked the questions in public forum with recorded, either voice video or written documentation. That is why we the people have public meetings wiht the head of county admiinstration (executive branch) twice weekly.

14 hrs · Like

Randy Shepherd I will tell you the people do have jurisdiction on the internet. the people also have an avenue of redress and lawful prosecution of internet crimes the only problem is it is for manetary damages not jail time and or prison. That is the duty of the prosecutor.

14 hrs · Like

Phil Sydnor So, who’s duty would you say it is to handle the likes of Drew Tyler? Local Law Enforcement will tell you, it’s NOT their job, so who’s is it? Who do you report these liars to that attack business in the dark of the internet?

14 hrs · Like

Randy Shepherd Certainly they will “tell” you itis not their job. The only thing that is their job is keeping dunkin doughnuts in busisness. Now if you should ask and or question their duty , It is to protect and serve the people. ergo if the people,are being harmed by internet fraud it is the responsibility of Mr. Ed to direct the Sheriff to investigate and procvide answers and or suspects. Just the saem as it is Mr. Ed’s duty to expedite investigations and provide answwers to your questions about our local executive branch government. when it comes to public safety every division subdivision and person associated with Law enforcement has a dity to provide that safety. They may call on other entities such as the FBI and or U.S. Marshalls who both have federal jurisdiction but only to support the county law enforcement not to overide it. Once again the three stooges we have in the county building are, The head of county administration that includes administering justice and administering enforcement of the law every law at every moment in every nook and cranny of this county.

14 hrs · Like

Brian Moore I talked with her yesterday also.

Things are going to get really hot for certain individuals ..

9 hrs · Unlike · 2

Dave Schoenman He Is The Chicken Shit Who Won’t Be Real!!! COWARD!! Go Figure

2 hrs · Like

Brian Moore Which chicken shit are you talking about, so many of them ?

2 hrs · Like

Phil Sydnor Those exercising their right to remain silent

2 hrs · Like · 1

Nicholas Spognardi The officers didn’t do anything wrong. I have family members that live right down the street that said he was walking up and down the street waving a gun that day. He looked like he was HI on something or that there was something that was really wrong with him. This wasn’t the first time they were called there that day for a disturbance and each time and once from his family member that he had a gun, that he owned guns, and that he has assaulted them, along with that he was in a room up stairs. We can all sit around and make assumptions on what happened but again we weren’t there that day and really don’t know what was going through those officer’s mind that day. Until you can be in their shoes one day and put your life on the line everyday like they do, until you are a political figure in this country then it is easy to probe and hide behind computers and do pointless lobbying. But until there is hard evidence and they get indicted on something shouldn’t we allow the professional investigators do their job. That is why the Mansfield NJ is declining in readers because they don’t report on anything that is positive or anything that has a merit about this city. That is why Richland Source the online news paper is gaining traction and reports on the positive news in the area.

1 hr · Like

Brian Moore So since when did they teach in the academy that you run into a home, and start firing at a person, they started firing less then 5 seconds after entering the home, since when did they teach in the academy to unload your weapon into a suspect, since when did they teach in the academy that while running into a home, not declaring that they was an LEO.

They not only did they violate state laws, but dept SOP also.

When the firearms instructor gets on the stand, and says that they teach the following;

When an officers perceives a threat, they are to fire their weapons in a Tac-Tac type method into center mass, reassess the situation, and if not needed, holster their weapons, secure the scene.

There is a reason why they do this, after they fire two rounds center mass, they do not continue to fire, because after the suspect is down, any more rounds that are fired can hit an innocent person, little jimmy sleeping in his bed could have taken an round in the head, or old lady Ethel walking her poodle down the road could take an round.

They are NOT trained to empty their weapons into one person.

They are instructed to shoot to neutralize the threat against their lives, and others around them.

And by law they are suppose to call the coroner in a timely fast manner, not 8.5 hours later, they said they was waiting on a warrant, but you said in a post on another article that warrants are easy to get, so your contradicting yourself.

An warrant takes less then an hour to get, not 8.5 hours.

Wanna know what does take 8.5 hours, an person to sober up completely, showing double ZEROS on a portable breathalyzer device. Before the coroner is called.

1 hr · Like · 1

Phil Sydnor Nicolas, you are full of shit! There was no neighbors reported saying this, I want to see these reports.

1 hr · Like · 1

Brian Moore I’d like to see the GO’s and the MI’s info, until then you are guilty of slander, and with the amount attorneys wanting to take this case, if I was you I’d be really careful what you say, if you don’t have the proof to what you are saying, it’s just hear say, and slander, and that has caused a lot of people big money.

Since you say your not on an dept, here is what those letters mean.

GO – General Offense report.

MI – Minor Incident report.

But I bet you already knew that.

1 hr · Unlike · 2

Brian Moore And didn’t they teach you in the academy about what ” assume ” means, with the sumptuous you are making.

1 hr · Like

Nicholas Spognardi What do you mean where did it go. It didn’t go anywhere. Well I do have family members that live down the road and that is what they had said at our cook out a few weeks ago. They didn’t talk about it to the local news paper because for what reason. The professionals are taking care of the investigation and the believe into the departments that protect us and wont step on no ones toes while the investigation is going on.

1 hr · Like

Brian Moore Yeah, an community BBQ, and the subject was about how he had a gun.

They didn’t know anything about him saying anything about a gun, until they read the text messages, after they shot him.

Nice disenformation your trying here.

1 hr · Like · 2

Nicholas Spognardi No the guy was walking up and down the street that day with a gun.

1 hr · Like

Brenda Callahan-Collins Spognardi,hmmm. Any relation to the Spognardi’s that were on the police force here in Mansfield?

1 hr · Unlike · 3

Brian Moore Have you heard about a little law here in Ohio called ” Open carry laws ”

1 hr · Unlike · 1

Phil Sydnor I’m starting to think this Spognardi is high, maybe a pee test is in order?

1 hr · Like

Nicholas Spognardi I will take one for you. I just took one yesterday for a child custody case and passed it with flying colors. But I most certainly will take one.

1 hr · Like

Nicholas Spognardi Open carry laws is not aloud without a permit and if I remember it is called a CCW permit. Now if you have a mental disorder I pretty sure that you are not aloud to carry a gun or if you are under any type of drugs or alcohol.

1 hr · Like

Brian Moore No, now I know all about you.

There is NO permit required for any resident in the state of Ohio to open carry a firearm.

Permit required for CCL, not CCW.

1 hr · Like

Brian Moore And you are probably confusing having a weapon under a disability.

Brian was not permitted to own a firearm, if he was waving a gun, don’t you think on those different occasions, that they would have arrested him in the street.

You have no idea what you are talking about, so quit while your way behind as it is.

1 hr · Like · 1

Brenda Callahan-Collins And my question goes unanswered. I don’t like to assume, but there’s some reason you avoided my question.

58 mins · Like · 1

Brian Moore And that’s why he won’t answer you.

57 mins · Like · 1

Brenda Callahan-Collins It sure takes some brass balls to have that last name and defend bad cops!! Spognardi’s have a reputation around here. Some of the old timers have lots of stories to tell about those boys.

55 mins · Like · 1

Nicholas Spognardi http://www.wkyc.com/…/03/05/open-carry-gun-rights/6092061/

Gun rights activists test police on open carry laws

www.wkyc.com

A movement to exercise gun rights has some cities taking extra precautions.

53 mins · Like · Remove Preview

Nicholas Spognardi Brian there is a great article for you to read and listen to about your gun law that. It will also help you realize that everyone that video tapes a law enforcement officer that they are looking for a payday. now that is a true story.

52 mins · Like

Nicholas Spognardi Now for Brenda yes that is my family and those stories are great. I loved have loved every last one of them and the best part about it was our county and city had less crime plus if there was a murder or something had happened the case didn’t go unsolved. Our crime rate in those days were way less because citizens feared if they did something illegal they would get caught. Now law enforcement has to be very careful on their investigation tatics because someone might sue them. If you can tell me any different then show me the statistics that can prove me wrong.

49 mins · Like

Brian Moore That’s nice, you want to post an news story by an anti-gun liberal ran media.

Here are some facts for you to read ;

http://ohioccw.org/2007…/ohio-non-licensed-open-carry.html

Ohio Non-Licensed Open Carry

ohioccw.org

48 mins · Like · Remove Preview

Brian Moore No, back in the day people were afraid of ending up like so many others ” DEAD “..

That’s now Law Enforcement, that’s an criminal enterprise, so you can stop trying to justify their illegal actions.

I bet you wished the Weikle days would come back, don’t you ?

46 mins · Like · 1

Nicholas Spognardi Oh come on. Your the one that needs to learn more about what actually is going on in the world and come out from behind a computer and actually work the streets just one day. Put your life on the line for one day. I bet you wouldn’t because you would be scared that you might die your self.

45 mins · Like

Brenda Callahan-Collins Yeah get caught lol More like beat down out at the quarry. It would be nice if which ever one of your family bought my dad’s house would do something with it rather than just let it sit there like an eye sore. Just another open house for the drug addicts. 585 Burns Street. Tell the slum lord to clean up the mess please.

45 mins · Unlike · 1

Nicholas Spognardi There was nothing wrong with that. If you were doing wrong then you got caught. I bet it happened to you and that is why your so against them.

45 mins · Like

Nicholas Spognardi Well that is MINE.

44 mins · Like

Nicholas Spognardi Then why dont you buy it back and do it for me.

43 mins · Like

Brenda Callahan-Collins Why are on earth have you allowed that house sit in that condition for so long? That neighborhood used to be nice until people like you came along!

42 mins · Unlike · 1

Brian Moore Umm, no.

I have over 8 years of Law Enforcent under my belt, along with 16 years in the Army, I’m a disabled vet from being injured in Iraq in my 3rd tour, so I think I might know what I’m talking about.

And yes, in a string believer in that thing called the IS Constitution and the Bill if Rights.

41 mins · Unlike · 3

Ciara Holmes 1-2 Ken Hauser,Ronald Mowry
3. Gatha Bowman
4.Judy Bruce (believe hers was solved)
5-6 Ronald and Elaine Wright
7. Mark Mellick
8. Andre Murphy
9. Scott Brooks
10. Virgil Cates
11. Diana Shaw
12. Debra(Debbie) Miller
13.Ron Krasnicki
14. Patricia Kitts
15. Deborah Holbrook
16. Marcia Matthews
17. Willie Rembert

41 mins · Like · 2

Brenda Callahan-Collins I don’t need to buy it. You bought it and it’s yours to take care of. However, I spoke with Mr Windham on the right side and he was interested in it. Sell it to him for the back taxes you owe!!

