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Tandemkross

Author Topic: Canton Ohio Police CCW encounter gone terribly wrong  (Read 5551 times)

Offline masfonos

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Canton Ohio Police CCW encounter gone terribly wrong
« on: July 26, 2011, 03:21:28 PM »
Has anyone been following the story about Canton PD officer Daniel Harless and his traffic stop of a 52 year old CCW-er?


The following was posted by cptmack on the Ohioans for Concealed Carry forum:
Quote
Hello everyone. Been awhile since I've posted. I guess the good news is concealed carry seems to have gotten "normal." There just don't seem to be as many exciting issues anymore.

I am representing someone in a failure to notify case. It is an ongoing legal case, so I dont want to post too much here right now. I watched the video today, and it verified an almost unbelievable story my client told me. To make this real brief - my client was stopped. Tried to notify, but was told by one officer to shut up. Another officer came to the driver's side door, and again my client tried to notify. You can hear him in the video say "I've got . . ." before he his cut off with a profanity laced tirade, and demand for his driver's license. My clent hands the officer his license, tries to notify again while holding his CHL in his hand. The officer says "What? What are you waving around that you want me to see?" He takes it, looks at it, while my client says "I'm trying to tell you . . ." The officer asks, "do you have a gun? My guy says "Yes" and then is pushed against his vehicle while the officer takes the gun from my client's waistband holster. The total time from the officer approaching the car door to being told he has a gun was 55 seconds.

It gets worse from there. The officer tells my guy that "I should blast you right in the mouth." "I'm close to caving in your head." "You are a stupid human being." "How would you like it if I pull mine and stick it to your head." When speaking to another officer, he says "I hate these ***** with their gd permits." And, again, later tells my client "I should have taken 2 steps back, put 10 rounds in your ***, and left you lying there. I should have executed you, and I'd go home and sleep good tonight."


Internal affairs was notified. I am having a difficult time conveying the intensity involved. This was bad, really bad scene.

Sorry I can't say more right now. Be careful out there!!

Edit to add one more bit of information. My client was stopped in his motor vehicle at the time. He was in a no parking zone. This was not the result of a high speed chase or anything like that.

and was followed later by the dashcam video of the encounter, which shows Harless making the above statements and telling the driver that his partner would be the perfect witness for the execution:

[youtube]http://www.youtube.com/watch?v=kassP7zI0qc[/youtube]


Harless, who has received official reprimands in the past for his behavior, has been investigated by Canton PD's internal affairs unit on 16 complaints against him dating back to 2000, some of which involved use of excessive force.  Harless also appears to have a history of turning off (or not turning on) his in-car video during stops.


About a month and a half after the incident, Fox News caught wind of it and did a story on it.

Canton Police Chief Dean McKimm called it an isolated incident and said “I think it’s important for citizens to understand that the behavior demonstrated on the video is wholly unacceptable, and it violates many of our rules, our regulations and standards we demand of our officers.”

The most recent update from Ohio CCW is:
Quote
UPDATE 7/22/2011: Canton Police announced Thursday that the officer was relieved of all duties in June following an internal investigation complaint filed in this matter. The local Canton Repository has done some additional investigatory work into the officers and an excellent analysis of the video / audio we posted.

The Canton Repository story can be seen here.


It's hard to tell if Harless is officially canned or if he's just cooling off for now.  Sources indicate that he was placed on paid administrative leave June 20 after being off work for several days on sick leave.  Given the history of officers in similar situations and their unionized positions, it would not come as a surprise if Harless is back on the streets "serving and protecting" in the near future, either in Canton or elsewhere.


It's unsettling to think of how easy it would be for one of these types of clowns to make good on his threats to the driver and later claim "furtive movements."  Especially with a history of not producing video recordings of stops.  I can't imagine that Harless wasn't under the impression that his camera was off again this time.  Many, if not most, cops are undoubtedly good guys but it doesn't take many of these types of incidents to severely undermine public trust.

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Canton Ohio Police CCW encounter gone terribly wrong
« on: July 26, 2011, 03:21:28 PM »

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Offline Uncle Buck

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Re: Canton Ohio Police CCW encounter gone terribly wrong
« Reply #1 on: July 27, 2011, 10:11:44 AM »
As for his camera being off:  He has been allowed to get away with it before (Camera off) so I would suspect he just never thought about it consciously.

This is one officer who needs to look for another line of work.  People like him give the police a bad name.

Offline masfonos

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Re: Canton Ohio Police CCW encounter gone terribly wrong
« Reply #2 on: July 28, 2011, 06:09:20 PM »
[youtube]http://www.youtube.com/watch?v=vBfpBxY2J00[/youtube]

Canton city council president Allen Schulman going on a tirade during a radio interview, calling Ohio gun laws (and concealed carry laws in general) "insane".  He also basically says that the entire situation is no business of out-of-towners and that they should butt out but then goes on to say "you're next."

As a side note, many of the places that Schulman claims legal CCWers are carrying guns and causing problems (e.g. colleges, universities, bars, etc.) are considered "forbidden carry zones" in Ohio.

