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Hearing officer conclusion—Meister violated no policies

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In a decision released Wednesday, Feb. 20, pre-disciplinary hearing officer Jeffrey Hazlett concluded that Yellow Springs Police Officer Dave Meister did not violate any police department policies by not responding to a shooting in the village in early December. 

“We’re happy we had due process,” Dayton attorney Dave Duwel, who represents Meister, said Wednesday afternoon. “We are happy the hearing officer looked at Dave’s conduct that day and said he didn’t violate any policies.”

In response to the report, the Village issued a press release stating that “the finding he did not violate policy was based, not upon the actual actions of Officer Meister, but upon the finding that Village policies were not specific enough to be absolutely clear in guiding Officer Meister’s actions in this case.”

Village leaders will begin work soon on clarifying policies, the statement says.

Village Manager Patti Bates discussed that release by phone on Wednesday, but declined to comment further on the report.

“It doesn’t necessarily say his actions were acceptable, it said he did not violate policy,” Bates said. 

The hearing officer’s report is not the final say on potential discipline for Meister, however. Manager Bates will make the decision regarding discipline, including whether Meister will be fired, by the end of this week or beginning of next week, she said this week.

“I don’t want to continue to drag this out, for everyone’s benefit,” Bates said. 

Bates added that Council may want to offer their comments ahead of her decision. An executive session has, in fact, been added for Monday, Feb. 25, to discuss the discipline of a public employee, according to the Village this week. No public meeting will take place that evening. 

An attorney and mediator with the Montgomery County Common Pleas Court, Hazlett was someone he and Village Solicitor Chris Conard both know and had agreed to as the hearing officer, Duwel said Wednesday. 

“We knew he would be thorough and analytical and fair,” Duwel said.

The Village has charged that Meister had violated four policies on the night of Dec. 13, 2018, when villager Ken Livingston apparently shot himself in an event ruled accidental by the Greene County Coroner.

First, the Village had charged Meister with neglect of duty in not responding to the call, even though he had recently gone off duty. Because the officer on duty,  Officer Raffoul, the newest officer in the department, has little patrol experience, Meister should have gone on the call to assist, the Village asserted.

However, according to Hazlett, Village procedure is that one officer at a time goes on a call, and there are no directions saying that two should go under special conditions. Hazlett also cited evidence that Meister was listening closely to radio reports from Raffoul, and determined that the officer had the situation well under control. He was also aware that other officers would be on the scene soon.

Also, Hazlett stated, there “was no evidence presented at the hearing that Officer Raffoul, at any time in responding to the shooting … ever requested the assistance of any other officer other than those who were automatically dispatched to the scene by the nature of the call.”

In not responding, Meister had also emphasized his caution in violating department policy that states off-duty officers should not respond to a call without approval from a supervisor. In the hearing report, Hazlett noted that local officers  had recently been encouraged by Sergeant Josh Knapp to reduce overtime.

Meister had stated he was especially cautious since he was just last fall put on a six-month performance improvement plan, and demoted from corporal to patrol officer following several instances when he was found to have violated departmental policy during traffic stops. 

In his report, Hazlett noted that the apparently strained relationship between Meister and Chief Brian Carlson contributed to the difficulty of the situation.

During the hearing, he stated “I find that interactions between Chief Carlson and Officer Meister relative to prior discipline handed down to Officer Meister played a role in the events leading to this hearing. In the hearing, it was apparent to me that Chief Carlson has reservations about Officer Meister’s judgement and decision-making, and he viewed the actions of Officer Meister on December 13, 2018, both through the lens of those reservations, and the lens of what would other officers have done in the same situation. Officer Meister, on the other hand, had felt he was under a microscope where any misstep, no matter how small, could result in him losing his job. Rules and regulations had to be followed. “I’s had to be dotted, T’s had to be crossed.”

Hazlett also found Meister not guilty of the second charge, dishonesty, in the accusation that Meister was untruthful regarding his saying he had told Dispatcher Ruth Peterson that he would be available to come to the scene, if needed. Rather, according to Hazlett, the dispatcher’s office was chaotic at the time, with many conflicting calls being received, and while Peterson said she hadn’t heard Meister make the offer, she didn’t say he had not made it.

“During the hearing, I found all witnesses to be credible and forthright in their testimony,” Hazlett wrote. “There were differences of opinions and the witnesses all remembered some things differently than others. However, I found no reliable evidence that leads me to find that Officer Meister was untruthful.”

Hazlett also did not find evidence to support the third and fourth charges, that  Meister and his wife, Zo, had interfered with the investigation, or that Meister had  violated confidentiality by telling his wife, when he returned home, that Livingston had died.

Many people were already aware of the death, and had told Livingston’s wife, by the time that Meister told his wife, according to the report, so that confidentiality was a moot issue.

“Yellow Springs is a small community,” the report states. “While the grapevine may not be as fast as a radio, in Yellow Springs, the difference in speed between the two is minimal.”

In his response, Attorney Duwel emphasized his desire that the Village and Meister mend fences and move ahead.

“We don’t want to cause more division,” he said. “We want to work toward moving forward.”

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Decision pending — Meister won’t be fired

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Last week, Village Manager Patti Bates confirmed that Yellow Springs Police Officer Dave Meister won’t be fired at the conclusion of the recent internal investigation into his professional behavior.

Bates added that she has yet to render her decision on any potential discipline, reaffirming that she hopes to do so soon.

As of press time, no decision had been made.

A Village Council executive session took place on Monday, Feb. 25, “for the discussion of the discipline of a public employee.” However, no public meeting took place that evening.

Previously, the News reported that, in a decision released Wednesday, Feb. 20, pre-disciplinary hearing officer Jeffrey Hazlett concluded that Officer Meister did not violate any local police department policies by not responding to a shooting in the village in early December.

The Village had charged that Meister had violated four policies on the night of Dec. 13, 2018, when he did not respond to a shooting in the village while off duty but still at the station.

In response to the report, the Village issued a press release stating, in part, that “the finding he did not violate policy was based, not upon the actual actions of Officer Meister, but upon the finding that Village policies were not specific enough to be absolutely clear in guiding Officer Meister’s actions in this case.” The press release adds, “The past few months have shown that the Village disciplinary processes are fair and just.”

Visit ysnews.com for updates on the developing story.

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YSPD commendations

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At Council’s March 18 meeting, three employees of the Yellow Springs Police Department received commendations and congratulations on their work. Left, Officer Paul Raffoul, and center, Dispatcher Ruth Peterson received Council commendations from Village Council President Brian Housh for their actions on the night of a fatal shooting in the village on Dec. 13, 2018. Raffoul, the first officer on the scene, “acted for the highest regard of those at the scene and with extraordinary integrity” the commendation read. Peterson, the dispatcher on duty that night, “handled the situation with a sense of urgency and accuracy that proved to be immeasurable in assisting” those at the scene, according to her commendation. 

Sgt. Naomi Watson was honored at the Council meeting by YSPD Chief Brian Carlson with a new plaque that recently arrived from the Ohio General Assembly House of Representatives congratulating her on receiving a 2018 award. That award, the David P. Eckert Outstanding Law Enforcement Service Award from the Greene County Prosecutor’s Office, was given during National Crime Victims’ Rights Week. “This honor has been awarded to you for your praise-worthy record of service, for you have given of your time and energy far beyond what was required or expected,” the congratulations read, in part.

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Unidentified body found in Glen Helen

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The remains of an unidentified person were found Friday afternoon in Glen Helen Nature Preserve, Yellow Springs Police Chief Brian Carlson confirmed Friday evening.

According to Carlson, Yellow Springs Police assisted Greene County Sheriff’s deputies on the scene, in a wooded area off the 3400 block of Grinnell Road, and the sheriff’s office is investigating the death.

A sheriff’s office spokesman said Friday evening that no information was available yet for the public, and the captain who had spoken to another media outlet earlier in the day was off duty for the night.

Cox News quoted Sheriff’s Capt. Sean Magoteaux as saying the person’s gender was undetermined, as “the body was in very bad shape.” He also was quoted as saying that an autopsy would be conducted Saturday, April 13.

The Yellow Springs News will report more information as details are available.