40 mins · Unlike · 1

Ciara Holmes Nicholas,this is a list of the unsolved murders during the Weikle days.

40 mins · Edited · Unlike · 2

Brian Moore Good ole Weikle days days when if you didn’t cowar down, you ended up dead.

Great Law Enforcement there, Capone couldn’t have done it better.

39 mins · Like · 1

Nicholas Spognardi Ok and show me where you got those so called stats and how reliable was your source. But in the end it is still a COLD CASE. So be it.

39 mins · Like

Brenda Callahan-Collins Crooked coming to defend the crooked! Now that’s laughable! lol

37 mins · Like · 1

Nicholas Spognardi Why would I sell it to him for the back taxes when I own it free in clear. If it wasn’t sold to me in that condition then It wouldn’t still be in that condition. I was helping someone out when I had purchased it.

37 mins · Like

Nicholas Spognardi Hey if it werent for the Italians America wouldn’t of been found. Thank you Mr. Christopher Columbus.

36 mins · Like

Nicholas Spognardi This is a fun group to be apart of. Hopefully your able to solve the cases that wont give you a time and a day to find out the true evidence or what really is going on.

34 mins · Like

Brenda Callahan-Collins You don’t even make sense!! If you’re not going to do anything with it then why wouldn’t you sell it for the taxes that you’re already behind on? No one is going to give you what you paid for it now and when that house was sold by my father it was livable! Now just about all the windows are busted out and the coppers all missing plus no telling what other damages. It’s an eyesore! Do something with it or at least tear it down. Why should you care though when you aren’t planning on living in it, but the people in that neighborhood do.

32 mins · Like

Nicholas Spognardi How do you know that all the cooper is out of it? hmmm maybe you took it. Its time to open up a case on you and let the NJ know so they can write a story about it.

31 mins · Like

Brenda Callahan-Collins Well I’ll be darned I guess you finally caught up on those taxes!

30 mins · Like

Brian Moore Then may be that house needs reported, I have a buddy in Codes and Permits, would love to hear his attitude on it.

Maybe some fines, or the city tearing it down, and sending him the bill would work, as the city gets an additions 25K from the Government for tearing such properties.

30 mins · Like · 1

Brenda Callahan-Collins Hahaha not hardly moron. I was told by the people in the neighborhood.

30 mins · Like · 1

Brenda Callahan-Collins I think that’s a brilliant idea Brian!!

29 mins · Edited · Like

Brian Moore

29 mins · Like

Nicholas Spognardi I have a buddy to in a few places too like everyone here, and ok you can do that because they know about it and we have been in touch. It don’t work that way though they have already received a grant and now with the land bank they are using it to get other properties out of the way first. It takes longer than a phone call and a report. But you can try.

27 mins · Like

Brian Moore But it all starts with just a simple phone call, things get pushed up when it’s being used as a drug house, or it’s unsafe for the kids, we have to take care of the kids…

26 mins · Edited · Like · 1

Brenda Callahan-Collins Plenty of kid’s in that neighborhood to worry about too!

25 mins · Like · 1

Nicholas Spognardi If that is what you think then we should start by letting the PD do their job and getting the guns off of the streets and out of peoples hands that dont need them.

25 mins · Like

Brian Moore Yes, for the children..

24 mins · Like

Brenda Callahan-Collins I think we all know what kinds of buddies you have Spognardi. I’ll be sure to sleep with some extra security!

24 mins · Like

Nicholas Spognardi For what reason?

23 mins · Like

Brian Moore Nothing worse then the slumlord Dave Lacy types !

23 mins · Like · 1

Nicholas Spognardi Because you cant afford to buy back your Daddy’s house and clean up your neighborhood like the Real Estate investors do in this town.

22 mins · Like

Brenda Callahan-Collins I think you know for what reason!!

22 mins · Like

Nicholas Spognardi I know that sucks to have SLUMLORDS.

22 mins · Like

Brenda Callahan-Collins You don’t know what I can or can’t afford Spognardi! It’s not worth anything but a lot now that you’ve gotten. CLEAN UP YOUR OWN MESS INSTEAD OF TRYING TO PUSH IT OFF ON SOMEONE ELSE!

21 mins · Like

Nicholas Spognardi I dont know but please fill me in on your reasoning.

21 mins · Like

Nicholas Spognardi Its cleaned up and Iam not trying to push it off on anyone. You are wanting me to push it off on to someone else.

20 mins · Like

Brenda Callahan-Collins No I said tear it down or sell it to someone who wants to do something with it! You have let it sit for at least 2-3 yrs and have done nothing with it! Why do that? We have enough empty shells sitting in this town and people like you are the ones whose helped to create the wasteland we call Mansfield.

17 mins · Edited · Like · 1

Brenda Callahan-Collins Your last name alone is enough cause for someone to feel insecure. Enough said!

16 mins · Like · 1

Nicholas Spognardi LOL

16 mins · Like

Brian Moore Hey Nicolas.

How’s business going with Bill Fox ..

12 mins · Like · 2

Nicholas Spognardi I dont know. Why’s that?

11 mins · Like

Brian Moore And the dealings with Miracle Motors on PAW.

9 mins · Like

Nicholas Spognardi What dealings with Miracle Motors.

7 mins · Like

Brenda Callahan-Collins Nicholas is this you????http://www.justice.gov/opa/pr/1996/Oct96/485crm.htm

5 mins · Like

Pam Sellards Jd crow! Wow that’s an old scandal that got swept under the rug and only half the story told

3 mins · Like

Bottom of Form

Nicholas Spognardi Well you have to know who JD Crow worked for….hmmm and that was my Father that never did anytime for that… Because they couldnt find anything that was against the law.

7 mins · Like

Brenda Callahan-Collins Well from looking at his pics I would say that this was his dad. Apple doesn’t fall far from the tree, obviously.

7 mins · Edited · Like

Brian Moore He’s a rich spoiled kid, that has never really worked a day in his life.

Everything given to him, that’s his problem, he’s never been told no before, and he does not take rejection too well.

4 mins · Unlike · 2

Brenda Callahan-Collins Kinda, like Frazier and Zehner won’t do any time for their wrongdoings either, eh Nick? Birds of a feather shall all flock together. Protecting and serving their own since the 50′s.

4 mins · Edited · Unlike · 2

Brenda Callahan-Collins Yep gold spoon from day one just like his relation Shellie Gorman, who has her dirty little hands in Richland Academy elbows deep!

1 min · Like · 1

Phil Sydnor This will make a KILLER blog come Thursday -  The Spognardi tell all how the Italians founded America – lol! You will make your Sr High Teachers proud -

1 min · Like · 1

Brenda Callahan-Collins Ironic, she is the very person who created the situation that showed me first hand how dangerous Frazier is to the community.

Just now · Like

Brian Moore Uhh Ohh ..

Phil found a new person to add to the wall of shame….See More

17 mins · Like · 1

Brenda Callahan-Collins They should know by now that they can’t stop all of us! Too many people know too much about all of them now!!

16 mins · Unlike · 1

Phil Sydnor Nicolas should ask dad about choir practice where the boys used to take underage girls out for drinks  today these fella’s would be labeled sex offenders, IF some of these girls could still speak. Hmmm?

15 mins · Like · 2

Ciara Holmes

CHARACTER OF PROCEEDING: Civil Appeal from the Court of Common Pleas, Case No. 98-223-H

The opinion of the court was delivered by: Wise, P. J.

NICHOLAS A. SPOGNARDI v. SCORES OF MANSFIELD

Summary judgment – premises liability.

JUDGES: Hon. John W. Wise, P. J. Hon. W. Scott Gwin, J. Hon. Julie A. Edwards, J.

OPINION

JUDGMENT: Affirmed

Appellant Nicholas Spognardi appeals the decision of the Richland County Court of Common Pleas which granted summary judgment in favor of Appellee Scores of Mansfield, Inc. (“Scores”) in a slip-and-fall lawsuit. Appellee is an Ohio corporation doing business as “Scores Sports Bar” in Mansfield, Ohio. On March 9, 1997, Scores sponsored a non-alcoholic dance function for teenage patrons. Scores provided a deejay and a fog machine for the dance floor. That evening, appellant and his friends Greg Porter, John Simmons, and Rusty Roth arrived there to participate in the event. Shortly thereafter, appellant attempted to walk down a set of steps near the dance floor, but lost his footing and fell, resulting in injury to his left ankle. On April 1, 1998, appellant filed a complaint in the trial court alleging that the condition causing him to fall was caused by appellee’s negligence. On April 27, 1998, appellant amended said complaint to reflect appellee’s corporate identity. On April 15, 1999, appellee filed a motion for summary judgment, to which appellant replied on May 14, 1999. On June 15, 1999, the trial court, having reviewed the briefs and evidentiary materials submitted, found in favor of appellee. Appellant timely appealed and herein raises the following two Assignments of Error:

I. THE TRIAL COURT ERRED IN GRANTING SUMMARY JUDGMENT BECAUSE IT WAS DEFENDANT’S INSTRUMENTALITY THAT PREVENTED PLAINTIFF/APPELLANT FROM HAVING KNOWLEDGE OF THE EXACT CAUSE OF HIS FALL.

II. THE TRIAL COURT’S JUDGMENT DENIED PLAINTIFF/APPELLANT HIS RIGHT TO HAVE NEGLIGENCE COMPARED PURSUANT TO O.R.C. §2315.19.

Summary Judgment Standard of Review

Summary judgment proceedings present the appellate court with the unique opportunity of reviewing the evidence in the same manner as the trial court. Smiddy v. The Wedding Party, Inc. (1987), 30 Ohio St.3d 35, 36. As such, we must refer to Civ.R. 56 which provides, in pertinent part: Summary judgment shall be rendered forthwith if the pleading, depositions, answers to interrogatories, written admissions, affidavits, transcripts of evidence in the pending case and written stipulations of fact, if any, timely filed in the action, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. * * * A summary judgment shall not be rendered unless it appears from such evidence or stipulation and only therefrom, that reasonable minds can come to but one conclusion and that conclusion is adverse to the party against whom the motion for summary judgment is made, such party being entitled to have the evidence or stipulation construed most strongly in his favor.

