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Twenty-three year old man shot dead by police in a marijuana raid
Dayton Daily News ^ | 10/01/02 | Cathy Mong

Posted on 10/01/2002 7:16:59 AM PDT by Phantom Lord

Dozens protest Preble County police shooting

Slain man’s roommates say he was unarmed

EATON | Preble County law-enforcement officials declined to talk publicly Monday as they turned information about Friday's fatal shooting by a police officer of a 23-year-old man over to detectives from the Montgomery County Sheriff's Office.

Montgomery County investigators, called in by Preble County Sheriff Tom Hayes, also said they would not talk about their review of the shooting by a member of a Preble County's emergency services group — officers from a number of police departments who are trained to handle drownings and hostage and other situations.

However, it was anything but quiet outside the Preble County Courthouse, where dozens of friends and relatives picketed and said that police were covering up what happened to Clayton Jacob Helriggle, 23, of 1282 Ohio 503 South.

The protesters disputed police claims that Helriggle had a gun when he descended a stairwell and was shot by a Lewisburg police officer, whose identity has not been released. Friends and relatives on Monday carried blue plastic cups similar to the one they said Helriggle had in his hand Friday night.

Among the protesters were four of Helriggle's roommates, three of whom said they were inside the brick farmhouse when police stormed the house to serve a warrant to search for narcotics.

Maj. Wayne Simpson of the Preble County Sheriff's Office declined to discuss information about what happened Friday night and said a report on the shooting of the Preble County man had not been completed. Preble County Prosecutor Rebecca Ferguson said she sealed the search warrant after the shooting, and had no comment regarding the investigation.

"They're a professional group of officers, that's what their job is, and I'm not going to second-guess them. Whatever (Montgomery County officials) come up with, they come up with," Ferguson said.

Friends called Helriggle "peaceful and nonviolent," but police said the 1997 Twin Valley South High School graduate held a 9 mm handgun, not a blue cup, in his right hand when he descended the dimly lighted stairs. Roommates said Helriggle owned a 9 mm gun, but that it was upstairs when police entered their house.

"It's like we were armed, hardened criminals waiting inside to take them on," said Wes Bradley, 26, who lived in the bottom of the six-bedroom farmhouse with his girlfriend, 22-year-old Tasha Webster.

Bradley said he and Webster were near the kitchen next to the stairs, when officers "broke through the back door with battering rams and started throwing in flash grenades three at a time, to blind us."

The officers wore full body armor and carried shields, he said.

Another roommate, Ian Albert, said he had returned home from the grocery store with Chris Elmore, 24, who remained outside while Albert ran into the house.

"We saw at least two paddy wagon-type vehicles, like a SWAT bus," Elmore said. "About 30 officers stormed out of the woods" surrounding the farmhouse. "They'd cut the barbed wire, and you could see a staging area, like where 25 to 30 uniformed cops had been lying down and slithered along the grass."

Officers ordered Elmore to get on the ground, and he said he heard three pops, which he said could have been the flash grenades and gunshot.

"I yelled 'Nobody's armed,' and they told me, 'Shut up, shut up.' ”

Elmore described the action "like a movie, in slow motion."

Inside, Albert said, the police threw him against the staircase, "with my head on the second step up. I wanted to yell at Clay, but I looked up and saw him, rounding the stairway, and he had this look on his face, like, 'What's going on?' and the cops yelled, 'Get down' and then 'boom.' ”

Albert, who completed four months of Navy Seal training, said he reached up for Helriggle, "and I tried to apply pressure," he said, placing his left palm on his right chest, where Helriggle was struck by the gunshot.

"He died in my arms," he said. "It took about two minutes."

Albert said he was placed in a sheriff's car, and Helriggle's parents arrived.

"They saw me, drenched in Clay's blood, and they ask me, 'Is he all right?' and I just shook my head. The cops are smoking and joking, high-fiving each other. Wow, I think, they took down a farm of unarmed hippies.

"If they would have come to the door and said, 'Give us your dope, hippies,' we'd have gotten about a $100 ticket."

Police said they confiscated a small amount of marijuana, pills, drug paraphernalia and quantities of packaging items used in the distribution of marijuana.

The four roommates said they smoke marijuana from time to time and that they had marijuana pipes in the house. Bradley said he had a prescription for Fiorocet, a codeinelike painkiller, for a bad knee. They said the packaging police referred to was a box of plastic sandwich bags.

Webster said there was nothing in the house "that a good divorce lawyer couldn't have gotten us out on a misdemeanor," and said an old shotgun and a .22-caliber rifle found there were used for hunting.

"We target-practiced outside all the time, shot at bales of hay, jugs, that sort of thing," Webster said.

