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Temporary Emergency License system in need of attention
Submitted by cbaus on Sat, 08/14/2004 - 07:32.August 12, 2004
Akron Beacon Journal
Convicted Akron felon released on technicality
Victim fears for life after Appeals Court decision
An Akron man's assault conviction was thrown out on a technicality Wednesday, giving him his freedom and putting his victim in fear for his life.
In its decision, the 9th District Court of Appeals ruled that Summit County prosecutors failed to prove a fundamental aspect of criminal law: identifying where the crime occurred.
The decision frees 26-year-old Stanley J. Myers Jr. from serving the rest of his three-year prison sentence for felonious assault against his uncle.
The uncle, Ted Myers of North Canton, said he fears for his life with his nephew's looming release. He said a dispute with his brother and two nephews -- one of whom is Stanley Myers -- remains unresolved.
"Am I afraid? Absolutely I'm afraid. They promised they would put me in a grave, and now they may have the chance,'' Ted Myers said. "There's no doubt in my mind. I'm a dead man.''
Commentary:
When House Bill 12 was passed into law, the legislature's intent was to have replaced Ohio's flawed affirmative defense system (which rendered persons who carried firearms for self-defense guilty until they could prove themselves innocent) with a legal method to bear arms for self-defense that could be exercised almost immediately. As soon as a person realizes they are in danger, the legislature intended to have provided them with a legal method of bearing arms for self-defense - the temporary emergency license (TEL).
Almost immediately, several sheriffs throughout the state of Ohio began sharing their personal disdain for the new law by refusing to issue the licenses. One Franklin Co. resident, who has been victimized by a window peeker/ stalker, has sued that county's sheriff after being told that her reasons were not good enough. The Ohio Supreme Court has agreed to consider arguments on her case.
The intent of the General Assembly was that victims in Ohio do not have to divulge specific, embarrassing details of their victimization, and do not have to submit to the intimidation of a discretionary process to exercise self defense.
No rape victim should have to sit down in front of a strange man in a sheriff's office to describe her trauma in order to be able to obtain a legal means of protecting herself. No victim of assault, upon learning that his attacker has been release from prison, should have to wait three days for a sheriff to approve his "emergency" license, or to be denied, again, because his reason isn't good enough. The General Assembly did not give sheriffs discretion in this matter - if the applicant qualifies, the law says they SHALL be issued a TEL immediately.
OFCC has learned that very few people in Ohio have been able to take advantage of the TEL opportunity in the first 90 days (details to follow). This is wrong, and if certain sheriffs refuse to fix it, we must again petition our legislators to do so.
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And they say criminals aren't smart enough to profile their victims...
Submitted by cbaus on Sat, 08/14/2004 - 06:38.August 14, 2004
Dayton Daily News
Casino winner followed, robbed
BEAVERCREEK | Police said they think a man who snatched a woman's purse Tuesday followed her from the Argosy Casino after she had won several thousand dollars, Beavercreek Sgt. Jim Wuebben said.
The robber's image was captured on surveillance tape from the Lawrenceburg, Ind., casino where the woman gambled the previous night.
Police believe the robber followed her to King Edward Drive, knocked her to the ground and snatched her purse when she got out of her car about 8:20 a.m., then fled in a cream-colored Mitsubishi SUV, Wuebben said. Anyone with information is asked to call police at 426-1225.
Arrests made in ambush and murder of CHL-holder Bill Singleton
Submitted by cbaus on Sat, 08/14/2004 - 06:25.August 14, 2004
Cleveland Plain Dealer
Three arrested in shooting death of Cleveland store owner
Proprietor was killed in robbery attempt
Police arrested a 19-year-old and two 17-year-olds on Friday in the shooting death of a popular Collinwood store owner.
Cleveland Police Commander Edward Tomba said tips from the neighborhood led detectives to arrest Arnold Shorter, 19, and the two juveniles on Friday at a house on East 148th Street.
Shorter also was wanted on charges of receiving stolen property and escaping from police custody, Tomba said. He would not release the names of the juveniles. All three are expected to be charged next week after police meet with prosecutors.
William Singleton, 59, exchanged gunfire early Aug. 3 with one of a group of would-be robbers, police said.
Singleton, owner of United Check Cashing, was shot in the chest moments after he arrived to open the Lake Shore Boulevard shop near East 156th Street.
He was legally armed and shot Rhyan Ikner, 17, in the head, police said. Ikner also died in the exchange.
Ward 11 Councilman Mike Polensek said he has set up a memorial fund at the Sky Bank branch on East 185th Street that will go to Singleton's widow, Alice, who lives in Solon.
Singleton's store is in Polensek's ward.
Polensek said Singleton "was a wonderful, decent man trying to better the neighborhood. Every improvement to the area, every new business that moves here, will be dedicated in his honor. We won't forget him."
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