Pursuant to the above rule, a trial court may not enter summary judgment if it appears a material fact is genuinely disputed. The party moving for summary judgment bears the initial burden of informing the trial court of the basis for its motion and identifying those portions of the record that demonstrate the absence of a genuine issue of material fact. The moving party may not make a conclusory assertion that the non-moving party has no evidence to prove its case. The moving party must specifically point to some evidence which demonstrates the non-moving party cannot support its claim. If the moving party satisfies this requirement, the burden shifts to the non-moving party to set forth specific facts demonstrating there is a genuine issue of material fact for trial. Vahila v. Hall (1997), 77 Ohio St.3d 421, 429, citing Dresher v. Burt (1996), 75 Ohio St.3d 280. It is based upon this standard that we review appellant’s assignments of error.

I.

In his First Assignment of Error, appellant argues trial court erred in granting summary judgment, alleging that his inability to clarify the cause of the fall was due to appellee’s own instrumentality. We disagree. A shopkeeper owes business invitees a duty of ordinary care in maintaining the premises in a reasonably safe condition so as not to unreasonably expose its customers to danger. Paschal v. Rite Aid Pharmacy, Inc. (1985), 18 Ohio St.3d 203. However, a business owner is not an insurer of the customer’s safety. Id. A long-standing rule of law in Ohio demands that a plaintiff in a premises liability action be able to identify or explain the reason for the fall. Cleveland Athletic Association Co. v. Bending (1934), 129 Ohio St. 152. See also, Wafner v. Equitable Life Assurance (Sept. 4, 1997), Franklin App. No. 97APE05-609, unreported. In his deposition, appellant indicated the following regarding the incident:

Q Okay. What did you fall on?

A I – I do not recall, couldn’t tell you.

Q After you saw your girlfriend you indicate you came down the steps as the smoke was coming up, you can’t tell …

8 hrs · Like · 2

 

 

 

Phil Sydnor Give him and others time, they’ll get there

15 mins · Like · 1

Ciara Holmes Nicholas looks like your sue-happy yourself!!

14 mins · Unlike · 2

Brenda Callahan-Collins Hahaha who looks like the dumbass now Nick???

14 mins · Like · 1

Nicholas Spognardi First I went to Madison and they would be proud. Please read. http://www.britannica.com/…/127070/Christopher-Columbus

Christopher Columbus (Italian explorer)

www.britannica.com

Master navigator and admiral whose four transatlantic voyages (1492–93, 1493–96,…See More

13 mins · Like · Remove Preview

Phil Sydnor @ Ciara – good one

13 mins · Like · 1

Brenda Callahan-Collins LMAO your best retort is about Christopher Columbus?! Please stop, I’m laughing so hard, I’m crying.

11 mins · Unlike · 1

Phil Sydnor I hate to break it to you – The Myth:

America was discovered in 1492 because Europeans were starting to get curious about the outside world thanks to the Renaissance and Enlightenment and Europeans of the time just generally being the first smart peop…See More

6 Ridiculous Lies You Believe About the Founding of America

www.cracked.com

It turns out our teachers, Hollywood and whoever we got our Thanksgiving mytholo…See More

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Phil Sydnor I think St Nick is looking for more internet facts – lol!

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Nicholas Spognardi No only from reliable sources. www.britannica.com the only best source.

Encyclopedia Britannica

www.britannica.com

Explore the updated online encyclopedia from Encyclopaedia Britannica with hundr…See More

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Brenda Callahan-Collins Ummm, Britianica is not a reliable source. College English 101.

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Phil Sydnor So, I suppose you trust snopes as well. My family came over as early settlers, the place where they settled is known as Sydnorsville. Where is Spognardiville? Sydnorsville can be found just south of Roanoke VA -

4 mins · Like · 1

Phil Sydnor See it here in the map? - http://www.mapquest.com/maps?city=Sydnorsville&state=VA

MapQuest Maps – Driving Directions – Map

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Use MapQuest for driving directions and maps. See local traffic and road conditi…See More

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Phil Sydnor Hey Nicolas, aren’t you the one involved in the solar energy deal with Swan Cleaners, how did that scandal work out?

7 hrs · Like · 3

Ciara Holmes Bill Fox from Galion was involved also,anyone that knows Bill would know about his illicit operation!!

7 hrs · Like · 2

Brenda Callahan-Collins Hmm, I think Spognardi is hiding out. lol

7 hrs · Like · 3

Brenda Callahan-Collins Interesting…this article was taken down and I had to retrieve it from the cache copy, but yet I can get articles from the MNJ that are older. Somebody must have forced it to be taken down.http://webcache.googleusercontent.com/search…

6 hrs · Like · 1

Brian Moore Yeah, he needs to shut up and just go away ..

5 hrs · Like · 1

Phil Sydnor Looks like somebody did shut him up  the old fashioned way!

Just now · Like

Last comment made the following day! – July 23, 2014 7:45am

 

Posted in For those who can't comment on the MNJ site, News on Facebook | Leave a comment

Answers to some who are questioning how long Deputies can get away with murder? Easy, like how they will be tied to what they are doing that will add up in trial, that’s how long!

How long can deputies be allowed to get away with murder?

 

Meri Etzwiler ·  Top Commenter · Lexington, Ohio I’m sorry about what happened to this young man. I feel for his parents, his wife, and his children. However, I was following the story as it unfolded that night, and I don’t understand why the three people closest to him (mom, dad, and wife) all told police he had a gun and was making death threats. What did they think would happen? I’m typically the first to speak out against police brutality, but to say that law enforcement is 100% to blame in this case seems pretty unreasonable. I know what it’s like to lose the most important person in the world to me. I know what it’s like to look for somewhere to place my anger. And finally, after several years, I know what it’s like to find peace. I hope all involved can do the same. - FYI – Meri Etzwiler – That’s not exactly what the mom & dad said, that was his wife who by the way wanted a divorce and was getting what she wanted. I know the mother and father PERSONALLY and they did not see a gun, nor say he had one – what DID they say? They said he could have a gun, it was the wife who screamed he had a gun. A far cry from rumors you are hearing. The truth resides here, and if you ask me with the wife saying she’s soon to be a Millionaire is motive for murder for hire, I hope the BCI is checking into this?

Reply · Like · 1 · Follow Post · 6 hours ago

Cathy Kiley ·  Top Commenter · Mansfield, Ohio Okay, I just have one question. What possible reason would the officers have to “murder” this young man? I understand that there is unimaginable pain here, and it is entirely possible that protocol was not followed, and it is entirely possible that everything happened so fast that the situation took on a life of it’s own. We don’t know yet because the investigation is not over. Let’s not try this in the court of public opinion. One could be one Deputy’s daughter is friends with her, while the Deputy who shot and killed this man was said to have said he was ending this once and for all. I believe if you look into the drugs surrounding this man and his wife, and I’m not talking about the ones that were prescribed to him you will find good reason to believe this as murder for hire knowing there’s a HUGE return on the investment, happens a lot around here! People get paid, people go away quietly – Money is a HUGE motivator in cases like this!

Reply · Like · 2 · Follow Post · 8 hours ago

April Bragg ·  Top Commenter · Works at Two Bird Lovers When you deal with the lose of a loved one, it is easy to shift the blame.. Sympathy goes out to the family. However only hearing one side of the story, from his mother, and the things that are being said it ties the hands of law enforcement to tell their side of it. An out side source is doing the investigation, no reason to think it is a cover up. I have never had an interaction with any law enforcement officer in Mansfield or Richland County that would leave me to think they are big bad and mean.I did get a ticket once, only because I made the choice to make a left hand turn between the wrong hours. Not the cops fault it was mine! If we all took responsibility for our actions, would this even be a subject to discuss? Fact is when one makes the choice to play by his rules and NOT obey the laws he opens him self up to having a lot of interactions with law enforcement. I wish the mother would put on the News Journal his arrest record. How many times he has had the police to his home over his actions! What is that old phrase? ” You live by the sword you die by the sword”. Why was it ok for a man to put the life of others at risk but wrong for others to defend them self? Who gave a man with a criminal record AND a history of violent behavior a gun? Some of the responsibility of this tragic loss of life needs to be put on everyone who was involved that night not just the police. Come on now, let’s remember these Deputy’s specialized training for a moment shall we? 1st, they went up the stairs unannounced not knowing what they might find and with guns a blazing not saying a word 14 unnecessary bullets were sunk into an unarmed man. Lets be reasonable, your case is nothing compared to this, no relevance what so ever – REJECTED!

  Reply · Like · 2 · Follow Post · 9 hours ago

Joey Shaver · Columbus State Community College How many times does this horrible situation have to be “rehashed” in the media??? Everybody involved in this is Permanently damaged in one way or another! Parents lost a child, child lost a father deputies, medical staff had to be involved, etc., but all arguments aside, I know there is corruption everywhere, but..when we are in denial of the “FACTS”, that makes all this even more complicated! Writing an editorial calling employees monsters is the way you feel, and maybe there are people with bad behavior within the department that are or could be portrayed as monsters. However, Brian Garber could be or could have been looked upon the same way by others. Brian was a convicted felon, he had committed physical acts of violence toward his family, he had made threats to his family, and he had shown his family what they thought and reported to be a gun, in addition, he had been on and off his prescribed “medication”. Brian also fled the house after the initial “emergency” call by the family, I was not there, I am not clearing anyone of any wrongdoing, or defending anyone, in fact I have had this same talk with my own mother about one of my family members and his behavior! So in conclusion, if there was any wrongdoing by anyone, I hope it is addressed correctly, however, Brian Garber had choices that evening, and he made poor choices, and if anyone else made poor choices, hopefully it will be dealt with properly. Remember, poor choices can result in death, no matter who you blame! I was always told “people in glass houses should not throw stones”, the older I get the more it makes sense! - Come on Mr Shavers, don’t you think ONE Deputy firing his entire clip unannounced questionable based on training. The parents in this case NEVER THOUGHT FOR ONE MINUTE they would do this, or they would not have been allowed in their home. I hope they sue this County into the ground and take the citizens with your mindsets with them, time to START OVER here with new heads top to bottom!

Reply · Like · 4 · Follow Post · 9 hours ago

Diane Day · Madison comprehensive high school Everyone that says they was wrong next time you need help someone hurts you or does any thing unlawful don’t call them if you think so bad - I have NO NEED for them, I have my own guns in which I can be the same Judge, Jury, and Executioner – right? – This young man was MURDERED, NO IFS ANDS OR BUTS. This Deputy or Deputy’s are fruitloops to think he meant them harm based on what they knew at the time – PERIOD!

