Justice Denied In Ohio

February 18, 2015

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Thomas Caine White of the Ottawa Hills, Ohio Police Department should be the official national symbol for why all real Americans hate and fear the police.

Not Darren Wilson of the Ferguson, Missouri police who shot and killed a teenager named Michael Brown and inspired a month of fires and riots. Not Daniel Pantaleo of the NYPD who choked a hustler named Eric Garner who then died protesting “I can’t breathe.”

Thomas Caine White epitomizes what has gone wrong in the relationship of American citizens and American police.

During a during a routine traffic stop in the early morning hours of May 23, 2009 White gunned down 25-year-old Michael “Biker Mike” McCloskey because McCloskey did not comply with White’s commands quickly enough.

The Traffic Stop

McCloskey and his friend Aaron Snyder had ridden their motorcycles out into the night to distribute Snyder’s business cards and flyers advertising the Bike Nights at a night club called the Omni. They went to the Omni about one in the morning, met a friend named Klint Sharpe and headed back to McCloskey’s home in Ottawa Hills. Sharpe followed the two bikes in his car. When Sharpe turned to take a different route, Officer White pulled in behind the motorcycles. For several moments, McCloskey and Snyder thought the car behind them was Sharpe rather than a police cruiser.

White, a relatively inexperienced reserve officer, lit the two bikes up and called for backup from another cop named Christopher Sargent. McCloskey stopped his Harley but he did not turn off the engine. He might very well have been tipsy. Because it was a bike with a V-Twin engine and because White had left his siren on it is likely McCloskey couldn’t hear what the cop said. While White was still in the cruiser with his lights and sirens on, McCloskey looked over his right shoulder toward White’s vehicle and then looked toward the backup officer arresting Snyder. White got out of the cruiser, drew his pistol and yelled something. White would later explain that he told McCloskey to put his hands up. When McCloskey turned again to glance over his right shoulder McCloskey shot him in the back.

White would later testify that he had seen McCloskey turn with his “right arm and elbow…making a drawing motion to the right,” causing White to believe that McCloskey “was pulling a weapon.”

McCloskey was instantly paralyzed from the waist down but he retained feeling in his legs. His motorcycle fell on him exhaust side down and as his hot exhaust pipes burned through his leg McCloskey begged White and Sargent to pull the bike off him. After Snyder ran to help McCloskey he asked White and Sargent for help and White replied, “He’s your friend. You get the bike off of him.” McCloskey’s burns caused nerve damage. He is now confined to a wheelchair and he remains in constant pain.

Conviction

White was eventually charged with felonious assault with a firearm enhancement. The professional police establishment rallied to White’s defense. His most steadfast defenders since he maimed McCloskey have been the National Fraternal Order of Police and the Fraternal Order of Police of Ohio. At White’s trial a former FBI Agent and professional witness named Urey Patrick told the jury, “If McCloskey had turned off the bike and raised his hands off the handle bars this wouldn’t have happened.”

White was convicted anyway in May 2010. He posted a $100,000 bond and he has remained free while he appealed his conviction. In 2012 the Sixth Circuit Court of Appeals for Ohio did reverse his conviction on the grounds that “the trial court erred by charging the jury on the standard for using non-deadly force in a deadly force case” and that the trial judge failed to properly instruct the jury on the use of deadly force by a policeman. The appeals court also thought that the trial judge should have instructed the jury that it had the option of finding White guilty of “the lesser included offense of negligent assault.”

Prosecutors appealed that ruling in January 2013. Yesterday the Supreme Court of Ohio ruled that if White is to be punished for what he did he will have to be tried and found guilty again.

Ohio Supreme Court Ruling

In a 38 page ruling the court wrote:

Quoting an Iowa case titled State v. Smith, “An officer, in the performance of his duty as such, stands on an entirely different footing from an individual. He is a minister of justice, and entitled to the peculiar protection of the law. Without submission to his authority there is no security, and anarchy reigns supreme. He must, of necessity, be the aggressor, and the law affords him special protection.”

Citing Wharton’s Criminal Law, “In making arrests for felonies and misdemeanors, an officer could use whatever force was reasonably necessary – including deadly force – if the suspect offered resistance; and in the case of a fleeing felon, deadly force could be used even if the offender presented no imminent threat of harm.”

Citing the United States Supreme Court ruling in Graham v. Connor, “The ‘reasonableness’ of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight.”

“The calculus of reasonableness must embody allowance for the fact that police officers are often forced to make split-second judgments – in circumstances that are tense, uncertain, and rapidly evolving – about the amount of force that is necessary in a particular situation.”