 

 

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Body in Glen ID’d as missing Yellow Springs man

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A body found Friday afternoon, April 12, in Glen Helen Nature Preserve has been identified by authorities as missing Yellow Springs resident Leonid “Lonya” Clark, according to his father, Eric Clark.

Lonya Clark, 26, also known as “Leo” by many of his friends, had been missing since mid-January.

His remains were found, reportedly by mushroom hunters, in a wooded area of the Glen, off the 3400 block of Grinnell Road.

The Greene County Sheriff’s Office is investigating the death.

The Yellow Springs News will report more information as details are available.

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Sheriff investigating villager’s death as homicide

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The recently discovered death of Yellow Springs resident Leonid “Lonya” Clark’s is being investigated as a homicide, Greene County Sheriff Gene Fischer announced at a press conference Wednesday morning, April 17.

Leonid “Lonya” Clark

Authorities on Monday announced that a body found in Glen Helen Nature Preserve on Friday afternoon, April 12, was Clark, who had been missing for nearly three months.

Clark, 26, also known as “Leo” by many of his friends, was last reportedly seen Jan. 13. Police officially listed him missing Feb. 6, when he didn’t make a scheduled court appearance.

According to the Greene County Sheriff’s Office, deputies responded on April 12 to the 3400 block of Grinnell Road, near the Little Miami River, on the report of a deceased person in the Glen. The report was called in by three mushroom hunters, according to Sheriff Fischer. The Yellow Springs Police incident log listed the call time as 3:14 p.m.

Sheriff’s deputies and Yellow Springs Police officers located the body, “which appeared to have been there for some time,” a media release from the Sheriff’s Office reported Tuesday.

Investigators at the Sheriff’s Office believe the body was dumped elsewhere in the Glen, about one-quarter mile east, and that high water washed it to the site where it was found. Fischer said at the press conference that the body had wounds that indicate homicide. He declined to be more specific.

An autopsy conducted Saturday, April 13, at the Miami Valley Regional Crime Lab in Dayton, determined Clark’s identification from a palm print. The Sheriff’s Office is in charge of the investigation, Yellow Springs Police Chief Brian Carlson said Tuesday afternoon.

The Greene County Coroner’s Office will continue to examine the remains, according to the Sheriff’s Office. Sheriff Fischer said Wednesday that he anticipates the coroner will confirm a homicide ruling.

Coroner’s Office Investigator Carl Day said on Tuesday that autopsy results usually take 6 to 8 weeks to get back, but could take as many as 10 weeks.

Clark, who was adopted from Russia at the age of 4, grew up in the village and attended Yellow Springs Schools, graduating in 2011. Effectively homeless for the past nine years, he had an extensive network of support from family, friends and community members. While known to occasionally drop out of sight for brief periods, he always made contact with someone about his whereabouts. An extended disappearance was out of character for Clark, who was widely recognized as a sweet and generous friend.

Two extensive searches for Clark earlier this year proved fruitless. In early February, Yellow Springs Police, along with Miami Township Fire-Rescue personnel, assisted Buckeye Search and Rescue Dogs in a two-day search of the Glen. Chief Carlson at the time reported nearly completing a full search of the nature preserve and adjacent terrain off of Grinnell and Hyde roads near the riding center with no -success. In mid-March, searchers completed a two-day hunt of John Bryan State Park.

Anyone with nformation on the case can contact the Greene County Sheriff’s Office tip line at 937-562-4819.

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Body in Glen identified—Villager’s death investigated as homicide 

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Body in Glen identified — 
Villager’s death investigated as homicide 

Leonid ‘Lonya’ Clark

Leonid ‘Lonya’ Clark

A body found Friday afternoon, April 12, in Glen Helen Nature Preserve has been identified by  authorities as missing Yellow Springs resident Leonid “Lonya” Clark.

Clark’s death is being investigated as a homicide, Greene County Sheriff Gene Fischer announced at a press conference on Wednesday, April 17.

Clark, 26, also known as “Leo” by many of his friends, was last reportedly seen Jan. 13. Police officially listed him missing Feb. 6, when he didn’t make a scheduled court appearance.

According to  the Greene County Sheriff’s Office, deputies responded on April 12 to the 3400 block of Grinnell Road, near the Little Miami River, on the report of a deceased person in the Glen. The report was called in by three mushroom hunters, according to Sheriff’s Fischer. The Yellow Springs Police incident log listed the call time as 3:14 p.m.

Sheriff’s deputies and Yellow Springs Police officers located the body, “which appeared to have been there for some time,” a media release from the Sheriff’s Office reported. Investigators at the Sheriff’s Office believe the body was dumped elsewhere in the Glen, about one-quarter mile east, and that high water washed it to the site where it was found.

Fischer said at the press conference that the body had wounds that indicate homicide. He declined to be more specific.

An autopsy conducted Saturday, April 13, at the Miami Valley Regional Crime Lab in Dayton, determined Clark’s identification from a palm print.

The Sheriff’s Office is in charge of the investigation, Yellow Springs Police Chief Brian Carlson said Tuesday afternoon.

The Greene County Coroner’s Office will continue to examine the remains, according to the Sheriff’s Office. Sheriff Fischer said Wednesday that he anticipates the coroner will confirm a homicide ruling.

Coroner’s Office Investigator Carl Day said that autopsy results usually take 6 to 8 weeks to get back, but could take as many as 10 weeks.

Clark, who was adopted from Russia at the age of 4, grew up in the village and attended Yellow Springs Schools, graduating in 2011.

Effectively homeless for the past nine years, he had an extensive network of support from family, friends and community members. While known to occasionally drop out of sight for brief periods, he always made contact with someone about his whereabouts. An extended disappearance was out of character for Clark, who was widely recognized as a sweet and generous friend.

Two extensive searches for Clark earlier this year proved fruitless. In early February, Yellow Springs Police, along with Miami Township Fire-Rescue personnel, assisted Buckeye Search and Rescue Dogs in a two-day search of the Glen. Chief Carlson at the time reported nearly completing a full search of the nature preserve and adjacent terrain off of Grinnell and Hyde roads near the riding center with no -success. In mid-March, searchers completed a two-day hunt of John Bryan State Park. 

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Village is rocked by homicide

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The two-punch news last week that the body of villager Leonid “Lonya” Clark — who had been missing for nearly three months — was found by mushroom hunters in Glen Helen Nature Preserve, followed by the announcement that his death is being investigated as a homicide, has left the community reeling and seeking answers.

Clark, 26, a well-known and widely loved figure in the village, was officially reported missing on Feb. 6, when he didn’t make a scheduled court appearance. His last verified contact, according to authorities, was Jan. 13.

Family and friends held out hope that his disappearance would have a happy ending, but his extended absence, with no communication, was out of character.

“He always contacted someone,” longtime friend Anna Burke said earlier this month.

Burke, like many of Clark’s friends and acquaintances, is devastated by the news of his death.

Outpourings of grief and shock have flooded social media, with villagers sharing reminiscences and impressions of the young man, who was known for his kindness, generosity and sweet smile.

“He had the absolute best smile,” one online poster wrote in a Facebook thread dedicated to shared memories about Clark.

Clark’s father, Eric Clark, said the expressions of love and support along with memories and stories “have been amazing, wonderful and comforting” for the family.

Adopted from Russia at the age of 4, Lonya, also called “Leo” by many of his friends, grew up in the village and attended Yellow Springs Schools, graduating in 2011.

Troubled by mental health issues and effectively homeless for the past nine years, he had an extensive network of support from family, friends, community members and village authorities. 

In light of the community’s response to Clark’s death, “it is obvious more than ever, how much he belonged to all of us,” his father wrote in an email this week.

Homicide investigation

The circumstances of Clark’s death remain undisclosed, if yet known, by authorities. The Yellow Springs Police Department is referring all questions to the Greene County Sheriff’s Office, which is in charge of the homicide investigation.

Sheriff’s Detective Duane Gilbert, who is overseeing the case, did not respond this week to inquiries from the Yellow Springs News.

A 911 call Friday afternoon, April 12, alerted authorities to a body, which apparently was caught on debris along the Little Miami River down from the Grinnell Road bridge, just south of Bryan Park Road.