Reply · Like · 1 · Follow Post · 9 hours ago

Michael Wright · Madison High School Glad to see not everyone is making crazy accusations, but lets just review what we do know about this incident:1. There was some type of domestic incident that took place. 2. Brian Garber left prior to the arrival of the deputies.(he had to know they were coming) 3. He threatened to kill his wife when he got out of jail. 4. He said he had a gun. (NONE of these facts are in dispute). 5. He returned to his parents house and went upstairs. At this point a 2nd call was made bringing the deputies back to the residence. In addition his mother originally stated he was taking medication that was affecting his behavior. All of these factors would put any law enforcement officer on alert. Domestic Violence calls are some of the most dangerous calls the police respond to. As far as them not saying anything to Brian before the shooting happened we only have the mothers word for that at this time. Even if nothing was said, sometimes things happen so fast that’s just the way it is. As far as the number of times he was shot, it takes approx. 1/4 of a second to press the trigger and fire a shot. That’s 4 shots per second. Given the prevalent training is to shoot until the threat stops it is not unusual for an officer to fire 4-5 shots. Given the fact there were 3 deputies present 14-16 shots would not be that unusual. And REMEMBER, if Brian had surrendered peacefully none of this would have happened. As far as Brian not having a weapon, he had to have made some type of suspicious movement to cause the deputies to shoot. I’m not saying police officers don’t make mistakes, they do, however in this case there is no definitive proof that that is the case. My sympathy goes out to the Garber family, but denial is clouding their judgment. If the investigation proves otherwise then hopefully the family will get their justice, but I’m not expecting any charges to come out of this tragedy. (And not because of a corrupt system) Funny you try to sound like you know how many FIRED when the freaking BCI after over 3 months has not made the public aware, nice try bud! There was one murderer named Donald Zehner who is the ONLY ONE publicly who has said they shot the guy, and was quite proud of it. Let’s see how much public opinion the BCI wants to answer, as far as I’m concerned there needs to be another outside agency investigation this! The BCI is not an independent agency of this corrupt department. Were you there?, did you talk to these Deputy’s? – NO, my friends said they were rude and persistent in what they wanted them to do. IF they get away with this one, I can guarantee the next won’t be so easy! Citizens are gearing up for what’s to come as one Deputy said we are under a Police State, we say…Oh yah?????

Reply · Like · 7 · Follow Post · Yesterday at 4:29pm

Philip Williams ·  Top Commenter She left out the part where either her daughter or she reported he had a gun. From initial reports, the dad verified he saw his son with a gun - The dad did not say this, please share your reference and we will use it for the upcoming trial. Now, if he was just sitting in his room, why the 911 call? If he had no gun, how about bringing him down to the door to talk? It’s a tough situation for the officers involved. Is it a gun in his hand? In the back of their mind, it was reported he had one. So, anything remotely looking like a gun in his hand is a gun in a split second decision making moment. Any hesitation on their part means a fellow officer, or the officer himself could be shot. As a person, I would want to go home safe and sound to my family. And I am sure as hell they didn’t just ‘shoot’ without speaking to him. There is not a person in their right mind who would want to shoot anyone, or even kill them. Just my two cents. Man, you must take in a lot of BS while drinking the koolaid my friend, where do you get this stuff. If I remember right, you’re the one who said the wife wanted a divorce and this was her problem solved. Is she saying she’s gonna pay all her false witnesses here tonight? You JOKERS are all quite laughable, see you at the trial. YES, there WILL BE A TRIAL when momma is proven unfit for it. Now who’s ROTFLMAO?

Reply · Like · 7 · Follow Post · Yesterday at 1:36pm o

Jameson Rhoad · Engineering Technician at Transportation Research Center Inc they called 911 because they were worried about him, and none of the officers said a word to him, they walked up the stairs and started firing. regardless of what they believe the situation to be, they should have done some kind of talking/negotiation before charging in. how many thousands of hostage situations/standoffs have there been where it was verified that the suspect had a weapon, and in how many of them do the police just bust down the door instead of clearing the building and attempting to talk to the person? it just doesnt happen like that, yet for some reason that is how this went for brian, why is that? quit defending the police and let them defend themselves. as the people who pay their salaries, it is our responsibility to question everything they do and expect answers to those questions. answers they continue to refuse to give. - Amen!, lets see what the jury says about this – NO DEALS IN THIS UPCOMING CASE! – GUARANTEED!!!!

Reply · Like · 5 · Yesterday at 2:33pm o

Chauncey Bragg Sr. · Mansfield Senior High School Jameson Rhoad First off what type of criminal record did the said person have? Second who reported he had a weapon? Who told the police where to locate the said person? Who told the responding officers the situation was “cleared” with no weapons before the officers went to the room? 9 1 1 is for EMERGENCIES not a phone call for concern of someone unless the said person is a danger to him self or others! If memory severs correctly he had domestic violence record. Don’t get me wrong, it didn’t have to happen the way it did. BUT in the same note, I can under stand why the officers would have felt he was a threat to others. Would you want to walk in to a dark room with a man who is angry with a gun? Most people wouldn’t. Who ever told the police he had a gun, is the person who put his life at risk unless someone advised the officers he was not in possession of the gun! If you ONLY KNEW 2 of these Deputy’s HISTORY, you would not be saying this! One was going to be fired for a DUI and was kept and given a new rank of Sargent, the other had his dog taken away when they found he was nuts! How convenient that they have him a NEW dog and a playful picture to make things look all better – lol! smoke and mirrors – THERE WILL BE A TRIAL! Then we shall find the truth, unless Robinson and Mayer want to play hardball, then we might see a house sweeping of ELECTED HEADS!!!!!

Reply · Like · 5 · Yesterday at 3:10pm o

Philip Williams ·  Top Commenter Jameson Rhoad I imagine BCI is looking into that. I will be on the officers side until they give me reason to doubt them. I can understand the family being upset. It happens on most domestic violence situations. Guy beats wife…wife calls police…police put guy under arrest…wife hits on the police….’Why he didn’t really do anything???’ It’s a mess in those situations. Nobody ‘wins’. But, like I say. Normal people don’t go around looking to shoot and kill someone.

Reply · Like · 4 · Yesterday at 3:15pm o

Jameson Rhoad · Engineering Technician at Transportation Research Center Inc Chauncey Bragg Sr. “Who told the responding officers the situation was “cleared” with no weapons before the officers went to the room? 9 1 1 is for EMERGENCIES not a phone call for concern of someone unless the said person is a danger to him self or others! If memory severs correctly he had domestic violence record.” noone told them this, exactly why they should have approached with some kind of care and perhaps even attempted to behave like the “trained professionals” they supposedly are. they called 911 because they were concerned that he may have had a gun and intended to hurt himself, sounds like correct use of 911. I am pretty sure they didnt call animal control to put down a rabid animal, they called the police to get him help. and besides i think youre missing the point here. if they did nothing wrong, why are they still withholding the investigations results? Once again, you are correct sir – how ever…MURDER FOR HIRE don’t play that way! This was a way to silence the truth of much going on in this County surrounding 2 of these Deputies and drugs – PERIOD! Maybe investigators will find the wife was a drug user with one of the Deputy’s daughters, then what? How about the other Deputy who is said has a girlfriend who was best friends with the girl who was getting indicted for dumping a body on Hull Rd. Put these things together and you have a ring of NO GOOD going on in this County as of late! Check me on this, surely investigators and the host of Attorney’s working on this already are!

Reply · Like · 2 · Yesterday at 3:19pm o

Jameson Rhoad · Engineering Technician at Transportation Research Center Inc Again question me and anyone else all you want, you are still the fool for taking the word of and defending the most corrupt officers in one of the most well known corrupt law enforcement systems in the country. - Just like John Mayer, their day of reckoning is upon them! – THEY ARE SO BUSTED when the puzzle is put together!

Reply · Like · 2 · Edited · Yesterday at 3:22pm o

Philip Williams ·  Top Commenter Jameson Rhoad Why would they release anything until the conclusion of the investigation? So you can get half a story and say ‘they are holding back’? And the family does bear some responsibility, if they did not inform the officers there was no weapon at this point. I know you want information quickly (that’s the way people want things in this day and age), but this takes time.; If they are wrong…it will come out. They will have the WHOLE story soon, as soon as more people are brought in from the streets who are currently running scared knowing this could and may be the largest bust ever!

Reply · Like · 1 · Yesterday at 3:25pm o

Philip Williams ·  Top Commenter Jameson Rhoad You really want corrupt? Try Mexico. Try Russia. Try Thailand. Try….well…you get my point. I have not run into anything remotely close to corrupt in America to the point those countries are. What is this kid smoking?

Reply · Like · Yesterday at 3:30pm o

Jameson Rhoad · Engineering Technician at Transportation Research Center Inc Philip Williams we arent in mexico, russia or thailand…… so yea, point is moot. and bci (who are all either former richland sheriff or their best buds) have nothing to investigate. what could possibly be left? an autopsy? no, they already know they shot him 14 times. search the scene for evidence? oh wait it happened months ago so thats done already. Interview witnesses? what witnesses? the deputies have already been returned to patrolling the streets even though they have not been officially cleared. how does that make you feel, to have multiple people walking around with guns and badges who could be charged with murder at any moment????

Reply · Like · 1 · Yesterday at 3:40pm o

Cathy Kiley ·  Top Commenter · Mansfield, Ohio Jameson Rhoad Were you there? - Jameson may not have been there, but the parents were. There are people who know far more than what you’ll ever read here. Wait for the trial, this is one where there will be no deals, rest assured!

Reply · Like · 8 hours ago o

Arita Hootman Sounds to me, you just don’t want to believe there is dirty cops in Richland county, there is no reason to put fourteen bullets in this man, and that not even counting all the other bullets they put in the wall and stuff, people you just need to face the fact there is dirty cops, not just here but everywhere

Reply · Like · 6 hours ago - You tell’em Arita! Absolutely NO REASON!!!!! o

Philip Williams ·  Top Commenter Arita Hootman Oh…they are there. Just not in the numbers people spout off. Not every cop is a dirty cop - Nobody is saying that, how ever 2 of them in this case surely have over stepped their bounds more than once, maybe IF the Sheriff disclosed their real records, or shall I say the corrupt clerk of courts who’s suppose to keep these records safe? I get so confused with all that’s wrong about this County! But, you are telling me every cop is dirty. I’m 48. No run ins with the police. People running around about the cops being dirty, probably have had a few too many interactions with them to begin with. I’ve been stopped for speeding, running a red light. But also have been helped while broken down on the side of the road. These are not super people, that can make a call that will please everyone. They do the best they can with what they are given. Not all police calls are rosy, happy filled stories. Most of the time, when they are called, they are dealing with anger, violence, tragedy, horrific injury, and death. Yes…they are trained for it. But, they are human, and it takes it’s toll. YOU try doing that. Day in and day out. I was never a policeman, but I am retired military, and I KNOW what being questioned about every move you make feels like. Being questioned is a good thing. But crucifying them before the facts are known is just idiocy. Let the investigation finish for the complete story.

