Friday, April 13, 2001
Petty traffic citations built up
to fatal confrontation
Police deny profiling led to Thomas's death
By Jane Prendergast
The Cincinnati Enquirer
Twice before, Timothy Thomas ran from police officers and got away. The third time, he died.
 Roach
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 Thomas
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What caused Officer Steve Roach to shoot Mr. Thomas in the predawn hours Saturday is not publicly known. A grand jury will sort out whether the officer's conduct crossed the line from police work to criminal activity.
But the killing, which has sparked four days of unrest, also renewed allegations that Cincinnati police officers practice racial profiling meaning they target black people because of their skin color.
Eleven times since March 2000, Mr. Thomas, who was black, was stopped by nine different Cincinnati police officers. Five were white, and four were black. All cited him for small-time traffic violations while he was driving his green, four-door 1978 Chevy.
At the time of his death, Mr. Thomas was wanted for 12 misdemeanor traffic citations, mostly for driving without a license, and two outstanding warrants for running from two other policemen.
The citations don't say what first caused the officers to notice Mr. Thomas or the Chevy and stop him. That lack of information leaves police critics saying there can be only one reason: racial profiling.
On one protester's sign: No Seatbelt = Death.
But Chief Tom Streicher
adamantly denies the profiling allegations, in general and in this specific case. Targeting black people because of their skin color is wrong, he says, and will not be tolerated.
A lawsuit alleging racial profiling by city police was filed in March by the Cincinnati Black United Front and the ACLU.
The ultimately fatal encounter with Mr. Thomas on Saturday wasn't an example of racial profiling, the chief says. He and Fraternal Order of Police President Keith Fangman said the incident started as a matter of legitimate police work.
Cops are expected to get to know people in their neighborhoods, Chief Streicher said. Mr. Thomas was wanted on outstanding warrants. Officers knew that, and they wanted to catch him.
An arrest warrant is something we have to serve, the chief said. We're charged by the court to do that. It's not an option.
Trail of records
Mr. Thomas became known to Cincinnati police as a juvenile. He had a record in juvenile court for receiving stolen property, his mother said.
His trail of adult court records started in February 2000, when Officer Kimberly Pendaris cited Mr. Thomas in his 1978 Chevy for driving without a license. The ticket does not say what might have prompted Officer Pendaris to notice Mr. Thomas early in the morning on Woodburn Avenue.
He pleaded no contest and was fined $100. That presented his first problem with the court: He didn't pay on time. A judge issued a court order for him to return and pay. He later did.
From there, Mr. Thomas was cited and re-cited 19 more times for traffic violations between March 17 and May 4, 2000 always in the Chevy.
The offenses, according to court records: 10 times for not having a driver's license; six times for not wearing a seat belt; and once each for disregarding a traffic control device, having tinted windows and for not having a baby seat for an infant inside.
As Mr. Thomas' traffic problems mounted, so did his recognition among police officers.
They knew him as somebody who didn't like to go to traffic court. Though the public may not be aware, officers have myriad favorite ways of keeping track of people they consider neighborhood troublemakers. They recognize their cars, they mention them to each other at roll call.
Officer Darren Gibson in District 4, for example, keeps the court control numbers identification numbers given people who've been charged with crimes in a small notebook in his pocket. If he sees someone who he knows has a criminal history, he will run the person's control num ber through his cruiser computer to see if he is wanted by authorities. It's the kind of self-initiated activity that supervisors say they expect.
The first warrant
Officer Andre Ewing said he knew when he spotted Mr. Thomas in July 2000 that he had problems showing up for traffic court. He told Mr. Thomas to stop, the officer wrote on court paperwork, but Mr. Thomas didn't.
Officer Ewing chased him, didn't catch him and issued what would be the first of two outstanding warrants against Mr. Thomas for obstructing official business.
The next month, Officer Alvin Triggs the neighborhood cop where Mr. Thomas lived in Evanston tried to stop Mr. Thomas again to make him deal with the traffic problems. He, too, didn't catch him and another warrant for obstructing official business was issued. In both cases, Mr. Thomas was accused of obstructing official business by running from the officers.
Officer David Damico, who also works in District 2 where Mr. Thomas lived, also knew him from a previous traffic ticket. He's the cop who spotted Mr. Thomas early Saturday morning and started what became a foot chase and fatal shooting.
Officer Damico, working an off-duty detail at the Warehouse bar on Vine Street, noticed Mr. Thomas walking on Vine. Recognizing him at the same time, he says, that Mr. Thomas also recognized him and started to run he called over his radio for help chasing a wanted man.
A dozen or so officers ultimately were involved. Officer Roach was the first to catch up with Mr. Thomas. He fired one shot into the left side of his chest. Mr. Thomas was not armed.
Mr. Fangman says Officer Roach fired because he thought Mr. Thomas was reaching for something in his waistband. Attorney Ken Lawson, representing Mr. Thomas' family, says that's a flimsy explanation. He doesn't believe it.
Either way, both Chief Streicher and Mr. Fangman insist what happened had nothing to do with Mr. Thomas' skin color.
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