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Twenty-three year old man shot dead by police in a marijuana raid
Dayton Daily News ^ | 10/01/02 | Cathy Mong

Posted on 10/01/2002 7:16:59 AM PDT by Phantom Lord

Dozens protest Preble County police shooting

Slain man’s roommates say he was unarmed

EATON | Preble County law-enforcement officials declined to talk publicly Monday as they turned information about Friday's fatal shooting by a police officer of a 23-year-old man over to detectives from the Montgomery County Sheriff's Office.

Montgomery County investigators, called in by Preble County Sheriff Tom Hayes, also said they would not talk about their review of the shooting by a member of a Preble County's emergency services group — officers from a number of police departments who are trained to handle drownings and hostage and other situations.

However, it was anything but quiet outside the Preble County Courthouse, where dozens of friends and relatives picketed and said that police were covering up what happened to Clayton Jacob Helriggle, 23, of 1282 Ohio 503 South.

The protesters disputed police claims that Helriggle had a gun when he descended a stairwell and was shot by a Lewisburg police officer, whose identity has not been released. Friends and relatives on Monday carried blue plastic cups similar to the one they said Helriggle had in his hand Friday night.

Among the protesters were four of Helriggle's roommates, three of whom said they were inside the brick farmhouse when police stormed the house to serve a warrant to search for narcotics.

Maj. Wayne Simpson of the Preble County Sheriff's Office declined to discuss information about what happened Friday night and said a report on the shooting of the Preble County man had not been completed. Preble County Prosecutor Rebecca Ferguson said she sealed the search warrant after the shooting, and had no comment regarding the investigation.

"They're a professional group of officers, that's what their job is, and I'm not going to second-guess them. Whatever (Montgomery County officials) come up with, they come up with," Ferguson said.

Friends called Helriggle "peaceful and nonviolent," but police said the 1997 Twin Valley South High School graduate held a 9 mm handgun, not a blue cup, in his right hand when he descended the dimly lighted stairs. Roommates said Helriggle owned a 9 mm gun, but that it was upstairs when police entered their house.

"It's like we were armed, hardened criminals waiting inside to take them on," said Wes Bradley, 26, who lived in the bottom of the six-bedroom farmhouse with his girlfriend, 22-year-old Tasha Webster.

Bradley said he and Webster were near the kitchen next to the stairs, when officers "broke through the back door with battering rams and started throwing in flash grenades three at a time, to blind us."

The officers wore full body armor and carried shields, he said.

Another roommate, Ian Albert, said he had returned home from the grocery store with Chris Elmore, 24, who remained outside while Albert ran into the house.

"We saw at least two paddy wagon-type vehicles, like a SWAT bus," Elmore said. "About 30 officers stormed out of the woods" surrounding the farmhouse. "They'd cut the barbed wire, and you could see a staging area, like where 25 to 30 uniformed cops had been lying down and slithered along the grass."

Officers ordered Elmore to get on the ground, and he said he heard three pops, which he said could have been the flash grenades and gunshot.

"I yelled 'Nobody's armed,' and they told me, 'Shut up, shut up.' ”

Elmore described the action "like a movie, in slow motion."

Inside, Albert said, the police threw him against the staircase, "with my head on the second step up. I wanted to yell at Clay, but I looked up and saw him, rounding the stairway, and he had this look on his face, like, 'What's going on?' and the cops yelled, 'Get down' and then 'boom.' ”

Albert, who completed four months of Navy Seal training, said he reached up for Helriggle, "and I tried to apply pressure," he said, placing his left palm on his right chest, where Helriggle was struck by the gunshot.

"He died in my arms," he said. "It took about two minutes."

Albert said he was placed in a sheriff's car, and Helriggle's parents arrived.

"They saw me, drenched in Clay's blood, and they ask me, 'Is he all right?' and I just shook my head. The cops are smoking and joking, high-fiving each other. Wow, I think, they took down a farm of unarmed hippies.

"If they would have come to the door and said, 'Give us your dope, hippies,' we'd have gotten about a $100 ticket."

Police said they confiscated a small amount of marijuana, pills, drug paraphernalia and quantities of packaging items used in the distribution of marijuana.

The four roommates said they smoke marijuana from time to time and that they had marijuana pipes in the house. Bradley said he had a prescription for Fiorocet, a codeinelike painkiller, for a bad knee. They said the packaging police referred to was a box of plastic sandwich bags.

Webster said there was nothing in the house "that a good divorce lawyer couldn't have gotten us out on a misdemeanor," and said an old shotgun and a .22-caliber rifle found there were used for hunting.