Bradley and Webster said Helriggle took a nap around 5 p.m. and had made plans to meet his girlfriend later.

"I'm not sure if he woke up from the bashing on the door or what," Bradley said.

All four said they were not read their rights or told what charges were filed against them. They were released from the Preble County Jail around 1:30 a.m. Saturday. No criminal charges have been filed.

Nancy Fahrenholz, the daughter of Everett "Bill" Fahrenholz, an attorney and former country prosecutor, hugged Bradley on Monday at the courthouse. Helriggle and five roommates rented the house from the Fahrenholzes.

"I'm so sorry," said Fahrenholz, a Rhode Island resident in the area to finish up the estate of her father, Bill Fahrenholz, who died a month ago.

"(Dad) would have been furious at this," she said. "We're all very distressed."

She said Helriggle "was a really nice guy," and that her family was pleased with the five young people's work on rehabilitating the farmhouse.

Helriggle's 77-year-old grandfather, Donald, a Miamisburg resident and Ohio Bell retiree, said his grandson rented the farmhouse "so they could play their instruments, listen to their music and drink a little beer. . . . They just wanted to be doing what 23-year-olds do."


TOPICS: Government; News/Current Events; US: Ohio
KEYWORDS: 762mmbuzz; anotherwodsuccess; blindcops; bspressrelease; c4onthedoor; choiceobeyorpay; dontbogartthatmp5; doperbitesdust; doperwhinefest; druggestapo; druggiemeetdarwin; drugsbaddopersworse; ernestisafool; genepoolcleaner; governmentkilling; gubmintextremists; hippiedoperjustice; jackbootedthug; liberdopiansagain; libertarians; mj; obeythelaworpay; onemanwaco; osaycanyouthc; police; potsmokingnerd; shooting; spiketraps; sssssssmokin; statistgoonsalert; swat; thelawisthelaw; theweedsofstupidity; tookbongtogunfite; wackyterbacky; whineyhineydrugies; wod; wodcirclejerk; wodlist
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To: Hemingway's Ghost
If it's a member of the protected class' son or daughter, none of this long arm of the law stuff would ever happen.

Of course not. Their offspring are MUCH more important than the rest of the citizenry, and need not obey the same laws we do...

201 posted on 10/01/2002 12:16:09 PM PDT by FormerLurker
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To: Cooter
Does anyone know why the search warrant was sealed?

One can only guess, but I will start
CYA
coverup
Get all their Ducks in a row
After the fact alteration
Gun Plant
Drug plant

take your choice this whole thing stinks Like Roscoe's rhetoric.
202 posted on 10/01/2002 12:42:39 PM PDT by vin-one
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To: Phantom Lord
Another battle won in the War on Drugs.
203 posted on 10/01/2002 12:45:08 PM PDT by ForOurFuture
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To: Willie Green
Both you and Buchanan live in a dream world with regard to drugs, willy.
I can understand Pats hypocrisy, -- being a politican, he must pay lip service to that position for the money, if nothing else. You however, should have no such rationale for your deliberate blindness. - A sad case.


204 posted on 10/01/2002 12:46:15 PM PDT by tpaine
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To: vin-one
What consistently stuns me in these cases is that cops have an automatic "get out of jail free/get away with murder" card. All they have to say is, "I'm sorry, I thought he had a gun." Amadou Diallou? "I'm sorry, I thought he had a gun" That guy whose face they blew off in Maryland? "I'm sorry, I thought he had a gun." This new one? "I'm sorry, I thought he had a gun." And that's all it takes. As long as the cop simply says, "I thought he had a gun," he's essentially allowed to shoot anyone he wants. Or there's the variant, "I thought I was in imminent danger." That's the one they used in L.A. when they shot a 55 year old homeless woman with mental problems who was standing 20 feet away with a screwdriver in her hand.
205 posted on 10/01/2002 12:51:03 PM PDT by Heyworth
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To: Willie Green
Hey! Cool nick! Now we know where the blimpo-lesbo talk show host gets her lunatic ideas!

That's right! I'm stationed here for your entertainment! After all, someone's got to keep you entertained between those erotic fantasies you keep having in which big macho cops are executing the objects of your hate.

206 posted on 10/01/2002 12:54:11 PM PDT by Orbiting_Rosie's_Head
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To: ForOurFuture
Another battle won in the War on Drugs.

One down, 11,999,999 to go.

207 posted on 10/01/2002 12:54:52 PM PDT by MrLeRoy
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To: Roscoe
It held that the Lopez standard does NOT apply to illicit drugs.

