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Pevely’s Side of Cop Beating Suit

12 Nov

I wrote here about a lawsuit filed against the Pevely police over alleged excessive force. The incident was from November 2016 and the suit was filed in January 2017. In it, a man (Robert Golden Jr) alleges he was beaten by Pevely police at a traffic stop for no good reason.

Having acquired the Pevely and Herculaneum police reports on this incident, I can provide the other side of the story. First, I stated in the previous post that dashcam video should be useful in adjudicating this claim. However, the police vehicle used in this incident (an unmarked one) does not have a dash camera. Several other Pevely cars also do not. The department is looking to phase out dash cameras and switch to body cameras for officers.

As the officers tell the story, Golden’s vehicle drew their attention because one of them recognized it from a brief high-speed chase a few months previously. The vehicle is distinctive in that it is a Chevy truck with a lift kit (as preferred by Florida-Georgia Line) and LED brow lighting. The officers turned to follow the vehicle and claimed that it crossed the center line four times and began to drive very slowly (35 in a 45). Golden states that he slowed down to let the close-following vehicle pass him. A stop was initiated.

Golden pulled over, but says that since he saw nothing indicating the people behind him were police, and he saw their guns drawn, he took off again. Pevely police indicate they were in an unmarked car equipped with lights and a siren that has been used for traffic stops in the past without incident. The police were also wearing plain clothes, as they were working that night on a Minor in Possession grant looking for underage drinkers. The police make no mention of their guns being drawn.

The officers state that Golden took off at high speed and continued to swerve. He proceeded into Herculaneum, where a Herky officer was waiting with lights flashing. Golden says he pulled over to seek assistance, but the Pevely officers say he pulled over abruptly in a way that had his vehicle pointing at the Herky car’s driver door, giving Golden “a distinct tactical advantage” and creating a “very grave and dangerous situation.” As such, the Herky officer drew his gun, a fact agreed to by all, and Pevely police initiated a “dynamic approach” to the vehicle.

Pevely police claim that Golden refused to exit the vehicle, so they yanked him down from his lifted cab to the ground and he sustained an abrasion on his cheek (this is the only injury visible on booking photos). They say he would not put his hands behind his back, so they forcibly pulled them back and cuffed him. This included an officer placing a knee in his back and placing a gun against his head, at which time his resistance stopped. [This is when Golden alleged that other abuse, including kicks and head slams into the ground, occurred.] Meanwhile other officers broke the passenger window after orders to open it were ignored, opened the door themselves, and removed three passengers without incident.

Two minor charges were all that Pevely filed as a result of this incident:

  • Failed to maintain a single lane of traffic
  • Failed to yield to emergency vehicle
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Quick Reaction to Desoto Shakeup

25 Oct

Huge news in Desoto, where the school district is already reeling, facing a state audit after a questionable firing of a principal and having two recent resignations from the school board. Now the city is looking for two top officials, as the police chief, Rick Draper, resigned Friday and the city manager, David Dews, was fired on Monday. Dews was, incidentally, appointed last month to fill one of the school board seats.

It sounds like Draper’s unhappiness was due to low pay for city police officers, and apparently the city was not interested in giving cops the pay the chief requested for them. Now Draper is going to go work at the Mahn Funeral Home and run for city council, he told the Leader. The city won’t say why Dews was fired.

Here are some of my thoughts:

  • The city needs to tell us why they fired Dews. They can’t hide behind “personnel decisions.” That is often used as a fig leaf to be secretive when it is not necessary. If you are going to fire your top administrator, you have to say why. Given everything we have seen around here lately, we have to ask: was there wrongdoing? Or was this just a power play?
  • Now is not the time to be approving any tax hikes from the city or the school district, if they are going to run things this way. The city will be asking for a 1/2-cent sales tax hike for parks next April.
  • Maybe the intrepid parents of the school district who did such a great job collecting signatures for the state audit of the district should have another go round and get an audit of the city. They could go around to all the same people who signed the initial petition and have them sign again.
  • Perhaps we have a job opening here that is good enough for (Whinin’) Ken Waller, the outgoing (in 2018) county executive who sued the county asking for more salary. Dews was making over $111,000 as city manager, which seems quite excessive for a city of 6,500 people. Waller is only making about $81,000 now as exec, and we know he was unhappy with that paltry sum. He tried to get the Festus city administrator job in April, but was unsuccessful.

Roorda to Run For County Exec

6 Oct

Before I begin, I thought I would point out that Jeff Roorda has been blocked on Wikipedia for trying to edit his own page to make himself look better.

One might have thought that after losing two elections in a row in rightward-moving Jefferson County (2014 and 2016), Jeff Roorda’s political career was over (at least as a Democrat). But Roorda, a former state representative and current business manager for the St. Louis Police Union, has decided to give it another shot, this time with a run for county executive in 2018.

