Posted on 07/28/2006 4:52:22 AM PDT by abb
DURHAM -- Raleigh police have charged two Durham Police Department officers in connection with an incident that occurred July 20 outside a Glenwood Avenue sports bar.
The officers, Gary Powell Lee, 38, of 3588 Copper Creek Lane, Franklinton, and Scott Christian Tanner, 33, of 2516 Hiking Trail, Raleigh, both face counts of simple assault. Conviction on the misdemeanor carries with it, for someone with no prior offenses on their record, the possibility of a maximum 30-day jail sentence and a $1,000 fine.
Lee and Tanner are accused of assaulting Rene Dennis Thomas, a cook who works at Blinco's Sports Restaurant and Bar, 6711 Glenwood Ave., Raleigh. The charges stem from a parking-lot altercation that occurred late on July 20 as five current and two former Durham Police Department officers were leaving a going-away party for a departing officer.
A criminal summons issued Thursday alleged that Lee, a member of the department's Special Operations Division, tried to strike Thomas and tackled him, causing the cook to fall to the ground. A second summons alleged that Tanner, a motorcycle officer who works in the department's Traffic Services Unit, kicked Thomas in the head.
Thomas has told television reporters that as many as six men participated in the assault, which began with an exchange of racial slurs. But Raleigh Police Department spokesman Jim Sughrue said detectives in that city don't intend to charge anyone else in connection with the incident, or add later to the charges they've already filed.
"It's been extensively investigated, and we're confident that the responsible individuals have been charged," Sughrue said.
But Lee and Tanner -- and three of their colleagues -- could still face sanctions from the Durham Police Department. An internal investigation is continuing and should conclude in two to three weeks, Police Chief Steve Chalmers said at a news conference Thursday.
The Durham probe is focusing on a wider range of issues that include the alleged use of racial slurs. "The alleged conduct is something that is certainly deplorable to us, and something we don't want to be consistent in the way we operate and conduct ourselves," Chalmers said. "The entire allegation is disturbing."
Lee and Tanner had previously been restricted to administrative duties, and remain so. The other three officers in the case -- Sgt. Mark Gottlieb, Officer Richard Clayton and Officer James Griffin -- had also been restricted but on Thursday were allowed to resume their normal duties.
The decision doesn't mean the three have been cleared, but does indicate that based on "the facts we've already uncovered ... there's no reason we can't put these officers back on full duty," Chalmers said.
Asked later if that meant the three had played only a minor role in the incident, Chalmers said, "At least we can say it wasn't a major role."
All of the officers have the right to a lawyer's help, and two, Gottlieb and Lee, have retained the Durham firm of Clayton Myrick McClanahan & Coulter to represent them as the internal investigation and criminal case unfold.
A lawyer there, Allen Mason, confirmed Thursday that senior partner Jerry Clayton had spoken to Gottlieb and that another of his colleagues, former Assistant District Attorney Freda Black, had spoken to Lee.
One of the two former Durham officers involved in the case, James Kennedy, has also retained Clayton's firm and has talked with Mason. Kennedy is a former motorcycle officer who left the department late last year. The other former Durham officer who was present remains unidentified.
Asked if the lawyers and their clients would speak up to offer their version of what happened, Mason said there's "not a chance in the world" of that happening outside formal channels.
"We're not Duke lacrosse lawyers," Mason said alluding to the year's most highly publicized Durham Police Department case, one that Gottlieb and Richard Clayton, who's no relation to lawyer Jerry Clayton, have both worked on. "We don't practice that way. We don't comment about pending cases, we don't do interviews, we don't make statements."
The Raleigh charges were notable for the fact that they didn't address what Thomas has said was the first act of the confrontation, a move by one of the men involved to poke him in the shoulder with a finger. The charge against Lee addressed an act Thomas alleged was committed immediately afterward by a second man, and the charge against Tanner addressed something that happened after Thomas fell to the ground.
The shoulder poke was likely a criminal act under North Carolina law, given court decisions that have held "the merest unauthorized touching of another [person] is an assault," said Barry Winston, a criminal-defense lawyer in Chapel Hill.
A judge "who strictly interprets the law would, I suspect, hold that North Carolina law requires him to convict someone who walks up to someone and in an antagonistic fashion pokes that person with his finger," although that's "not what the average person thinks of as assault," Winston said.
