Friday, September 24, 2010

Columbia family sues city over February SWAT raid

A Columbia family filed suit against the city of Columbia, the Columbia Police Department and several police officers Monday for damages related to a February SWAT raid at their home in which their dog was shot and killed.

The family's attorney Milt Harper said Jonathan and Brittany Whitworth are suing the city because police improperly executed a search warrant on their Columbia home.

In February, SWAT officers raided the Whitworth’s home in the 1500 block of Kinloch Court. According to a CPD news release, officers suspected the home contained large amounts of marijuana and drug paraphanelia. The news release stated officers found only drug paraphernalia and a small amount of marijuana residue.

The news release also stated officers shot and killed one of the family’s two dogs and wounded another.

According to the lawsuit, SWAT officers ordered Jonathan Whitworth to the ground, and his wife and their 7-year-old son were ordered to sit in the front entryway of their home.

According to the lawsuit, Brittany Whitworth and her son were in plain sight of the dog that had been killed.

“This undoubtedly caused major trauma to their 7-year-old son,” Harper said. “He had to witness his pet being murdered.”

The lawsuit accuses one of the SWAT team members of kicking Jonathan Whitworth.

Shortly after the raid, The Columbia Daily Tribune requested video of the raid taken by the SWAT team be released as a public record. The video was released and posted online after misdemeanor charges against Jonathan Whitworth were resolved.

More than 1 million people viewed video of the raid on YouTube, and the tape was featured on national news shows such as "The O’Reilly Factor."

“The outrage about the video was due to misconstrued information,” CPD spokeswoman Jessie Haden said. “People began to post it on YouTube and due to the poor quality of video, people imagined things they saw.”

Harper said the basis for the suit is the misconduct exhibited when executing the search warrant, but there are several other reasons for the suit.

“We are seeking a financial award for the damages caused to the Whitworth home, and the veterinary costs of the deceased pet,” he said.

CPD Chief Ken Burton issued a statement about the raid shortly after the video was released, saying the SWAT officers acted within the law, but waiting for days after obtaining a warrant and then using dynamic entry to serve it is unacceptable.

Harper said the department also never apologized to the family for killing the dog.

“The police department did not issue a statement, a call or apologize in any form for its actions,” Harper said. “They did not even acknowledge that they were inappropriate to fire shots into the Whitworth home. They’re lucky they didn’t shoot the child, or even one of their fellow officers.”

Haden said the department never apologized because the Whitworth family never filed a claim with the city.

“If they had come to the city asking for restitutions for damage to their home, veterinary bills and doctor bills for their child, all we would have had to do is clear it with (Chief Burton),” Haden said. “It is very likely that we probably would’ve paid for such nominal damages.”

The Citizens Police Review Board reviewed the case over the summer and decided not to take action. Haden said this was because the CPRB, while reviewing the case, voted 4-3 on multiple occasions that the officers’ actions were proper according to procedure.

Wednesday, September 15, 2010

TV task force sends City Council complaints

In a July letter to the Columbia City Council, the Columbia Cable Television Task Force presented its complaints. According to the letter, the task force is dissatisfied with pricing and customer service and that public access, education and government channels are not available to everyone.

"The problem is, the state last year took power from local governments to approve franchising agreements," Fifth Ward Councilwoman Laura Nauser said.

That change in the law limited the city's options for dealing with the complaints. The state is now responsible for regulating the fees the cable companies charge.

Although the city might not be able to do much about the complaints, Second Ward Councilman Jason Thornhill said it is good to know how residents feel, so they can at least be aware of the problems they are faced with.

The task force was assembled in 2003 to deal with problems the community was facing from cable companies MediaCom and Charter Communications, but the group has less power since the law changed.

In its letter to the Council, the task force said it hoped the city would send out a news release explaining why Columbia can't fix the situation. The task force asked the City Council to urge residents to contact the state and voice their dissatisfaction.

"(The task force) recommends that citizens contact their legislators about the situation and consider another source of television," task force member Marty Riback said in the letter.

Nauser said that the most effective thing Columbia residents can do is to file complaints with the Missouri Public Service Commission -- the state agency that regulates cable television companies.

"All we can do for the unhappy citizens is redirect them to the state," Nauser said. "Hopefully, if enough people complain, the state can do something about it."