Reply · Like · 5 hours ago o

Arita Hootman I didn’t say every cop is a dirty cop - I didn’t hear that either, but we know they exist – they are on the WALL OF SHAME, some of which are still working in this County – One being a FIRED BUTLER CHIEF OF POLICE who mysteriously wasn’t called upon like the law requires. Why was the BCI called first?, hmmmm! Want to see that dirty cops exist? - http://www.mansfieldersperspective.com/wallofshame.html

Reply · Like · 4 hours ago o

Arita Hootman And no I have not had run ins with them, but you don’t put 14 bullets in a man with no gun, and even if he did why would you put fourteen in him, not counting the other bullets fired and I do know some cops in Richland county are dirty, enough said, you all just don’t want to face facts

Reply · Like · 4 hours ago o

Jameson Rhoad · Engineering Technician at Transportation Research Center Inc I showed up to be with the family immeadiately after it happened given the fact he was my best friend. there seem to be alot of untrue “facts floating around due to he said she-said. but i know what i was told by everyone involved immeadiately after it happened. I also know which officers were present (amazing how all the bad apples showed up at once), and i know about the grudge that has been held for years against brian by an attorney turned judge(to answer the question about why they would want to murder him). youre right he was a convicted felon- convicted of stealing a golf cart and driving around on it(oooohhhhhh what a horrible thing, he was also still quite young when this happened)…. he had domestic violence calls, not charges, due to issues he had when placed on a certain medicine (the same one he was prescribed back on a week before he was killed). He was also a great friend, father, and person in general, not violent in any way, and anyone who knew him personally would agree 100% with me. the investigation should be finished, what else could they possibly have to do?????? how long does it take to investigate what so many of you are making out to be a cut and dry justified kill??? oh, and if you dont want the stress of being scrutinized for every move you make and dont want to be in danger when youre at work, DONT BECOME A COP! i was military as well, and guess what, no one forced me to do it, it was my choice, the same as yours and theirs.

Reply · Like · 1 · 4 hours ago o

Michael Wright · Madison High School 14 shots would seem to be a lot to anyone not familiar with defensive shooting. It’s not like on television, the bad guy doesn’t go down after one shot. The training today is to shoot till the threat is over. Given the fact that you can shoot 3-4 shots per second and that there were 3 officers shooting 14 is not that unusual. This would only take 2 -3 seconds to accomplish. This has been studied extensively by the Force Science Institute. Check out their website. I’m not saying they needed to shoot that many times, just that there is a adrenaline charged bodily response when you are shooting in defensive of your life (or think that you are) that is well documented.

Reply · Like · about an hour ago

Randy Baker ·  Top Commenter · Sales Associate at RV Collision and Restoration, Bushnell , Florida One day soon we the people are going to get tired of the crooked law and politicians and there will be a new American revolution and I hope it comes in my time,, Im so tired of reading these stories the sad thing is this has been going on a long, The internet is just bringing it to our attantion,, Im going to share this for you to help bring your story to the forfront , I wish you well

Reply · Like · 2 · Follow Post · Yesterday at 12:11pm

Randy Baker ·  Top Commenter · Sales Associate at RV Collision and Restoration, Bushnell , Florida One day soon we the people are going to get tired of the drooked law and politicians and there will be a new American revolution and I hope it comes in my time,, Im so tired of reading these stories the sad thing is this has been going on a long, The internet is just bringing it to our attantion,, Im going to share this for you to help bring your story to the forfront , I wish you well

Reply · Like · Follow Post · Yesterday at 12:10pm

Rilda Burchfield ·  Top Commenter · John Marshall CONNIE AND BERNIE IT TAKES A LOT OF GUTS TO STAND UP TO THE LAW BUT THAT IS WHAT WE ARE SUPPOSED TO DO IF THEY HAVE DONE WRONG AND IT SOUNDS LIKE THEY HAVE.TAKE THIS AS FAR AS YOU HAVE TO TAKE IT AND KEEP IT COMING TO THE FOREFRONT .THERE HAS ALWAYS BEEN CORRUPTION IN THE CITY OF MANSFIELD WITH BOTH THE POLICE DEPT.AND THE SHERIFFS DEPT.IT AMAZES ME AS TO HOW THINGS LIKE THIS CAN HAPPEN IN THIS DAY AND AGE AND NOTHING BEING DONE ABOUT IT,BUT THEN THE LAW PROTECTS THEIR OWN.AS THE BOOK SAYS ROTTEN TO THE CORE.

Reply · Like · 6 · Follow Post · Yesterday at 9:38am

Nikki Hess- Buckler · North Central State College I will share this for you son and justice!

Reply · Like · 1 · Follow Post · July 19 at 9:38pm  

Phil Sydnor · Major Sales  - CENSORED FROM MNJ EDITORS, HMMM? Want to learn MORE than the BCI has told any of you to this point?, come to https://www.facebook.com/groups/MansfieldersPerspective/ and let the TRUTH shine! – This in my opinion is a murder for hire, others said early on it was problem solved. Now these assholes want to say he was pointing what looked to be a gun (a remote) and since it was said he had a gun one of them who snapped had to empty his gun. Deputy Zehner WILL GO DOWN FOR THIS! – One way or the other the good people of Richland County are going to see PROBLEM SOLVED once and for all!

Reply · Like · Unfollow Post · 2 hours ago

Phil Sydnor · Major Sales I wonder why my comment can’t be seen on the MNJ, HMMMM?

Reply · Like · 2 hours ago

 

Let me CLOSE by saying….why did the wife bring her boyfriend to the funeral again? – Very Interesting indeed!

Posted in For those who can't comment on the MNJ site | Leave a comment

It’s more like, what is the Elected heads of Richland County hiding – The Sheriff cannot commit a fraud without help from others, right?

Is the sheriff hiding something? - Author Unknown, interesting in itself!

What is everyone afraid of is my question?  - They have no control over social media where this is not the only one questioning these files. These are suppose to be public record, kept by the Clerk for it is said THEY are to file EVERYTHING???? – Right Mr.Ed & Co.? – The question we should be asking is why NOBODY is questioning the executive branch or the separation of Branches the Clerk of Courts Linda Frary? It his this departments duty to hold, protect these documents to assure no frauds are committed, what’s up Linda?

Jul. 19, 2014   |  

0 Comments

The Richland County Sheriff’s Department behaves like it has something to hide.

We feel that way because of the department’s confusing and deceptive response to a simple public records request submitted by the News Journal.

Records are public in order to document behavior and hold officials accountable. Records help taxpayers track performance. Filling requests for these records is required by state law.

When they are withheld or manipulated, doubts about trustworthiness creep in.

The News Journal made a request for the personnel files of the five Richland County sheriff’s officers on the scene when deputies shot and killed Brian Garber on March 16 near Lexington.

One of the files requested was that of Deputy Jeff Frazier, whose file we had requested and reviewed about a year ago. The Frazier file delivered this time was missing disciplinary documents contained in the file a year earlier. Added to the current file was a series of commendations not contained in the first file.

A News Journal letter was then sent to Sheriff Steve Sheldon, pointing out the changes and asking for an explanation. We can’t help but wonder about the credibility of the other four files where we had no comparison.

We received a new set of five files that measured five inches in thickness. The original set of five was one inch thick.

The files arrived with no explanation from Sheldon, so we asked again. The brief explanation we eventually received blamed the missing materials on some human error and problems with the scanning equipment used to make copies.

 

Posted in For those who can't comment on the MNJ site | Leave a comment

One thing MPD and other should be transitioning from is tolerance from within departments for those who are sworn to protect from driving while intoxicated.

Don’t you think it’s a bit early to be promoting from within one who was busted for OVI? Those who get busted in the private sector don’t get off this easy, and you wonder why people don’t take these offenses serious?

Seems to me and surely others that there’s a bit of a hypocrisy going on here in Richland County that needs to be addressed publicly if they are serious about these crimes? If this was any of us we would have a hell of a lot of trouble finding a job as the latest outcry if criminal records here. Of coarse you will not see my response to this comment on their site, I wonder why?

Bob Jones · Top Commenter · Mansfield, Ohio

it is called consequences people. employers have he right to know what kind of people they are hiring, it is after all, their business, their reputation and their money on the line. as far as the state goes, who would expect anything else from the government but political correctness
  • Phil Sydnor · Major Sales at ABC Warehouse Ontario, Ohio

    Where’s the consequences for Shari Robertson (MPD) who was BUSTED OVI?, and why did the Sheriff’s Dept give John Mayer professional courtesy when they thought he was intoxicated? – She’s been promoted for her criminal offense, and he’s now working for the County. What people like you don’t get is it DEPENDS on who you are around here and enough is enough. If you want criminal records available to all, we want public records to be made public, not hidden or sealed like we see so many reprimand files. Answer this, and you will fix just one of Mansfields MANY problems – :-)

 

 

Mansfield Police Department in transition

Jul. 20, 2014 2:10 AM   |  

0 Comments

Written by

Mark Caudill

News Journal

MANSFIELD — The reorganization of the Mansfield Police Department is nearly complete.

The administration looks very different from even a year ago. Changes started in November when then-Chief Dino Sgambellone retired. Ken Coontz took the helm in December.

In early March, Deputy Chief Tobie Smith retired and was replaced by Keith Porch.

Coontz and Porch are finalizing their administration. No retirements are expected for some time.

There are, however, four pending promotions. There will be another lieutenant and three sergeants.

“Since I took over in December, it’s been constantly evolving,” Coontz said of the administrative lineup. “I’m looking forward to getting promotions out of the way and getting some stability in place.”

Bret Snavely and Shari Robertson are the two captains. They were promoted in April. Snavely oversees the patrol unit, and Robertson supervises the detective bureau.

Lt. Joy Stortz will return to the METRICH Enforcement Unit to head up the task force. Lt. Rob Skropits soon will replace recently retired department dean John Wendling in running the day-to-day operations in the detective bureau.

“It’s exciting to see officers advancing their careers,” Coontz said. “At the same time, I recognize that I’m losing senior supervisors that I relied upon heavily.”

Safety-Service Director Lori Cope admits it has been a little chaotic.

“We had so many people near retirement. They all left at the same time,” she said. “The young ones are moving into those positions.”

The watch commanders should include Lt. Doug Noblet on day shift, Lt. Doug Seman on second shift and the high scorer on the recent promotional exam as the night lieutenant.

