Found the following discussion on a now-defunct local forum called EatonLink. The archived link is here...
web.archive.org/web/20030428134630/www.eatonlink.com/main/topic.asp?TOPIC_ID=1911I am going to copy the posts here for fear that these pages could one day no longer be accessible...
-------------------------------------------------------------------------------
Drug tip led to Preble raid, search warrant reveals
By Cathy Mong
e-mail address: cathy_mong@coxohio.com
Dayton Daily News
EATON | A confidential informant told Eaton police Detective Jeff Cotner on Sept. 23 that he had overheard two Preble County residents hatching a plan to rob a farmhouse of 13 pounds of marijuana they thought was stashed in a safe there, according to a search warrant released from Preble County court files Wednesday.
Four days after the tip, two teams of specially trained police officers from the Preble County Sheriff's Emergency Services Unit, armed with shotguns, sidearms, a flash-bang grenade — and the search warrant — stormed a house at 1282 Ohio 503 south of West Alexandria.
Minutes later, 23-year-old Clayton R. Helriggle lay dead, fatally wounded by a shotgun blast fired by Sgt. Kent Moore of the Lewisburg Police Department.
An affidavit used to obtain approval on Sept. 27 for the search warrant from an Eaton Municipal Court judge also indicated that police believed that it would be "extremely difficult" to approach the farmhouse without being noticed.
Cotner wrote in the court records that "those who purchase and deal in illegal contraband are frequently armed and dangerous and inclined toward violence" and that at least "two guard dogs of a viscious (sic) breed" are at the house, and that any "notice of an impending search could result in the destruction of marijuana."
Few other details about the shooting have been available, and the search warrant was ordered sealed by the Eaton Municipal Court judge on Sept. 30.
On Tuesday, a Preble County grand jury concluded there was no criminal wrongdoing by Moore or any other officer involved in the drug raid at Helriggle's rented house. The grand jury also decided it would not indict any of Helriggle's four roommates who lived in the house where police said they had found a small amount of marijuana.
The grand jury also heard findings from a report by the Montgomery County Sheriff's Office. The report has not been made public, and Montgomery County Sheriff Dave Vore said Wednesday that Montgomery County Prosecutor Mathias Heck's staff is reviewing the investigation and will determine if the report can be released. Vore declined to comment further.
Other details were released Wednesday with the search warrant, which Judge Paul D. Henry approved in Eaton Municipal Court on Sept. 27.
According to an affidavit included with the search warrant, two men, Kevin Leitch and Kevin Osborn, were believed to be planning to steal marijuana from Helriggle's house.
Leitch and Osborn had been found guilty in Preble County Common Pleas Court of multiple residential burglaries and were free on bond and awaiting sentencing.
The affidavit stated that Leitch learned about marijuana supposedly at Helriggle's house through a girlfriend, Samantha Webster, whose sister, Tasha, was one of Helriggle's four roommates.
On Sept. 24, the confidential informant told Cotner, the Eaton police detective, that Helriggle's rented house was the former home of a well-known criminal, according to the affidavit, which also noted that David Lindloff, an investigator with the Preble County Prosecutor's Office, "knows from personal experience" that "said address matches exactly the description provided" by the informant.
Preble County sheriff's deputies watched Helriggle's house for 45 minutes on Sept. 25 and observed six cars arrive and leave, according to the affidavit. Leitch also said that earlier on Sept. 25, he drove Samantha Webster to Helriggle's house and bought a $60 "quarter bag" of marijuana there, and on the next day she bought a $30 "eighth bag" of pot at the same address. According to the affidavit, the girlfriend told Leitch that an unidentified "dealer" living at Helriggle's house received weekly shipments of between 5 and 10 pounds of marijuana, that Friday was the "busiest day of drug trafficking activity," and that "no sales occur after 10 p.m. because the residents of the house work in the morning."
Leitch, 20, was sent to Lebanon Correctional Institution on Nov. 5 to serve a three-year prison term for forgery, theft, burglary, breaking and entering and safecracking. Osborn, 18, an inmate at Madison Correctional Institution since Dec. 18, is serving four years for burglary, theft, safecracking and breaking and entering.
I been reading the paper for along time and haven't quite read anything like this before.When did the paper start telling us who said what to get anybody in trouble.And who is buying drugs and for how much?.And what in the hell does it matter who lived in that house before them.That was then this is now.And I didn't think that the people that live there before were criminals,don't you got to be in trouble with the law first.