Greene County Sheriff Gene Fischer said in a press conference the following Wednesday that three mushroom hunters made the discovery.

According to central dispatch records, the 911 call came in at 3:14 p.m. The caller, who said he was mushroom hunting in the woods with friends, referred to himself as a survivalist, familiar with the outdoors, but still shocked to find a body.

He said the deceased appeared to have been in the elements for an extended time, more than a month at least, and looked to be wearing a red and black flannel shirt over a hooded sweatshirt, black or camouflage pants and duck boots. A small flashlight appeared to be clipped to a belt loop, he said. The sheriff did not discuss the clothing during Wednesday’s press conference, but in an answer to a media question affirmed that the deceased was fully clothed.

In the 911 call, the caller (who did not respond to a request from the News for an interview) told the dispatcher that he first saw a boot, which appeared to be caught on a stone wall by the bridge, before discovering the body.

The Sheriff’s Office and YSPD responded to the scene, and the body was taken to the Miami Valley Regional Crime Laboratory in Dayton for an autopsy on Saturday, April 13. A palm print confirmed Clark’s identified, Sheriff Fischer said at the press conference Wednesday.

Clark’s family was notified, and the Sheriff’s Office put out a public statement Tuesday, April 16. 

The next day, the sheriff announced that “wounds to the body are indicative of a second party,” leading his office to pursue the investigation as a homicide.

He declined to describe the type and number of wounds that led to the conclusion of homicide. Fischer said that the coroner has the final say in the cause of death, but he was certain the coroner would rule Clark’s death a homicide.

Fischer also said that authorities believe Clark was dumped in the Glen, and that high water this spring carried his body about a quarter mile downstream. He would not say whether it appeared Clark was killed in the Glen or elsewhere.

According to a media release from the Sheriff’s Office last week, the body “appeared to have been there for some time.”

Yellow Springs Police Chief Brian Carlson said that search and rescue dogs, which were part of an extensive, yet unsuccessful, two-day search of the Glen in early February, would not have found the body if it had been under water or ice.

Other concerns

Given the discovery of Clark’s body in the Glen, and the possibility of his killing having occurred there, renewed concerns over safety in the nature preserve have risen in the area, especially following a pair of armed robberies on June 30, 2018. 

Authorities say, however, that visitors need not be worried.

“The Glen is very safe,” Chief Carlson affirmed this week.

“As always, the regular rules of the buddy system apply: Hike in pairs or small groups if possible,” he wrote in an email this week. “Make sure you stay on the designated trails. … Pay attention to where you are and make sure your phone is charged. Follow the rules and do not hike during the posted restricted times, especially after dark.”

Concerning the June 2018 robberies, Carlson said the case is moot.

“The suspects were arrested outside of Yellow Springs on unrelated charges,” he said. “And due to the lack of witness testimony, our case was closed.”

Speculation in town has also tied Clark’s disappearance to another local case that Carlson said should officially be closed soon.

The Greene County Coroner’s Office ruled earlier this year that the death of villager Ken Livingston on Dec. 13, 2018, was the result of an accidentally self-inflicted shooting.

Carlson said this week that police are waiting for DNA results from the gun, but “unless there is new evidence that comes to light, the case will be closed as accidental.”

While Clark was not known to be present at the party during which Livingston died on the balcony of a friend’s apartment, he was reportedly on hand the next day for final cleanup at the scene. Contrary to some rumors, Clark did not assist police, and he was not paid by police, Carlson has said. Multiple accounts indicate he offered to help the apartment’s tenant and was of assistance to her.

Multiple sources also say he was troubled by the tragedy, which occurred a month before his disappearance.

But his family and some of his friends have said that even before Livingston’s death, Clark was experiencing increased anxiety and paranoia.

His parents said it was hard to know when his anxiousness was based in reality.

A community in pain

Clark’s death, and the unanswered questions around his killing, following so closely after Livingston’s accidental shooting, has intensified pain in the community that’s been hit by multiple tragic deaths in recent years. 

For Clark’s friend Burke, loss has become almost “routine,” she said last week.

Clark’s classmates feel similarly. He is the fourth member of his graduating class to have died in the last couple years.

In addition, the village was rocked in January 2017 by the double murder of William “Skip” Brown and Sherri Mendenhall. Brothers Dustin and Brett Merrick, then related to Brown through marriage, were convicted last year and are serving prison terms for the crimes. 

Several deaths by suicide in the first few months of 2018 also added to the community’s well of hurt.

Clark’s parents have announced that a memorial for their eldest son is being planned for Saturday, June 1, at First Presbyterian Church.

The Sheriff’s Office asks that anyone with any information about Clark’s disappearance and death call the department’s tip line, at 937-562-4819.

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Carlson renewed as YSPD chief

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At its regular meeting on Monday, June 3, Village Council renewed the contract of Yellow Springs Police Chief Brian Carlson for another year.

Carlson, who is finishing his second year as permanent chief, will be paid $81,090 plus benefits, according to the contract.

Added contract language also calls for more frequent performance reviews of the chief and more significant consequences if he fails to meet Council benchmarks.

For instance, Carlson will be reviewed in three and six months. And among the new reasons the Village might fire the Chief are for “failure to meet the performance measures established by Village Council.”

At the meeting, Council President Brian Housh said Carlson has helped the department make progress despite what he called the ongoing challenges of local policing.

“In general, I’m happy with the efforts that Chief Carlson has made with turning our police department around,” Housh explained.

Regarding the chief’s performance, Housh noted in a later interview that Carlson’s most recent review, conducted by Village Manager Patti Bates, was “mixed.” 

“There were some things that were lacking and other things that [Bates] felt that the chief really excels at,” Housh said. 

Although Carlson excels at community engagement, concerns were noted in the review in the areas of “policy and planning,” Housh said. 

Bates said this week that Carlson’s most recent performance review cannot be released because it is not yet finalized. She also declined to comment on it.

Reached for comment on Tuesday, Carlson thanked the Council and Village manager for “the continuing support of our work.”

“We are such a unique, beautiful and progressive place and the YSPD is part of that story,” Carlson wrote in a message.

At the meeting, Eric Clark asked Council from the floor how an ongoing YSPD assessment, which is set to be complete next month, impacts the contract renewal. In letters to Council, several villagers, including Clark, had asked Council to wait to renew Carlson’s contract until the assessment was finished.

“We want to make sure that the renewed contract has the ability to absorb [the assessment’s] ideas,” Clark said at the meeting.

In response, Housh said that the contract’s “performance measures” will, in fact, largely from the YSPD assessment.

“If those performance measures are not achieved, then we’re going to start to think about a change,” Housh added later.

Looking ahead, Housh believes that more clarity from Council on its objectives for the department will be critical.

“We think more concrete direction around objectives is going to be really important moving forward,” Housh said.

Council member Lisa Kreeger agreed at Monday’s meeting, saying she wants to make the village’s aspirations for community policing “actionable.”

“We have a good vision statement but at many levels have not achieved as much as we need to,” Kreeger said.

Council member Kineta Sanford said that there will always be ways to improve, but that she was optimistic about Carlson’s ability to take the “next steps.”

“I think he has a mindset to continue to grow. I appreciate that,” she said.

Council discussed Carlson’s contract renewal in four recent executive sessions, according to Housh. In addition to meeting with both Bates and Carlson, Council  also spoke with police consultants Bob Wasserman and Bob Haas, who are working on the assessment, and incoming Village Manager Josue Salmeron.

By phone this week, Salmeron said he looks forward to working with the Carlson and that the two will “do great work together.”

“I’m excited to work with Chief Brian to create a police department that reflects the values of the village, and I’m confident that we’ll be able to do this together,” Salmeron said.

Carlson was named interim chief in early 2017 after Chief Dave Hale resigned following controversial police action at the local New Year’s Eve celebration.  After a search, Carlson was appointed permanent chief that June, and agreed to a two-year contract, with a six-month probationary period.

In her six-month review, Bates gave Carlson’s performance an overall rating of  “Satisfactory or Average,” with all factors rated as “Satisfactory,” except for Relationship With People, which was rated as “Exceeds job standards.”

“Brian excels at community relations and innovative programmatic ideas,” Bates noted of Carlson’s strengths. In the review, Bates also encouraged Carlson to engage in more regular communication and to obtain training in police command, among other recommendations.