“There’s bidding rights that will ultimately place everybody,” Coontz said.

As the chief said, stability is what his department needs.

“The department really is in transition,” Coontz said. “It’s up to me and Keith to mentor these guys and mold them. We really preach mentoring, preparing people for the next step.”

mcaudill@gannett.com
419-521-7219
Twitter: @MNJCaudill

 

Posted in Uncategorized | Leave a comment

How long can deputies be allowed to get away with murder?

Thank you Mansfield News Journal for posting this!

Come on BCI – It’s time you COMPLETE this investigation, quit listening to these Murder for hire lame ass excuses, THEY messed with the wrong family this time. The citizens of Lexington will stand UNITED, your services here are no longer needed here. 

Thank you, Mr. Bernard Davis, for having the compassion and common decency to give your opinion about my son’s death. It is too bad others who know the truth do not have the courage to comment the way you have.

He was murdered by deputies and all the so-called professionals in this town know it, but they continue to cover this up as they have done many times before for this corrupt sheriff’s department. Why the cover up? Is it to hide your own corruptness? Are you afraid that if they are exposed for their crimes there could be a domino effect for your pitiful excuse of a justice department?

When the BCI came to my home the day after the murder of my son to ask me my account of what happened, I plain and simply asked them: “How many people are you going to let them murder before you put a stop to this?” They had their tape recorder running, but I have to wonder if that part was erased.

To all of you who want to cover this up, I ask you, what if this happened to a member of your family, what would you do? How would you like for these cowards who carry a badge and a gun to come in and not even speak to the person that they are shooting at?

What kind of monsters do you employ, who have their salaries paid by taxpayers?

In the beginning, they said he had a gun, and then they said they found a magazine. What a joke. You know he had nothing on him. He was sitting up on the bed and these cowards go in and gun him down. Now you are trying to say that he held up a remote control to a TV. Please, do you know how stupid you sound with your pitiful excuses that you come up with? Yes, there was an old remote in that room in the drawer of the night stand. And these two men entered the room shooting. You didn’t know if that was my son or if there could have been kids in the room.

You didn’t know and you didn’t care. You put bullet holes in the wall, and headboard and 14 into him. It is obvious you didn’t stop to even look at him. The bedroom light was not on. It was only the hallway light that shone through that room and you could see him sitting there.

Now I ask our decent tax paying citizens, do you think that this couldn’t happen to you? Think again.

Connie Garber

Lexington

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Sheriff: Scanner error led to missing files – What the hell is the Sheriff doing responding to a question that should be Answered by the CLERK OF COURTS who files these records?

Sheriff: Scanner error led to missing files

What the Sheriff is saying is there is a FRAUD within THEIR system! It’s NOT the Sheriff’s duty to safely keep these records. IF we the people have a question on these records our issue is with or ELECTED CLERK Linda Frary, NOT the Sheriff. If these public records are NOT FILED, they are not EFFECTIVE. Let me also REMIND those who work for us, record tampering is against the law!

What the people will find is these 5 Deputy’s records are not only a fraud upon the people, there are MANY records in the Clerks office that are a fraud, I have one on record CURRENTLY myself that stems from many other frauds on the people in the way of plea deals and default judgments. Case in point IF you want to look up a case, look up case 2009CV1434 where the County filed this fraud document. There is in DEFAULT Judgement of a fraud that was perpetrated that brought on by that lawsuit. (More to come) by the party involved so you can get it from the horses mouth,

None the less in this case having documents on one request and not on the next only means the Clerks office is in disarray in which HAS NOTHING TO DO WITH THE SHERIFF!!!! If anyone is to answer for this, it should have been our other Elected Official Linda Frary!

Sheriff Scanner error led to missing files

News Journal’s request for personnel files fulfilled on second try

Jul. 17, 2014 8:55 PM   |  

0 Comments

Written by

Kaitlin Durbin

News Journal

MANSFIELD — Amid an ongoing investigation into a deputy-involved shooting, the Richland County Sheriff’s Office failed to turn over complete personnel records for five involved deputies on the first request.

The News Journal had requested to see personnel files for Lt. Donald Zehner; Sgt. James Nicholson; and Deputies Jeff Frazier, Andrew Knee and James Berry as a routine measure after the March shooting death of Lexington resident Brian Garber. The sheriff’s office complied with the request, turning over a stack of files about an inch thick.

But a News Journal investigation discovered multiple documents were missing from deputies’ files. Full compliance with public records requests is required under Ohio law.

The sheriff’s office cited a scanner error and human error as the cause of the discrepancy.

“This agency attempted to fill the request electronically and we were advised by the News Journal that they did not receive all the information requested. As soon as we were notified of the problem we then manually, by hand, went through all the files requested, copied them, and redacted them,” Sheriff Steve Sheldon wrote in a letter Thursday.

The result of the manual filing yielded 933 pages of records — more than 3½ times the 260 records received after the first request.

“To imply that there was any intent by the sheriff’s office to willfully withhold any documents is absolutely false,” Sheldon said.

Missing files

The majority of documents missing from the first request were routine employment, change of pay and other office records. But most of the records deemed to be more negative in connotation also were not included.

From Zehner’s file, numerous crash reports — the most recent of which was from October of last year — were not received on first request.

Most other missing documents, including pre-employment evaluations, were dated from the 1990s, but commendations from the same time period were included the first time.

In Frazier’s file, two paid administrative leave letters, a crash report, pre-employment evaluations not recommending Frazier for hire, an incident report filed by Frazier relating to K-9 Odin and Frazier’s allegations against another officer were not included in the first personnel file received in July.

Additions to Nicholson’s file in the second request mainly included military records from his many tours of duty, but some local commendations and two cruiser crashes also had been overlooked. Also received on second request was a letter stating Nicholson was subject to a drug test during paid leave after Garber’s shooting.

No other deputies had records of drug tests in their files.

Knee came on as a sheriff’s deputy in February, making his file significantly smaller than others received. Still, the full personnel file was not provided upon first request. Aside from routine office documents, Knee’s file also was missing a psychological evaluation in which he was recommended for hire with “mild reservations.”

Berry’s file also was shorter — he was hired in August 2013 — but was missing his pre-employment psychological evaluation in which he was recommended for employment without reservations. A personnel complaint filed against him for mishandling of a firearm during a traffic stop, a violation for unsatisfactory work and a reprimand that resulted in him being placed with Zehner for a two-week retraining period in June also were missing.

Berry still is on a one-year employment probation until August; Knee is on probation until February 2015.

Discovering the error

The News Journal caught the error by comparing Frazier’s personnel file in July to records obtained the last time his file was requested in May 2013.

It was discovered that seven records were missing from July’s file that had been included in May’s. Thirteen records — mainly commendations — were included in July’s file that had not been in May’s. An administrative leave letter from August 2013 also was missing from July’s file.

The sheriff’s office indicated in a letter that only medical records were withheld from the personnel files requested in July — medical records are protected from public view under Ohio Revised Code 149.43.

The News Journal asked Sheldon to review all five personnel files and provide an explanation for why the documents were missing from Frazier’s file, and to explain any other documents discovered missing from the other four employment files. Sheldon also was asked to give his personal assurance that all five files were complete and accurate when received the second time.

A brief note from the sheriff office’s lawyer, Daniel Downey, said a “scanner and human error” were to blame, and said the office takes public records requests very seriously.

“The RCSO Command Staff has taken steps to assure that this will not be an issue in the future,” Downey said in the letter.

kdurbin@nncogannett.com
419-521-7205
Twitter: @njKaitlinDurbin

comments as of 7-18-14 8:36am

Tod Mills · Top Commenter · University of Michigan

Thanks for updating us on this…..please keep on top of it and continue investigating this story. Clearly the department would just love for it to go away and the truth to be hidden about who did the shooting and the circumstances, but we must not allow that to happen if there is to be any chance of justice being served.

Richard Metcalf · Top Commenter

Good thing it is a slow news day, and the News Journal was able to take care of such an important matter, after this long of time.

8 hours ago

 

Posted in For those who can't comment on the MNJ site | Leave a comment

Deputies sort conflicting stories in Mansfield gun death????

Maybe they should sort out the conflicting stories between Deputy Zehner who said in a bar he was defending himself from Brian Garber who he said had a gun, and the FACTS the BCI shared that there was NO GUN????? Who’s lying?, appears there seams to be a consensus among the comments on this story that there’s NO JUSTICE when it comes to these 2. Since it’s being said there was a threat to get video from a local provider that depicts a certain Deputy was one of the first on the scene could pose a problem in this case? Could it be murder for hire once again, in their words this could be another “problem solved” – neither of these 2 should have been allowed back into society without a Richland Rolex and close supervision, so why is NOBODY questioning this? – $$$$$$$$$

 

Deputies sort conflicting stories in Mansfield gun death

No arrests made in July 7 incident

Jul. 16, 2014   |  

10 Comments

Written by

Kaitlin Durbin

News Journal

MANSFIELD — Shooting victim Deborah Hovestadt’s family said their final goodbyes during her funeral Tuesday, but questions lingered about the circumstances of her death.

So far, Richland County Sheriff’s detectives have not made any arrests in connection with the shooting that killed the mother of four. Hovestadt suffered a gunshot wound to the head July 7 at 1273 Kings Corners Road after what authorities alleged was an argument with her boyfriend, Darryl Jerome Taylor.

Taylor, 29, was arrested shortly after the shooting on a weapons with disability charge and a receiving stolen property charge. But there has been no indication Taylor was involved in the shooting.

Witnesses, including Taylor, gave conflicting statements to deputies.

When deputies first found Taylor in the street after the initial 911 call, he was on his hands and knees sobbing, saying, “She didn’t know the gun was loaded,” according to a Richland County Sheriff’s report. He told deputies he didn’t touch Hovestadt or the gun, and was just walking into the room when it went off.

Taylor said Hovestadt had been upset because she thought he was cheating on her. She never said a word before pulling the trigger, he said in the report.

Later, he told deputies he was walking around the house when he heard the gun go off.

Three juveniles younger than 10 were visiting Taylor from St. Louis when the incident happened. Two of them were reported to be Taylor’s children.

The oldest boy, a 10-year-old with the last name Taylor, said they were in a separate bedroom when they heard a shot. Another child said they heard Taylor say, “I’m going to jail.”

In the presence of deputies, two of Hovestadt’s children, Bonnie Tittle and Shane Lambert, also gave conflicting stories during phone conversations with friends and family.