Despite schulman saying that it's no business of out-of-towners, he does claim that we're next.  If you'd like to contact Schulman, his city council colleagues or the mayor of canton, here are their email addresses as listed on cantonohio.gov:

allen.schulman@cantonohio.gov - Council President
marycirelli@neo.rr.com - At large Council member
joe.cole@cantonohio.gov - At large Council member
william.smuckler@cantonohio.gov - At large Council member
william.healy@cantonohio.gov - Canton Mayor

Offline Uncle Buck

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Re: Canton Ohio Police CCW encounter gone terribly wrong
« Reply #3 on: July 29, 2011, 08:56:06 AM »
What a moron.  I can only shake my head at people like this that are constantly complaining about you and I carrying guns, while they are protected by the police.

Offline GunLink

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Re: Canton Ohio Police CCW encounter gone terribly wrong
« Reply #4 on: August 01, 2011, 02:56:28 PM »
Another video of Officer Harless, once again threatening to murder citizens and "go to sleep tonight" after he "kills every one of you mother****s" has surfaced.  See the NSFW profanity laced video below (He begins seriously losing his temper around 2:30):

[youtube]http://www.youtube.com/watch?v=3A3umbwBLnc[/youtube]

Choice quotes include:  "Don't (expletive) move. Let me see your (expletive) hands." "I'll kill every one of you (expletive). There's a (expletive) gun in this car. You (expletive) move, I'll shoot you in the head." Harless then threatens to send the suspects "to the grave" and tells them that he "will shoot you in the face and I’ll go to sleep tonight," which is nearly an exact quote from his recent incident.

Oddly enough, Bill Adams, the president of the Canton Police Patrolmen's Association who assured the public that Harless' recent trouble was an "isolated incident," has apparently not been available for comment to any of the media who try to contact him.

The occupants of the vehicle in this older, but more recently released, incident did not file any complaints against the officer with internal affairs (meaning that this isn't one of his 16 investigations or reprimands) which may further lead one to wonder how many more times similar behavior has taken place.


A Canton Repository news article about this recent finding may be found here.

Video: Officer Harless also lost temper on earlier arrest
Shane Hoover
Jul 28, 2011


The police department is investigating a second incident involving an officer already under scrutiny for his conduct during the arrest of a man with a gun.
...
Police Chief Dean McKimm said he will review the results of both investigations and forward them to the safety director as one package because of the related subject matter. The chief expected to have the necessary information in a couple of weeks.

Harless, a 14-year department veteran, remains on sick leave.

Offline GunLink

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Re: Canton Ohio Police CCW encounter gone terribly wrong
« Reply #5 on: October 01, 2011, 12:57:56 PM »
See the thread about Ohio SB17 to find out about important CCW reform which took effect yesterday (September 30, 2011) which will amend sections 2923.121, 2923.125, 2923.128, 2923.16, 2953.321, 2953.33, and 2953.35 and to enact section 2953.37 of the Revised Code to permit a concealed carry licensee to possess a firearm in a liquor permit premises, or an open air arena, for which a D permit has been issued if the licensee is not consuming beer or intoxicating liquor or under the influence of alcohol or a drug of abuse, to modify the offense of improperly handling firearms in a motor vehicle as it applies to concealed carry licensees, and to authorize the expungement of a prior conviction of improperly handling firearms in a motor vehicle that no longer would be a crime under the bill."

Note that this legislation DOES NOT remove the requirement to notify officers of one's CCW status.



Quote
2923.16 Improperly handling firearms in a motor vehicle.
(E) No person who has been issued a license or temporary emergency license to carry a concealed handgun under section 2923.125 or 2923.1213 of the Revised Code or a license to carry a concealed handgun that was issued to the person by another state with which the attorney general has entered into a reciprocity agreement under section 109.69 of the Revised Code, who is the driver or an occupant of a motor vehicle that is stopped as a result of a traffic stop or a stop for another law enforcement purpose or is the driver or an occupant of a commercial motor vehicle that is stopped by an employee of the motor carrier enforcement unit for the purposes defined in section 5503.34 of the Revised Code, and who is transporting or has a loaded handgun in the motor vehicle or commercial motor vehicle in any manner, shall do any of the following :

(1) Fail to promptly inform any law enforcement officer who approaches the vehicle while stopped that the person has been issued a license or temporary emergency license to carry a concealed handgun and that the person then possesses or has a loaded handgun in the motor vehicle;

(2) Fail to promptly inform the employee of the unit who approaches the vehicle while stopped that the person has been issued a license or temporary emergency license to carry a concealed handgun and that the person then possesses or has a loaded handgun in the commercial motor vehicle;

(3) Knowingly fail to remain in the motor vehicle while stopped or knowingly fail to keep the person’s hands in plain sight at any time after any law enforcement officer begins approaching the person while stopped and before the law enforcement officer leaves, unless the failure is pursuant to and in accordance with directions given by a law enforcement officer;

(4) Knowingly have contact with the loaded handgun by touching it with the person’s hands or fingers in the motor vehicle at any time after the law enforcement officer begins approaching and before the law enforcement officer leaves, unless the person removes, attempts to remove, grasps, holds, or has contact with the loaded handgun pursuant to and in accordance with directions given by the law enforcement officer;

(5) Knowingly disregard or fail to comply with any lawful order of any law enforcement officer given while the motor vehicle is stopped, including, but not limited to, a specific order to the person to keep the person’s hands in plain sight.

