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Residents of the city of
Lima
have been on a wild emotional rollercoaster ride following
the events of January 4 when the Lima Police Department’s
PACE Unit and SWAT teams executed a high risk search warrant
for suspected drug dealer Anthony Terry.
Terry
had been under surveillance by the police for months and had
unknowingly sold illegal drugs to undercover members of the
department on numerous occasions. Each time, he had been
allowed to walk away, back into the lives of his girlfriend,
Tarika Wilson and her six children.
On
January 4, taking Anthony Terry into custody came with a
cost that still rocks the Lima community and forces it to
look directly into the eyes of its own inconsistency.
Shortly
after the drug raid and
Wilson’s
death, Attorney General Marc Dann addressed the
Lima
community and made promises as the state’s chief law
enforcement officer. He promised a thorough report utilizing
the best resources at his disposal. He promised timely
information which would be released to the public, keeping
them in the loop at every exchange of action. He promised
the officer would be treated as any other resident of the
city who would go through the legal system. Having given
those promises, he then asked for patience and understanding
as the investigation continued.
Lima’s
Mayor David Berger released an article written for the local
paper asking the community to hold judgment, giving several
different scenarios that could have led to Sgt. Chavalia’s
“accidental” shooting of Tarika Wilson and her son, Sincere.
He was immediately asked if he had seen the BCI&I report on
the incident. He said he had not.
On
Thursday, March 13, a local television station announced a
grand jury had been assembled and were already hearing
testimony in the case. The public had not been informed; the
station obtained the information through a leak in a judge’s
office.
When
Chief Greg Garlock was questioned, he stated he was only
made aware of the grand jury having been assembled when 20
officers were subpoenaed to testify. On Friday, March 14, at
the close of the business day, special prosecutor Jeffrey
Strausbaugh announced that the findings of the grand jury
would not be announced until the following week.
Since
Friday, January 4, 2008
there has been a steady plea to the community to wait, have
patience and believe the law enforcement system in
Lima
works equally for all residents. The wheels of justice have
been turning at a snail’s pace since then.
Until
Monday, March 17th, 2008,
that is. Eleven weeks after the death of Tarika Wilson and
the shooting of her son, Sincere the case went into
warp-speed. At
10:30
a.m., Special Prosecutor Jeffrey Strausbaugh announced that
Chavalia had been indicted. At 11:00 a.m., Sgt. Joe Chavalia
turned himself in at his attorney’s office. At 11:30 a.m.,
Chavalia was brought into court, charged with negligent
homicide, a first-degree misdemeanor punishable by up to 180
days in jail and a $1,000 fine, and negligent assault, a
third-degree misdemeanor punishable for up to 60 days in
jail and a $500 fine. At 11:34 a.m., court was adjourned,
Chavalia was taken to jail to be photographed and
fingerprinted and eight minutes later he was standing in the
Clerk of Court’s office presenting $5,000 cash bond and was
released. He remains on the city payroll on administrative
leave.
Continuing the momentum it was determined the case would
remain in Common Pleas Court, not turned over to Municipal
Court where other misdemeanor cases are heard. Then Judge
Richard Warren announced he has asked the Supreme Court to
appoint a judge for subsequent hearings. Until another judge
is appointed, the next hearing date cannot be set.
The
media began seeking out leaders of the minority community
for their reaction to the workings of the system. City
Councilman Tommy Pitts says he’s “not surprised. As far as
we’re concerned there were no charges filed. It’s a joke.
But not funny.”
FM Jason
Upthegrove is the president of the Lima NAACP.
“Anytime you can shoot through
a baby, kill an unarmed woman and be charged with two
misdemeanors, it speaks for itself. He’s going to spend
$5,000 to get out of jail, have his pension, stay on a paid
leave of absence. It speaks for itself.”
City Councilman Derry Glenn responded by saying, “We let her
down again. I include myself in that ‘we.’ We let Tarika
down when we didn’t speak up and demand the state appoint a
special prosecutor that was not so close to Lima, when we
allowed the mayor to display his alliance with the police
department and not remain neutral. They know we have not
been strong in the past, and they used that against us,
again. We have not learned to depend on God to take care of
us as long as we do the right thing – we’re too scared
because we gave up our power a long time ago. People are
always telling me, ‘shut up, Derry’ but I will always speak
up for what is right and call people out when they are wrong
no matter who they are and I’m not scared because I know God
is with me.”
The Black Ministerial Alliance has decided to march in
protest stating “We can express our outrage and disapproval
within the confines of the law.” Marchers under the
leadership of Brenda Johnson had been asked to stop their
weekly treks and allow the process to work.
Pastor
B. Monford, Upthegrove and Pitts have said they are asking
the FBI and Justice Department for further investigations of
how the incident and case have been handled.
The
information revealed during the investigation has not been
released as the case moves on. Straugsbaugh says he has no
authority over federal charges or a lawsuit against Chavalia
if either are pursued.
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