-----------------------------------------------------------------------
I saw that article after the grand jury on the Helriggle case found no reason to send the case to trial. I think it is a bit fishy about the appeareance of the article and all the detailed info. Also the informants were sentenced to prison quite awhile after the original incident happened.It is a shame that there wasn't better research done or conducted on the farmhouse, that sounds really fishy to me. That's just my opinion.Also, FYI.. from other reports...I find that the excuse for ceasing the entire emergency team was an act of extreme parinoia. I think that using the county's bad financial situation is hardly a good reason to get rid of a department that was so important before this incident occurred and that it had been in the budget in the last budget cycle. Also, I know that recently there has been county expenditures for new bullet proof vests for the sherriff's department. I am sick and tired or this good ole boy attitude more than many of you can ever imagine.. don't just sit and take this anymore.. it's just like the landfill, and the children's home. Aren't you sick of this.?
----------------------------------------------------------------------------
This is a sad situation. But it is very evident from this news article that someone really messed up the affair big time. Look at the facts.
They took the word of two people with past records and took action against people who had NO record. They did so with little surveillance and verification.
They made a lot of unfounded assumptions that led to a person's death. What is really a dead give away they are covering their rears is the fact the house was owned by a Preble County attorney and his family and they made every attempt to asswage the errors.
What I see in this is a huge lawsuit against Preble County that the Helriggles will WIN. In addition, the major blame lays squarely on the shoulders of those who ordered the hit. There should be some serious resignations as well.
ALL Preble County citizens should demand that this case not be swept under the carpet and the FEDS called in to do a more thorough investigation. You have to remember that this Grand Jury was ONLY for the purpose of determining whether any criminal charges should be filed against the officer who shot and killed the boy.
It is NOT the END of the matter. This situation was messed up from the outset. And there is a major legal case for excessive use of force and failure to confirm probable cause, and on and on.
I see some resignations and some heavy lawsuits before this is ever over. The reputation of the criminal justice system inPreble County has been dealt a serious blow and a black cloud still hangs over the County.
The alarming thing is this situation could happen to ANY citizen and for that reason Preble County citizens should DEMAND MAJOR CHANGES and resignations. Starting with the County Prosecutor and going from that point.
----------------------------------------------------------------------
I believe that the information is being given to reduce the impact of the Grand Jury investigation.
The more horrendous the actions, and the more shady the character of the residents and those around them can be made to sound, the easier it is to let it go, or at least to not blame the officials who (in my humble opinion) did not do their job with the utmost care and conscience nor for the good of the people (it was to put themselves in the spotlight).
Names are being used now to discredit and shame individules into silence. Again, this is my opinion.
As for being able to approach the farmhouse without being noticed, and that they (the residents) might destroy "the evidence" if they saw them coming, is a bit on the ridiculous side... I think if anyone tried to flush something of that nature and that much (13 pounds) down the toilet (cause for gosh sakes, you know you cant smoke or eat 13 pounds of fibrous material in 5 minutes, even if you have a goat in the room with you!) there would be some very drippy consequences.
The "Guard Dog Theory" made me chuckle....but it forces people who know no better to take a side...its for looks and to once again to throw a smoke screen over the facts of what was really in the house. And not being able to spell vicious right (even with spell check) makes me smile to myself.
And by the way...I don't remember ever seeing a safe on the list of evidence taken from the home, baggies yes, a safe, no.
So this leads me to believe that the information given was not researched or checked. I hope no one reports me for zip locks, because Kroger just had the super double coupons and I have at least 6 boxes!
And as for criminal wrongdoing on the side of the law, I choose not to use those words, but my own..Negligence and poor planning. They are the law and will never allow those words "criminal wrongdoing" to be used in the same sentence, even if true. However, other words fit the senerio.
And as for those who "spilled their guts" in regards to what was in the house, my next question is WHY? Maybe to lighten their sentences that are being so openly noted in the paper now? And if someone else turned them in, (as is being said) again, I ask what was the motive? A concerned citizen in a local watering hole? A nosey neighbor? Probably not. Unless the two Kevins were totally ignorant, their conversation was probably not held in the Courthouse foyer. So who was the knight in shining armor? And what did the information hold for him or her?
