Monroe family files wrongful death suit
Suit alleges ‘failure of reasonable
care’ in police-involved shooting
MICHELLE BATES, Editor
The
family of Bernard Monroe Sr. has filed a wrongful death suit in the wake of the
Claiborne Parish Grand Jury’s decision on February 4 not to indict the former
Homer Police Officers involved in his death.
Monroe, 73, was shot and killed by former Homer Police Officer
Tim Cox on Friday, February 20, 2009, in his front yard. He and former officer
Joseph Henry were chasing Monroe’s son, Shaun Monroe, which ended in his
father’s front yard. According to police, Monroe allegedly engaged the two
officers with a loaded handgun when he was shot. Witnesses at the scene have
said he did not have a gun, but rather a sports drink bottle.
According
to Louisiana State Police, a handgun was recovered at the scene near Monroe’s body and sent off to the ATF (Alcohol, Tobacco and Firearms), which traced the
gun back to its origin.
The
grand jury handed down a no true bill, which means they did not find enough
evidence to indict Cox on any criminal charges.
The
civil suit was filed against the Town of Homer, Tim Cox and Joseph Henry, in
their official capacity and individually.
The
plaintiffs are the family of Monroe, including Louise M. Monroe, his wife,
Stephanie Bell, his daughter, Shaun Monroe, Bernard Monroe Jr., and Gerald
Monroe, all of his sons.
According
to Morris Dees, attorney for the Monroe family, the suit was filed against the
town and the officers because “the officers were employed by the City of Homer
and the City is liable when they, acting in the scope of their employment, fail
to exercise reasonable care in the performance of their duties,” as stated in
an email to The Guardian-Journal.
The
officers were sued individually, he stated, because “of the actions they took
that resulted in the death of Mr. Monroe.” Dees also made it clear that
although it is premature to discuss the collection of a judgment, the Monroes will “pursue all legal avenues against all defendants should the jury rule in
their favor.”
The
suit alleges that both Henry and Cox, “unlawfully and without just cause,
entered the Monroe’s home in pursuit of the deceased’s son, Shaun Monroe, who
had committed no offense in their presence and was not wanted for any crime.”
It goes on to say that Monroe was shot multiple times in his chest and body by
Cox, who “unlawfully and repeatedly fired his gun through the screen door at
Bernard Monroe Sr., while he was standing harmlessly on his own front porch.”
The
suit is seeking damages for the emotional distress caused by the defendants,
“including Lejeune claims.” The term “Lejeune,” according to Dees, is a French
legal term meaning “claims for emotional distress and other damages relating to
the death of a loved one and include witnessing a loved one seriously injured
and/or dying.”
“It is
a legal technical term that is required to be in a complaint of this nature,” Dees said. “The actual damage claims are set out in the complaint.”
The Monroe family, in the suit, is also seeking damages for mental anguish, pain and
suffering, loss of financial and emotional support, loss of society, loss of
consortium, loss of love and affection, loss of services, and funeral expenses.
“The Monroe family hopes to be financially compensated according to Louisiana law for the loss
of Mr. Monroe,” Dees said. “Also, they hope their lawsuit results in systemic
changes in the Homer Police Department that will prevent a similar incident
from occurring in the future.”
The
discovery phase will begin now that the suit has been filed. According to Dees, this process is expected to last approximately six to nine months. This will involve
taking depositions and getting documents, he said.
Jim
Colvin, attorney for the Town of Homer, said, “The Town of Homer has just
received a copy of the petition filed in this matter. We have not been privy to
the state police investigative report, so the town does not have a comment
regarding the specifics of the case, except to say that we will be vigorously
defending the town’s interest going forward.”
The
town attorney is representing the town, which includes Cox and Henry because
they were working for the town at the time.
Due to
the nature of the suit, Homer Police Chief Russell Mills, Cox and Henry have
declined comment at Colvin’s advisement.
At this
point in time, attempts to obtain a copy of state police findings from the
Louisiana Attorney General’s Office in the case have been unsuccessful.
Food Stamp Office in danger of closing?
MICHELLE BATES, Editor
It has
been reported that the Food Stamp Office in Homer will be closing and moving to
Minden by May 1.
In
February’s regular monthly meeting of the Claiborne Parish Police Jury, Office
of Community Services Director Jean Reynolds updated police jurors on the
issue. However, attempts to confirm this information by this newspaper have
failed as of press time. The Guardian-Journal has repeatedly called the Office
of Family Support in Baton Rouge, and either our request is handed off to
another department or Communications Director Trey Williams has not returned
our phone calls.