Rejecting the notion that White criminally used a firearm the court wrote: “The purpose of a firearm specification is to enhance the punishment of criminals who voluntarily introduce a firearm while committing an offense and to deter criminals from using firearms. In enacting firearm specifications, the General Assembly recognized that ‘a criminal with a gun is both more dangerous and harder to apprehend than one without a gun.’ But in contrast to those who freely choose to use a firearm while committing a crime, a firearm specification is not intended to deter a peace officer from possessing a firearm,”

“We therefore conclude that the General Assembly did not intend the firearm specification to apply to a police officer who fired a gun issued to him to protect himself, fellow officers, and the public from a person he thought was about to brandish a weapon.”

The learned justices continue their deconstruction of justice until any reasonable person would become tired and sick.

McCloskey is still in a wheel chair and he probably always will be.

White is still free and he probably always will be.

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39 Responses to “Justice Denied In Ohio”

  1. Jeff Says:

    The people of Ottawa Hills need to set thier cocktails down, stop counting thier money for abit and protest. The fact the people of Ottawa Hills don’t care what they police they hire do as long as thier investments are doing good, What ashame

  2. Wookiee Says:

    @Alias
    I don’t knowif you will reply, but i am curious if your comment was meant as your observation of what you believe LE and public opinion is or if that is your own opinion

  3. Centurion Says:

    PIGS, need to stop watching the Lethal Weapon movies.

  4. FF Says:

    @irish

    Respect

  5. Alias Says:

    Black lives matter, biker lives don’t
    FTW

  6. SS Says:

    Exactly when did he “make a drawing motion to the right”? I can see his right hand the entire time. And I only saw him really “blow through” one stop sign, the first one. Why did he wait so long to pull them over if that was his reason. White is a jackass….he decided they were trouble long before pulling them over….and they must have naked photos of the other officers (together) testifying it was a justified shooting because I have never seen a less justified shooting caught on tape. They just love to ruin people’s lives, don’t they?!?!

  7. Phuquehed Says:

    Heh heh…don’t need new rings yet, just going by the fact that a fart is no different than a sneeze in the fact that more than just ‘air’ (or gas in this case) is exiting (only reason I remember this from whatever grade I was in when we learned it was because I was probably laughing my ass off and got sent to the principal for not stopping).

  8. popeye Says:

    Watched the video for the first time and I can’t figure out any justification for murdering McClosky. Cop was in no way threatened or in fear for his life this was the act of a coward

  9. Paladin Says:

    Phuquehed,

    LMAO at your last paragraph. However; depending on the amount of blow-by you’re experiencing, you may need a new set of oil rings.

    Long May You Ride,

    Paladin

  10. Tooj Says:

    So far I haven’t seen anyone mention this, so here goes:

    After watching the above several times I realized a very simple thing. The officer was at an angle to the LEFT of McCloskey and BEHIND.

    I watched McCloskey turn his head and upper torso to the RIGHT to look back, looked forward at what was going on with his fellow rider. McCloskey AGAIN turned his head and upper torso to the RIGHT.

    Given the position of Officer White, even HAD McCloskey been pulling a weapon, he was turning in the WRONG DIRECTION to pose any threat whatsoever to Officer White. What was he going to do? Completely spin around in a clockwise fashion to face the officer? Think about it.

    We should all be quite concerned that we have officers that show this amount of narcissism and lack of remorse. I’m still trying to figure out why this particular aspect of the interaction was NOT mentioned.

  11. Wiscokid Says:

    This shit makes my blood boil. I read through many of these stories but this one is so utterly disturbing I am now pacing around my room in anger. I can not for the life of me figure out how officer white felt justified in pulling the trigger. The man is pulled over and putting his bike in neutral when he is shot in the spine? Then the officer stands there while the pipes are burning through McCloskys Leg! Then you have these other pigs testify on officer whites behalf!! What the hell were they watching! I hope there is a special place in hell for Officer white and the two pigs that testified in his behalf. I hope they suffer the most painful agonizing death. This really made me realize how easily this could happen to any of us. Try and ride free, while we still can, I think???

  12. Phuquehed Says:

    Even if the noise from the siren and bike weren’t a factor, what *IS/WAS* a factor is, the fucking coward pig was out of his car and aiming his gun before *any* of his *supposed* commands could be obeyed.