Mediacom and Charter Communications did not respond to a request for comment by publication. Mediacom's Vice-President of Legal and Public Affairs Tom Larsen said Mediacom is aware of the problems. He doesn't see the letter as a list of complaints for his company, though.

"They are simply expressing their frustration with the change in law," he said.

Larsen said channel owners set the pricing and there is nothing the cable company can do about that.

"Viacom, owners of MTV and other popular channels set the prices for their broadcast," he said. "We simply resell a product."

The overall choice of programming was another issue the task force identified.

"Content is chosen by companies like Viacom," Larsen said. "We have been pushing to get more digital content in HD because that is where television is heading."

Mediacom has plans to assess the complaints. It is in the process of getting the system to handle more HD. The entire system has been under upgrade for the past year, and Larsen said that is what caused many of the outages.

"I sympathize with the customers," Larsen said. "We understand their frustration with the outages, but the customer has to understand that we are doing this to make the service better as a whole."

The yearlong revamping of the system is scheduled to finish sometime next week.

Missouri Cross Country team places 3 in top 5 at home meet

The Missouri Cross Country team held its only home meet of the season Saturday, and did so with a strong performance. The team hosted Kansas, UM-Kansas City and Stephens College at A.L. Gustin Golf Course. The women's team did particularly well with three runners finishing inside the top five, including the top finish in the women's meet.

"I am so happy for our team as a whole," first-place winner Kaitie Vanatta said. "It's an early meet, and I think we really set the tone for the season."

On the men's side of things, five runners finished inside of the top 25. Sophomore Max Storms, who took eigth, recorded the top finish for the men. Storms put up an impressive time of 26:26. A few new faces, including freshman Merid Seleshi and Hayden Legg, who took 14th and 23rd respectively, also aided the team.

The biggest story of the day was redshirt junior Aaron Dixon. An 800-meter runner, Dixon likes to use cross country as a way to train himself in the offseason. This season, Dixon challenged himself to make the cross country team and be a competitor in meets. He made a good start on his goal, claiming a 13th place finish with a time of 27 minutes.

"I'm very happy with my performance," Dixon said. "It's a personal record, and to do it on this course is exciting."

The runners were in consensus about the difficulty of the course. The course at A.L. Gustin Golf Course is known for it's many rolling hills. It begins with a downhill slope, and the hills immediately begin. 3.2 miles into the course there is an 800-meter-long hill to climb.

"We invite other teams here and they are really intimidated by what they see, especially the hill," coach Rebecca Wilmes said.

The runners were all fatigued after the event and had much to say about the difficulty of the course. Dixon said the big hill was what was the hardest, and that he underestimated how big it truly is.

Dixon also joked about the task of running the course.

"That was the hardest course I have ever ran," Dixon said. "I'd rather have a kidney stone than do that again."

It rained for much of the morning before the meet and the course was wet when the runners stepped up to the line. To Wilmes, that was not a problem.

"In cross, they all have to run the same course," Wilmes said. "It's a level playing field."

The runners also weren't worried about the course conditions. Seleshi said there were some soft spots to watch out for, but overall the weather was great.

As a program, they did well for the first meet of the season. Runners and coaches alike were pleased with the performance, but admitted they have a lot to work on.

"We need to work together and push each other," sophomore Megan Kowalik said. "That's what it's all about."

Dixon graded the team's performance as a "solid B." He cited his reasoning for the grade as the fact that his runners simply could have done better.

"We had to sideline some guys because of injury," Dixon said. "That makes it hard to go out and do your best when you can't put your best out there."

Wilmes spoke about the program needing to close gaps between teammates. She wanted the team to run in small groups and avoid having stragglers. Doing that, she said, will lead to a better overall performance for the program.

The Tigers will continue their season Oct. 2 at the Greater Louisville Cross Country Challenge in Louisville, Ky.

String of vehicular theft continues

Columbia Police have seen a rapid increase in the number of items reported stolen from vehicles in the past week.

According to a Columbia Police Department news release, officers investigated two cases where items were reported stolen from cars parked at the Academy of Fine Arts, located at 3210 South Providence Road. The thefts reportedly occurred at about 7:30 a.m.

“The items were unable to be recovered and no suspect has been found at this time,” CPD spokeswoman Jessie Haden said.