Raleigh detectives filed Thursday's charges after consulting prosecutors in Wake County District Attorney Colon Willoughby's office, a move Sughrue said is standard in officer-involved cases. The spokesman declined to say why there wasn't a charge addressing the alleged shoulder-poke.
"Based on the investigation of the case, and facts present, it was determined that these two charges were the appropriate charges to bring," Sughrue said.
Thomas was surprised Thursday to hear that the charges involved the officers they did. "Lee and Tanner? Huh. OK. Check that again and call me back," he said before cutting off a brief interview. "I don't think you have the right guys."
The cook did not elaborate, and did not return a call placed to his cell phone late Thursday afternoon.
The Raleigh department's decision to issue a criminal summons for each of the officers, rather than an arrest warrant, saved Lee and Tanner an appearance before a magistrate and possibly the need to post bail to avoid detention. Sughrue said the officers didn't receive any special treatment.
"That is very typically the way a simple assault case is handled," he said. "That's very consistent with the way we'd handle the same case if the suspects had not been law enforcement officers."
Also routine was the Raleigh department's decision to assign detectives from its own internal-affairs unit to work the case. No matter what agency they work for, when police are "suspect in a case in Raleigh, the case is investigated by internal affairs," Sughrue said.
Elected officials said they're watching how the criminal case plays out.
Mayor Bill Bell said the allegations, if true, are unfortunate. "If in fact it did happen, I'd hope they'd be prosecuted to the fullest extent," he said.
City Councilman Eugene Brown agreed. "It's always problematic when you have those hired and paid for enforcing the law breaking the law," he said. "I want to withhold judgment, but so far, this is just embarrassing."
Lee has worked for the department since 1999. Tanner joined the force in 1997, and was recently the beneficiary of a department-organized fundraiser intended to help him and another officer pay for cancer treatments. He suffers from Hodgkin's
To me it is real simple. If you are getting away with something like say the DA controlling the schedule and want to keep getting away with it, you best not use that stick against defendents with the funds to take you to federal court.
Now, I doubt Nifong figured that out. I suspect that others around the court house and maybe the other DAs in the state, pressured him to not risk the right of schedule for all of them against these defendents with resources in this weak case where a federal judge just might be looking for any excuse to overturn in the event of any conviction.
Have y'all noticed how Ruth has caught on to the trick of posting a new blog whenever the current one gets uncomfortable for her. The previous blog just this afternoon had a real good post comparing Nifong to Capt. Queeg of The Caine Mutiny...
Did you catch this editorial posted this morning?
http://www.heraldsun.com/opinion/hsedits/56-756593.html
Chalmers is right to investigate slur
The Herald-Sun
Jul 30, 2006
Last week, the Raleigh Police charged two Durham officers with assaulting a cook outside of a Raleigh restaurant. Whether guilty or not, the fact that the officers put themselves in position to be charged with such a crime is one big embarrassment for Durham and the department.
The officers, Gary Powell Lee, 38, and Scott Christian Tanner, 33, have both been charged with simple assault, which carries a maximum 30-day jail sentence and a $1,000 fine. They are accused of beating Rene Dennis Thomas, a cook at Blinco's Sports Bar on Glenwood Avenue in Raleigh.
Lee, a member of the department's Special Operations Division, is accused of striking Thomas and causing him to fall to the ground. Tanner, a motorcycle officer in the department's Traffic Services Unit, allegedly kicked Thomas in the head.
Three other officers initially named in the case and restricted to administrative duties -- Sgt. Mark Gottlieb, Officer Richard Clayton and Officer James Griffin -- were allowed to resume their regular duties last week, although they haven't been entirely cleared in this matter.
The altercation apparently started after an exchange of racial epithets. Thomas, who was in the rear restaurant, said he was called the N-word by one of the officers leaving a going-away party for a departing officer. Thomas admits he responded by calling the offending officer a cracker.
Neither the accused nor the accuser has anything of which to be proud in that exchange. However, law enforcement officials are held to higher standards than ordinary citizens are, as they should be.