"On Sept. 24, the confidential informant told Cotner, the Eaton police detective, that Helriggle's rented house was the former home of a well-known criminal, according to the affidavit, which also noted that David Lindloff, an investigator with the Preble County Prosecutor's Office, "knows from personal experience" that "said address matches exactly the description provided" by the informant. "
Well the bit about the house being the the former home of a well-known criminal, what does that have to do with the price of tea in China?
Was it Bugs Malone, Bonnie and Clyde? Then Hell, someone should have made it a museum and charged admission...The pool sure could use the financial help.
My next question is what does "said address matches exactly the description provided" by the informant. " say...They have been in the house too??? How about that?!?! Wonder why?
As far as cars coming and going, I have a house filled with teens and grownups, we have cars going in and out and sometimes at odd hours, but that dosent mean I have something sinister in a safe in my underground tunnel...oh maybe that was too much information....
I ask alot of questions, but is there anyone willing to provide the answers??
Well, I will end with the same statement with which I opened,,,
I believe that the information is being given to reduce the impact of the Grand Jury investigation. What do you think???
--------------------------------------------------------------------------
After first reading the DDN article, I was struck by the fact that they based their "investigation" on what is essentially a rumour that a CI overheard 2 criminals allegedly planned on ripping someone off, and that 13 pounds of "supposed" dope was the target of the rip off. I say supposed because no one had seen the stuff. That is a pretty weak chain of evidence to be basing a SWAT raid on especially one that turned out so tragically. And then shortly after the grand jury's held, we start reading about the PCSO and how the SWAT team is being shut down for budgetary reasons. Coincidental?
--------------------------------------------------------------------------
Well, it doesn't bring Clayton back, but the Helriggles and others are going to get PAID PAID PAID by Preble County Government.
It's obvious from the County's actions subsequent to this situation, there's a huge liability hanging out there and a cash settlement will likely still be cheaper than a protracted civil case.
Wrongful death anyone?
-----------------------------------------------------------------------------
and the rest of the story goes like this:
Preble sheriff closes unit
Leader charged with dishonesty, breaking rules
By Cathy Mong
e-mail address: cathy_mong@coxohio.com
Dayton Daily News
EATON | The Preble County Sheriff's Emergency Service Unit, the group that stormed a farmhouse Sept. 27 and fatally shot a 23-year-old resident, has been shut down — at least temporarily — and its commander disciplined after being found guilty of neglect of duty, dishonesty and malfeasance on the job, said Sheriff Thomas Hayes.
Detective George L. Petitt, head of the specially trained unit since Oct. 23, 2001, violated sheriff's department rules and was observed frequenting the American Legion post on U.S. 35 West during work hours between Nov. 15-27, according to sheriff department records.
Petitt is on sick leave and has applied for retirement based on medical disability, Hayes said Friday.
The emergency services unit has been out of commission since the ill-fated drug raid because of budget cuts, Hayes said. Its 15 members were drawn from four Preble County police agencies to handle search-and-rescue operations, hostage negotiations and other high-risk situations.
By closing the emergency services unit, Hayes said he can save $21,000 a year in overtime charged by the squad's officers to attend training.
Hayes said Petitt's discipline had nothing to do with the raid at a farmhouse at 1282 Ohio 503, south of West Alexandria, during which Clayton Helriggle was shot and killed by Sgt. Kent Moore, a Lewisburg police officer. Hayes said a handgun was found near Helriggle's body.
Petitt's disciplinary conference was held Dec. 6. In addition to administrative charges of neglect
He didn't deny being at the tavern during the hours observed.
"If my car was there, I was there," Petitt said, according to a Dec. 9 memorandum to Hayes written by Sheriff Investigator John Krock.
Hayes suspended Petitt without pay Jan. 6-8, and assigned him to road patrol effective Jan. 11.
A report is expected to be made public Monday or Tuesday by the Montgomery County Sheriff's Office about its investigation of how the Preble County Sheriff's Emergency Service Unit handled the raid. Hayes asked Montgomery County Sheriff Dave Vore to investigate.
Hayes said he also asked Montgomery County to do an administrative review of the Preble County Emergency Services Unit. Other disciplinary action against officers involved in the raid could result, Hayes said.
He also said he has asked Vore to provide emergency services should Preble County need SWAT-type assistance.
Results of the investigation into the shooting were turned over to Greene County Prosecutor William Schenck, who presented findings to a Preble County grand jury.