The string of thefts continued later on Sept. 8. At roughly 5:30 p.m., officers were called to investigate three separate reports of vehicular theft. All three cars were parked in the parking lot of Jazzercise, at 120 East Nifong Blvd.

The next day, Sept. 9, officers were called to Green Meadow Day Care, where a resident spoke of another theft.

The reason for the large and sudden increase in thefts is believed to be the weather.

“This time of year, theft rates always increase because people want to leave their windows down so their car won’t get hot or because they think they can leave for just a moment without locking their cars,” Haden said.

She also said police are advising residents to lock their vehicles, as all of the reported cases involved unlocked cars. Another tip she offered was to secure items of value and keep them out of sight of passersby.

“Criminals are more likely to break into a car if they know for sure there is something of value to take,” Haden said.

CPD is stressing that these are the only things that can be done.

According to a news release, the most popular items stolen were purses because of their contents: wallets, money and identification.

The police have developed multiple leads. One officer recognized the suspect’s vehicle to be a 2010 black Chevrolet Tahoe with dark tinted windows. On Sept. 11, a Columbia resident said he saw a vehicle that fit the description at a business just outside of city limits.

Haden said the citizen was a little concerned upon seeing the Tahoe and his concern elevated when he saw the passenger walk out to the car and switch its current Tennessee license plates for Missouri ones.

At that point, he called the police and told them what he had witnessed. The police believe the string of thefts to be the work of a local identity theft gang known as the Felony Lane Gang.

“We urge anyone who may have information to call Crime Stoppers at 875-TIPS,” Haden said in the news release. “It is our main priority that no one else be victimized.”

Friday, September 10, 2010

'Generation Me' author speaks with students

“Generation Me” author Jean Twenge visited MU and Columbia this past week and took part in a series of events, beginning with a book signing at the University Bookstore and ending with a lecture Thursday where she also answered readers’ questions at Jesse Auditorium.

“Generation Me,” the Mizzou Reads selection for 2010, concerns those aged seven to 36 years. In the book, Twenge discusses how “Generation Me” has been taught they were “special” from birth, which leads to narcissism, loneliness and ultimately depression.

Some students said they disagreed with what Twenge had to say about their generation.

“I don’t think she was right in classifying all of us as depressed,” freshman Courtney Watkins said. “I think I’m a pretty happy person and it offended me when I read that.”

Even with the general negative opinion on the book, attendance at her lecture was quite robust. Many of the students present at the lecture were those who had previously said they did not enjoy the book. Twenge attempted to win them back over to her side during her lecture.

“The book was interesting at parts but wasn’t a good read,” freshman April Keel said. “She did a great job of backing up her facts in the presentation with current information.”

The use of outdated statistics was a big problem with Twenge’s book, Keel said.

Twenge elected to focus on the content discussed in the book rather than the the writing process. The main point she focused on was narcissism, what leads to it and why it is a detrimental quality. Twenge stressed self-esteem as a good thing, but only if used as a “tool” rather than as a lifestyle.

“Self-esteem does not lead to great things, great things lead to high self-esteem,” Twenge said. “Excessive self-esteem can be bad because of the consequences of an unrealistic view.”

The difference between self-esteem and more severe and negative narcissism was a focal point in her lecture. Twenge said narcissism is excessively high self-esteem, so much so that the subject becomes completely self-involved. Twenge stressed that in life, narcissists do not go far.

“Everyone gets a trophy in children's sports now,” Twenge said. “In schools they even sing a song called, ‘I Am Special,’ set to the tune of 'Frère Jacques.' We are just furthering the narcissistic behavior in children.”

At the close of the lecture, Twenge broadened her theories to all ages and related her presentation to her latest book, “The Narcissistic Epidemic.” She used social networking as evidence to support her claim that narcissism is an epidemic.

“Facebook is a good thing in general,” she said. “It can, however, lead to narcissism. People who spend 15 minutes on Facebook score much higher in narcissism studies than someone who spends 15 minutes on Google Maps.”

Twenge exited after a brief question-and-answer session. Before her departure, she left the audience with a parting question: does the world change for the generation or does the generation change for the world? The audience stayed silent for a moment in response.

The audience was not limited to MU students and faculty.

“I would give her a 10 out of 10,” Columbia resident Libby Gill said. “That was about the best lecture by a professor you will ever see.”

The respect was echoed by Keel.