. . . based on their understanding or finding of what constitutes commerce. For the last time, what constitutes commerce is at issue here, Roscoe---nothing else. I'm not arguing the fact that the federal government has the authority to regulate interstate commerce.

God, please tell me you don't practice law for a living.


208 posted on 10/01/2002 12:58:23 PM PDT by Hemingway's Ghost
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To: PaxMacian
TELL ME! Oh Bible Scholar, do the scriptures tell you it is O.K. to break down the door of your neighbor and shoot him dead because he enjoys the gifts and rights which God gave to him?

No, they do not.

However, they DO give government the authority to punish "evil doers" (those who violate the laws of the land, assuming such laws do not contradict God's laws).

Understand that it is very unfortunate that a young man was killed, but had he been doing what is right, i.e., obeying the law and staying away from known drug hangouts, he would still be alive today.

209 posted on 10/01/2002 1:00:46 PM PDT by A2J
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To: Hemingway's Ghost
God, please tell me you don't practice law for a living.
no but he plays one on T.V.
210 posted on 10/01/2002 1:01:11 PM PDT by vin-one
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To: Hemingway's Ghost
For the last time, what constitutes commerce is at issue here, Roscoe---nothing else.

And the libertarians who endlessly wail that guns can be outlawed unless we legalize illicit drugs have been proved wrong. Again.

211 posted on 10/01/2002 1:01:25 PM PDT by Roscoe
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To: putupon
The cop who pulled the trigger killed the perp and his LEO pals were just congratulating him for making the world a safer place in the form of high fives and smokes.

And those officers should be severely punished for publicly displaying such a non-chalant attitude over the death of a person, especially one who did not, as far as we know, threaten them.

212 posted on 10/01/2002 1:03:00 PM PDT by A2J
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To: Heyworth
What can I say it happens all the time, and every now and then a bad one gets prosecuted.
Most of the time they do very well in covering it up,
hopefully this time the people take notice, and hold this JBT's feet to the fire.
213 posted on 10/01/2002 1:03:01 PM PDT by vin-one
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To: Roscoe
And the libertarians who endlessly wail that guns can be outlawed unless we legalize illicit drugs have been proved wrong. Again.

More misdirection. The issue here is what constitutes commerce, not that guns = drugs. And I'm not a Libertarian, thanks.


214 posted on 10/01/2002 1:05:42 PM PDT by Hemingway's Ghost
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To: A2J
RE:those who violate the laws of the land, 'assuming' such laws do not contradict God's laws

Your assumption is in this case incorrect.

GOD MADE HERB
GOD SAW THAT IT WAS GOOD
GOD GAVE IT TO MAN

Genesis 1:11
Then God said, "Let the earth bring forth grass, the herb that yields seed, and the fruit tree that yields fruit according to its kind, whose seed is in itself, on the earth"; and it was so.

Genesis 1:12
And the earth brought forth grass, the herb that yields seed according to its kind, and the tree that yields fruit, whose seed is in itself according to its kind. And God saw that it was good.

Genesis 1:29
And God said, "See, I have given you every herb that yields seed which is on the face of all the earth, and every tree whose fruit yields seed; to you it shall be for meat.

Nowhere in God's law does it say don't use herb!
215 posted on 10/01/2002 1:11:40 PM PDT by PaxMacian
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To: Hemingway's Ghost
The issue here is what constitutes commerce, not that guns = drugs.

Billions of dollars worth of drug contraband flow across our state and national borders.

Drawing a false equivalence between illicit drugs and the right to keep and bear arms is one of the most hoary cliches of libertarianism and its fellow travelers.

216 posted on 10/01/2002 1:15:50 PM PDT by Roscoe
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To: Roscoe
The issue here is what constitutes commerce, not that guns = drugs.

Drawing a false equivalence between illicit drugs and the right to keep and bear arms

Mercy, but you're stupid.

217 posted on 10/01/2002 1:25:20 PM PDT by MrLeRoy
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To: MrLeRoy
Mercy, but you're stupid.

Drawing a false equivalence between illicit drugs and the right to keep and bear arms is one of the most hoary cliches of libertarianism and its fellow travelers.

218 posted on 10/01/2002 1:26:35 PM PDT by Roscoe
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To: Roscoe
Nope, all we hear is more of roscoes endless wail that anything can be prohibited for the good of society.
It's the cry of an authoritarian socialist, masquerading as a conservative.
219 posted on 10/01/2002 1:26:49 PM PDT by tpaine
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To: tpaine
Legal restrictions on marijuana and other illicit drugs exist at the federal level and in all fifty states. America is a nation of law, much to the consternation of anarchists in all of their various guises.
220 posted on 10/01/2002 1:30:11 PM PDT by Roscoe
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