Other items from Council’s June 3 meeting will be in next week’s News.

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Natural causes suspected in villager’s death

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According to the Yellow Springs Police Department, on Saturday, June 15, at around 7:30 p.m, the YSPD were called to assist the Miami Township Fire-Rescue crew with an unresponsive person.

William (Tim) Hackathorne, 67, was found unresponsive in the bathroom at the Emporium, 233 Xenia Ave., in downtown Yellow Springs. Medics pronounced Hackathorne deceased at 7:44 p.m.

On Monday, YS Police Chief Brian Carlson said that police suspect the death was due to natural causes and that there was no indication of foul play or drug activity. A Greene County Coroner’s ruling is forthcoming.

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YSPD urges villagers to lock vehicles

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After a spate of break-ins overnight, on Wednesday, June 19, the Yellow Springs Police Department urged villagers to lock their vehicles.

Residents began calling the YSPD this morning after noticing their unlocked vehicles had been entered sometime in the night, according to YS Police Chief Brian Carlson.

The YSPD had received 10 reports of theft from vehicles on Wednesday afternoon, but anticipate more as residents begin to use their vehicles, Carlson reported. Similar reports are coming from surrounding communities, he added.

“Please remove valuables from vehicles, lock the doors and always keep the porch light on,” Carlson wrote in a message.

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Reward offered in Clark case

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More than two months into the homicide investigation in the death of villager Leonid “Lonya” Clark, the Greene County Sheriff’s Office is offering a $5,000 reward for information leading to an arrest and conviction in the case.

The Sheriff’s Office made the announcement in a press release Tuesday, June 25.

“Multiple interviews have been conducted and tips continue to come in,” the release said, adding, however, “at this time, we are asking for additional public help.”

Mushroom hunters found Clark’s body in Glen Helen Nature Preserve on April 12, two months after the last documented contact with the 26-year-old Yellow Springs High School graduate.

“Someone is aware of exactly what happened and who caused the death of Mr. Clark,” the Sheriff’s June 25 release said.

Anyone with information about the case can contact the sheriff’s tip line at 937-562-4819 or call the detective in charge of the investigation, Duane Gilbert, at 937-562-4813.

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‘A tear in the social fabric’— Beloved son, friend still missing

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Anyone who spends much time in downtown Yellow Springs knows Lonya Clark, called Leo by many of his friends. A once daily presence in the coffee shops and streets of town, the young man is known for greeting most everyone with a smile and friendly nod.

But despite his growing up here, most people know only small pieces of who he is, how he spends his time and where he goes. And nobody seems to know where he’s been for close to three months now.

Clark, 26, hasn’t been seen or heard from since mid-January. Some people reportedly think they saw him near the library on the afternoon of Jan. 15, but police and his family put the last verifiable contact on the evening of Jan. 13.

Various theories and speculation about Clark’s disappearance have led nowhere, and while there may be someone who knows what happened, that person has yet to come forward. His family and friends just want to know he’s okay.

“It eats me alive not knowing what’s going on,” close friend Anna Burke said in a recent interview.
At 5´6˝ and 120 pounds, Clark’s slight figure and sweet face make him look even younger than his age. He never seemed to light in one spot very long, and was often seen traveling from one place to another — riding a bike, carrying a skateboard, or most often simply walking. In all kinds of weather, all through the day and into the night.

“He would always walk laps around town,” said Burke, who thinks of Clark “like a little brother.”

She said anxiety may have led to his frequent movement, but the effect was like “a guardian, like he was keeping tabs on everyone.”

His circulation around town also gave villagers the opportunity to check in on him. According to his family, Clark, who has been effectively homeless since graduating from Yellow Springs High School in 2011, has mental health issues that make keeping a job and an apartment difficult.

Many people are aware that Clark has “troubles,” as Burke calls them, though his exact diagnoses are not public knowledge. People in town provided a wide networkof support — feeding him, giving him places to sleep, offering work and odd jobs, or simply lending a sympathetic ear.

Conversely, Clark is known for his kindness, generosity and desire to please. He would give away anything he owned if he thought someone else wanted or needed it, Burke said. With his disappearance, “there’s a tear in the social fabric of our community,” Yellow Springs Mayor Pam Conine said in a recent interview. Conine has known Clark since he was a child and was one of his teachers in middle school.

Russian adoption
Like others in town in the mid-’90s, Conine remembers when Clark’s father, Eric Clark, adopted him from a Russian orphanage when Lonya was a pre-schooler.

“We were so happy for Eric,” Conine said, “because we knew how much he wanted to be a father.”

The name Lonya is a nickname for Clark’s given name, Leonid.

Eric Clark, who was single at the time of his son’s adoption, recently compiled some memories of the experience.

“Many adoption agencies did not allow single parents, and especially single men, to adopt,” he recalled, so he often attended adoption seminars in the company of Jackie Stauffer, a good friend, whom he eventually married 10 years ago.

“Somewhere in the process we found Children’s Adoption Network in New Jersey,” Eric wrote. “They had a solid track record of successful adoptions from Russia.”

Eric first saw photos and a video of Lonya with other children when the boy was three.
He was told that after Lonya’s birth, on Nov. 16, 1992 in Chelyabinsk, the infant had to stay several months in the hospital. During that time, his birth mother died in her unheated apartment building, and “his biological father was unwilling to accept any responsibility for his upbringing,” Eric said. As a result, Lonya was placed in an orphanage.

At four, Lonya had still not been adopted, and was due to go to a group home, where conditions were worse than the orphanage, Eric learned.

Eric set out to become Lonya’s family. The adoption was burdened by bureaucracy and red tape, and the trip to Russia — which Eric made with his mother, Dorothy Clark — was arduous and filled with uncertainty. Landing back in the U.S. weeks later with his legal son was a relief and a joy.

Upon his return to Yellow Springs, Eric, then owner of Yellow Springs Travel agency, said he had planned to take six weeks off work to settle in as a family with Lonya.

During walks downtown, however, Lonya spotted the Children’s Center, and its playground. “He was happy anytime he could find a playground,” the father recalled. Lonya started asking to attend the center, so after two weeks, Eric agreed.

“He was so happy.”

Childhood in Yellow Springs
Because of Eric’s job, he had frequent opportunities to travel, so during Lonya’s younger years, they traveled a lot: “cruises, beach vacations, time share journeys, trips to visit friends in other states.”

Also, in those early years, “it became clear that his ADHD was kicking in,” Eric recalled.
“Although making new friends was easy for him, he had a hard time maintaining positive relationships,” Eric said.

Lonya Clark at Perry League T-Ball. (Submitted photo)

Other adults who knew Lonya as a child remember that he had difficulty paying attention and sitting still. He would try to get attention with behaviors that had the effect of antagonizing or provoking other children, such has poking or teasing.

At the same time, he wanted to please others and be liked, and he struggled to learn how to have positive interactions.

He had a strong desire “to belong,” his father said.

Lonya started school at the independent Antioch School, but after two years there for kindergarten and first grade, his father felt he needed more structure, and transferred him to Mills Lawn beginning in second grade.

About the same time, Eric left the travel agency business and bought the Springs Motel at the south edge of town, and the two moved in there.

Also as an elementary school student, Lonya started attending Sunday School at First Presbyterian Church.

He appeared a couple of years in the role of Adam in the annual Christmastime Medieval Play at the church.

Church member Theresa Mayer remembers him coming by himself for Sunday School class, for which she was one of several rotating teachers.

“I think he walked over from his grandmother’s house [nearby] while his father was working.”

Mayer remembers Lonya’s trouble sitting still, but said he was a wonderful kid when given opportunities to move and read aloud.

“A lot of kids didn’t like to read, but he loved it,” she said recently. And she found his independent desire to come to Sunday School extraordinary.

“I fell in love with him,” she said.

Teen years
Lonya’s desire to please and belong took some negative forms in middle school and high school.
In a recent interview, his father recounted how at 13, Lonya accepted a playground challenge to drink a pint of vodka. Further experimentation and use of alcohol and drugs, primarily marijuana, followed, Eric said.