“You have to appreciate all the research she did,” Keel said. “She spent so many countless hours pouring over studies, and it really made for a great presentation.”

Council votes on utility hikes, Maryland Ave. name change

Columbia residents gathered Tuesday at City Hall to show their support for several issues, with the city’s budget dominating the proceedings.

The council originally had set aside $4,000 in its budget for the Citizens Police Review Board, but several people at the meeting asked the Council to give the CPRB more money.

"I feel that this organization has worked so hard to form, and to give them $4,000 to work with, well, that would just be inappropriate," Columbia attorney David Smith said.

The CPRB had asked for $10,000, mainly to hire private investigators for some cases.

CPRB Vice Chairman James Martin echoed Smith’s sentiments, citing the need for investigators.

"We need to hire these investigators," Martin said. "Not having a professional investigator can hurt your case's credibility."

Smith added that investigators are not necessary for all cases, but in the event they are used they could cost between $300 and $400 per case.

Second Ward City Councilman Jason Thornhill estimated the costs of investigators for eight cases spanning one year and reasoned that with the cost of the investigators and other necessary expenses, the CPRB would need about $8,700. Other members of the council voiced their support for Thornhill's motion to amend the budget to allow the increase in funding.

"In these times it is important that we do not underfund this project," First Councilman Paul Sturtz said. "It is giving citizens trust in their police department."

When the motion went up for vote, it passed 6-1. Mayor Bob McDavid said he felt "uneasy" about the decision. He was the sole dissenting vote.

The council also discussed several utility rate increases.

McDavid said there would be a 3 percent increase in the electric rates, even though the city likely won't see any cost increases. He then proposed

Saturday, September 4, 2010

Mizzou vs. Illinois recap

The Mizzou Tigers always seem to find a way to win. The Tigers took the sixth, and final Arch Rivalry game 23-13, sweeping Illinois in the series. They played a poor first half offensively versus the Illini but stepped up big in the second half, scoring 20 unanswered points. Junior Quarterback Blaine Gabbert threw for 281 yards with two touchdowns, while completing 70.8% of his passes. He threw zero interceptions en route to those numbers.
Gabbert’s primary target was Sophomore receiver T.J. Moe. Moe caught 13 passes for 101 yards and caught the crucial touchdown that put the Tigers in the lead, one that they would never relinquish.
The Tigers struggled early to replace suspended Running Back Derrick Washington, and ended the game with only 122 total rushing yards. Team rushing leader De’Vion Moore had 82 yards. The Illini could not stop the multi-dimensional rushing attack, which seemed to be represented by a singular play.
The Tigers defense was stout throughout the entire game and at times they rose above average and made some key stops.
The game-changer was Cornerback Carl Gettis. Gettis contributed to the Tiger victory in multiple ways as a cornerback, return man, and in kick coverage. He finished the day with 4 tackles, and one vital interception. The numbers don’t represent the effort he put in today. He stopped a punt on the one-yard line, which forced the Illini offense to drive 99 and a half yards to tie the game, which never happened.
The Tigers won the contest by boldly taking charge in the second half but that won’t win a game against titans of the conference like Oklahoma or Nebraska. The Tigers have many improvements to make, and will do so as they head into their next game against the McNeese State Cowboys on Sept. 11. The home opener is set to begin at 6p.m. at Faurot Field.

Man attempts to steal officers bike

Early Saturday morning at 1:15 a.m., a St. Louis man was found attempting to steal a Columbia officer’s bike valued at $1,200.
Greg Hoffmeyer left Shiloh Bar & Grill in downtown and saw the bike parked and unsecured outside. He then jumped onto Columbia Police Department Sgt. Chris Kelley’s Trek mountain bike. His motive or intentions were unclear.
“I have no idea where he was going,” CPD spokeswoman Jessie Haden said. “He was intoxicated and that’s very likely why he stole it.”
Kelley was in the area because he was responding to a trespassing call at a nearby bar.
“That is why he didn't secure (the bike)...it was more important for him to respond to the call quickly,“ Haden said.
Hoffemeyer didn’t make it far with the stolen property. A second responding officer arrived to help out with the trespassing call and witnessed the suspect get on the bike and start to ride away. The officer immediately approached the suspect and ordered him to stop and get off Kelley’s bike. Hoffemeyer did so without any protest and was arrested.
Hoffemeyer was arrested on the charges of felony stealing and tampering. The prosecutor filed the tampering charge because he attempted to steal property from a police officer, Haden said.
Bond was set according to the tampering charge and Hoffemeyer was subsequently released after posting a $500 bail.