According
to Police Jury Secretary/Treasurer Dwayne Woodard, the police jury has not
received official notification from the state regarding this issue, he said
Tuesday morning, but all indicators point to the fact that the state is looking
to close the office.
But
during the meeting, Reynolds shared with police jurors that if the office was
closed, four people in Homer would lose their jobs and eight would go to the Minden office.
“They
have to be operational in Minden by May 1,” Reynolds told police jurors. “They
say they can do everything by phone, or computer or by mail.”
The
closing of this office must be approved by the Louisiana Legislature and
reports are that it hasn’t been approved yet.
“If we
protest enough, maybe we can stop it,” she said.
District
11 Rep. Rick Gallot said he has not received a copy of the executive budget
submitted by the governor due to holiday and weather related delays. More
information on the executive budget will be available soon, he said.
According
to Reynolds, this could have a major impact on the clients the office serves in
that many of them do not have telephones or computers. They will have to travel
to Minden to conduct their business, and not only would it put a hardship on
the clients themselves, but it will also be a strain on the Claiborne Parish
Transportation Service provided by the Office of Community Services.
“There
are times when you have to take them to the office, because they (Office of
Family Support) want to see them face to face, and that means I’ll have to
transport them to Minden,” she said.
Although
the office’s closure has not been officially confirmed, a press release by the
Department of Social Services states one of the recommendations from the
Commission on Streamlining Government is to implement on average a 1:8
supervisor-employee report ratio. To attain this goal, the press release
stated, the commission is recommending a reorganization of the entire agency,
which will include “regional and middle management, administrative and support
staff will be downsized and functions and roles consolidated with a focus on
service delivery at the client level.
“Office
consolidations, partnership with nonprofits and other community based
organizations to create DSS storefronts, office closures and the development of
regional service centers are planned to further the 1:8 ratio and overhaul of
the DSS delivery system,” the press release continued. “DSS continues to
examine and reorganize units in the Office of the Secretary, Office of Family
Support, Office of Community Services and Louisiana Rehabilitation Services…”
According
to Kristy Nichols, Louisiana Department of Social Services Secretary, DSS is
continuing to take steps to implement these recommendations by the Commission
on Streamlining Government, with the idea of maximizing state and federal funds
and cut unnecessary costs.
“DSS
has worked diligently over the last year and half to identify our core
competencies and work to preserve the core services that our clients need
most,” Nichols said in the press release. “DSS must make strategic investments
that have measurable outcomes as we work to fulfill our mission of keeping
children safe, moving families toward self-sufficiency and providing safe
refuge during disasters.”
Opposition signatures verified
The Guardian-Journal
Last
week, 443 signatures were turned in to the Claiborne Parish Registrar of Voters
in opposition of the proposed ordinance to change the chief of police position
from an elected one to an appointed one.
As of
this week, 399 of those signatures were verified, which means this will now go
to the polls for the people to decide. Town Attorney Jim Colvin is now working
to get the proposed ordinance on the ballot for the May 1 election.
The
issue has been hotly debated since it was brought up in a Homer Town Council
meeting late last year. Some citizens have expressed their anger because the
feel as if their right to vote for a police chief is being taken away. Others
say that’s not true. Their rights to vote are not being taken away, but some
feel the council should run the town.
A
public hearing on the matter will be held at 6 p.m. just before the regular monthly meeting on March 1 in council chambers, located at the Homer Police
Station. For more information, please call Town Hall at 927-3555.
Homer man arrested for possession
The Guardian-Journal
A Homer
man found himself in trouble after he was arrested on drug charges.
Nicholas
D. Critton, 28, was arrested Wednesday, February 10, and charged with
possession with intent to distribute CDS Schedule II (cocaine). His bond was
set at $30,000.
According
to police reports, Captain Donald Malray, of the Homer Police Department, received
information about a gray or silver van traveling in a suspicious manner in the Park Drive, South Main Street area. He followed up on the information received, at which
time, he caught up with the van, initiating a traffic stop.
Upon
contact with the driver, identified to be Critton, reports say the subject was
handcuffed for officer’s safety. At this time, police say a clear plastic bag
was found on the floor of the vehicle that contained an off-white rock-like
substance. Critton was then escorted to Malray’s patrol unit, at which time the
officer called for assistance. Homer Police Officers Roger Smith and Willie
Knowles arrived on scene a short time later, when Malray removed the clear
plastic bag from the vehicle.
Critton
was then placed under arrest on the above charge and transported to the Claiborne Parish Detention Center.
In
other crime news, a 20-year-old Haynesville man found himself in handcuffs
after Homer Police discovered he was driving while intoxicated.
