Homer woman files suit claiming police
brutality
MICHELLE BATES, Editor
A Homer
woman has filed suit against the Town of Homer and the Homer Police Department
claiming police brutality in a 2009 incident.
Vernicia
Bender, who is hearing impaired, filed suit against the entities as well as
several police officers, including Police Chief Russell Mills. The other
defendants in the case include Officers Roger Smith, Mario Thomas and “Evan”
[sic] McDaniel, as well as former Homer Police Officer Scott Glenn.
The
suit claims the officers violated her federal rights, citing the Civil Rights
Act of 1964, and the provisions of the Fourth, Fifth, Sixth, Ninth and
Fourteenth Amendments to the United States Constitution. Count one states,
“Deprivation of and Conspiracy to Deprive Plaintiff of her Civil Rights under
Federal Law.” Count two states, “Deprivation of and Conspiracy to Deprive
Plaintiff of her Civil Rights under State Law.”
The
suit, filed September 28, 2010, claims Officer Smith tased Bender at least six
times.
The
circumstances surrounding this lawsuit began September 26, 2009, when Smith allegedly initiated a traffic stop on Bender’s daughter in front of the
Bender’s driveway.
“As
Bender arrived at her home, she was confronted with the scene of several police
officers standing over her daughter who was face down in the mud handcuffed,”
the suit states. “At least two of the officers, Smith and Glenn, had their guns
drawn and pointed at” the daughter.
When she
saw this, Bender claims in the suit, she panicked and began asking officers
what her daughter had done. Because she is hearing impaired, she claims she did
not hear the officers when they told her to “get away.” She said she did not
understand what they were saying, and she went to Officer Thomas to find out
what was going on.
It was
at that time, she claimed her car was overheating and she went to the car to
turn it off. When she to the vehicle and turned it off, Officer Thomas flashed
a flashlight in her face to get her attention and began asking her slowly and
loudly what she had gotten from the car. She claims she turned the car off and
put the keys in the seat of the car.
“Thomas
once again shined the flashlight into Bender’s face and began to try and say
something to her,” the suit states. “Suddenly, and from behind, she felt the
pain of being struck in the back by Smith followed immediately by a jolt in her
right side as Smith began using his model X.26 Taser on her. Smith continued to
tase Bender at least six times.”
According
to reports obtained by The Guardian-Journal a few days following the incident,
Bender allegedly had the car keys in her hand and refused to give them to
police and still refused to follow verbal commands. The report alleges that
Officer Smith continued to give verbal commands for Bender to stay face down,
but she still refused to comply.
The
suit then claims that Officers McDaniel and Thomas stood by without attempting
to stop Smith. Then McDaniel knelt on the ground next to her and told her to
put her hands behind her back. She complied and was cuffed.
On that
date, Bender was charged with obstruction of justice with bond set at $1,000
and resisting an officer with bond set at $500.
According
to the suit, Bender is asking for judgment in her favor, general damages in the
sum of $500,000 each and punitive damages in the sum of $500,000 each,
reasonable attorney fees and all costs of the proceedings.
Because
the case is ongoing litigation and citing the attorney’s code of professional
conduct, Town Attorney Jim Colvin has declined comment on the case.
Broken exhaust leads to bust
The Guardian-Journal
A
Haynesville man and Minden man racked up a string of charges after Claiborne
Parish Sheriff’s deputies discovered an assorted array of pills in their
vehicle.
Dustin
Bailey, 21, was arrested on Saturday, November 20, and charged with modified
exhaust, no license in immediate possession, possession of Schedule IV CDS
(soma), possession of Schedule III CDS (lortab), possession of Schedule II CDS
(morphine) and illegal carrying of a weapon in possession of CDS.
William
Blake Bailey, 17, of Minden, was arrested on the same date and charged with
possession of Schedule IV CDS (soma), possession of Schedule II CDS (lortab),
possession of Schedule II CDS (morphine) and illegal carrying of weapon in
possession of CDS.
Bond on
both arrests are to be set.
According
to a news release from the Claiborne Parish Sheriff’s Office, Deputy Roger
Ellerbe conducted a traffic stop and found the driver, identified as Dustin
Bailey, to be driving without a license on his person. The vehicle was stopped
for a broken and excessively loud muffler.
Due to
the odor of what appeared to be marijuana coming from the vehicle, Ellerbe
contacted Deputy Aaron Christian to bring his K-9 partner to the location.
Deputy J.T. Williams arrived to assist also.