    The gutless worm of a pig was a pussy, a scared pussy and either fell for all the hype his fellow pigs had told him of ‘patched bikers’ or was so gung-ho to shoot a perceived ‘bad guy’ (one in his own world of reality) that he didn’t give a shit if anyone had time to obey his commands or not. He was too trigger happy and that’s all there was to it. If a persecutor sees different they’re a lying shit-bag and don’t give a fuck about the law but only about how fast they can rise in the job market with commensurate pay.

    I mean mother fuck…I’ve had every imaginable object thrown at me from that distance and farther (fire bombs, rebar, rocks, ball bearings, you name it) and didn’t have to shoot anyone to take them down and zip-tie their hands. White fucked up, the judges trying to get him off are fucking up, and anyone else trying to get his sorry, pansy ass off the hook is fucking up and none of them are worth the spew in my farts.

  13. FXR Says:

    Does anyone familiar with this case know if the prosecutor re-enacted the traffic stop with a siren and Harley running and compared the decibels against whatever decibel level the cop could produce?

    Seems like it would be the first thing to do. Seems it might be factually possible and provable to show that the commands could not have possibly been heard, yes??

    Also, where was he hit? Strictly speaking that should have been a head shot shouldn’t it (at that close of range)?

  14. Irish Says:

    @FF. in that video, the patch holder was pulled over for not having turn signals, which is perfectly legal in PA. The cop even states that he “researched” the statue. Bullshit. Five squad cars for a simple traffic stop at 730 in the morning. I know this because I made the video. Thanks for watching, and please share it

    Irish

  15. Mike 184 Says:

    I have watched this video so many times trying to figure it out, and all I can keep coming up with is that the cop got out of the car ready to shoot. Since when is it ok to just draw down on people when administering a traffic stop. Why the hell is that not justification enough to burn his ass. This thing makes me sick every time I see it.

    Kind of gives me an idea of what happened in the Martinez case.

  16. Road Whore Says:

    @ FF:

    Thanks for posting this…it’s obvious that cops just make shit up to jack you up.

    Ride Free

  17. Road Whore Says:

    The cops are such chickenshits:

    http://nypost.com/2015/02/12/homeless-man-throwing-rocks-shot-dead-by-police/

    View the above video.

    Now you’re telling me that these old boys couldn’t run down and tackle one man who was throwing rocks at them???

    Ride Free while you still can.

  18. Sandmann Says:

    @SVD: thank you.

  19. Rebel Says:

    Dear FXR,

    “White observed them weaving from side to side and activated his cruiser’s dashboard video camera to document their driving. He saw McCloskey cross the center yellow lines multiple times, make incomplete stops at stop signs, weave within the lane, and exceed the speed limit.”

    Rebel

  20. FF Says:

    “Routine” traffic stop OSTENSIBLY for not using a blinker:

    https://www.youtube.com/watch?v=TGhMtivTwTg

  21. bcnasty Says:

    This shit happens every day across our country. Every time you are pulled over. Me personaly when pulled kill the bike and leave my hands on the throttle and clutch side. I give two shits about what the cops saying at the time, I am not moving. This ruling however changes that. Apparently, buy this law if I do not move I can be shot. If I move I can be shot. It is all depending on if supper pig feels like fileing paperwork for a shooting. This once again makes me feel happy that my years in life have me closer to leaving this fucked up world we live in. I have been in a situation at 2:30 am leaving my sisters house I was lit up. Stopped and here come a second and third cruiser to block the front and rear of my bike. Fucktard pig come up stuck his service gun to my left ear and said please move I just need a reason. After 2 hours of sitting on a main road with lights on so the entire world that drove by thought I was some piece of shit biker. I was told a guy on a white bike had just robbed a Duncan Donuts and shot the manager. My big is black ???? No appology, no explaination. The dipshits did not even search me, stood there with guns drawn while they run plates and everything else. Never even put me in a car left me sitting on the bike like a show for the public. This is our dumb ass crime buster unit here in my city.
    Respects,
    BC

  22. Clutch Says:

    “Sickening” and “disturbing” are two words that immediately come to mind. I can’t help but notice the number of news stories focusing on excessive police brutality lately – where’s this one in the mainstream media? Thank you, Rebel.

    @Ol’LadyRider post reminded me of a quote:

    “Nearly all men can stand adversity, but if you want to test a mans character, give him power.” Abraham Lincoln

  23. Ol'LadyRider Says:

    If you give a coward a POST certificate, a badge, a duty weapon, a cruiser, and a uniform, that coward is still a coward… But now that coward has forgotten he’s a coward. Now that coward can look in the mirror and convince himself that he’s not scared, that he’s the one with power, that he has the color of authority, the upper hand, and the power of the law on his side. However, nothing has changed inside that coward.