Roorda is in an odd position. He has spent the last three years focused entirely on St. Louis issues, but wants to lead Jefferson County. He has also spent the last three years stoking divisions, but claims he can work with the county council in a harmonious manner. His ability to stir up controversy is rewarded with book sales and CNN appearances, but it is not useful in governing.

In the Leader this week, Roorda mentions the current “bitter fighting” that takes places between the council and the current executive, Ken Waller, who is not seeking another term (at least not in that position). He is right about that. But would Roorda be better? Waller at least put on a genial face in public (which has been enough to fool the Leader) while carrying out his skullduggery behind closed doors. But Roorda is open with his harsh remarks and aggressive behavior. I don’t see how that will bring about good relationships.

Loyal Democrat

In an interview with former House speaker Tim Jones on 97.1 FM, Roorda said that the Democratic party has gone too far with this Black Lives Matter stuff and become what he considers to be anti-police. He says that Barack Obama and Hillary Clinton hurt JeffCo Democrats because of this, and that this issue is what gave Donald Trump the victory last year.

Since protecting police from any scrutiny or oversight is his main issue, I was expecting Roorda to come out and endorse Trump in the last election, but he did not. He refused to endorse Clinton in a Leader candidate questionnaire. I was even thinking that Roorda might opportunistically try to switch parties. He regularly runs as a conservative, pro-life, pro-gun candidate. I thought he might go with the JeffCo flow and try to increase his chances of victory with a switch to the GOP, but he has not done so.

Negativity

Roorda claims to be friends with his presumable GOP opponent in the race, recently-resigned state House representative John McCaherty, and says the race will be clean and issue-based. But given Roorda’s history of harsh attacks and questionable claims, I don’t think that will last.

Wild Card

Roorda is disliked by many in the city, particularly on the left, for his various controversial actions. He has said that if he wins this race he will resign from the police union. Therefore, many in the city will be pulling for him to win in order to be rid of him. But will that turn into concrete support, given in a way that won’t alienate JeffCo voters?

Pevely Cops Facing Three Lawsuits

20 Aug

The Pevely police force has had some issues recently, included accusations of policing for profit and carrying out quotas enacted by the former mayor, “losing” a bunch of city gun money, and just this week being accused of letting an incompetent repo man get away after he damaged a car he wasn’t entitled to repossess (the PD posted and then deleted some comments on the linked Facebook thread). But the city is now facing a lawsuit in an excessive force case, the Leader reported last week, as well as two suits regarding a deadly police chase.

The excessive force lawsuit (full text here) accuses three cops of beating up Robert Golden Jr. after pulling him over in November 2016. The suit says they pulled him over for no reason in an unmarked car on Highway 61 and emerged with guns drawn. Golden, seeing no indication the men with guns were actual officers, drove away and continued on until he saw a Herculaneum officer and then stopped. The Pevely cops pulled up and allegedly immediately began whaling on him and forced him to say “I’m a pussy” several times. Golden was then taken to jail. Nothing illegal was found on him. He was given citations for “Failure to Yield to Emergency Vehicle” and “Failure to Maintain a Single Lane of Traffic.” After being released, Golden went to the hospital for treatment.

Notably, one of the accused in this suit is Tony Moutray, the acting chief of police since October (right before the beating took place). Recently, the city decided to accept applications for a new permanent chief, but some expressed dismay that Moutray was not simply handed the job. Steve Markus and Don Menkhus, who I consider to be the good old boy faction on the council, voted against seeking outside applicants, as did John Norton.

It seems like this suit should be pretty easy to decide  – just look at the dashboard camera footage. It will tell us if anything warranted such rough conduct by the police (and to what extent they actually beat him). If there is no such footage, we have reason to be suspicious. The suit alleges that Moutray yelled out “make sure your cameras are off” to his fellow cops during the beatdown. Many times have we seen rogue cops allege that there just happened to be a malfunction with their camera, or they forgot to turn it on, when alleged misconduct occurred.

Police Chase Suit

Two separate lawsuits arise out of a police chase in 2014 in which two Pevely cops and two Missouri Highway patrolmen engaged in high-speed pursuit with a car that ended up crashing, killing three occupants. It seems that speeding was the only offense the driver of the fleeing car was suspected of, but the cops still pursued him at up to 125 mph and deployed several spike strips. The question is whether all of this dangerous chasing was justified given the minor offense the police were interested in.

The common thread that connects all three of these suits is two officers who are named as defendants in each one: Kyle Weiss and Brian Benjamin. I know Pevely doesn’t have that many police, but to have the same officers accused in each suit would seem to suggest a problem.