The
passenger in the vehicle was identified as William Blake Bailey. A search of
the vehicle revealed a 12-gauge shotgun in the rear seat and the K-9 alerted to
illegal narcotics. A further search revealed the presence of illegal narcotics
to include a pill bottle located in a hole in the driver’s side door panel that
contained 42 Schedule III CDS (lortab), a pill bottle in the crack between the
driver’s side and passenger side seat containing 31 Schedule IV CDS (soma), and
a pill bottle in the same crack containing 46 Schedule II CDS (morphine)
tablets.
Both
Dustin and William were transported to the Claiborne Parish Detention Center on the above charges.
In
other news, while on routine traffic patrol on Monday, November 15, Deputy
Randy Pugh was stopped by an unknown male who advised that the white pickup
truck that passed his vehicle shot at him two times and kidnapped the driver of
the truck.
Pugh
pursued the vehicle, made a stop and ascertained that the alleged crime
occurred in Arkansas. Pugh was able to detain the occupants of the vehicle
until Arkansas County Sheriff’s Patrol, detectives and Junction City Police
arrived on scene.
All
occupants agreed to be transported to Arkansas for questioning.
CPSO audit shows employee theft
MICHELLE BATES, Editor
For the
fiscal year ending June 30, 2010, the Claiborne Parish Sheriff’s Office audit
report shows only one finding – employee theft.
In the
audit report performed by Mary Finley, CPA of West Monroe, she showed a finding
where an employee took approximately $30,000 from the criminal court fund.
“[The
employee] was taking money that individuals were paying for fines and costs and
imputing [sic] them into the computer as time served,” the finding stated.
“This happened from November 2008 through February 2010.”
All
fines and costs are paid at the Claiborne Parish Sheriff’s Office.
“It’s a
sad, sad situation,” Claiborne Parish Sheriff Ken Bailey said in a published
article from The Times of Shreveport. “The money is in the process of being
recovered.”
According
to a letter submitted online with the audit report, Sheriff Ken Bailey offered
the following procedures that were implemented to prevent something like this
from happening again. They are as follows:
• Court
fines and costs must be paid by cashier’s check or money order only. The only
exception is when there is no business open to issue the cashier’s check or
money order and arrest can only be avoided by payment of the fine/cost.
•A copy
of the court sheet showing that a person has been sentenced to time served will
be attached to the monthly distribution printout and checked by the accountant
before the distribution is made to be sure no entries have been entered as time
served that actually paid. The time served entries will be run in a separate
batch from paid entries.
• When
a person has been arrested for failure to pay, then after the arrest, the
fine/cost is paid for them to be released, a copy of the release sheet that
shows “paid fine/cost for release” will be sent to the accountant who will
verify that the payment is entered in the computer.
• The
Occupational License Listing of issued licenses with amounts collected will be
verified monthly against the deposits in the bank.
Masonic Lodge donates to FUMC
Photo courtesy of Homer Masonic Lodge
#152
Homer Masonic Lodge #152 Worshipful
Master Brady Allen and other Lodge members in attendance, present April
Chachere, representing First United Methodist Church of Homer, a check in the
amount of $1,200, for the annual Christmas Community Toy Drive. The successful
recent fish plate fundraiser helped make this donation possible. Homer Lodge
#152 would like to thank everyone that helped with the fundraiser by purchasing
a plate and wishes everyone a Happy Thanksgiving.
Sheriff offers safe driving tips
According
to the American Automobile Association, approximately 39.7 million drivers will
be hitting the road during the upcoming Thanksgiving holiday, a 12 percent
increase from 2009.
Last
year, the Louisiana State Police reported eight fatal crashes and 16 deaths
across the state during the Thanksgiving holiday period of November 27 through
November 29, 12 of the 16 occupants that were killed this past holiday were not
wearing their seatbelts at the time of the crash. Four of these crashes are
suspected to be alcohol related.
“What a
lot of people need to understand is that a high percentage of traffic
fatalities are the result of poor decision-making,” Claiborne Parish Sheriff
Ken Bailey said. “These are tragic and needless deaths. I urge all motorists to
protect themselves and their fellow travelers by practicing the following
simple, safe driving tips.”
• Don’t
drink and drive. If you suspect a driver is intoxicated, do not follow too
closely because he or she may make sudden stops.
•
Buckle up. This is one of the most effective methods to protect against injury
or death in a motor vehicle crash.