If one of the officers is found to have hurled a racial slur at Thomas, it is difficult to see how he could continue on the job in a town that places such a high value on racial diversity. Such behavior erodes the public's confidence in the department. It also tears down trust in predominant black neighborhoods, and especially in those where the residents don't feel they get a fair shake from the police.
Police Chief Steve Chalmers, who is black, has said the department doesn't take racial slurs lightly, and it should not.
"The alleged conduct is something that is certainly deplorable to us, and something we don't want to be consistent in the way we operate and conduct ourselves," Chalmers said. "The entire allegation is disturbing."
Disturbing is the right word. And we again urge law enforcement officials in Durham and Raleigh to continue to investigate this matter thoroughly and share the findings with the public. It's a matter of trust.
Three other officers initially named in the case and restricted to administrative duties -- Sgt. Mark Gottlieb, Officer Richard Clayton and Officer James Griffin -- were allowed to resume their regular duties last week, although they haven't been entirely cleared in this matter.
I could just imagine.
I think my stopping to eat there and relatively short time there just shows how little interest the N&O, etc have.
It is what many of us around her have said about the MSM for a long time now. They are lazy and only report what they have to. If the story goes in a direction they don't like they abandon it.
Dukie, I agree completely that more players are involved. As I said previously it probably didn't involve the two candidates directly.
I've been robbed!! (or did you remember this post?)
http://www.freerepublic.com/focus/f-chat/1673672/posts?page=96#96
Yes. I did thank you. I think I saw some quotes excerpted and posted by you earlier.
Thank you. I appreciate the help!
Roger. thank you.
It may get worse. See the next Post. I'm sending it to the News and Observer.
Herald Sun editorial "Cheek says 'no' to challenge, sort of"
Some factual issues regarding Mr Cheek but also contains comments on the lacrosse. I sent the following email to the publisher, editor, managing editor and editorial page editor:
Subject: 7/30 Editorial "Cheek says 'no' to challenge, sort of
Date: Sun 07/30/06 12:26 PM
Since this 'editorial' is not credited as the opinion of any particular writer, I am submitting to all of you the inaccuracies in this "report". If this is an opinion piece, why do you not not state whose opinion??
Since this is more obviously a 'report' merely published on the opinion page... I would like to see corrections published in the opinion section of this paper - correcting the factual inaccuracies I'll identify below. As a citizen of Durham, I listened to both Mr. Cheek's and Mr. Nifong's statement in interest. After reading your editorial it did not jibe with my memory of Mr. Cheek's statements so I listened to the full press conference and follow up questions linked at WRAL
The first factual error in your your 'article': "Yet he still withheld a formal decision on whether he would actually campaign for the office."
When in fact Mr. Cheek stated on several occasions that he would not campaign for the office. Some quotes include "I will not run a campaign." and "I'm not going to have any further connection with the campaign, with the election, with anything after I finish answering questions today.. "
Second, your article implies that Mr. Cheek says supporters shouldn't vote for him after all "Cheek said being district attorney would be too much of a distraction from the business of his Durham law firm, so supporters shouldn't vote for him after all."
When in fact Mr. Cheek said "The people will be able to directly state whether they are satisfied with the status quo. They will state that themselves." "In June the people spoke with signatures on a petition. In November the people will speak with votes at the ballot box."
Further Mr. Cheek says "I want to emphasize to you that what I am saying is that the people will speak. Lewis Cheek isn't going to be speaking. Its up to every individual voter to make up his/her decision on what they might believe is the right thing to do."
Lewis Cheek absolutely DID NOT say that his supporters shouldn't vote for him after all. This is a grossly inaccurate statement (to say the least). He spoke very clearly about what he thought the voters should do. You've done the Durham community a HUGE disservice with your misstatements/lies.
As to the opinions (again, whose opinions I'd like to know):
The article says that 'some people will continue to urge voters to cast their ballot for such a candidate' which 'tends to cheapen and demean the seriousness of the political process'. While this may be someone's opinion, I say that this is what our political process is all about. Let the citizens of Durham speak. It is obvious (based on the hugely successful petition drive) that as many as 15,000 Durham citizens are NOT happy with the status quo and want an alternative. If that alternative results in letting Governor Easley select a new DA - perhaps that is exactly what should happen. Perhaps Durham voters have more faith in Mr. Easley than they do in Mr. Nifong at this point. I agree that this is not about just one case. This is absolutely about the next 4 years. Does Durham want Mike Nifong for the next four years?