"We target-practiced outside all the time, shot at bales of hay, jugs, that sort of thing," Webster said.

Bradley and Webster said Helriggle took a nap around 5 p.m. and had made plans to meet his girlfriend later.

"I'm not sure if he woke up from the bashing on the door or what," Bradley said.

All four said they were not read their rights or told what charges were filed against them. They were released from the Preble County Jail around 1:30 a.m. Saturday. No criminal charges have been filed.

Nancy Fahrenholz, the daughter of Everett "Bill" Fahrenholz, an attorney and former country prosecutor, hugged Bradley on Monday at the courthouse. Helriggle and five roommates rented the house from the Fahrenholzes.

"I'm so sorry," said Fahrenholz, a Rhode Island resident in the area to finish up the estate of her father, Bill Fahrenholz, who died a month ago.

"(Dad) would have been furious at this," she said. "We're all very distressed."

She said Helriggle "was a really nice guy," and that her family was pleased with the five young people's work on rehabilitating the farmhouse.

Helriggle's 77-year-old grandfather, Donald, a Miamisburg resident and Ohio Bell retiree, said his grandson rented the farmhouse "so they could play their instruments, listen to their music and drink a little beer. . . . They just wanted to be doing what 23-year-olds do."


TOPICS: Government; News/Current Events; US: Ohio
KEYWORDS: 762mmbuzz; anotherwodsuccess; blindcops; bspressrelease; c4onthedoor; choiceobeyorpay; dontbogartthatmp5; doperbitesdust; doperwhinefest; druggestapo; druggiemeetdarwin; drugsbaddopersworse; ernestisafool; genepoolcleaner; governmentkilling; gubmintextremists; hippiedoperjustice; jackbootedthug; liberdopiansagain; libertarians; mj; obeythelaworpay; onemanwaco; osaycanyouthc; police; potsmokingnerd; shooting; spiketraps; sssssssmokin; statistgoonsalert; swat; thelawisthelaw; theweedsofstupidity; tookbongtogunfite; wackyterbacky; whineyhineydrugies; wod; wodcirclejerk; wodlist
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To: Roscoe
Exactly. Beer and wine were legal. Now, who was given the power of defining "intoxicating liquor?"

Bzzt, WRONG. Beer and wine could be made at home for personal use, but could NOT be manufactured for public consumption nor transported or sold.

A few references to that ..

BUFFALO, NY DURING THE DRY YEARS

AUTHORITIES INVADE FISHER STREET HOME, SEIZE LIQUOR

401 posted on 10/02/2002 4:03:39 PM PDT by FormerLurker
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To: Roscoe
It isn't reasonably possible to make the distinction between the two, as a general rule.

Even when it is possible to make the distinction, it isn't made, and the entire premise relies on that distinction never being made.

402 posted on 10/02/2002 4:08:30 PM PDT by tacticalogic
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To: Roscoe
In practice, enforcement efforts aren't directed toward personal users with a closet growlight.

Tell that to the thousands of people serving time for that very "offense"...

403 posted on 10/02/2002 4:11:04 PM PDT by FormerLurker
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To: coloradan
proof that misinformation gets out no matter how hard one fights it. My great aunt lived a long healthy life and died at age 106. She smoked 1-2 packs a day from the time she was a teenager and died of natural causes. No cancer. No diseases. And she's not an exception to the rule. The exception to the rule is the small percentage of people that are harmed by comparison to the massive numbers of smokers around the world. Sugar is a mind altering drug, let's ban it. NoT. See there is a difference in many of these things. Too much coffee doesn't make people go rob their neighbors blind to maintain the habit. Nor does it cause people to rob banks or stick guns in the noses of gas station attendants to pay for the next dime bag. Drugs are dangerous things. They destroy brain cells and cause what many lovingly call burnouts - people who have the thought capacity of the average butt splinter and the personality of a stunned cow - or worse. Drug addiction is not a little thing. Nor is it a harmless thing. And I can tell you from experience of seeing what it has done to friends and even an ex-girlfriend or two. I dated a meth addict for a while not realizing she was one at the start. It was a hidden thing. Her kids didn't have good meals and were lugged about from one home to the next for a long time before she ended up with me - all of which I found out after the fact. She sponged off of people, used and abused them and walked over anyone in her way. All her money went to meth. Her kids ate what I provided or struggled by on cheetos and cheerios when not in my company because she couldn't afford to take care of them and be high. Marijuana is not without it's problems either. And people who try to downplay it are liars at best. Drugs are bad news - and so are the people who take them. That's why they are illegal and should remain so.
404 posted on 10/02/2002 4:12:31 PM PDT by Havoc
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To: Havoc
a sad sad story yet if you lump marijuana in with"Hardcore" drugs like meth and coke and horse you have to add alcohal and nicotine. because out of all the above only marajuana is non lethal .
405 posted on 10/02/2002 4:43:16 PM PDT by gdc61
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To: Wiser now
And you judge people by how they dress, why?
406 posted on 10/02/2002 4:50:33 PM PDT by Lord_Baltar
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To: Havoc
proof that misinformation gets out no matter how hard one fights it. My great aunt lived a long healthy life and died at age 106. She smoked 1-2 packs a day from the time she was a teenager and died of natural causes. No cancer. No diseases. And she's not an exception to the rule.