• Use
approved child restraints. Louisiana law requires that all children age 1 year
or less than 20 pounds ride in rear-facing child safety seats; ages 1-3 or
20-39 pounds in forward-facing child safety seats; ages 4-5 or 40-60 pounds in
a booster seat, and 6-12 or greater than 60 pounds may use an adult seatbelt.
• Avoid
distracted driving. Distracted drivers continue to endanger the public by using
cell phones, operating electronics or eating food while driving. A safe driver
is a focused driver. Remember, text messaging is illegal in Louisiana while
driving.
• Slow
down and obey the speed limits. Studies show that higher travel speeds are
responsible for a significant increase in highway traffic deaths.
• Get
enough sleep. Sleep deprivation and fatigue can cause lapses in attention,
slowed awareness and impaired judgment.
• Be
extra cautious around large trucks. These vehicles have larger blind spots and
much longer stopping distances than passenger cars.
• Don’t
tailgate. Follow other vehicles at a safe distance.
•
Expect the unexpected. Watch traffic around your vehicle and be prepared to
react. Scan the road ahead for potential hazards such as other vehicles and
road debris.
• Be
extra alert around construction zones.
• Take
frequent breaks to keep alert during long distance trips.
“Safe
travel ultimately comes down to the people on the roads,” Bailey said. “The
individuals behind the wheel are not only responsible for themselves and their
passengers, but responsible for all the other travelers they share the roads
with at a given time. Every thought and every action counts.”
Christmas food drive seeking donations
Brookshire’s
Grocery Company is partnering once again with the Homer Lions Club to collect
and distribute food to needy families in Claiborne Parish during the holidays,
as the 29th Annual Spirit of Christmas Food Drive gets underway.
The
Haynesville Lions Club has once again agreed to help with the distribution of
the food boxes in the Town of Haynesville. As in years past, the Claiborne
Parish 4-H Junior Leaders, along with their sponsors, Lee Faulk and Teresa
Price, will offer their valuable assistance by helping collect, sort and
package food items for delivery. The First Presbyterian Church in Homer will
continue to allow Lions to use of their Fellowship Hall to prepare the food
boxes for delivery. Food boxes will be delivered between noon and 5 pm on Friday, December 17.
Area
residents are asked to make donations by placing non-perishable food items in
designated bins located at Brookshire’s in Homer. People are asked not to
donate homemade goods or items in glass jars. Bulk items, such as flour, sugar
and corn meal, should be donated in smaller sizes to allow for more variety in
the boxes given to the recipients.
In
addition to the public food donations, each family will receive at least one coupon
for a baking hen from Brookshire’s. All food collected in this area will be
distributed to families in Claiborne Parish.
Families
to be assisted by the Spirit of Christmas Food Drive are selected by local
relief organizations or government agencies according to need. The Claiborne
Parish Office of Family Services (OFS) will again provide printouts to be
submitted with completed applications.
Application
forms are available at the OFS located on East 2nd next to Piggly Wiggly in
Homer, at the Claiborne Parish Police Jury Office, and at the Haynesville City Hall. The deadline to turn in completed applications along with OFS printouts
is Friday, December 10, 2010. Completed applications can be turned in to the
Police Jury Office or mailed to Spirit of Christmas Food Drive, c/o Susan
Herring, 231 North Main, Homer, LA 71040.
The
Spirit of Christmas Food Drive began in 1982, when 92 families in Tyler, Texas, received assistance. Last year some 500,000 pounds of food was collected in
the Ark-La-Tex and distributed to more than 16,000 families. In Claiborne
Parish, more than 185 food boxes were collected and distributed.
“The
success of this year’s Spirit of Christmas Food Drive, as in the past, depends
on the wonderful generosity of our local citizens.” Herring said, “We are very
appreciative to everyone who has donated food items in years past, and hope
they will continue to be willing to help those in our communities who are less
fortunate.”
For
more information, please call Homer Lion Chairmen Dwayne Woodard at 927-2222 or
Susan Herring at 318-548-9146.
Kids Day a blast at Homer Elementary
Several law enforcement agencies
demonstrate training, different units of police
Photo courtesy of Homer Elementary
These Louisiana State Troopers talk to
Homer Elementary students during a Kids Day on Wednesday, November 17. The kids
learned about many aspects of the Louisiana State Police as well as other local
police agencies. Along with troopers, the Claiborne Parish Sheriff’s Office and
the Homer Police Department participated. Police presented their canine
partners as well, demonstrating their training and what they do. Also, State
Police presented one helicopter and its mobile command center for kids to see
and explore.
