“You can’t walk down the street with a gun in your hand…I’m not going to allow you to do it”
BY Herschel Smith
2 years, 2 months ago
CLEVELAND, Ohio— A community activist sued Cleveland and police officials on Monday, saying officers wrongfully arrested him for openly carrying a shotgun and a handgun in the city’s Glenville neighborhood, which is legal under Ohio law.
Antoine Tolbert’s federal lawsuit said Cleveland police Sgt. Lance Henderson knew Tolbert wasn’t breaking any laws, yet he still ordered Tolbert’s arrest. A Cuyahoga County grand jury later rejected charges in the case.
Tolbert is the president of New Era Cleveland, a nonprofit organization that focuses on providing resources to communities and conducting safety patrols with trained and armed citizens.
Tolbert has in the past spoken to Cleveland police recruits about how to have proper interactions with residents.
After a spate of gun violence in Cleveland on May 23, including the fatal shooting of a 14-year-old girl who was lying in her bed in Glenville and a quintuple shooting at a memorial service in Collinwood, Tolbert set out to conduct a community safety patrol.
He hoped to establish his organization’s presence in the community to deter future violence, the lawsuit said. Tolbert carried a 12-gauge shotgun and a handgun.
Officers arrived and questioned Tolbert about the guns. Tolbert said it was his right to do so. The officers said he was not under arrest and acknowledged the state’s law that allows people to carry guns openly.
Tolbert walked away before Henderson arrived. The sergeant told officers Tolbert couldn’t walk down the street with a gun.
Officers again drove up and surrounded Tolbert. Henderson got out of his cruiser with his gun drawn and pointed at Tolbert. He ordered Tolbert to put his guns on the ground, according to the lawsuit and body camera footage of the incident.
Tolbert asked why he was being detained and told Henderson he wasn’t breaking any laws.
Henderson, according to the lawsuit and the body camera video of the incident, said “You can’t walk down the street with a gun in your hand…I’m not going to allow you to do it.”
Henderson ordered the officers to arrest Tolbert on charges of carrying a concealed weapon. The officers initially laughed, and Henderson later said to arrest Tolbert on a charge of improperly handling a firearm. That charge only applies to the requirements of transporting a gun in a car.
The officers arrested Tolbert, who spent 36 hours in jail before he was released without formal charges.
Cuyahoga County prosecutors later presented the case to a grand jury, which declined to indict Tolbert on a single count of carrying a concealed weapon.
There are so many failures here that it’s difficult to know where to begin. First, the officers stopped him. They had no right – Ohio is an open carry state.
Next, the idiot sergeant came along and the other officer showed unthinking obedience towards him, failing to clarify to their management that he couldn’t be stopped because he wasn’t violating any laws.
Next up, they laughed when the idea of a false charge was floated.
Then to top it all off, the idiot sergeant told him he could do what he was doing because … wait for it … “I’m not going to allow you to do it.” As if he can just make up law out of whole cloth because he feels like it.
I hope he gets the entire lot of them fired. They’re worthless.
On August 26, 2022 at 7:57 am, J said:
Wrong, they are far worse than worthless; they present a clear and ever present danger to all law abiding citizens. Take their jobs, badges, guns, and pensions away…fricking coproaches.
On August 26, 2022 at 9:17 am, Bradley A Graham said:
The major folly with the majority of law enforcement these days is that the rule of law is what ever they interpret it be whenever they see fit to do so.
On August 26, 2022 at 1:42 pm, Tom said:
Should be no qualified immunity in cases like this. These cops should be held personally liable for violating this guy’s civil rights. Take their jobs, their pensions, their personal assets and put them in jail. I’m sure their fellow inmates would treat them as they deserve..
On August 26, 2022 at 3:22 pm, Derrial said:
I have recently discovered the “cop audit” movement on YouTube, brave souls testing whether police understand the law or respect the 4th Amendment (spoiler alert: no they do not). A couple of the best are Audit the Audit and Lackluster
https://www.youtube.com/c/AuditTheAudit
https://www.youtube.com/c/LackLusterMedia
On August 26, 2022 at 3:50 pm, Paul B said:
More of the general thread. Just read Unintended Consequences by John Ross. Pretty good read. If is free if you can find it. Well worth the time.
On August 26, 2022 at 7:11 pm, Don't mind me said:
Qualified immunity has been the bane of civilization for years, and it will only get worse.
On August 26, 2022 at 8:33 pm, Bill Buppert said:
John Ross was a pseudonym for T.E. Lawrence too.
On August 26, 2022 at 9:23 pm, robehr orinsky said:
Now you know why we here in the Buckeye lovingly refer to Cleveland as ” The Mistake On The Lake”.
On August 27, 2022 at 12:46 am, Dan said:
The lower level badgemonkeys will just parrot the age old excuse “i was just following orders” because the brain donor egoist sergeant told them to arrest him.
Whether or not this citizen prevails in court is an open question. We do NOT have a ‘justice’ system anymore. We have a “legal” system. One that is NOT fair, honest and generally ignores the Constitution. If however he does prevail any and all damages will come from the pockets of the citizenry. NOT the criminals pinned to badges. Till THAT reality changes America is a slave state.
On August 27, 2022 at 8:30 am, Chicolini said:
I’ll bet my finger that Antoine Tolbert is an attention seeking negro. It’s wise for police to detain an armed negro walking around in public.