No, but this is anecdotal evidence. Notwithstanding your great aunt's experience, and that of perennial cigar smoker George Burns's, hundreds of thousands of people die each year of lung cancer, emphesyma, throat cancer, etc, who are smokers, in a way very disproportionate to non-smokers. On a similar note, there are huge numbers of anecdotal cases about drug users who don't steal, who don't harm others, and who don't mess up anyone's lives, including their own. But tobacco and alcohol are legal, and these other drugs aren't.

The exception to the rule is the small percentage of people that are harmed by comparison to the massive numbers of smokers around the world.

But even a small percentage is a lot of people when there are many millions of smokers. So my statement about more harm from tobacco compared to drug use still stands.

Sugar is a mind altering drug, let's ban it. NoT.

I don't advocate any prohibition - I don't even think tobacco should be banned. It's dangerous, and if you smoke it you might get cancer or some other lung disease. That's your choice and you are welcome to it. (Just don't make me pay for your health care.)

See there is a difference in many of these things. Too much coffee doesn't make people go rob their neighbors blind to maintain the habit. Nor does it cause people to rob banks or stick guns in the noses of gas station attendants to pay for the next dime bag.

Neither does pot ... though the prohibition might well accomplish this. People were murdered during the Prohibition, but the murder rate dropped when it was repealed. Were the deaths during the Prohibition because of alcohol, or because of the Prohibition? The fact that it dropped right after its repeal strongly implies the latter. And so it is with pot, and all the other drugs. Besides, pot is easy to grow. Why would people hold up gas stations for their next dime bag, if they could grow it without fear of being murdered by the police as in this case here? It's a weed, it doesn't take a rocket scientist to grow it.

Drugs are dangerous things.

So are guns, cars, ladders, bicycles, matches, and knives. Shall we ban them, and lock up each person in a padded cell "for their protection?" Or shall we decide to live in a free country and let people make choices, including dangerous choices, and live or die by their own decisions? I prefer the latter.

They destroy brain cells and cause what many lovingly call burnouts - people who have the thought capacity of the average butt splinter and the personality of a stunned cow - or worse.

Jackbooted SWAT thugs also destroy brain cells when they shoot people in the head - and sometimes they do this to people who weren't doing drugs at all, because they can't even write the correct number on their no-knock raid warrant. At least the druggies shoose for themselves to live as stunned cows. Those murdered by the jackbooted thugs didn't have that choice.

Drug addiction is not a little thing. Nor is it a harmless thing.

Neither is smoking, or being an alcoholic. Yet these things are legal, and drugs aren't. By the numbers the former are a lot more dangerous, so harm reduction clearly isn't the intention of the law.

And I can tell you from experience of seeing what it has done to friends and even an ex-girlfriend or two. I dated a meth addict for a while not realizing she was one at the start. It was a hidden thing. Her kids didn't have good meals and were lugged about from one home to the next for a long time before she ended up with me - all of which I found out after the fact. She sponged off of people, used and abused them and walked over anyone in her way. All her money went to meth. Her kids ate what I provided or struggled by on cheetos and cheerios when not in my company because she couldn't afford to take care of them and be high.

There are kids with this sorry fate whose parents are drinkers too, except that the children of alcoholics also tend to get beaten as well. Yet alcohol is legal and meth isn't.

Marijuana is not without it's problems either. And people who try to downplay it are liars at best. Drugs are bad news - and so are the people who take them. That's why they are illegal and should remain so.