Weiss previously got in trouble for releasing non-public information about the (now deceased) son of Pevely regime critic Dave Bewig onto Facebook in August 2014, which is a class A misdemeanor that JeffCo Prosecutor Forrest (Wrist Slap) Wegge apparently chose not to prosecute.

Despite all these issues, Weiss was hired on by the Arnold Police a few months ago. I don’t know what the circumstances of his departure from Pevely were.

Byrnes Mill City Admin Moves On

11 Jul

The Byrnes Mill city administrator, Larry Perney, was hired by Manchester as their city administrator and took over that job back in April, reports the Post-Dispatch.

Manchester must be one of those places where they don’t have Google. Surely, if they had known what a mess Byrnes Mill is, they wouldn’t have hired someone from Byrnes Mill to run their city, right? Right? Perney was named in a lawsuit against the city in 2014:

A former police chief says he lost his job because he reported “fixed” traffic tickets and falsified court documents to a prosecutor and elected officials, and alleges he was ordered to enforce ticket quotas.

The suit was settled for a relatively small amount of money in 2015. The Post-Dispatch noted that:

Byrnes Mill, a northwestern Jefferson County town of about 2,800 along Highway 30, has long held a reputation as a speed trap with tough enforcement of traffic laws.

Byrnes Mill cried hard against SB 5 two years ago, which limited the amount of money cities could reap from traffic tickets. This law forced Byrnes Mill to cut back on ticketing and lower its traffic fines. The city has had lots of trouble with its police department in recent years, with chiefs being fired and officers going to jail. Mike Smith, the chief who filed the aforementioned lawsuit, is under federal indictment for stealing in the line of duty.

New Administrator

Byrnes Mill, recently rejected by voters in its attempt to enact three tax hikes, has decided to give its city clerk, Debbie LaVenture, the additional duties of the city administrator. While I can applaud the idea of cutting the payroll of a city government, I wonder about Byrnes Mill not wanting to bring in outside eyes. I look at the recent theft case at the Grandview school district, which by many accounts resulted from giving too much unchecked power to one person. The BM city council does not appear to be all that interested in oversight, judging from events of the past few years, just like the Grandview and Fox school boards were not paying attention leading up to their scandals. Continue to keep an eye on Byrnes Mill, especially at election time, because they will probably try again to raise taxes.

April 4 Ballot Chock Full ‘O Taxes

19 Mar

April 15 is usually thought of as tax day, since that’s the deadline for filing your federal income taxes. But tax day in Jefferson County might come 11 days early this year. There are many tax proposals on the municipal election ballot. Obviously, each of these taxes only pertains to people living within the boundaries of the listed political entity. Let’s take a look at the proposals:

We will start with Byrnes Mill, which is swinging for the fences with three tax increases, one property tax hike of 40 cents per $100 valuation and two half-cent sales taxes.

byrnestax

Byrnes Mill’s current tax rates are as follows:

  • Property tax:
    • 40.35 cents per $100  – so they want to DOUBLE it. If passed, Byrnes Mill would go from second lowest to second highest property tax among cities in the county, behind Pevely’s 88.77 cents.
  • Sales tax:
    • 8.35% – total sales tax (including state, county, ambulance district, etc). If Props R and I both pass, Byrnes Mill would have the highest total sales tax rate in the county outside of a special taxing district (CID, TDD).

Byrnes Mill makes its case for the tax hikes here. The property tax is intended for police, and requires 2/3 approval to pass (this could be intended to make up for lost traffic ticket revenue thanks to SB5).

Jefferson County Library

The library is requesting a 8 cent increase in its 20 cents/$100 property tax. The library makes it case here. Districts like to forecast dire scenarios if tax proposals fail, and the library does that here, stating that one of its three locations could need to close in 5 years.

Windsor School District

This is one of those “no new tax” bond issues that keeps the tax levy the same, but extends it for additional years in the future, in this case 8 years for a $14.75 million bond issue. The district makes it case for the proposition here. The Leader reports that Windsor voters passed bond issues in 1998, 2001, 2006, and 2011.

Hillsboro School District

Another “no new tax” bond issue, this one for $12 million. Here is their campaign literature. Bond issues require a 4/7 majority for approval.

Festus School District

Festus is looking to convert 35 cents/$100 of debt service levy (which has an expiration date) to operating levy (which is permanent). Festus’ overall property tax rate, lowest among JeffCo school districts, would remain at $3.7407/$100 valuation. Plans for the tax proceeds are found here. Festus did something very similar just two years ago (page 3); it passed by a wide margin.