“Sometimes this would have him before a judge, and before long he was on probation,” according to his father. During this time, and all through Lonya’s growing up years, Eric sought counseling and therapy for him. He said some was helpful, and some was not.

Some teachers also championed him.

“The first thing I think of when I think of Lonya is his smile,” Pam Conine, a retired intervention specialist who had Lonya in her middle school math class, recalled.

“He was the only student I knew who smiled all the way through division and decimals,” she said.
Lonya was smart, but he had a hard time with math. Conine said she realized that Lonya’s smile also revealed whenever he was anxious, nervous or unsure of himself. Some adults mistook the smile as a dismissive gesture.

“But he wasn’t being a wise guy,” she said.

“He was anxious to please,” she added. “Not only his teachers, but also his peers. … When I think back to the times Lonya would get in trouble, as all kids do, it would be related to trying to impress a buddy.”

Lonya struggled to stay out of trouble during his high school years, with behavior issues leading to a transfer to the Greene County Career Center and back, and then for a time to a behavioral treatment center in Beavercreek, according to his father.

Nevertheless, former Principal John Gudgel, who retired the year before Lonya graduated and is now a guidance counselor at Mills Lawn, has positive memories.

“Lonya as a student and to this day has always been a caring person, and his DNA is such that he doesn’t want to disappoint others,” Gudgel wrote in an email in response to a request for comment.

“His penchant for offering a friendly hello or similar gesture when greeting someone is what typifies his sense of community,” Gudgel added.

“His unassuming nature and not imposing his will on others also stood out to me while he was a student at YSHS/MMS.”

Lonya was 16 when Eric and Jackie married, and within a couple of years he had a little sister and brother.

Shortly before the marriage, his beloved grandmother, who was a prominent presence in his life since going to Russia for his adoption, died. The change in his family structure and the loss of his grandmother “added more stress to his life,” his father said.

At the same time, Jackie recently recalled, “he was excited” when his sister was born “and tried to follow house rules,” which included “no drugs, drinking or smoking around home.”

That attitude changed, however, when he turned 18 in November of his senior year, his parents said.

“He said, ‘[Now that I’m 18,] I can do anything I want,” Eric said.

They said he stopped following the house rules; and with a toddler in the house and a baby on the way, they felt he needed to live elsewhere unless he changed his behavior.

After graduation
Lonya stayed with friends for a time, and with the help of the school, completed his senior year and graduated with his class.

His parents kept a bed for him, and they continue to store some of his clothes and belongings at their East Davis Street home. They said they’ve also helped him secure and set up a couple of apartments over the years, but he abandoned them.

Eric said he also offered Lonya the job of managing the motel, which would have provided a salary and housing, but Lonya turned it down. Eric has since sold the business.

Lonya became “a professional couch surfer,” according to his father.

He’s taken a variety of jobs over the years, working at the now-closed Williams restaurant, the Winds Cafe, Tom’s Market and a KFC in Xenia. He also did odd jobs around town, including work for Realtor Shelly Blackman and landlord Bob Baldwin.

“He was a delightful young man,” Baldwin said recently. “He was a good worker.”

Baldwin said he hired Clark to “rake leaves, take trash to the landfill, clean graffiti off buildings, load trucks,” whatever needed doing at Baldwin’s various properties.

“He’s got to be one the strongest people in Yellow Springs,” proportionate to his body size, Baldwin said.

Baldwin’s only trouble with Clark was in follow through.

“He had difficulty showing up as agreed upon,” Baldwin said.

Baldwin also felt that Clark hadn’t always been treated fairly by police.

Problems with the law began with charges of underage drinking, and eventually included OVI. The offenses were nonviolent, but the fees mounted, and the legal issues “became a Catch-22,” according to Eric Clark.

Lonya was on probation in May 2016, when then Yellow Springs Officer John Whittemore stopped him as he was walking on the sidewalk near Mills Park Hotel. The officer claimed Clark looked “agitated,” and when Clark didn’t comply with his order to stop, he physically restrained the young man, wrestled him to the ground, and eventually took him to the county jail in Xenia on charges of disorderly conduct and resisting arrest.

Whittemore was soon let go for this and another incident where the community felt he displayed excessive force, but Clark remained in jail for a month based on his probationary status.
His former Sunday School teacher Theresa Mayer was so outraged she wrote a letter to the judge in the case, and she eventually paid his bail and court costs.

She said Lonya offered to pay her back, but she wasn’t interested. She’s hired him a few times to clean out her garden, and she takes him to lunch occasionally to catch up on his life.
She said he gives her a big hug whenever they see each other downtown, and that’s the best repayment for her, especially in light that as a boy, he was so “touch adverse” that hugs were a painful experience.

Recent years
Eric Clark said his son seemed to go through cycles of stability.

“He would go a couple of years and be okay,” Clark said.

But the cycle seemed to be quickening in recent years.

Amidst a trip in 2017 to visit a friend living in Colorado, fellow Yellow Springs graduate Dan Collett, Clark got off the bus in Missouri and apparently had a mental health episode that landed him in jail there.

Family and friends have said that bouts of anxiety and paranoia had become more pronounced over the last couple of years. They believe that such an episode led him to throw a rock at a window in the ambulance bay at a hospital there. He was charged with attempted breaking and entering.

While family, friends and community members were already expressing concern about his disappearance in January, it was his failure to appear in court in early February on the Missouri charge that led local police to put him on the national missing person’s registry.

The court there also put out a warrant for his failure to show, which means that any interaction with police anywhere in the country will alert local authorities to his location, according to Yellow Springs Police Chief Brian Carlson.

While some friends have said on social media that he seemed in a pretty good state of mind this past fall, others saw him becoming increasingly agitated.

After the incident with Whittemore three years ago, local police have worked at building a more supportive relationship with Lonya, Chief Carlson said in a recent phone interview.

Officers and the department’s social worker Florence Randolph have helped him find places to stay and given him rides, sometimes giving him cash out of their own pockets, Carlson noted.
The family said that Carlson assisted last fall in getting Lonya into a mental health facility in Kettering when he seemed to be in crisis. He stayed there a week, and seemed better when he left.

But he didn’t continue taking the prescribed medication, his parents said.

His mental state was further stressed in the aftermath of the accidental self-inflicted shooting death of Ken Livingston on Dec. 13. While Clark wasn’t at the party in which Livingston died, he was apparently on the scene during some of the cleanup.

His parents said he remained affected by the tragedy, which preceded his disappearance by a month.

The search
One of the first people, if not the first, to raise the alert that Clark might be missing was his friend Dan Collett, who posted a general query on a Yellow Springs social media discussion page, asking if anyone had seen Lonya recently.

Anna Burke said it wasn’t unusual for Clark to seem to disappear for a few days. But as soon as one friend raised the question about his whereabouts, another would respond with an answer.
This time there was no answer. The last known contact was a text to a friend at about 8:30 p.m. Jan. 13.

He had an appointment to do some work for Shelly Blackman the next morning, but didn’t show.
Friends and family scoured all his known haunts, and put up fliers. They contacted hospitals and jails.

Eric Clark sent private messages to all 98 of Lonya/Leo’s friends on Facebook, getting replies from 95. Nobody had information about his whereabouts to share.

They’ve also posted information with every online resource they can find, and recently implemented a $3,000 reward for information.

At the family’s request, the local police conducted a two-day search of Glen Helen Nature Preserve, assisted by Buckeye Search and Rescue Dogs. Several weeks later, they searched a section of John Bryan State Park.

Carlson said police have followed up on leads in Xenia and Kettering.

The Clarks have expressed frustration in the police response, which they think could be more aggressive.

Carlson said he feels for the family.

“They just want to find their son.”

Carlson said that searching for a missing adult has certain restrictions.

“According to the FBI, if an adult person wants to go off grid, they can.”

The FBI’s National Crime Information Center lists 634,908 people were reported missing in 2015, the year of the most recent statistics. Of those, the large majority, 442,442 were younger than 21 years old.

The question regarding Lonya is whether his disappearance was intentional, or whether he is a victim.

“We have no indication of foul play in anyway,” Carlson said.

For Lonya’s family and friends, the fact of his extended absence indicates a strong possibility of foul play.

“He always contacts somebody,” Eric said.