Every argument you have made about pot can be made even more strongly about alcohol, yet the Prohibition of alcohol was a complete disaster with far-reaching negative consequences, including the establishment of the Mafia and of the Kennedy family in politics. The War on (some) Drugs is an even bigger disaster, in terms of expense, lives lost or destroyed, rights lost, and expansion of federal powers. Compared to the cost of having a few people decide they would rather be stunned cows, the drug war is incomprehensibly more destructive. And yet you support it.

407 posted on 10/02/2002 4:57:25 PM PDT by coloradan
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To: coloradan
do you ever feel like you talking to a wall?
408 posted on 10/02/2002 5:27:51 PM PDT by gdc61
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To: Roscoe
Sorry, I can't hear the voices in your head.

Drowned out by the ringing emptiness between your ears, is it?

409 posted on 10/02/2002 6:14:27 PM PDT by Hemingway's Ghost
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To: Havoc
Sorry Havoc, your defence of Tobacco notwithstanding, I don't think many Doctors would agree with your empirical evidence as proof of Tobacco's harmlessness.

Thank the Lord for your Grandmother being spared the varied cancer and other diseases caused by smoking. However, don't try to use her blessings as evidence.

If you wish to be consistent, by your own logic regarding tobacco (Millions of users, small percentage of death) then you should have nothing against Marijuana..

BTW, Nicotine is a mind altering chemical. Don't agree? Watch people trying to quit smoking WITHOUT Zyban, Nicoderm Patches, or that putrid gum. It isn't pretty...
410 posted on 10/02/2002 6:17:00 PM PDT by Lord_Baltar
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To: Roscoe
BTW, here's another cite for your "con law" class at the back of the trailer park.

Should Google or Lexus-Nexus ever break down, surely you could substitute as a manual replacement until the software can be repaired. But pertinency is definitely a challenge for you.

411 posted on 10/02/2002 6:17:34 PM PDT by Hemingway's Ghost
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To: avenir
LOL! Life isn't fair, is it?

Most certainly not.

412 posted on 10/02/2002 6:21:24 PM PDT by Hemingway's Ghost
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To: Lord_Baltar
Brother, I'm in liberal haven or something. Never thought I'd see the day that drug legalization would be taken seriously on a conservative forum. I've heard fantasy stories about how how pot makes the world a brighter place; but, in every instance I've seen it in use, it has wrought nothing but evil and destruction to the lives of those using it. But I'm sure that none of us here who herald the
upholding of the law would be using the stuff and then spouting it's praises while condemning the dims for breaking the law in Jersey. Relativism at its finest I should think. I'm done here.
413 posted on 10/02/2002 6:33:55 PM PDT by Havoc
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To: FormerLurker
"Beer and wine could be made at home for personal use, but could NOT be manufactured for public consumption nor transported or sold." -- FormerLurker

Oh?

"During Prohibition, certain activities were sanctioned, including home winemaking and wineries being allowed to make sacramental wines. During this period, wine consumption actually increased."

http://eat.epicurious.com/dictionary/wine/index.ssf?DEF_ID=2402&ISWINE=T
414 posted on 10/02/2002 7:05:00 PM PDT by Roscoe
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To: FormerLurker
BUT Roscoe"

In 1919 supporters of prohibition outnumbered opponents. In 1933 they did not.

Not very hard to understand.

415 posted on 10/02/2002 7:06:46 PM PDT by Roscoe
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To: tacticalogic
Penalties may increase with quantity, but the charge will be the same

Source?

416 posted on 10/02/2002 7:07:41 PM PDT by Roscoe
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To: tacticalogic
Prohition based on Commerce Clause authority, and assuming criminal intent to sell in interstate commerce based on simple posession does not.

That's your assertion. Where's your support?

417 posted on 10/02/2002 7:08:43 PM PDT by Roscoe
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To: tacticalogic
Even when it is possible to make the distinction, it isn't made

Oh? What about Steve Kubby?

418 posted on 10/02/2002 7:09:31 PM PDT by Roscoe
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To: FormerLurker
Tell that to the thousands of people serving time for that very "offense"...

No source, of course.

419 posted on 10/02/2002 7:10:10 PM PDT by Roscoe
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To: Roscoe
"During Prohibition, certain activities were sanctioned, including home winemaking and wineries being allowed to make sacramental wines. During this period, wine consumption actually increased."

That didn't make beer and wine legal per se. That only allowed individuals to home brew for personal consumption and exempted the Church in order to continue to allow the use of wine in the Sacrament of Communion.

Sort of like the "medicinal marijuana" exemptions for California residents that the US government has such a hard time with...

420 posted on 10/02/2002 7:10:22 PM PDT by FormerLurker
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