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Shoot-out ends in death of cop,suspect
Chicago Sun-Times ^ | BY FRANK MAIN, FRAN SPIELMAN AND ANDREW HERRMANN STAFF REPORTERS

Posted on 03/20/2002 9:02:11 AM PST by nemo

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Maybe the police should have handled things a little better than smashing the guys door in with a sledge hammer.
1 posted on 03/20/2002 9:02:11 AM PST by nemo
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To: nemo
I won't fault the police for this one. By all appearances they did their job correctly. If a person can ignore a subpoena at will, them the court system fails.
2 posted on 03/20/2002 9:06:05 AM PST by Loopy
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To: nemo
Let's see. A citizen owns a home. The government tells him how he is supposed to make use of his own property that he's lived in for 75 years. He tells them that it's his own property and that it's none of their business. This is his right - what is the point of owning property if you can't dispose of it as you wish?

The government responds by sending a man to use force to smash down his door and invade his home.

All the while, Mr. Cruz is negotiating a deal with the citizen which would have (a) respected his property rights and (b) had the same effect that the government wanted - a rehabbed property.

Now two men are dead because the government didn't know when to stop intruding in people's lives and invading their property. A nonviolent, freemarket solution was in the works. But the pencil pushers at the Corporation Counsel (Carol Mosley-Braun's old digs) wanted blood instead of peace.

3 posted on 03/20/2002 9:13:55 AM PST by wideawake
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To: nemo
Maybe the police should have handled things a little better

Well, they issued a subpoena to him back in January and he ignored it. They talked to him through the door for several minutes, and apparently, he ignored their attempts to get him to come quietly. What next? After waiting almost two and a half months for him to comply, should they just sit and wait for him to die or what?

4 posted on 03/20/2002 9:15:47 AM PST by Tennessee_Bob
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To: Loopy
If the court system served you a subpoena because they didn't like the way you cut your grass, would you tolerate it?

Mr. Wolk probably didn't have the money or the savvy to defend his property in court and he knew it. Who was he hurting? Why did he have to submit to a humiliating summons? What purpose is served in harassing a painfully shy old man?

If the system is wasting time and resources on such ridiculous nonsense in a city plagued by real crime and real criminals, then it will inevitably break down whether Mr. Wolk shows up for the charade or not.

5 posted on 03/20/2002 9:19:09 AM PST by wideawake
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To: Tennessee_Bob
What did they want from him in the first place? What were they waiting for?
6 posted on 03/20/2002 9:19:46 AM PST by wideawake
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To: nemo
That was my first thought too.
7 posted on 03/20/2002 9:20:15 AM PST by Joe Hadenuf
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To: Tennessee_Bob
He is obviously not right, mentally speaking. This was handled terribly. Mental illness is not an excuse to kill, but neither is intruding in someones home acceptable.
8 posted on 03/20/2002 9:24:10 AM PST by Howlin' Hooligan
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To: Loopy
If a person can ignore a subpoena at will, them the court system fails.

Court system? We have millions upon millions of criminal illegal aliens running all over our streets. The courts don't seem too concerned about these criminals, do they?

9 posted on 03/20/2002 9:24:47 AM PST by Joe Hadenuf
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To: Loopy
Given the fact that Henry A. Wolk had owned the house he made his home in and that he did not like other people arbitarily telling him what to do (based upon the inspectors reports they were clearly trespassing upon his property without a valid search warrant) this one goes into the whack em and stack em file.

The officer serving an arrest warrant was doing his job, the courts were doing their job and two men are dead unnecisarily becuase of a system that is in total disregard of the fundamental law of the land.

A housing court should not have any power over non rental property. It was his private property and the inspectors and courts levied fined against him totaling iver $14,000 without benefit of a jury trial. That house we may presume was held in fee simple by Mr. Wolk. How he maintained or did not maintain his property was nobody's business but his. He was not directly harming any of his neighbors and since he did not like strangers on his property they should have kept the H#ll out. Like I said two men are dead. Two people dead over 29 housibng code violations found last July.

"[I]nspectors found a rotting porch, missing stairs, missing gutters, torn siding, a collapsed porch and other dangers." Given the conditions in much of Chicago's less pleasent neighborhoods where landlords have a duty to tennants to maintain rental housing on the market (a case for the state regulation of commerce and a case of acting upon a tennant complaint) there is much more to this story than meets the eye. There is also a cse that can be made about excessive fines and unreasonable time limits imposed on Mr. Wolk. Of couse his greatest crime was he just wanted to be left alone by stangers. We can not have that after all it takes a village.