Quote
(I) Whoever violates this section is guilty of improperly handling firearms in a motor vehicle. [...]Except as otherwise provided in this division, a violation of division (E)(1) or (2) of this section is a misdemeanor of the first degree, and, in addition to any other penalty or sanction imposed for the violation, the offender’s license or temporary emergency license to carry a concealed handgun shall be suspended pursuant to division (A)(2) of section 2923.128 of the Revised Code. If at the time of the stop of the offender for a traffic stop, for another law enforcement purpose, or for a purpose defined in section 5503.34 of the Revised Code that was the basis of the violation any law enforcement officer involved with the stop or the employee of the motor carrier enforcement unit who made the stop had actual knowledge of the offender’s status as a licensee, a violation of division (E)(1) or (2) of this section is a minor misdemeanor, and the offender’s license or temporary emergency license to carry a concealed handgun shall not be suspended pursuant to division (A)(2) of section 2923.128 of the Revised Code. A violation of division (E)(4) of this section is a felony of the fifth degree. A violation of division (E)(3) or (5) of this section is a misdemeanor of the first degree or, if the offender previously has been convicted of or pleaded guilty to a violation of division (E)(3) or (5) of this section, a felony of the fifth degree. In addition to any other penalty or sanction imposed for a misdemeanor violation of division (E)(3) or (5) of this section, the offender’s license or temporary emergency license to carry a concealed handgun shall be suspended pursuant to division (A)(2) of section 2923.128 of the Revised Code.

Offline GunLink

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Re: Canton Ohio Police CCW encounter gone terribly wrong
« Reply #6 on: October 18, 2011, 10:15:44 AM »
Update on Canton PD Traffic Stop Gone Awry for CCW Holder
GunLink.info
10/18/2011


Bartlett Trial Date Set

Municipal Judge Stephen Belden heard arguments at the end of September to determine if the charges against 52 year old Brewster man, William Bartlett, had any grounds.  Bartlett had been arrested on June 8th and charged with stopping in a roadway and failure to notify the officer of his concealed-carry status.  The original story, as well as video, is above.  Judge Belden held a brief court hearing last Monday during which Bartlett's trial was scheduled for November 9 at 0900.

Among other unsuccessful arguments for dismissal, defense attorney Timothy Bellew maintained that the law requiring prompt notice from a licensee stopped by the police is unconstitutionally vague and may conflict with the requirement for a licensee to follow all lawful orders given by police, such as the repeated order from Officer Harless for Bartlett to "shut up."

If you would like to contribute to Bartlett's legal defense fund, you may do so here.

Harless Hearing Still Over A Month Away After Delay

Justice is also less than swift in coming for the arresting officer, Daniel Harless.  Harless was put on administrative leave in June, shortly after the incident, and then later went on medical leave.  Harless' disciplinary hearing, a process he should be used to by now, was postponed in early September at the request of the Canton Police Patrolmen's Association, which claims that the patrolman is suffering with post-traumatic stress disorder (PTSD).  Safety Director Thomas Ream denied the union's request for an indefinite extension, instead granting a 90-day delay, slating the hearing for Dec. 1 in the matter of his behavior with Bartlett and other questionable traffic stops.  

Bartlett's defense attorney asked the judge during a late September hearing to make available all statements made by Harless and his partner, Mark Diels, to Internal Affairs investigators.  Chief Assistant City Prosecutor Jennifer Fitzsimmons replied that Harless had never given a statement and that Diels’ statement could be provided to the court for review.

Ostracized City Council President Invited Shooting

Canton city council president Allen Schulman drew much criticism after going on a tirade during a radio interview.  Schulman called Ohio gun laws (and concealed carry laws in general) "insane".  His comments prompted an avalanche of phone calls, letters and emails from firearms and CCW advocates around the country.   Schulman then responded to this uninvited criticism by telling out-of-town commentators to butt out, telling them "you're next" in reference to the Harless/Bartlett situation spreading nationwide under so-called "insane" gun laws.

Ohioans for Concealed Carry reported that Schulman contacted them after they broadly publicized the criticism he was receiving on what OFCC calls a "hardline, anti-gun position."  The result of that conversation, OFCC says, was Schulman offering to lend his political clout to attempts at revising the CCW-notification law, for which new legislation is currently being written.  Schulman also accepted OFCC's invitation for a trip to the pistol range along with former Governor Ted Strickland and OFCC coordinator Phillip Mulivor.  The range trip is scheduled for some time in November.  Only time will tell if Schulman has truly seen the light or if this is just Zumbo-esque back-peddling and pandering after planting his foot firmly in his mouth.




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