With respect to the Duke Lacrosse case, Mr. Nifong himself caused the media spectacle that portrays our city very negatively. All of the negative media coverage can be pointed directly to him. In local and national media, he demonstrated choke holds, suggested condom use, suggested date rape drugs, stated that no one on the team was cooperating with police, suggested that the lacrosse players should not have consulted attorneys.
Do some investigative reporting... I think you'll find that Mr. Nifong and the DPD had evidence AT THE TIME HE MADE THE STATEMENTS that they were false. Yes, the defense team has responded... but only after Mr. Nifong made false claims about their clients in the media. This is their right & their job.
My expectation is that a crime be investigated by the police department BEFORE charges are brought against anyone accused of a crime. The Durham Police Department should then take all the evidence to the DA and request charges. DPD should be allowed to do their job. After all the evidence is in, the DA should review to see if there is enough evidence to move forward. The DA's job is to pursue the truth. How can refusing to meet with the defendants in this case possibly be viewed as a pursuit for the truth? How can these actions by Mr. Nifong possibly be explained away?
Did Mr. Nifong wait for evidence in this case?? No. Is this how you would like a charge against you or a loved one handled? Not me.
I am very disappointed with local reporting. It is the media that can help protect the public against injustice. Yet, local reporting seems to support the political players who continue with this case that should never have been.I look forward to your corrections and a reponse.
3:39 PM, July 30, 2006
Is it true that the DPD has a Large Luxury Vehicle that is utilized by senior DPD personnel called BALD ONE?
What is the name of the driver of the Quasi-Police Limo?
And, it's not Boy, either.
Can you confirm the allegations that BALD ONE is prone to overheat and the brakes have repeatedly failed. Have these incidents involving BALD ONE been investigated and disclosed in a manner in accordance with State and Federal law?
Are the citizens of North Carolina liable for Bodily injury and property damage caused by BALD ONE?
Can you confirm the rumor that BALD ONE was involved in a HIT and RUN recently?
Is it true that there is a culture of privilege and arrogance surrounding BALD ONE? Is the continued use of the BALD ONE by the Durham PD indicative of a swaggering sense of entitlement in this institution?
At what point will the damage resulting from BALD ONE override any potential benefit to the senior personnel at the DPD?
Does the Durham D.A. have unfettered access to BALD ONE? Has BALD ONE been used (or misused) by that office for personal reasons in the past? Has the history of misuse of BALD ONE by this office been investigated and reported on in the past?
Specifically, is the oversight and enforcement process regarding BALD ONE being adhered to by all State institutions, employees, and representatives?
Has the Media pressed for reform or led any effort to prevent corruption in the aforementioned State institutions since the existence and knowledge of BALD ONE has come to light?
In regard to BALD ONE, what did the News and Observer know and when did they know it?
A Preliminary investigation has revealed serious questions regarding codes, ethics, laws, and standards stemming from the points delinated above and the absense of media inquiry into these charges.
No conclusions have been reached; however serious questions remain. Does this link from Wikpedia offer any clues?
http://en.wikipedia.org/wiki/Cover-up
Re article: heraldsun.com/opinion/hsedits/56-756589.html That was clearly the opinion - unsigned - of the Herald Sun. That is so scary! and I'm a once-upon-a-time Durhamite.
SO: Where can I send my money for the ABN campaign? Money talkes. Address? Bank acct? Person? Will someone in Durham PLEASE take charge.
8:49 PM, July 30, 2006
anonymous said...
Please hold on to your money for a couple of weeks. Don't spend it on anything else, because it will be needed. The campaign to elect Anybody but Nifong is being organized in Durham, but it can't happen overnight. We will keep you posted. And thanks for your support.
9:28 PM, July 30, 2006
Comment from: J. W. [Visitor]
07/30/06 at 21:47
One must ask, at this juncture, why the BALD man has escaped scrunity in the Raleigh News Media. This event occurred in Raleigh.
It has implications on a National case. The allegations are serious - and may indicate Federal Civil Rights violations, Hate Crimes, or corrrupton/abuse of Power.