10 posted on 03/20/2002 9:27:54 AM PST by harpseal
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To: nemo
Another case of "Hi I'm from the government and I'm here to help you!"
11 posted on 03/20/2002 9:28:09 AM PST by Crusader21stCentury
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To: nemo
Law enforcement officers, WEAR THE DAMNED VEST! Unless the head shot was first, he probably could have returned fire and survived the encounter.
12 posted on 03/20/2002 9:30:15 AM PST by JimRed
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To: Tennessee_Bob
What next? After waiting almost two and a half months for him to comply, should they just sit and wait for him to die or what?

Yes. If the government can give visas to two terrorists 6 months after they died, then the government can wait 10 or 20 years for Wolk to die.

13 posted on 03/20/2002 9:31:57 AM PST by Frohickey
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To: Loopy
I won't fault the police for this one.

I should hope not; that's mighty big of you.

14 posted on 03/20/2002 9:34:09 AM PST by arm958
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To: Howlin' Hooligan
He is obviously not right, mentally speaking. This was handled terribly. Mental illness is not an excuse to kill, but neither is intruding in someones home acceptable.

Who is the judge of being mentally right? Here was a 77 year old man, peaceful, but stubborn. Here was a cop that broke into his house, even if he had a court summons, its still breaking into this 77 year old man's house. So, the old man did what he did and tried to protect his hearth/home. It took someone else's actions to initiate this old man response.

15 posted on 03/20/2002 9:34:46 AM PST by Frohickey
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To: wideawake
After neighbors complained to the city, inspectors found a rotting porch, missing stairs, missing gutters, torn siding, a collapsed porch and other dangers.

Sounds like his house was becoming a nuisance to his neighbors.

It also sounds like this guy really needed help, not a subpoena to come to court. But if someone won't come out, what do you do...? This one's a stumper, folks...

Too bad for the cop, though. Probably wasn't a good idea to break down the door with a sledgehammer, although he did have a warrant. I'm torn; I can see both sides of this one.

16 posted on 03/20/2002 9:37:17 AM PST by Henrietta
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To: nemo
Marquez was not wearing a bulletproof vest when he was shot, officials said.

The department policy is for officers on patrol or street duty to wear them, said John Thomas, first deputy superintendent. The department will review its policy on vests in light of Marquez's shooting, he said.

Why review the policy when enforcing the policy seems to be the answer?

17 posted on 03/20/2002 9:38:19 AM PST by arm958
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To: wideawake
What did they want from him in the first place? What were they waiting for?

From the article posted above:

Wolk's case dates to July when the city found 29 violations of the housing code at his two-story brick home in the 2400 block of North Avers, records show. After neighbors complained to the city, inspectors found a rotting porch, missing stairs, missing gutters, torn siding, a collapsed porch and other dangers.

Wolk was fined $14,500 on Oct. 16. He failed to show up for six court hearings. On Jan. 15, a judge issued a "body attachment" calling for police to take him into custody and use force if necessary.

Ald. Vilma Colom (35th) said her office tried for more than a year to deal with Wolk. She said she tried to tell him about city programs that could have provided money for repairs.


18 posted on 03/20/2002 9:38:29 AM PST by Tennessee_Bob
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To: nemo
I can't tell you how many times I've seen this scenario played out in Boston.

Usually the elderly person is taken into protective custody and hauled off to a nursing home and sedated while city inspectors loot the place of cash and valubles; then the dumpster shows up and some contractor cousin of another city employee throws a lifetime's worth of possessions away and boards up the property; they lien the property for the work and scoop the real estate through a court appointed "guardian" (usually a politically wired attorney).

19 posted on 03/20/2002 9:38:52 AM PST by ninonitti
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To: nemo
About 10 p.m., Marquez knocked on the door, then pleaded with Wolk to go peacefully. Finally, he broke down Wolk's apartment door with a sledgehammer.

Could some of you defending the cops on this case, explain to me why they were serving the summons in the dark of night? with a sledgehammer?

Something doesn't smell right on this.

20 posted on 03/20/2002 9:41:20 AM PST by TC Rider
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