Steven
M. Wallace was arrested on Friday, February 12, and charged with underage
driving under the influence. His bond was set at $750.
According
to reports, Officer Van McDaniel initiated a traffic stop on a red 2000 Chevy
pick up truck for driving on the white fog line.
Upon
contact with the driver, later identified as Wallace, McDaniel detected the
odor of alcohol coming from Wallace’s person. Wallace was then asked to exit
the vehicle, and a field sobriety test was administered, at which the subject
performed poorly.
Wallace
was placed under arrest and transported to the Homer Police Station where he
was tested. According to the results of the test, reports say, his blood
alcohol content was .07. According to law, the legal limit for a person under
the age of 21 is .029.
Wallace
was then transported to the Claiborne Parish Detention Center.
In an
unrelated incident, Jeremy T. Pickens, 22, of Homer, was arrested on Friday,
February 5, and charged with simple possession of marijuana. Bond was set at
$5,000.
Homer
Police Officer Darren Norton responded to a dispatch in reference to a
disturbance in the 100 block of Circle Drive. While investigating the
disturbance, reports say, Officers Van McDaniel and Willie Knowles went to the
apartment where the complaint was supposed to have come from. At that time,
Knowles observed a black male, later identified as Pickens, drop a bag of
suspected marijuana.
Pickens
was then placed under arrest and transported to the Homer Police Station. While
at the station, Norton tested a small portion of the suspected substance with a
field test tube. Results came back positive for marijuana, police say, and the
remaining substance was placed into evidence. Pickens was then transported to
the Claiborne Parish Detention Center for booking.
A Homer
man wanted on two warrants turned himself in to police. He was arrested in
connection with an incident that happened in late 2009.
John C.
Hill, 23, was arrested for domestic abuse battery, with bond set at $10,000,
and second degree battery, with bond set at $2,000.
According
to reports, the incident for which he was arrested occurred in late November
2009. Another arrested in the incident at that time was Sha’Rocka Knowles of
Haynesville, for disturbing the peace by fighting. Two other females, Ms. A.
Knowles and Demita Calome were also issued citations for disturbing the peace
by fighting in 2009.
Allegedly,
the disturbance began at the 1400 block of Monroe Street where Calome told
Officer Thomas Davis that several girls came to her home and began fighting
with her. Calome was injured in the altercation and Pafford EMS was called to
the scene to treat her injuries. Davis reportedly left Calome in the care of
Officer Darren Norton because Officer John Bailey had located the vehicle in
which the girls were seen leaving in.
Upon
arrival on Pearl Street, Davis spoke with a woman who was only identified as
Ms. A. Knowles, and reportedly, she told police that Hill and Calome began an
argument with her when she went to the Monroe Street residence to pick up her
child. Ms. A. Knowles told police that Hill hit her in the face and Calome
allegedly jumped into the fight.
Ms. A.
Knowles provided police with a written statement in regards to the incident,
and warrants were issued for Hill on the above charges.
In
another unrelated incident, an illegal immigrant has now been returned to her
home country after she was arrested on Wednesday, February 3.
Marina
V. Gonzalez, 28, was arrested for operating a vehicle without lawful presence
in the United States. Bond was set at $2,000.
According
to reports, Homer Police Officer John Bailey observed a vehicle speeding in a
45 mph zone while patrolling. He initiated a traffic stop for the violation,
and upon contact with the driver, identified as Gonzalez, Bailey requested the
proper paperwork. He requested her driver’s license, but she told the officer
she left them at home in El Dorado, Ark. When he asked her to exit the vehicle,
reports say she admitted to not having a driver’s license and that she was in
the United States illegally.
She was
placed under arrest on the above charge and transported to the Homer Police
Station for booking. She was then transported to the Claiborne Parish Women’s
Facility.
According
to city court records, the charges against Gonzalez were dismissed with time
served. She was to have been picked up by Immigration Services on Wednesday,
February 17.
Roof replacement closer for library
MICHELLE BATES, Editor
The
Claiborne Parish Library is finally one step closer to getting the roof
repaired after it was damaged in a storm last year.
According
to Brad Graff, of Cothren, Graff, Somak Engineering, Inc., the lowest bid was
from Pro-Build Construction for an alternate bid of $89,375. At Graff’s
recommendation, the police jury approved a motion to accept it.
“This
is for total replacement of the library roof,” Woodard said.
In
other news, the police jury approved a resolution from the LSU AgCenter asking
for their support in requesting that the governor and the Louisiana Board of
Regents continue the AgCenter’s funding at the 2008-09 level.