On Tuesday, the grand jury voted not to indict any officer involved in Helriggle's shooting or anyone living in the farm house, where a small amount of marijuana was found.
Moore, who has been on leave from the Lewisburg Police Department since the shooting, is expected to return to work Monday, said Lewisburg Chief John Wright.
Police stormed Helriggle's house after obtaining a search warrant, based on a tip supplied by an unidentified informant and corroborated by convicted felon Kevin Leitch. The search warrant had been sealed until Wednesday.
Now my questions are if Petitt wasn't disciplined for actions concerning the raid
1. Then why does it say later in the article "Other disciplinary action against officers involved in the raid could result, Hayes said."
2. I understand that Petitt was disciplined for breaking the rules but what about the dishonesty? Where in the article is this explained because it says he admitted to his whereabouts!
3. If someone is so sick they are applying for a medical disability and on sick leave and obviously frequenting taverns then WHO?
?? would put someone with these problems in the position of being Head of the SWAT unit.
4. Was the grand jury made aware of the disciplinary procedures that happened before the grand jury met?
I agree with Freak that none of this will ever bring back Clayton and his smile that could lighten up the darkest days but suddenly it seems that a lot of the information that JOHN Q PUBLIC wouldn't believe or even consider on a former thread of West Alex Shooting is now all coming to light.
mal•fea•sance
Pronunciation: (mal-fE'zuns),
—n. Law.
the performance by a public official of an act that is legally unjustified, harmful, or contrary to law; wrongdoing (used esp. of an act in violation of a public trust).
Gee it seems like the only one involved in this situation with clean hands is Thomas Hayes how coincidental with re-election just around the corner.
----------------------------------------------------------------------------
How much can the county save by not paying out false "disability" claims?
-------------------------------------------------------------------------------
I have stated my position, have held tight to that position, and it seems that now the old closet doors are creeking open and the skeltons are gonna start falling out! In other words.... heads are gonna roll!
--------------------------------------------------------------------------------
But will heads really roll or will they just get a dutch rub to try to soothe over a few citizens that are afraid of having their home invaded because they have too many friends or as Samcyn says teenagers in their home. Think about it they observed the home for 45 minutes and observed 6 cars coming and going. Come on their were 5 people living there.
On any given day there may be as many as 10 cars come and go from our home. Any one of our 7 kids and their friends and their significant others. Then there also could be the pizza guy who happens to be a friend and great with helping us fix our computer through it's many crashes, not to mention our nieces, and nephews and at least half a dozen that we have taken into our homes when parents have to go off to war or foreign exchange students who need a place to stay when the family they came to live with didn't match their personality and siblings and parents. Luckily I live in a neighborhood where I know all my neighbors on a first name basis and they can probably tell you the name of almost anyone who walks through my door along with the connection each has and means to us.
Clayton was one of these such kids, he not only was welcome to walk into my home at any time of the day or night and as I have said before he had a smile that could brighten up any day.
So many of Clayton's friends have been through Hell not only the ones living within the home but longtime friends that feared being catergorized and fearing for their jobs or positions in the community so likewise they haven't truly been given a chance to gather and grieve with their friends.
I know, like I have said before I come on a little bit strong on this subject but it does lay very heavy on my heart. I can't hate the Policeman who shot Clayton because no amount of hate toward this man or no amount of discipline given will ever come close to matching the guilt that he will suffer for the rest of his life. It's just like war, talk to any veteran who served and had to kill a man it eats at his soul everyday like it was yesterday and it took a part of who they were away from them.
I know there will be many many hours of trials and investigations that
will follow in the weeks and months ahead for the Helriggle's and all I can say is ye who are so quick to judge, think about if this would have been your child and at least pray that these parents have the strength and perserverence to be able to finally get peace.
----------------------------------------------------------------------------
If the thin blue line is not broken, it will become a noose that will hang them all. There are too many good officers out there , Wake up LEO's! The crooked ones make you all look bad.
------------------------------------------------------------------------------
I know Ill be standing by myself on here but I think that a grand jury has ruled what the silent majority has thought all along it was justified. Message is come at cops with gun they will shoot. Thats my 2 cents. Yours may look diffrent!
----------------------------------------------------------------------------
Message from my neighborhood bust into my house unannounced I don't care who you are and you will also be met with a gun. It is my right to protect my property and my family.
Also the Grand Jury sent out a pretty strong message with the fact that no one living in the house will face charges either. Seems the police has ill informed informants. Just wonder how many years was cut off their sentences for misinformation.