Without an independent press thoroughly investigating these things, it is unknown what is being swept under the rug in the name of a politial agenda or a politially based prosecution.
It goes without saying that suspicion of corruption and cover-up increase when the public is kept in the dark on basic facts in the case. For instance, what is the identity of the BALD man that was alleged to be the Ring-leader of an ugly crime in the back of a bar late at night - in Raleigh?
By Michael J. Gaynor, July 30, 2006 --excerpt--
"The Duke rape hoax reeks of politics at its worst. Unfortunately, it is not in the
political interests of Judge Titus, North Carolina Governor Michael F. Easley or
North Carolina Attorney General Roy A,. Cooper III to repudiate what there fellow
white liberal Democrat dependent on a black bloc vote to keep his job (that would
be Mr. Nifong, running in November) has done and plans to do in the case.
Call it North Carolina's own little Axis of Evil: Nifong, Titus, McKissick, Easley and Cooper."
http://www.theconservativevoice.com/article/16539.html
Mayor Bell certainly deserves consideration for the Axis.
The story of McKissick's father, Floyd, Sr. is illustrative of the path the leading
civil rights activist families in Durham have taken over the decades. He attained
notoriety by sending his daughter to Durham High School to integrate it. He later
went on to deliver the black vote for Richard Nixon's 1968 and 1972 elections,
and was rewarded with tens of millions of dollars of Federal monies for the failed
Soul City project.
Richard Nixon graduated from Duke Law School, class of 1937. The Nixon Library
Affair of the early 1980's reflects the state of mind of the university faculty of that period.
http://query.nytimes.com/gst/fullpage.html?res=9C01E0D7133BF937A3575AC0A967948260
http://www.canadafreepress.com/2005/plecnik042105.htm
thanks Ken!
HOW IN THE HELL DOES THE N&O LEAVE KIM ROBERT's OUT OF THIS? WTF? I know, they mention her lawyer, but she should lead this story.
http://www.newsobserver.com/102/story/466217.html
Georgia Goslee comes to mind, too.
RAP CD SONG on Duke Case: . "Fear of a Black Jury."
We can hope that when Nifong calls his guys to the stand, he says,
I'd like to call the Lead Perpatrator,,, um, I mean Invesigator !
Today's stories.
Maybe Sherman would have run
http://www.charlotte.com/mld/observer/news/opinion/15161531.htm
Some see opportunity on sidelines of lacrosse case
http://www.newsobserver.com/1185/story/466217.html
Prostitutes aren't the only whores in Durham.
http://www.newsobserver.com/102/story/466217.html
While West has merely invited reporters to come to him, Victoria Peterson, a woman who has long aspired to be a Durham political player, has charged into the fray, appointing herself a spokeswoman and defender.
When cameras gather, Peterson is there, sharply attired in a summer dress and matching hat. Whether anyone with a press pass wants to listen, Peterson is heard.
"Excuse me, we would like to do a press conference if anybody would like to listen to what some of the African-American women of this community have to say," Peterson said as reporters and TV cameras turned to follow a lawyer downstairs after a June hearing.
Three reporters finally stopped and took notes as Peterson talked about rape statistics in Durham.
Peterson, 52, said she is a watchdog, not a publicity hound.
//
The N & O writer omitted Victoria Peterson's alignment with the NBP.
http://www.newsobserver.com/1185/story/434767.html
Shabazz was flanked by Durham school board member Jacqueline Wagstaff and perennial political candidate Victoria Peterson. A handful of students from N.C. Central University, where the accuser is an honor student, were also in attendance.
http://209.157.64.200/focus/f-chat/1636027/posts
"Victoria Peterson presented statistics that show over 80 rape cases that have occurred in that part of town, with five of them taking place on the campus of Duke. “You talk about the Panthers being dangerous, but this university is a danger to the people of Durham,” she contended.
http://donstott.blogspot.com/2006/05/new-black-panther-party.html
"How do you find the two defendants in this case?" Shabazz shouted.
"Guilty," the crowd shouted back.
About 30 local residents participated, including school board member Jackie Wagstaff and activist Victoria Peterson.
This would be a good point to post on Ruth's or Melanie's blogs to remind them we see it when the NandO forgets full disclosure of who's who...
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