While Lambert was being taken to the sheriff’s office for questioning, he told one friend on the phone that the “victim was saying that she was going to shoot herself, but it was an accident because she didn’t know that the gun was loaded.” On another call, he said “he was sleeping and was awoken to a gunshot,” the police report said.

Tittle told deputies she was sleeping in the living room with Lambert and her 1-year-old daughter when she heard the gun go off.

Immediately after the shooting, a friend who had been staying at the home left with Taylor’s 1-year-old daughter. Police were preparing to issue an Amber Alert for the child when the witness showed up at the sheriff’s office with the girl.

The friend had been involved in a domestic violence call in Lexington the night before and was staying with Hovestadt and Taylor until things calmed down.

He told deputies he was outside when Lambert came running out asking for somebody to call 911.

Then, Taylor told him to “take my daughter and go, go, go,” the witness told police. When he heard later someone had died at the residence, he took the child to the sheriff’s office.

Detectives found Hovestadt in a back bedroom with bed covers pulled over her head and a silver .44-caliber pistol in her right hand, according to the report. Her body was cremated before the funeral.

Taylor told deputies they bought the gun from someone on the street and kept it under their bed or on the nightstand. But there should have never been a firearm in the home to begin with.

Both Taylor and Hovestadt had prior felonies on their records, barring them from owning or handling a firearm, according to Ohio law.

Taylor had numerous felony convictions through St. Louis (Missouri) Metropolitan Police Department that prohibited him from owning or being in possession of a gun under Ohio Revised Code 2923.13, a Statement of Facts sheet filed by the Richland County Prosecutor’s Office showed.

• On Aug. 16, 2002, Taylor was convicted of second-degree robbery.

• On May 30, 2005, he was convicted of unlawful use of weapon.

• On Oct. 18, 2006, he was convicted of kidnapping, first-degree robbery and armed criminal action.

• On Jan. 24, 2007, he was convicted of first-degree robbery, first-degree burglary, armed criminal action and kidnapping.

Hovestadt also spent nearly four years in jail for engaging in corrupt acts relating to 30 forgery charges out of Richland County in 2000. She owed restitution to 13 area banks and lenders totaling $484,106.45, according to Richland County Courtview records.

She was released from jail in December 2003, and released from supervision in 2005.

Other family members at the scene told deputies that Taylor had shown a history of violence against Hovestadt. Several of them wrote statements saying Taylor had punched Hovestadt in the side of the head several times just a couple of weeks before her death. The two had been fighting about Taylor’s alleged affair, they wrote.

Hovestadt reportedly also told family members and friends Taylor had been beating her and he recently shot her with a BB gun. She posted about the incident on Facebook on May 26.

Taylor’s preliminary pretrial hearing for the weapons charge is scheduled before Judge Frank Ardis Jr. for 1 p.m. Thursday. The investigation is ongoing.

kdurbin@nncogannett.com
419-521-7205
Twitter: @njKaitlinDurbin

Deputies sort conflicting stories in Mansfield gun death

John Hess · Top Commenter · Crestline, Ohio

They are going to take this guys word as to what happened ….he should have never been out of jail to do anything with all his convictions…hopefully some other agency other than the richland co sheriff is looking into it ….they still haven’t figured out what happened when their deputies killed an unarmed man ,months ago…… unjustice system of richland county at work again ..    30 minutes ago

John DeChiara · Top Commenter · Mansfield, Ohio

Another case of our corrupt and lenient court system. Two kidnappings and he is on the streets?     3 hours ago

Tiffany Hill · Owner at 8 Lil Men & 1 Sassy

Her past doesn’t matter! She has kids and a family. You as a reporter are a very distasteful disrespectful person. She was a nice caring person. You didn’t bother to put that in there, did you? What’s her past have to do with any if this? Her life was cut short very tragically. Stop jumping to conclusions. Do your job! Give her peace. Give this family justice. Give her kids justice! I have heard nothing but good stories about her. I may of only met her a couple of times but she was nice to me. That’s why I believe she deserves the respect to of peace and so does her family. R.I.P Debbie  1 · 6 hours ago

Nancy Roman

I agree, and regardless of anything she done n her life at this point is irrelevant she has kids & grandkids.. where has “respect” gone to? & what happened to keeping details quite during an investigation? 3 · 6 hours ago

Tiffany Hill · Owner at 8 Lil Men & 1 Sassy

Some how this reporter got details and decided they were not worth keeping under wrap. Which is sad. Respect? Not a lot of people know what that is anymore. Which is also sad. My bf knew her better then me. The last couple if days I have heard stories about her. She seemed like a awesome person. He said she loved her kids alit. My heart aches for those kids.     1 · 6 hours ago

Nancy Roman

yes I feel awful for her kids.. my heart breaks for them!!!! I personally never had the pleasure of meeting her but I kno a lot of people tht kno her & I haven’t heard a single bad thing.. I pray to God n heaven tht true justice is served!    1 · 6 hours ago

Nicole L Phillips · Completed STNA Training

Her past should NOT even come up in anything she is NOT here to defend it! And a victim no matter what the outcome of the investigation. This is a terrible tragedy and I feel so bad for her family and friends. I did not know her but I pray that the truth is found so her family can find some kinda peace. My outlook is that the story doesn’t quite add up and the investigators shouldn’t jump to conclusions because the gun was in her hand.the blankets wrapped around her head could be a huge sign that someone was trying not to get any type of DNA on them it all seems pretty fishy abou If domestic violence played a role in their relationship then I’d bet this wasn’t an accident and from what it looks like to me a murder. You can NOT judge a book by cover .and even with the crimes you posted Nome were violet or using a weapon. With all that being said may God be with them at this difficult time and may Deborah rest in peace.      3 · 7 hours ago

Gina Powell · Top Commenter · Northmor High School

No matter what she has done in her past, this is very poor and disrespectful reporting. This girl is someone’s mother, daughter, sister, aunt. I really don’t see the need to post her record. Show some respect for the deceased reporter!     4 · 8 hours ago

Eva Snyder · Stay at home mom at Retired

wow when is enough enough      2 · 7 hours ago

Nickie Burton · Forman at Bobby R. Burton

I agree with you Gina. This woman was a victim, not a criminal in this case. I guess my question would be after reading about HIS record, why was he on the street   2 · 6 hours ago

 

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Former Worthington Township trustee gets probation for theft, by the 10 commandments Judge no less!

Former Worthington Township trustee gets probation for theft

Jul. 15, 2014   |  

2 Comments

Clark Swank

Clark Swank listens as First Assistant Prosecutor Bambi Couch Page makes her recommendations during sentencing for his theft conviction for using township diesel fuel in his personal vehicle. / Dave Polcyn/News Journal

Written by

Mark Caudill

News Journal

 

 

MANSFIELD — Richland County Common Pleas Judge James DeWeese called Clark Swank’s crime “a bad mistake.” - Stealing gas one time is a mistake – MP

“You’ve worked hard and been a productive citizen,” the judge said. “In this case, it’s the first major mistake you’ve made.” - Yes, with professional courtesy it is difficult to get caught, usually somebody turns a blind eye or is paid off to go this long without getting in trouble. It’s like John Mayer getting professional courtesy for a DUI and this Judge says the same thing if and when someone actually prosecutes his first one. These sociopaths crack me up, then call me a crack pot to others because they can’t confront themselves. You have to love local politics (smh). This is just the first major mistake he’s been caught at, now that he’s going to be on the wall of shame he had better hope it’s his last. (wink, the REAL public record) we all know how the clerk of courts can be manipulated.

DeWeese sentenced Swank, a former Worthington Township trustee, to two years probation on Monday for theft in office. Swank, 64, of Butler, used township fuel in his personal vehicle while on township business.

The judge also ordered Swank to make $4,069 in restitution. DeWeese found Swank guilty on two counts of theft in office during a bench trial last month.

Swank could have received up to a year in prison. He had to surrender his position with the township, which he had held since 1984, when he was convicted.

In his trial, Swank contended there was a gentleman’s agreement allowing him to use township fuel in his personal vehicle for township business.

Swank noted the agreement permitted him to be compensated for his travel in the township as township road superintendent.

He also later acknowledged that he understood that Ohio law prohibits township trustees from being paid for such travel.

“He did, in fact, admit to using township fuel under a mistaken assumption that it was OK to do that,” defense attorney Robert Whitney said.

Wearing a navy blue suit and tie, Swank apologized to the court.

“I thought that it was legal, that I was doing the right thing,” he said. “I was trying to save the township money.”

After the previous road superintendent retired, Swank assumed some of his duties and supervised the two employees in the road department. They are the ones who noticed the missing fuel and reported it.

DeWeese ordered Swank not to have contact with township employees while they were on duty or visit township facilities.

Last week, Worthington Township Trustee Gary Smith resigned, leaving the township with only one trustee.

mcaudill@gannett.com
419-521-7219
Twitter: @MNJCaudill

 

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Why no news on investigation of Brian Garber’s death?

Why no news on investigation of Brian Garber’s death?

 

On March 16, 2014, Brian Garber was killed by members of the Richland County Sheriff’s Department. It has been more than three months since this killing. From the information the News Journal was able to squeeze from the government, the deceased did not have a gun. Fifteen or 16 bullets were fired at him and the coroner was not called to the scene for hours. I have been a criminal defense lawyer in Richland County for 41 years, 7 months and 14 days and I question why there has not been one word about the investigation in this cause.

I know the stock answers. The Bureau of Criminal Investigation (BCI) has taken over the inquiry because they are an independent organization. It would not be wise to be positively influenced by the BCI taking over this investigation. For years, it has worked closely with the sheriff’s department.

“We can’t reveal anything because the investigation is ongoing.” This is garbage.

What is there to investigate? Certainly by now, an autopsy would have been performed to determine if the deceased died of natural causes or the untold and unknown number of bullet holes in his body. This is not a situation where witnesses have to be sought and pulled out of the woodwork. It would appear all of the lay witnesses live in the Mill Run Road area and are known to the authorities. Certainly, the sheriff’s department deputies would be immediately available to accurately and succinctly tell what happened, given their excellent training and experience.

To this writer who has experience with many criminal cases, this walks like a cover-up, talks like a cover-up, smells like a cover-up and looks like a cover-up.

Draw your own conclusions.

Bernard R. Davis

Mansfield

 

 

Comments for

Why no news on investigation of Brian Garber’s death?