“This
resolution is to ask you as the jury to support and encourage the Louisiana
Legislature to continue the LSU AgCenter funding at the July 1, 2008 level,” said County Agent Robin Bridges. “At this point in time, with the budget
concerns throughout the state, the governor and the budget committee are doing
their best to try to maintain a balanced budget. There are only two major areas
that can be cut – the charity hospital system and higher education – the LSU
AgCenter being a part of the LSU system and higher education – we’re under
those budget cuts.”
With
state budget cuts in the forefront, the severance tax committee is well on its
way to making a difference. According to District 8 Police Juror Roy Mardis,
the committee has met a couple of times and made some progress.
“We’re
getting good participation here in Claiborne (Parish),” Mardis said. “Our
intent is to get similar committees in the other parishes to have them
operating. We plan to go to them and share with them what we’ve been doing in
Claiborne.”
On that
same note, the police jury approved a request from the committee for travel
reimbursement at the rate of the 2010 IRS standard rate, 50 cents per mile for
business miles driven.
In
other news, the police jury approved a motion for a bid to haul assorted road
material by J.D. Caver, with a $40,000 cap. Road Superintendent Tommy Durrett
said the bids were for $12 per ton for the pit run and $18 per ton on hauling
the maintenance rock material respectively, and the police jury is currently
paying $7 per ton for the maintenance rock and $5 for the pit run.
The
police jury buys its crushed rock from Standard Gravel, based in Bearden, Ark., but the road department must travel to the quarry to pick it up, which means
it would actually be cheaper on the police jury to have it hauled in.
Also,
all recommendations from the personnel committee were approved, including:
• The
appointment of officers to the Claiborne Parish Emergency Management Advisory
Committee as required by law. They include the parish president (Scott
Davidson), who will be chair, and the parish Office of Emergency Preparedness
(Dennis Butcher), who will serve as vice-chair. Members also include Claiborne
Parish Sheriff Ken Bailey, the mayors of Homer, Haynesville, Athens, Lisbon and
Junction City, the Homer and Haynesville fire chiefs, the Homer and Haynesville
police chiefs, the police jury secretary/treasurer, parish vice-president, the
Claiborne Parish School Superintendent or her designee, the OEP assistant
director, Homer Memorial Hospital’s administrator and the Parish Road
Superintendent.
• The
recommendation to amend Section 107, Sick Leave of the Claiborne Parish Police
Jury Employee Handbook,
•
Section 383 of the employee handbook which deals with annual leave, and
•
Advertisement for the open position of truck driver due to the pending
retirement of Joe Willie Fielding. Interviews will be held on Tuesday, March 9,
starting at 4:30 p.m.
The
next police jury meeting will be held at 9 a.m. in the police jury meeting
room, next to the Claiborne Parish Registrar of Voters Office, on Wednesday,
March 10. For more information, please call the police jury office at
318-927-2222.
Stupid criminals...
Burglar Tases and Handcuffs Self
JIMMY DEAN, Feature Writer
OK, I
admit that I read this at www.orlandosentinel.com, the online edition of the
Orlando Sentinel, but it’s just too good not to share.
It
seems that 19-year-old Shane Thomas Williams-Allen was “car hopping,” going
around and pulling on car door handles.
He
found an unlocked car with goodies inside—a digital camera, a taser, a digital
recorder, a police nightstick, handcuffs, and two handgun magazines with
bullets. By the way, the car was an unmarked police car.
Just
imagine what was going through this neophyte-burglar’s mind: “A
taser...cool...wonder how it works—is this the part that...ZZZZZT!” Yep, he
accidentally tased himself.
But it
gets better.
Apparently,
he recovered from the shock and was further examining the booty. “Here are some
cool handcuffs...hmmm, wonder how they work. Reckon what’ll happen if I put
this one on this wrist (click) and this one on my other wrist (click)—that’s
kinda tight. Now where’s that key? (searches) Here’s the taser...don’t wanna
touch that again...here are the bullets...and the camera...where’s the key?
Where is that key? (panic is rising) It’s gotta be here somewhere.......”
You
guessed it...in all the stuff Williams-Allen stole, he didn’t steal a key to
the handcuffs. He ended up calling the police to get the handcuffs off.
The
Lake County Sheriff’s Office said that Williams-Allen may be responsible for
at least nine car burglaries in the Clermont-Mineloa, Fla., area.
(Williams-Allen
is reported to have said during the interrogation, “Would you believe I just
wanted to become a cop like you guys, so I tased myself and put on the
handcuffs to get some experience for the job?” Nah, I just made that part up.)