Rockwood and Meramec school districts, which cover small pieces of JeffCo, also have “no new tax” bond measures on the ballot for $95 million and $11.75 million, respectively. Rockwood voters passed a $68 million no tax bond issue just two years ago.

Festus Fireworks

Increase the business license fee on sellers of fireworks and firecrackers from one hundred and forty dollars ($140.00) plus three percent (3%) of the gross receipts to one thousand, five hundred dollars ($1,500)?

$1,500 minus $140 equals $1,360. By my calculations, $1,360 is 3% of $45,333. So if a fireworks stand in Festus brings in less than that amount, this is an increase in cost. It could just be a simplification rather than a revenue raiser.

Rock Fire

I talked about this a bit here. Rock Fire wants to increase its property tax by 50 cents/$100 valuation. Rock Fire’s current levy is 76.32 cents per $100, so this is a large increase. Rock Fire has the 10th lowest tax levy of 14 JeffCo fire districts (though Rock also has a sales tax); if this measure passes Rock would be 3rd highest. Rock Fire is pushing this really hard through mailers and door-to-door visits by firefighters. Here is their Facebook page, and here is the letter the chief sent out. A Facebook page called Whole Truth is examining with a critical eye Rock Fire’s claims that it needs more revenue.

Saline Valley Fire

Saline is asking for a 25 cents per $100 valuation increase in its property tax. Saline already has by far the highest property tax among fire districts in the county, at $1.575 per $100. The next highest is Cedar Hill Fire at $1.3826, and the majority of JeffCo fire districts levy less than $1. Saline does not have a sales tax, however.(Note: Saline Valley is the product of the merger of two fire districts. In 2008, by a simple majority, voters approved this merger. I think we need to see some more mergers). I was unable to find any campaign materials for this tax online.

I have not mentioned all of the local Proposition V listings on the ballot. These props, which every entity in the county is trying to pass, allows them to keep collecting sales taxes on private and out-of-state vehicle purchases. All Prop V votes to date in the county have passed.

Low Turnout, High Taxes

By my count, there are 13 tax proposals on county ballots this year, not counting Prop V. In 2015 there were 15 tax props, 12 of which were successful. In 2016 four of six were successful. Republicans have taken over most county elected offices, but in the nonpartisan local districts, tax hikes are still being requested quite frequently.

Turnout for the last two April elections was about 15%. In addition to these tax measures, city council, school board, and fire/ambulance board seats get filled in April. The candidates that get elected are the ones that put these taxes on the ballot. With the low turnout, it is city employees, teachers, firemen, and paramedics who make the difference in these races with their endorsements and their votes. Then you end up in a situation where the pocketbooks of residents are a secondary priority. With all these tax votes, as well as school board elections in two districts (Fox and Grandview) where employees have been investigated by the FBI for wrongdoing, it behooves JeffCo residents to go vote on April 4.

Roorda Embattled as Cop Union Manager

19 Feb

Having been knocked out of the political game due to Jefferson County’s rapid shift from a blue to a red county, Jeff Roorda is now facing heavy criticism in his role as business manager for the St. Louis Police Officers Association (SLPOA), where he is the de facto spokesman for metro area police and the go-to guy for cable news shows looking for a controversial commentator. Post-Dispatch columnist Tony Messenger puts it starkly in this latest column: The Fire Roorda bandwagon grows — St. Louis cops deserve a better voice.

The latest round of criticism of Roorda includes the mayoral candidate that was endorsed by SLPOA, Lyda Krewson, calling on the union to fire him. Criticism of Roorda has been heavy since the Michael Brown incident in Ferguson, an event which Roorda parlayed into two books and countless cable news appearances, during which he aims not for common ground but for provocation (this is probably why he keeps getting invited back). This role, which I imagine many in Jefferson County support, did not help him overcome the local GOP wave, as he lost a state Senate race in 2014 and a Jefferson County council race in 2016.

Krewson’s call and Messenger’s column were prompted by this Facebook post by Roorda about St. Louis mayor candidate Tishaura Jones (who is currently second to Krewson in the polls):

roorda-post-tishaura

Krewson, the only white candidate in the race with a shot to win, is late to the game among those running for mayor in denouncing Roorda. He was a major topic at a late January mayoral debate, where Krewson was booed after she denounced Roorda’s various comments but would not call for his firing (which she now has).

The primary election is on March 7, and the Democrat nominee will be rubber-stamped to victory on April 4. Will Roorda last that long in his current job?

roorda-cooper

I love this photo.

Shoving Suit

Roorda has a problem on another front as well. He is being sued over a 2015 incident at a packed, heated St. Louis board of aldermen committee hearing when he allegedly shoved a female as he made his way to the front of the room (see video, which is open to interpretation, at the above link). The plaintiff is asking for $500,000.

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