Municipal court judge to decide whether to drop charges against victim of Canton officer's violent outburst & execution threat
by Chad D. Baus
The Canton Repository is reporting that a Municipal Court judge will soon decide whether to dismiss charges against a Brewster man at the center of a concealed-carry controversy.
From the article:
Judge Stephen Belden heard arguments Wednesday over the validity of the evidence and the law at issue in William Bartlett's case.
Bartlett, 52, is charged with stopping in the roadway and carrying a concealed weapon. Police arrested him June 8 after finding him with a concealed handgun during an early morning incident on Newton Avenue NW.
The case gained notoriety after police cruiser video of patrolman Daniel Harless berating and threatening Bartlett went viral on the Internet.
Bartlett has a concealed-carry license but is charged with not promptly telling police of that fact or alerting that he had a gun.
Bartlett maintains that he tried to inform police but was cut off by the screaming officer.
Defense attorney Timothy Bellew argued that the section of Ohio's concealed-carry law requiring prompt notice from a licensee who is stopped by police is unconstitutionally vague and subject to conflict with the requirement for a licensee to follow all lawful orders given by police.
Bellew also asked the judge to throw out evidence in the case, arguing the traffic stop was invalid because it took police about six minutes to approach Bartlett, who was the driver.
Chief Assistant City Prosecutor Jennifer Fitzsimmons opposed both requests.
She said police took a reasonable amount of time because they had to secure a woman and another man at the scene before speaking to Bartlett.
As for the concealed-carry law, the Ohio Supreme Court has declared it constitutional, she said.
Harless was put on administrative leave in June and later went on medical leave.
Earlier this month, The Repository reported that Harless' disciplinary hearing for Harless regarding his violent actions with Bartlett and two other violent outbursts at traffic stops had been postponed until Dec. 1 "at the request of the union, which says the patrolman has been diagnosed with post-traumatic stress disorder." The Canton Police Patrolmen's Association's request for an indefinite extension was denied.
Toward the end of Wednesday's court hearing, The Repository reports that Bellew asked the judge to make prosecutors give him all statements made by Harless and his partner, Mark Diels, to Internal Affairs investigators.
Fitzsimmons told the court that Harless never gave a statement and that Diels' statement could be provided to the court for review.
Chad D. Baus is the Buckeye Firearms Association Vice Chairman.
Related Articles:
Canton officer who threatened to execute concealed handgun license-holder now under investigation for THIRD violent outburst
Canton police officer under investigation after concealed carry arrest [UPDATED]
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