Posted on 01/25/2011 1:12:12 AM PST by buccaneer81
DeWine's assistance not enough for bicyclist who collided with car Monday, January 24, 2011 11:29 PM By Alan Johnson The Columbus Dispatch
In Mike DeWine's first week as Ohio attorney general, his car collided with a bicyclist Downtown - and he ended up having the man taken on a 100-mile round trip to be treated by the officeholder's personal physician.
Jonathan Kirk, 28, a dishwasher at Tip Top Kitchen & Cocktails, wasn't seriously injured, but he was shaken up in the Jan. 13 morning accident.
According to a Columbus police report, confirmed by accounts from DeWine and Kirk, Kirk rode his bicycle against a red light at Front and Main streets. He was knocked to the pavement by a 2008 Chrysler 300 in which DeWine was a passenger. A DeWine staff member, Robert Lagergren, was driving DeWine's personal car.
Kirk, who said he has no insurance because he can't afford it, didn't want to go to a hospital emergency room and left the scene to make a scheduled appointment with his parole officer. Story continues below Advertisement
However, DeWine tracked him down and insisted that he see a doctor.
The attorney general had a staff member, Ann O'Donnell, drive Kirk to Jamestown, Ohio, about 30 miles southeast of Dayton, to see DeWine's physician, Dr. Kevin Sherrett, who is also the Greene County coroner.
"He's my personal doctor, and he's extremely thorough," DeWine said. "I thought it would be the fastest way. I called him up, told his office it was an emergency, and he said to bring him over, he would fit him in."
The doctor did not charge for the visit, but DeWine said he asked to be billed for the cost of X-rays.
Kirk told The Dispatch that he doesn't know the results of an X-ray taken at Sherrett's office because he doesn't have a home phone and his cell phone was crushed in the accident.
"When I got up (the day after the accident), I wasn't able to make it to work. I was so sore," Kirk said. He said his right ankle and foot were injured.
O'Donnell said she gave Kirk $70 in cash to make up for missing a day's work and bought him lunch.
The next day, Kirk called the attorney general's office seeking payment for missing a second day's work and reimbursement for his cell phone. He suggested he might go to the news media with his story, she said.
At that point, DeWine conferred with attorneys in his office and decided to provide no more help to Kirk.
"They did do a good thing," Kirk said of DeWine's help. "But it's not like I'm asking for a whole lot. I'm just asking for $80 and a new phone."
ajohnson@dispatch.com
If you’re so worried about this punk, why don’t you cough up the $80 and the new phone. You’re about as responsible for his problems as DeWine is.
If I am not mistaken, neither occupation of the perpetrator, nor dollar amount demanded, is specified in the statute that defines blackmail. Perhaps I am blind, though, so would you point them out for me?
State laws vary, but the following is an example of a state blackmail statute: "21-3428. Blackmail. Blackmail is gaining or attempting to gain anything of value or compelling another to act against such person's will, by threatening to communicate accusations or statements about any person that would subject such person or any other person to public ridicule, contempt or degradation. Blackmail is a severity level 7, nonperson felony."
Incorrect. Extortion is threatening bodily harm; blackmail is threatening to reveal embarrassing information.
I find it amusing that DeWine was in control and thrust the medical exam and some money onto the cyclist. But once the cyclist veered from that script he got slapped down
The article said that DeWine stopped after advice from his attorneys. In today's culture, juries wouldn't care about the facts of the collision, they would presume that DeWine must have been guilty of ordering the driver to chase the bicyclist and run him down. The guilt is "proven" by DeWine "not wanting to see it in the press" (must be something to hide) and because DeWine went out of the way to help the cyclist (trying to rip the cyclist off by hoping that seeing his personal Phys he could fix the result and make it look like the cyclist wasn't injured when the cyclists's lawyers doctors say he was massively injured with lifelong disabilities.)
You have people with money, and you have people who are trying to get that money via the mechanism of our court-based lottery
Thanks, Laz.
I don't see what the problem is. He already gave the guy much much more than he needed to. How is that cheap?
And if he is cheap why would that be a problem? We need lots more cheap men in Washington. Maybe that way they'd stop spending our money like drunken sailors
I'm cheap and proud of it! (And, like DeWine, I give more to charity than almost anyone I know personally)
Then you get upset because DeWine won't let himself be blackmailed?
(Jim, Can someone check to see if dennisw's account has been hacked? This just doesn't seem like him at all)
I'm not a lawyer and am not that familar with the terminology but my point was and is that he was getting into criminal territory and I'm pretty sure DeWine's lawyer told him not to pay anymore.
It would not have stopped at $80 and a cell phone. Add to that the fact that Dewine wasn't even the driver and I'm sure he had insurance on that vehicle that would help protect him from the con man.
Like I said, I'm not a lawyer and the bicyclist may not have committed a crime but you can rest assured there will be litigation, DeWine is a target.... If I'm allowed to say that.
Your insistance that someone pay more then they are willing in an act of charity, points out your own poor values. If you thingthat it is so importatnt that the convict cyclist be paid more fork over your own money or shut up.
Meanwhile back in the real world no DA will prosecute a request for $80+ a new cell phone as blackmail. They are too busy
I take it, from your answer, you were unable to identify an occupation, or a dollar amount, that is specified in the legal definition of blackmail.
So you must be in agreement, then, that DeWine was blackmailed.
Somehow I think the fact that DeWine is the sitting Attorney General might influence the decision of whether or not to prosecute.
Threaten Joe Blow, you might get a warning from your local police. Threaten a politician, and you will probably be on close speaking terms with a defense attorney.
I agree with your point. I only wanted you to use the right terms. I'm not a lawyer either but law is a hobby of mine.
(Amusing aside: I actually wrote my first Performance Contract recently, got everyone to sign on, then started to want to back out. I got a contract-specialist attorney to review it, and he told me, 'Good news: You coulda practiced contract law. Bad news: You are screwed, this thing is airtight.' LOL)
YW
You have evidently not given this much thought have you??
Say the AG had listened to the bike guy and left the scene. Then later, what happens when bike guy or a passerby charges the AG with a hit and run?
You hadn't thought things through that far had you?
DeWine will make sure this fool is not prosecuted...... He knows he will only end up with egg on his face
He doth protest too much....and in too much detail.
I think he's having fun pulling everyone's chain.
Leni
Could be. But I’ve seen him doing similar things more andf more, lately. Either he’s changing, or he’s spoofing. I suspect the former.
I’m probably wrong. He’s probably spoofing.
I made my argument that DeWine wanted to CYA so he thrust himself upon this guy who wanted to be left alone. So he does a bit for the dishwasher/ex-con just in case, just to cover his bases even though dishwasher is at fault. He sends a female flunky (paid by your tax dollars) to the dishwasher to take him to his personal physician just so DeWine will be the first to know if the dishwasher/ex-con has a head injury or something else serious
Then DeWine gets to act all offended when the lowly dishwasher asks for $80 plus a new cell phone. You have been sucked in by a politicians kabuki dance. I mean every word here....not putting anyone on
If DeWine was Chuckey Schummer you would see 30 posts agreeing with me. Some calling Schumer a cheap bastard etc
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