Thursday, September 2, 2010

Suspect arrested after fleeing police

A Columbia man was arrested for his 21st time in Boone County since 2002 after he allegedly fled from a sheriff’s deputy.
A man heading east on E. Highway WW in the area of Old Hawthorne Drive on Tuesday night failed to dim his headlights in the presence of an oncoming vehicle, a Boone County Sheriff’s Department news release stated. Sheriff’s Deputy Rob Seiner followed the suspect.
“The suspect failed to negotiate a curve and crossed the fog line, and the chase was on,” Detective Tom O’Sullivan said.
The man, 27-year-old Daniel Reese, failed to yield to police signals and continued down Highway WW, exceeding speeds of 90 miles per hour. Seiner requested assistance from the Missouri State Highway Patrol and the Callaway County Sheriff’s Department when Reese fled across county lines.
Reese raced down Route F, eventually entering Fulton city limits, the release stated. At that point, the Fulton Police Department began attempts to slow the suspect, including tire deflation spikes laid by the Callaway County deputies. The spikes were unsuccessful after piercing only one of Reese’s tires.
Reese ran into a dead end just outside of Fulton city limits and attempted to back up, smashing into Seiner's vehicle, O’Sullivan said. Reese then surrendered to police.
“About six to 10 officers were involved in the chase,” O’Sullivan said.
Reese admitted to smoking crack cocaine and told investigators he fled because he knew he had drugs in his vehicle, O'Sullivan said. He was taken into custody on charges of careless and imprudent driving, driving with a revoked license, felony resisting arrest and two separate possession charges for marijuana and cocaine.
Investigators found less than 35 grams of marijuana in Reese's vehicle, leading to a misdemeanor charge. Possession of cocaine in any amount is a felony. Seiner’s car sustained damage, including heavy damage to the front of the vehicle, during the two-county chase, O’Sullivan said.
“It’s not going to be cheap (to repair),” O’Sullivan said.
Seiner did not suffer any injuries. Reese is being held in the Boone County Jail with bond set at $10,145.

Davis Receives National Press Club award

The National Press Club awarded Charles Davis, School of Journalism associate professor, with the John Aubuchon Freedom of the Press Award on Aug. 23.
The award is given annually to two people, one domestic and one international, according to a news release. The award honors “those who have contributed to the cause of freedom and open government.”
Since 2005, Davis had led the National Freedom of Information Coalition, but chose to step down this year due to time constraints.
“The NFOIC finally got the money to hire a full time leader and I couldn’t give up my life as a faculty member at the university,” Davis said. “I am thrilled about the advancement. This is a huge step for the NFOIC and couldn’t have happened without the immense support from the people at the Knight Foundation.”
The NFOIC has funded many open-government groups around the country throughout the past 21 years and continues its mission to protect the right to open government.
As a former reporter, Davis said he knows the importance of open government for the media.
“It levels the playing field between the government and the governed,” he said.
Davis decided to accept his appointment to the NFOIC when it moved to Missouri many years ago to continue his mission to serve his profession. He said reporters were being stonewalled by the government and not given proper access to certain materials and meetings. He specifically recalled a time when he was told to leave the room during a meeting, in essence so the real meeting could begin.
“Now, I don’t believe that we should reveal CIA leaders’ names but that leaves 99.995 percent of all government action that shouldn’t be kept secret,” Davis said. “The more unnecessary government secrecy we have, the worse government gets.”
The other recipient of the award was an Iranian man, Kouhyar Goudarzi, who was imprisoned for voicing his ideas about the Iranian elections in 2009. He was recently put into solitary confinement and might never see the outside world again.
National Press Club President Alan Bjerga said the two selections for the award serve as inspirations for all journalists.
“Humbling,” Davis said, regarding how he felt about receiving the award. “I feel it’s getting old to say so but it’s the best way to put it. What’s humbling is you share an award with (Goudarzi) and you’re reminded of what’s at stake.”
Davis was surprised to be chosen alongside Goudarzi.
“I feel like we should be honoring (Goudarzi) instead of me,” Davis said. “He is paying the ultimate price. It is a poignant reminder that the battle is never over.”