What’s more, on the weekend of last contact, Yellow Springs had four inches of snow.

“Did he find a way on that snowy day to hitch a ride?” mused his father. “With no money in his pockets, no ID and no jacket?”

“All his jackets are here,” Jackie added.

As time goes by, “it’s harder to come up with a good scenario,” Eric said.

“If somebody knows something, and they’re not saying anything, they’re not doing him any favors.”

Regardless of his mental and legal issues, “he’s still a great kid,” Jackie said. “Nobody deserves not to be found.”

Anyone with information about Lonya’s disappearance should call local police at 767-7206.

Contact: csimmons@ysnews.com

The post ‘A tear in the social fabric’ — Beloved son, friend still missing appeared first on The Yellow Springs News.

Still no answers in Clark case

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Authorities investigating the homicide of villager Leonid “Lonya” Clark remain close-lipped about the cause and circumstances around his death earlier this year, leaving his loved ones growing increasingly distressed at the lack of resolution in the case.

Officially reported missing in early February, Clark, 26, had not been seen by family and friends for nearly three months when his body was found April 12 along the Little Miami River in Glen Helen Nature Preserve. 

The Greene County Sheriff’s Office quickly opened a homicide investigation based on undisclosed “wounds” to the body, with a final cause-of-death determination pending the coroner’s findings.

The coroner’s report has since been completed, but Bill Harden of the Greene County Coroner’s Office said on July 9 that information could not be released while the homicide investigation continued. He referred all questions to Sheriff’s Detective Duane Gilbert, who is lead detective in the case.

At that time, Gilbert said there was nothing new to report, and that the Sheriff’s Office was “following all leads.” Subsequent phone messages and emails by this News reporter to Detective Gilbert as well as messages left for his supervisor, Capt. Sean Magoteaux, have gone unanswered.

Clark’s parents, Eric and Jackie Clark, said this week that they remain in the dark about what happened to their son. 

And they are frustrated that some details they uncovered while Lonya was still thought to be missing weren’t taken as seriously by law enforcement as the couple feel they warranted. 

Cox News outlets earlier this week reported on the discovery this winter of a jacket and a debit card, both belonging to the younger Clark, that might offer clues in the case.

In a joint phone call Tuesday, the Clarks said they had found the jacket in late February after heavy winds knocked over some furniture in their carport. They said it appeared that the all-black winterwear had been stuffed underneath some stacked chairs.

Jackie Clark is certain that the jacket is the same one Lonya was wearing the last time they saw him — when he stopped by their house on his younger sister’s birthday, Jan. 13.

Eric Clark said he immediately reported the find to Yellow Springs Police, who were in charge of the missing-person case before the Sheriff’s Office took on the homicide investigation.

He stowed the jacket in their garage and later examined it with an ultra-violet light to see if it showed anything unusual.

“It had been freshly washed,” Eric said, leading the Clarks to believe that “someone had found it and placed it in our carport.”

According to the police report completed when Lonya Clark’s body was found, he was wearing a red and black flannel shirt. It is unknown whether that clothing item was the same as a similarly colored flannel jacket he had been observed wearing downtown earlier in the winter.

Lonya’s debit card was found on the Antioch College campus about a week before his body was found, Jackie said.

What strikes the parents as unusual is that the card, which was found by students on the ground just outside the Arts and Sciences building, was “in perfect shape.”

They have concluded that if Lonya had lost the card before he went missing three months earlier, and it had been on the ground that whole time, it would have shown some wear. 

Had someone else had it and dropped it, or purposely placed it there?

The Clarks said bank records showed that the last time Lonya used his card was at Speedway on New Year’s Eve. No use or attempted use was logged after the holiday.

Again, the parents reported the find to the local police and were trying to schedule a drone search to check out the building’s roof when Lonya’s body was discovered by mushroom hunters in the Glen.

Jackie Clark said that a drone search of the building top wasn’t as far-fetched as it might sound, because she had a family member who had died on a roof top after suffering a heart attack.

Once Lonya’s body was discovered and the Sheriff’s Department began investigating, the Clarks told sheriff’s detectives about the found jacket and debit card.

“We didn’t know if it was important, or not important,” Jackie said, since the Yellow Springs Police hadn’t seemed interested.

The Sheriff’s detectives went to their house and took possession of the items, but didn’t offer any insights.

Still missing, as far as the Clarks know, are Lonya’s wallet, phone and laptop.

They said he had his laptop with him when he left their house for the last time Jan. 13. Wearing the black jacket and carrying a black computer bag, “he looked European,” Lonya’s father said.

He holds on to that image, and hopes there’s a break in the case soon.

In late June, the Sheriff’s Office office offered a $5,000 reward for information leading to the arrest and conviction of Lonya’s killer or killers.

A press release at the time indicated that investigators had conducted “multiple interviews” and that they were continuing to receive tips.

The anonymous tip line number is 937-562-4819. The number for Detective Gilbert’s is 937-562-4813.

YS police respond to alleged bomb threat at high school

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According to the Yellow Springs Police Department, a 15-year-old Yellow Springs High School student was arrested Thursday, Aug. 29, after police were alerted to an alleged bomb threat made against YSHS on social media earlier in the day.

The image shared on social media depicted another YSHS student threatening to bomb the school, police confirmed on Saturday, Aug. 31. 

The student who created and shared the image will be charged with making a false alarm, according to YS Police Chief Brian Carlson.

“We investigated and found it to be false,” Carlson said of the threat, screenshots of which several parents and students shared with YSPD. Carlson said the YSPD takes such threats seriously.

“These are extremely serious, in these times especially,” Carlson said.

YS Police officers were also present on the YSHS campus Friday to reassure students that it was safe to attend school, the chief said.

Also Friday, District Superintendent Terri Holden sent an email to families of students at the high school and McKinney Middle School informing them of the “alleged threat,” noting that district administrators became aware of the social media post Thursday evening and were in communication with the police department as they investigated..

“We appreciate how quickly those who saw this threat reported it, and the rapid response of the YSPD,” Holden wrote. “Student and staff safety is our greatest priority in Yellow Springs.”


VIDEO: Police seek to identify suspect in recent vehicle break-ins

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On Wednesday, Sept. 25, the Yellow Springs Police Department released security camera footage of a possible suspect who may be responsible for a rash of vehicle break-ins in the village.

The footage was taken in the early hours of Sunday, Sept. 15, in the driveway of a homeowner in the village. It was provided to police this week.

According to YS Police Chief Brian Carlson, there have been an estimated 15 to 20 vehicle break-ins in town in the last three months. In many cases, thefts of items from the vehicles was also reported. Carlson added that in every recent instance, the vehicle was unlocked when it was broken into.

Police ask that if anyone recognizes the individual in the video or has other information on the case, they contact police at 937-767-7206.

The post VIDEO: Police seek to identify suspect in recent vehicle break-ins appeared first on The Yellow Springs News.

YS man not guilty in rape case

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Jacob Pflanzer, of Yellow Springs, was found not guilty on multiple counts of rape by a Greene County jury late Wednesday afternoon, Sept. 25, following a three-day trial in Xenia.

“I’m glad that the truth came out finally,” Pflanzer, 29, said when asked for comment outside the courtroom after the not guilty verdicts were read.

The jury included eight women and four men, and the trial took place in the courtroom of Judge Steven A. Wolaver in the Greene County Court of Common Pleas.

Planzer was accused of sexually assaulting a then-20-year-old Kettering woman at his South Stafford Street home in April 2018; and a secret indictment was filed against him Nov. 2, 2018, on four counts of rape, a first-degree felony, and one count of gross sexual imposition, a fourth-degree felony. Yellow Springs police conducted the investigation, and Pflanzer, then 28, was arrested by Xenia police on Nov. 8.

The Yellow Springs Police Department became involved in the case after receiving a call from Kettering Medical Center at 8:05 a.m. April 8, 2018, regarding an alleged assault in Yellow Springs. The woman was an acquaintance of Pflanzer, according to dispatch records. The case was assigned to Sgt. Naomi Watson of YSPD, who first met with the woman on April 9, 2019, at the Kettering Police Department.

The trial began on Monday, Sept. 23, and Sgt. Watson sat with Greene County assistant prosecutors David Morrison and Cheri Stout for the duration.