Haynesville council tackles short agenda
MICHELLE BATES, Editor
The
Haynesville Town Council covered a short agenda last week during its regular
monthly meeting.
In the
absence of Martha Trinko, Citizen Advisory Committee (CAC) Member Bob McDaniel
gave an update on what the CAC has been doing. During his report, McDaniel said
there was much discussion in regards to the citywide rummage sale held
recently. Although the sale didn’t generate as much as the last one they had,
those funds were still distributed among different funds for the town. Those
included the decorations fund, fireworks, Santa Train and the general fund.
He also
spoke about the Santa Train, which will stop in Haynesville at 12:10 p.m. Saturday, December 11. The toys donated will serve children from Wee Care and
grades 1-4, McDaniel said. Also, Dump Hatter, slated to be the site stop
coordinator, has been replaced by Janell Brown. Activities will follow at the
Claiborne Parish Fair Complex.
The
Santa Train will also stop in Athens at 10:15 a.m. at La. Hwy. 518 and Athens Avenue. Its next stop will be in Homer at 11 a.m. at the Delta Interiors parking lot.
Also,
one lucky boy or girl will receive a train set from Santa at each stop along
the route.
McDaniel
said he was pleased with the turnout at each CAC meetings each month.
“I hope
that we’re serving the Town of Haynesville well,” he said.
The
board has covered many topics and activities including stumping for the 2010
Census, the town’s cleanup day, the citywide rummage sales and many other fun
activities for the community. Their next meeting will be held at 6 p.m. in council chambers on Monday, January 10, 2011.
In
other news, the first reading of Ordinance #482 was read by Town Clerk Penny
Fields. The ordinance is an amendment to Section 3 of the town’s policy manual
dealing with annual leave. According to Mayor Sherman Brown, the town’s annual
leave policy had not been updated in several years.
A
resolution was read and adopted regarding the Canvass Proposition Votes, which
deals with the passage of the town’s two tax renewals. It was adopted 4-1, with
Brian Bogle absent.
In
other news, the Town of Haynesville topped state and local return rates for the
2010 Census mail participation. Haynesville’s results showed returns of 80
percent, with the United States showing 74 percent, Louisiana at 65 percent,
Claiborne Parish at 72 percent and Homer at 68 percent.
Also,
on December 20, at 6 p.m., the town will present a fireworks display at the
park pond, weather permitting. If the weather is bad, the display will be moved
to December 23 at 6 p.m.
A
public hearing will also be held at the Claiborne Senior Center on Tuesday,
November 30 at 1 p.m. to discuss the Claiborne Area Agency on Aging’s four year
plan.
This
planning document identifies priority needs, goals, objectives and activities
that will be undertaken by the Area Agency on Aging in developing programs for
Fiscal years 2011-15 for individuals aged 60 and older in Claiborne Parish.
The
public hearing offers an additional opportunity for the general public to
participate in the development of the plan. The draft of the Claiborne Area
Agency on Aging’s four year plan is available for review at 608 East 4th Street
in Homer. For more information, please call 318-927-6922.
The
next meeting of the Haynesville Town Council will be held at 6 p.m., Thursday, December 16. For more information, please call their office at 318-624-0911.
Now that the Bypass is open...
MICHELLE BATES, Editor
Here’s
a few tips to remember.
The
bypass, designated La. 3244, was opened last week, and it’s seen a lot of
vehicle travel since its opening. A ribbon cutting was held with all the pomp
and circumstance on October 28, however, it did not open that day due to some
minor setbacks. According to David North, with Louisiana DOTD, some signage had
not come in yet. He said as soon as those signs came in, the bypass would be
open to traffic.
Just to
be on the safe side, North listed where the rights of way will be where the
bypass intersects with existing roads. They are as follows:
• At
the intersection of U.S. Hwy. 79, Hwy. 79 will have the right of way.
• At
the intersection of Dutchtown Road, the Bypass will be the through-road. In
other words, the bypass will have the right of way.
• At
the intersection of La. 3062 (N. Main Street), the bypass will be the
predominant road.
• At
the intersection of La. 2, La. 2 will have the right of way.
The
purpose for the bypass is to take the heavy 18-wheelers off the Square in
downtown Homer. Many accidents have occurred on The Square because these trucks
have to go around the Square to return to Hwy. 79 going north. Proponents of
the bypass have long said this highway would alleviate a lot of traffic issues
once the big rigs can bypass The Square.