 

Chad Hutcheson · Mansfield, Ohio

So officers are to wait for shots to be fired? The tape said the guy had a gun. How would you expect them to react? Funny you say that, it was ONLY speculated he had a gun, the text message of him saying he had a gun was not found until he laid dead. So Chad, YES they should have went with caution, and yes they should have handled differently. Instead they went right up the stairs, un-announced and Deputy Zehner MURDERED this man to silence him for what ever. Maybe the investigation should include the 2nd Deputy’s daughter as being friends with the deceased wife? Maybe they should look into those posting on the MNJ that this wife also wanted a divorce and could not afford one and was copied for later reference as saying….”PROBLEM SOLVED” – Sorry ASSHOLE, but IF you only knew half of the truth you would not be putting your neck out for this man. You want to talk to someone who knows a lot of what’s going on it’s not hard to find me. Have a nice day – Phil Sydnor

1 · about an hour ago

 

Debbie Jasinski

It’s sad that you feel the need to call this young man a nut case. You only know what you read. You did not know this young man personally. I watched this young man grow up and yes he had some problems and a disturbance did happen but it was handled very badly. No words spoken only bullets fired, and yes I do know that to be true. You have an evil heart to throw words like this on here when there is a family suffering. You are quick to slam him but where is the investigation results? How can you not question this situation? It has been far too long for this family to be without answers and they have a right to know and as a citizen I have a right to know. God help us all if bullets are the only answer to domestic problems when the authorities are called. You never know what will cross your path one day, so don’t be so quick to judge. Geez lady, you have an attorney questioning it and I think he has some knowledge on how this all works. It most definitely is time for answers.

 

 

Chad Hutcheson · Mansfield, Ohio

How do you expect a lawyer to act? He probably wants to get in on the case.  Bla, bla, bla! – it’s high time we get a lawyer around here to grow a pair, MOST and I do know MOST will say…I won’t shit where I eat! – Now that’s ROTFL like the once fearless Drew Tyler used to say! By the way, where is this anonymous posting pusillanimous these days????

Ruth V Schwan · Top Commenter · Owner at Purr-L Harbor and Sand and Sea LLC

really? a nut case making threats, has or has not a weapon, people calling for assistance with the nut case, responders come, nut case being a nut case, nut case is shot, problem solved, its really no ones business in the public sector how many holes, or how. the continued path of the untreated nut case being a continued threat is over. Maybe you should be asking how to make it easier to commit the nut cases that are a threat to everyone instead.  Ruth, you sound like a NUTCASE yourself! – Nobody should have to pull the trigger this many times in ones house who thought they were getting their son help. You my friend are a pityful soul – Sure glad you told us where you work, I’ll be damned IF I’ll be giving you any business!

 

Connie Goble Garber · Works at American Health Network

Wow, you did not know him and you have no right to call my son a nut case. You are heartless. So since you have no heart then if this ever happens to you, evidently it would not bother you. A lot of the things that were reported about him was very untrue. Only a NUTCASE herself could call someone a nut case that had his life ended in cold blooded murder.

 

  • 5 · 5 hours ago

My personal comment on the MNJ site that you WILL NOT SEE, WHY? – I am censored from telling it like it is, the TRUTH on their site. This County is CORRUPT!, and quite frankly why we need new heads to change it… The Sheriff, the Prosecutor, Clerk of Courts, and MOST of ALL those 3 who do nothing Commissioners who have the POWER to do something that elect to do nothing!

Phil Sydnor · Major Sales

By the way some were posting in defense of Deputy’s early on in previous articles it should be looked at as a murder for hire. Then we have the case of a son being murdered in your own home and can’t sue? How quaint that the only one who can sue, won’t sue because the way posters said was a “problem solved” – problem being the wife wanted a divorce and was friends with Deputy Fraziers wife, and since Deputy Frazier was already under fire for a previous outrage and abuses of power it was Zehner who fired upon this defenseless man. How do I know Zehner was the trigger man? – The Mansielders Perspective broke this story when he was running his mouth in a bar that he killed him because he had a gun. So, which is it? – what this highly trained Deputy said, or what the BCI concluded that there was no gun? Since I cannot post, IF the BCI wants any truths, not conspiracy’s they can find it here – http://blog.mansfieldersperspective.com/why-no-news-on-investigation-of-brian-garbers-death/
Comments updated thru 7-14-14
 
Posting as Phil Sydnor (Change)
  • Jeffery Batcheller · Truck Driver at Benjamin Steel Co.

    Wow Ruth, by the tone of your comment, I think you’ve made it fairly evident who the “nutcase” is!
  • Chad Hutcheson · Mansfield, Ohio

    So officers are to wait for shots to be fired? The tape said the guy had a gun. How would you expect them to react?
    • Debbie Jasinski

      I don’t think anyone implied that they should wait for shots to fired. I expect them to put some of their training to use. Again, not a word spoken just shots fired. There was a flight of stairs between them and this young man and they never spoke his name, never tried to reason with him and never saw a gun because their wasn’t one.
    • Glenda Branham Rowe · Top Commenter · North Central State College

      I would expect them to go and and assess the situation, absolutely not to go up with guns a blazin’ without KNOWING he had a gun. It is their job to protect lives. So, if I called the cops right now and told them that you were harassing me and had a gun, they should assume you do and walk in to your home and murder you just because they were told you had a weapon? Your logic is ridiculous. It was murder, plain and simple.
  • Debbie Jasinski

    It’s sad that you feel the need to call this young man a nut case. You only know what you read. You did not know this young man personally. I watched this young man grow up and yes he had some problems and a disturbance did happen but it was handled very badly. No words spoken only bullets fired, and yes I do know that to be true. You have an evil heart to throw words like this on here when there is a family suffering. You are quick to slam him but where is the investigation results? How can you not question this situation? It has been far too long for this family to be without answers and they have a right to know and as a citizen I have a right to know. God help us all if bullets are the only answer to domestic problems when the authorities are called. You never know what will cross your path one day, so don’t be so quick to judge. Geez lady, you have an attorney questioning it and I think he has some knowledge on how this all works. It most definitely is time for answers.
    • Chad Hutcheson · Mansfield, Ohio

      How do you expect a lawyer to act? He probably wants to get in on the case.
    • Debbie Jasinski

      Oh I’m sure there are many more lawyers that feel this way but don’t want to ruffle any feathers. Mr. Davis has the backbone to speak up. Plain and simple there is no reason that this report has taken this long so why wouldn’t people become suspicious? It is only common sense. If there is nothing to hide then what is the hold up?
  • Ruth V Schwan · Top Commenter · Owner at Purr-L Harbor and Sand and Sea LLC

    really? a nut case making threats, has or has not a weapon, people calling for assistance with the nut case, responders come, nut case being a nut case, nut case is shot, problem solved, its really no ones business in the public sector how many holes, or how. the continued path of the untreated nut case being a continued threat is over. Maybe you should be asking how to make it easier to commit the nut cases that are a threat to everyone instead.
    • Connie Goble Garber · Works at American Health Network

      Wow, you did not know him and you have no right to call my son a nut case. You are heartless. So since you have no heart then if this ever happens to you, evidently it would not bother you. A lot of the things that were reported about him was very untrue. Only a NUTCASE herself could call someone a nut case that had his life ended in cold blooded murder.
    • Rick Rush · Top Commenter · Works at Ohio DRC

      Ruth you’r comments are really cruel by calling this man a Nutcase ! Do you realize he is someones son some child’s father some woman’s Husband ? Know one knows for sure what really happened in that room that night only the Deputies involved ! This has had to be so hard on all involved for Brian’s family for Law-enforcement ! There is NO real winners here there are Questions that has to be answered to Heal the family the Deputies and for the community as well ! Although Sheriff Steve Sheldon has been an Upright Honest Sheriff and Has done a Remarkable job for our county I’am sure he is well aware there are Answers the Family needs to know in order to Heal and also for this community as well ! Ruth Mental illness is very serious and Families have gone through so much as well as Mental Health workers and Law-enforcement officers please be a little more caring when dealing with a families Loved one !
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OVI Checkpoint, Only IF they were serious, they would straighten their own house first?

Patrol OVI checkpoint planned in Richland County

The Ohio Highway Patrol announced today it will have a checkpoint for impaired drivers Thursday evening.

The checkpoint is intended to deter and intercept impaired drivers, according to a patrol press release.

“Based on provisional data, there were 413 OVI-related fatal crashes in which 436 people were killed last year in Ohio,” said Lt. Chad Enderby, commander of the Mansfield post. “OVI checkpoints are designed to not only deter impaired driving, but to proactively remove these dangerous drivers from our roadways.”

The checkpoint’s location will be announced Friday morning, according to the press release.

Surely this comment has been removed from site on their website because they protect the rights of freedom of speech? If you like that, you will love this little e-mail that said to cease a desist copying and paste what they don’t want you to hear, another ones perspective – lol! (Here) – you will love this?

 

Phil Sydnor · Major Sales at ABC Warehouse Ontario, Ohio

Surely IF there were serious about this crime when they catch one of their own WITHOUT Warning they would fire them IMMEDIATELY? Yet, wasn’t Sherri Robertson promoted shortly after her getting caught? Then there’s the FIRED APA Supervisor who escaped via “professional courtesy”, then hired by the County as security at the County Courthouse – Just like the WAR on drugs, until THEY clean their own house they should leave the public alone. Surely like Lincoln said…we go looking for the bad in man we are sure to find it. Maybe THEY wouldn’t mind if WE follow them for awhile, surely that wouldn’t be invasive or harassment?

Reply · Like · Unfollow Post · 2 seconds ago

Mary Lee Lester Cains · Top Commenter · Perrysburg High School

I think the posting of location the day AFTER, is a terrific idea, why would you want to know before hand ?? unless you’re planning on avoiding THAT AREA, so you won’t get caught !! hhhhmmmm !! thank goodness our patrol officers are not that ” trusting ”

Reply · Like · 1 · 22 hours ago

Rocky Schiffel · Mansfield, Ohio

It’s called the 4th Amendment ;

Prohibits unreasonable searches and seizures and sets out requirements for search warrants based on probable cause as determined by a neutral judge or magistrate.

Reply · Like · 4 · 10 hours ago

Tim Winningham · Top Commenter

It also seems to be rather invasive to pull some one over without probable cause for committing a crime. I acknowledge the scary numbers of people who die or were captured being drunk at OVI checkpoints, but I’d be more interested in how many people were stopped while be sober. Any thoughts on punishing the innocent to fight the wrong (sort of like the TSA searches)?

Reply · Like · 3 · 22 hours ago

Amanda Barber · Top Commenter · North Central State College

It seems like it would be pointless to post the location on the morning AFTER the check point.

Reply · Like · Yesterday at 7:13am

 

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