    Scared people make bad cops. And there are a LOT of them.

  24. FXR Says:

    what was the reason given for the traffic stop in the first place?

  25. Square Verbose Doc Says:

    “Thomas Caine White of the Ottawa Hills, Ohio Police Department should be the official national symbol for why all real Americans hate and fear the police. Not Darren Wilson of the Ferguson, Missouri police who shot and killed a teenager named Michael Brown and inspired a month of fires and riots. Not Daniel Pantaleo of the NYPD who choked a hustler named Eric Garner who then died protesting “I can’t breathe.””

    Actually all three epitomize the problem and the only hope of it ever changing is when those who feel more connected to the Michael Browns and Eric Garners of the world and those who feel more connected to the Michael McCloskeys of the world start supporting one another and participating in the same marches.

    Of course, that’s when the proverbial waste material might really hit the room cooling device. I’ve always thought that it was not a coincidence that Martin Luther King’s assassination didn’t happen until he started to try to link the problems of poor and working class white people with those of black people. That’s when he became really intolerable to those who rule.

    “Divide and Conquer” is a cliche for a reason.

    SVD

  26. Jim666 Says:

    A.C.A.B. WHAT else is there to say we all know the truth even the cops do, they’re just not
    man enough to admit it, At least If im wrong I will admit I’m wrong, fuck the lousy fucks, will comment more in the a.m. tired right now and meds workin on me so Im gonna keep my trap shut till the a.m. , good night all stay safe and away from windows and doors,
    Jim

  27. CN Says:

    In another Life I rode with an MC that still has a Chapter in Cleveland so I’ve seen Ohio in a positive light but in the past decade all I’m hearing from my friends up there is how fucked up the State has become. I doubt if on balance it’s really much worse than any other but again, the people who I know and respect up there are seriously considering their options and making plans for a sooner rather than later departure. I was a kid when Kent State made the news for the State Guard gunning down 4 College Students during an anti-war protest and as I near my years of existance it would seem as if not much has changed. I mean no disrespect to any righteous Brothers up there in the various MC’s that still exist but you could’nt get me up there unless it was life or death and the later seeems to be more likely. To those reading this who know the Brother in the wheel chair, stay close and don’t pity but rather treat him like any other warrior, he deserves that much. And, to those thinking of greener pastures, remember it’s not any State in particular, it’s America and America is losing her soul.

  28. Bone Head Says:

    “…After Snyder ran to help McCloskey he asked White and Sargent for help and White replied, “He’s your friend. You get the bike off of him.”

    This (at least to me) raises serious doubt as to how “reasonable” White was. I’d call it a fail.

    Hopefully Mr. McCloskey will clean the cops and their department’s clocks in civil court.

  29. Paladin Says:

    Based on the dash cam video, Officer White’s traffic detention of Mr. McCloskey was non emergent. As such, Officer White retained the ability to initiate the traffic detention of Mr. McCloskey at a time and place of Officer White’s choosing.

    Because Officer White’s traffic detention of Mr. McCloskey was non emergent, Officer White had the time to plan for his safety, the safety of Mr. McCloskey and the safety of the general public.

    Based on the dash cam video, it’s obvious that Officer White rushed the situation, to the point of not turning off his cruiser’s siren, which greatly inhibited Mr. McCloskey’s ability to hear and understand Officer White’s commands.

    Based on the dash cam video, Officer White voluntarily employed improper tactics that raised the volatility of a non-violent traffic detention into an encounter that utilized an unjustified use of deadly force.

    Based on the dash cam video, the actions of Officer White were deliberate and those of an improperly trained and unreasonable Peace Officer.

    chromedome,

    Yes; Mr. McCloskey does have standing in a civil court. Unfortunately; I believe Mr. McCloskey will have to remain seated.

    Long May You Ride (to those that deserve to),

    Paladin

  30. Rusty Says:

    So, all a cop has to do is shoot yer ass and then say, I was in fear of my life….license to kill is what that is.

  31. alan B'stard MP Says:

    what was an inexperienced reserve officer doing on duty alone and unaccompanied by a more experienced pro police officer?

  32. stoker Says:

    Sooo……
    what I get outta this:

    “An officer, in the performance of his duty as such, stands on an entirely different footing from an individual. He is a minister of justice, and entitled to the peculiar protection of the law. Without submission to his authority there is no security, and anarchy reigns supreme. He must, of necessity, be the aggressor, and the law affords him special protection.”