-------------------------------------------------------------------------------
Yeah I take my sawed off to the door to answer it when the door bell rings I got no beef with what your saying. But when they start to yellin that they the POLICE and DROP THE GUN then I would put Betsy down. Seems the grand jury ruled that our boy didnt do that. If they thought he did that and got shot any way than they would have strung up the officer.
Like I said they ruled with the silent majority of the county. We should quit being silent and go up and march in favor of law and order. Any one want to join me?
--------------------------------------------------------------------------
Why not shoulder ol' Betsy and let off a round? Ever hear of a home invasion?
Back to the thread though, everything that led up to the shooting sounds like a hastily thrown together, shake and bake investigation, based on rumor, innuendo, urban legend, and who knows what else. And then after the grand jury's ruling, all the other stuff starts floating up to the surface. How can a guy who's the head of the SWAT team, be in bad enough shape as to need to take a medical retirement right after getting slapped down for bar tending during work hours? When my wife worked for the State, if she took a medical retirement she got a LOT MORE per month in retirement. You don't think that's what Petit is after, do you? Nooooooo!!! Never in a million years!
----------------------------------------------------------------------------
I predicted that any ruling either way by the grand jury would not bring about any type of resolution to this matter. A civil suit will not do that either. I have said that it is an unfortunate incident that resulted in the loss of a life and that is a terrible burden to bear on both sides of this subjective issue.
I have confidence in the Montgomery County Sheriff's Office and their Internal Affairs division that conducted the investigation. I have personal knowledge of how the MCSO will hang officers who choose to break the law and try to hide behind their badge, rank and other officers. Ed Copher headed up the investigation and I know him personally.
The family and friends of Clayton would like to have closure. They'd like to be able to point the finger at anything or anyone other than Clayton. That is understandable. They would like to see many things. They'd like to see the legalization of marijuana, they'd like to see Kent Moore go down for his actions, they'd like to change the system. All of this is expected reaction to tragedy.
Others would like to say they would shoot first and look later. They say they would have shot at the officers. They exhibit a culpability that the officers didn't have when executing the warrant. Unfortunately, emotions have a tendancy to cloud reason when dealing with something or someone close to you.
Everyone wants answers. Answers come and if they don't fit your prejudiced, pre-determined outcome for justice, they are no longer answers, but excuses. There is correct answers out there, it depends on your position whether or not you believe them. None of these answers will be the right answer unless it fits what you expect. "Quick to judge" goes both ways.
I have never really expressed that I fear the only resolution or closure to this will be with God. I'm not much for preaching, but in cases like this, the healing will not come from money, blame or lawsuits. Healing will come from knowing that Clayton was chosen by God to leave this earth. Remember that there is no higher court than that of God and in knowing that, the healing can begin.
There were many lessons to be learned by this whole thing. It is up to each individual to objectively question themselves if they learned the right ones.
Personally, I do not rejoice in the decision by the grand jury. I don't disagree with it either. It would be easier, for those on a personal basis, if they found that it was negligence or culpable on the part of Officer Moore. I'm sure it would be easier on everyone if they had a clear cut case either way.
I'm rambling and it pisses people off when I write anything more than 3 sentences, so I'll shut up now. I just hope the family, friends and others find a way to start the healing. If it takes bickering about the legalities of marijuana, talking about shooting cops when they come busting in your door, then so be it. If it helps, then have at it.
--------------------------------------------------------------------------------
Your posting pretty much sums it all up.
The Grand Jury's finding was exactly as I had written that it would be back in November. (However that certainly does not make me a genius) Despite the "Ian Albert" ranting about his lie detector test and the fact that he was going to bring down the cops with his testimony, all the emotions and all the hopes and wishes of the unfortunate families in this case were not enough to change the facts. There was no criminal intent by officer Moore or the team. Now a civil suit will take place, and there may in fact be money awarded, but I’m sure that means nothing to Clayton’s family or friends.
And it’s always good for us to understand, that, no God did not call Clayton home, or decide that his time was up on earth. Nowhere, in the Word, beyond the new covenant, does it say that God comes to “rob, kill, steal, and destroy” but rather that comes from the opposite source. But there can be comfort in the knowledge that he may in fact be there now.
-----------------------------------------------------------------------------
(not currently able to access page 2 of this thread, but will be sure to post should it become available - admin)