At trial, Pflanzer’s attorney, Adam Arnold of Dayton, argued that the sexual conduct that took place was consensual. In his opening statement, Asst. Prosecutor Morrison also addressed the issue and said that the case came down to judging whom to believe.

“When you have an alleged sexual assault where one says it’s consensual and the other says it’s not, someone is not telling the whole story,” Morrison said.

Arnold also argued there were inconsistencies in the woman’s story and that the woman’s build relative to the accused suggested she could have resisted unwanted sexual contact. In addition, he argued that the YSPD investigation was flawed because photos of the woman were not taken, one witness was not interviewed and the woman’s boyfriend was not asked to provide a statement, among other issues cited.

“The investigation was incomplete, if you can call it an investigation,” Arnold said.

The state presented physical evidence showing injuries they argued were consistent with sexual assault, including bite marks and scratches along with testimony from the woman who said she did not consent to the acts.

“She’s telling him no, she’s saying ouch, she’s conveying pain,” Morrison explained in his opening statement.

“I felt taken advantage of,” the woman said in her testimony.

In her testimony, the woman said that around 3 a.m. April 8, 2018, she drove to Pflanzer’s home in Yellow Springs for what she thought was a gathering of friends. Instead she said she found only Pflanzer there, along with one other person who was asleep on the couch. The woman described him pushing her against a kitchen countertop and then into his bedroom, where she said he held her down by the wrists during the alleged assault. She added that she was crying and telling him to stop while “frozen” in panic.

Pflanzer did not testify, but said in a phone call with the woman, conducted with Yellow Springs police listening without his knowledge, that he did not hear her say no or cry during the incident. And in a later interview with YSPD, he told Sgt. Watson that the woman did not push him away.

“I didn’t notice. I apologize,” Pflanzer said during the controlled call. “If there’s anything I can do, let me know.”

Reached by phone for comment after the verdict, Yellow Springs Police Chief Brian Carlson said he stood by the quality of the local police department’s investigation.

Read the Oct. 3 print edition of the YS News for a full story.

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YSPD closes the case on fatal shooting

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The Yellow Springs Police Department officially closed its case this week in the Dec. 13, 2018, fatal shooting of local resident Kenneth Livingston.

The YSPD — which determined after an initial investigation that Livingston, 40, died of an accidental, self-inflicted gunshot wound to the head — had waited in recent months for the final results of a DNA analysis of the gun to conclude the case. The shooting took place on the deck of at a friend’s downtown Yellow Springs apartment about 10:15 p.m. during a small social gathering.

In a letter to the local department dated Sept. 20, 2019, Greene County Prosecuting Attorney Stephen K. Haller wrote that he supported the YSPD’s finding:

“It is the opinion of the Greene County Prosecuting Attorney that the death of Kenneth E. Livingston was due to his own accidental shooting, based on the evidence, extensive investigation, the Coroner’s findings and official verdict. No criminal charges will be filed against any person in this matter.”

Previously, in February, Greene County Coroner Kevin Sharrett ruled that Livingston’s death was an accident. His finding was that Livingston died of acute ventricular dysrhythmia and a contact gunshot wound of the head. The coroner noted “muzzle abrasion on the skin,” which, along with other evidence, indicated that the gun was in close range to the skin when fired.

The YSPD investigation additionally included witness statements and the results of DNA testing on the firearm from the Miami Valley Regional Crime Laboratory. Those results indicated that no DNA foreign to Livingston was found on the handgun used, and were completed on Aug. 22. The investigating officer, YSPD Officer Paul Raffoul, then met with Greene County prosecutors on Sept. 6 to review the file.

According to the YSPD investigation, one witness — the witness on the deck with Livingston at the time of the shooting — stated it was common for Livingston to carry a firearm and show it to others and that “many times” before he had put an unloaded gun to his head and pulled the trigger.

In a statement to the News this week, YSPD Chief Brian Carlson wrote: “We are deeply saddened by the tragic loss of a member of our community.”

The post YSPD closes the case on fatal shooting appeared first on The Yellow Springs News.

Council reviews YSPD assessment

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When Bob Wasserman came to Yellow Springs  last spring to complete an assessment of its police department, he found that officers were committed to “doing the right thing,” yet troubled by perceived attacks on them on social media.

At the same time, Wasserman found that villagers wanted to know their officers and for their officers to know them, and also wanted the department to be transparent and accountable for its actions.

To address those needs, Wasserman and report co-author Bob Haas drafted a series of findings and recommendations for the Yellow Springs Police Department, largely around improved transparency, management and implementation of community policing strategies.

In recent weeks, Council members and Village staff have responded to Wasserman’s 50-page report. And, by phone earlier this month, Wasserman summarized his findings.

Although “everyone talks about community policing,” it must be clarified in policy and implemented by department leadership, Wasserman explained.

One of Wasserman’s suggestions is for the police to assign officers to six different neighborhoods in the village.

“Community policing is about geography — that will always be the core,” Wasserman said. “If you have a neighborhood, the officers can take ownership and be accountable for it.”

Management stood out as a problem at the local department, Wasserman said. Regarding Chief of Police Brian Carlson, Wasserman said he is “liked and respected” but “not a skilled manager.”

“He relegated management to the sergeants. He can’t do that,” Wasserman said.

Wasserman added that local police should see calls not as incidents, but as “ongoing problems with a past and a probable future.” He cited research that about half of all calls are places the police visit 12 or more times per year.

“The officers have to figure out what the issue is and how to solve it by referring calls and involving other agencies,” Wasserman said.

Wasserman said that he heard concerns from some villagers about the police targeting minorities, for example by following them in their vehicles at night. He feels better public engagement and an active citizen advisory committee could help address those concerns.

But the advisory committee, Wasserman urged, should not be “just friends of the policemen.” And when an incident occurs, the local department should be as open and transparent as possible, even in the case of a mistake. Wasserman added that when there is a complaint against someone in the department, a neutral party should investigate the matter.

Looking to a future where more officers live locally, Wasserman suggested the department work with high school students, perhaps offering a summer internship.

“Some will say, ‘I want to be police,’” Wasserman said of such a project.

Reached for comment on the report this week, Chief Carlson said his biggest takeaway was the importance of transparency. Although he says he has struggled with the release of information that might either jeopardize an investigation or compromise a citizen’s privacy, he is learning what can be shared.

“In being transparent with a progressive approach, we’ll be able to get information out on the front end of a situation,” Carlson said.

Carlson also said he thought that the idea of policing neighborhoods was a good one.

“I definitely want the officers in the neighborhoods focusing more on public safety than just on traffic control,” he said.

Council is now looking for feedback on the assessment. Those interested should send comments to Council Clerk Judy Kintner by Friday, Sept. 27, at clerk@vil.yellowsprings.oh.us. Village Manager Josue Salmeron suggested villagers respond to the questions: “What do you appreciate about the assessment? What’s missing? What needs to be corrected?”

Village staff will address the report in more detail at Council’s next meeting, Monday, Oct. 7.

During its most recent meeting, Council broached the subject, but did not go into detail.

MacQueen reiterated her disappointments that the assessment took longer than anticipated and might not be relevant for a small community.

Stokes said that he thought that assigning officers to neighborhoods or “beats” was a good idea. However, he was worried about the “budget ramifications” of some of the suggestions.

“Are we getting more people, or giving more people more responsibilities?” he asked.

Salmeron said that some of report’s suggestions are already underway.

“One of the recommendations is to create a new vision statement and we know we already have one,” Salmeron said.

Villager Matthew Kirk said from the floor that he wishes local cops were more visible walking and biking around town and “actively engaging people” rather than staying in a vehicle, which he said “poses a barrier.” He added that evaluations should include metrics such as “how people are serving their community,” and not typical “law enforcement metrics.”

Also from the floor, John Hempfling commented that many villagers feel there is an “ongoing problem” with YSPD and urged the creation of a standing citizen body.

“In order to credibly address people’s concerns, it’s important to work with a Justice System Commission,” Hempfling said.