    GREAT. HE HAS “SPECIAL PROTECTION.” I CONCLUDE HE IS MORE SPECIAL THAN THE REST OF US.

    Citing Wharton’s Criminal Law, “In making arrests for felonies and misdemeanors, an officer could use whatever force was reasonably necessary – including deadly force – if the suspect offered resistance; and in the case of a fleeing felon, deadly force could be used even if the offender presented no imminent threat of harm.”

    THAT READS: COPS CAN SHOOT US IF THEY WANT TO!

    Citing the United States Supreme Court ruling in Graham v. Connor, “The ‘reasonableness’ of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight.”

    “REASONABLE OFFICER” ?????

    “The calculus of reasonableness must embody allowance for the fact that police officers are often forced to make split-second judgments – in circumstances that are tense, uncertain, and rapidly evolving – about the amount of force that is necessary in a particular situation.”

    THE REASONABLENESS OF THE COP IS MORE REASONABLE THAN ANYBODY ELSE, CUZ HE IS MORE SPECIAL AND MORE REASONABLE THAN JUST REGULAR PEOPLE!!

    Rejecting the notion that White criminally used a firearm the court wrote: “The purpose of a firearm specification is to enhance the punishment of criminals who voluntarily introduce a firearm while committing an offense and to deter criminals from using firearms. In enacting firearm specifications, the General Assembly recognized that ‘a criminal with a gun is both more dangerous and harder to apprehend than one without a gun.’ But in contrast to those who freely choose to use a firearm while committing a crime, a firearm specification is not intended to deter a peace officer from possessing a firearm,”

    AND IN THIS INSTANCE, MCCLOSKEY HAS BEEN PRE-JUDGED BY THE REASONABLENESS OF THE COP, TO BE A CRIMINAL!!

    “We therefore conclude that the General Assembly did not intend the firearm specification to apply to a police officer who fired a gun issued to him to protect himself, fellow officers, and the public from a person he thought was about to brandish a weapon.”

    ….”FROM A PERSON HE THOUGHT…..FROM A PERSON HE THOUGHT….WAS ABOUT TO BRANDISH A WEAPON!!

    SO…..the “Firearm Specification” doesn’t apply to officer white…(or any cop)…..and therefore he is of a more specialisness than ordinary sheeple, and if occifer white THINKS someone is about to brandish weapon, he may forthwith, and legally shoot the fucker!

    Dear Rebel et al:

    I am already “tired and sick.”

    This whole thing is just beyond disgusting!

    (used to be) a Proud American.

  33. Anonymous Says:

    Officer white deserves to be in jail at the very least, reminds me of this movie quote.

    “I hope that both of you have sons… Handsome, beautiful, articulate sons, who are talented and star athletes and they have their legs taken away. I mean I pray you know that pain and that hurt.” – Ricky Bobby

    https://www.youtube.com/watch?v=6Dye05tvSoo

  34. Phuquehed Says:

    Rope. Tree. Corrupt judges, pigs, fag pig frat’s, and White the pansy-assed bitch who BJ’d his way through pig training only to graduate as a scared little punk bitch.

  35. Johnny Rotten Says:

    FUCKIN FUCK….NANCY ASS FUCKIN FUCKER..
    UNFUCKINBELIEVABLE…

    Johnny

  36. BMW Says:

    No justice in Ohio… That said it all. The politicians who sit on the Ohio Supreme Court are as chicken shit as they come. More decisions against civil rights come from the corrupt Ohio Supreme Court decisions than any other kangaroo court in the country. These twerps are afraid of their own shadows and rely on “police” to keep away the imaginary bad guys they think are under the bed. A few of them are really tin foil hat guy, the others are professional politicians and paranoid whackos. They can’t even apply their own decisions to cases. At this time, I think all of them claim to be Republicans, but they are those “Big Government” Republicans.

    This is the same court that brought us “Terry Stops” among others.
    BMW

  37. Road Whore Says:

    Un-fucking-believable…I’m at a loss for words.

  38. panamaa Says:

    Fucking shame.. What the hell does it take to convict a cop… They shoot and kill innocent people every fucking week and meanwhile people like Martinez sit in jail for a crimes they didn’t commit..

    Fuck Cops….

  39. chromedome Says:

    shake my motherfucking head…fucking pussy ass cop…..any chance he could file a civil suit?

    …supportyourlocalwhiteboy…
    fuck officer white
    may his family be cursed forever

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