Later in the meeting, during a discussion of “commission effectiveness,” several Council members suggested that instead of an official commission of Council, the Village might consider making the Justice System Commission a Village Manager’s advisory board. The change was suggested after only three citizens expressed interest in the nascent commission, and also due to Council member workload. In response to that possibility, Hempfling said there could be a “credibility issue.”

“The manager’s office has not been seen as a check on the police department, or independent from staff,” Hempfling said.

In other Council business —

Glen project get Council nod

Council unanimously passed a resolution to support Glen Helen’s application for state funds to build access improvements near the entrance off of State Route 343. The Glen is looking to re-develop a parking lot previously available at that site and also wants to erect a public restroom and a gatehouse for staffed access to the preserve.

Glen Helen Executive Director Nick Boutis said adding the parking area will allow people with limited mobility to access the park.

“I hear from folks that tell me they love Glen Helen and can no longer visit it because they cannot go down the stone steps,” Boutis said.

The gatehouse, meanwhile, would help to “ensure that after hours [the Glen] doesn’t become a vector for troublesome behavior,” Boutis said.

Boutis said the resolution would help the nature preserve, which is owned by Antioch College, in its application to the Ohio Public Works Commission.

Prosecutor talks local court, immigration

During special reports, Greene County Prosecutor Ron Lewis shared his thoughts on the Yellow Springs Mayor’s Court and the county’s involvement with immigration enforcement.

Lewis said that while he supports the local court, “I do think there are some things that are not appropriately funneled to a mayor’s court.”

Lewis said that charges that could be “enhanced” by a later crime, such as a first-time OMVI (operating a moving vehicle while intoxicated), should not be tried before a mayor’s court. Specifically of OMVIs, Lewis said that “enhancements” are crucial because after a second offense, the chances of re-offending are high for the crime.

“It’s important to enhance those penalties so you can deal with them in a proactive manner and get the help they need and protect the public at the same time,” Lewis said.

In addition, Lewis said that cases involving a protection order should not be seen in a mayor’s court because the county has better resources for victims, including an on-call victims advocate and the ability to arrest a suspect who violates a protection order.

Mayor Pam Conine said from the floor that while she is trained to hear cases involving OMVIs, those offenders can receive more help from county programs if their cases are heard in Xenia.

In response to a question about why a resident who was recently taken to Greene County Jail by Yellow Springs police was subsequently transferred to immigration and customs enforcement custody, Lewis said the involvement of ICE in county law enforcement is rare and was because the individual had a “detainer for a felony warrant.”

“We have a number of undocumented people who come through our courts, and ICE is not contacted,” Lewis said. “Almost all are traffic related because they don’t have a license and ICE has no interest in them, to my knowledge.”

In November, Lewis is running unopposed to be a judge on the Xenia Municipal Court.

Temporary transportation projects

During the Citizen Concerns portion of the meeting, Dan Carrigan and Matthew Kirk spoke critically of the Village’s plans for a temporary transportation project involving turning Short Street and the section of South Walnut Street from Short Street to Limestone into one-way streets to improve pedestrian safety and reduce traffic congestion in the area.

Carrigan said he worried that the project would be tested without a “baseline.”

“How will you know congestion has changed?” Carrigan asked. “Disrupting the traffic circulation for the whole day for the whole village is not based upon facts.” he added.

Kirk criticized the proposed prohibition of left turns from South Walnut onto Limestone, noting that it would be inconvenient for those villagers living on the south side of town. He suggested instead a solution for Mills Lawn drop-off that involves creating a drop-off lane from what is currently a row of parking spaces in front of the school.

“What we want is a safer drop-off place for schools, and what we can do is create a safe drop-off space,” Kirk said.

Housh defended the temporary projects, saying “I know change can be hard,” but asked villagers to be open to trying out alternatives. Referencing the 2018 Active Transportation Plan, Housh said, “I feel very strongly that we have a plan and that we should at least see how things can help.”

MacQueen said she “appreciates the reactions” and that she wants to promote active transportation in the village, saying the focus is on “the more that we can make this a place that is safe for walking and biking, and safe for kids to walk and bike to school.”

Next meeting

Council’s next regular meeting is Monday, Oct. 7, at 7 p.m., in Council chambers.

Contact: mbachman@ysnews.com

The post Council reviews YSPD assessment appeared first on The Yellow Springs News.

YSPD closes case on fatal shooting

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The Yellow Springs Police Department  officially closed its case last week in the December 2018 fatal shooting of local resident Kenneth Livingston.

The YSPD has confirmed its initial determination that Livingston, 40, died of an accidental, self-inflicted gunshot wound to the head during a small social gathering at a downtown apartment. That finding was upheld by an investigation that included forensic analysis, witness interviews and a coroner’s report, according to YS Police Chief Brian Carlson this week.

“It was a complete accident,” Carlson said.

A resident of the village, Livingston grew up in town and attended Yellow Springs schools. He was the son of the late local police officer Hugh Livingston.

“We are deeply saddened by the tragic loss of a member of our community,” Carlson wrote in a statement last week.

According to investigation documents released to the News last week, the shooting took place on the deck of a Corry Street apartment on the evening of Thursday, Dec. 13, 2018. According to witnesses, Livingston brought his handgun to the party and had showed it to friends earlier in the night. At around 10:15 p.m., on the deck, two witnesses said they saw him put the gun up to his head and pull the trigger.

Despite early indications that Livingston died accidentally at his own hand, Carlson said the investigation, led by responding Officer Paul Raffoul, “considered every avenue.”

“We didn’t get tunnel vision on it,” Carlson said. “We opened up the box.”

Carlson added that the five people present at the gathering, three of whom left after the shooting and before police arrived, were never suspected of foul play.

In a letter to the local department dated Sept. 20, 2019, Greene County Prosecuting Attorney Stephen K. Haller wrote that he supported the YSPD’s conclusion in the case:

“It is the opinion of the Greene County Prosecuting Attorney that the death of Kenneth E. Livingston was due to his own accidental shooting, based on the evidence, extensive investigation, the Coroner’s findings and official verdict. No criminal charges will be filed against any person in this matter.”

The delay in closing the investigation came as the Village waited on several other agencies, according to Carlson this week. They included the Miami Valley Regional Crime Laboratory, which was completing a DNA analysis of the firearm, and the Ohio Bureau of Criminal Investigation, or BCI, which is involved in investigating the homicide of villager Lonya Clark.

According to Carlson, BCI requested that YSPD keep the Livingston case open to investigate claims that they were possibly connected. Clark had helped the apartment resident clean up the scene the following morning, but otherwise there was no connection, Carlson said.

Previously, in February, Greene County Coroner Kevin Sharrett ruled that Livingston’s death was an accident. His finding was that Livingston died of acute ventricular dysrhythmia and a contact gunshot wound of the head. The coroner noted “muzzle abrasion on the skin,” which, along with other evidence, indicated that the gun was in close range to the skin when fired.

Later on in the investigation, gun shot residue was found on Livingston’s hand, along with indications that no one had handled the gun after Livingston, Carlson said.

Although an analysis of the firearm did not find any DNA foreign to Livingston, the gun’s loaded magazine did, which corresponds with witness testimony that both had been handled by friends at the party, Carlson added.

An empty magazine was also found at the scene, raising the possibility that the two magazines may have been switched, by Livingston or another. Carlson said that while that is possible, it does not mean it was done intentionally.

“Is that a possibility? Absolutely. Does it incriminate anyone else? No.”

According to the YSPD investigation, one of the two witnesses on the deck with Livingston at the time of the shooting  stated that it was common for Livingston to carry a firearm and show it to others and that “many times” before he had put an unloaded gun to his head and pulled the trigger. A friend not at the gathering told police Livingston carried his handgun in the village often.

The coroner’s toxicology report additionally indicated that Livingston had consumed alcohol and marijuana, with a blood alcohol content of 0.125, a level at which “significant impairment of motor coordination and loss of good judgement,” can occur, according to the investigation.

Initial reports of two gunshots were found to be an echo created between the apartment building and Peach’s Grill, according to the investigation. In addition, a bystander report of a man running from the scene in a bullet-proof vest with an assault rifle turned out to be unfounded, the investigation concluded.

Contact: mbachman@ysnews.com

The post YSPD closes case on fatal shooting appeared first on The Yellow Springs News.

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