March 24, 2009 @ 09:30 PM
CURTIS JOHNSON
The Herald-Dispatch
Huntington, WV
HUNTINGTON -- A federal judge on Tuesday upheld the suspension of a 15-year-old Huntington High School freshman who claimed his constitutional right to free speech had been violated.
The court case revolved around one phrase -- "Free A-Train" -- which student Anthony Joseph Brown had written on his hands with felt-tip marker on March 17.
The statement was meant to be an expression of support for fellow Huntington High student Anthony "A-Train" Jennings, who is charged with the March 4 shooting of a Huntington police officer after the officer had chased the suspect from an armed robbery, according to court documents.
Brown, whose father Joseph David Brown filed a lawsuit Friday in U.S. District Court, was suspended March 17.
Brown complied with orders from a school official to remove the phrase from his hands, but later opted to re-write it and show his defiance to school administrators, Huntington High Principal Greg Webb testified at a hearing Tuesday.
The high school suspended Brown for 10 days. Administrators cited a disruption of the educational process. The suspension ends April 1.
U.S. District Judge Robert C. Chambers said it is unlikely the Browns would succeed at trial. He acknowledged that the punishment was serious, but said it was appropriate when viewed in context with gang activity by some students attending Huntington High.
Webb testified members of the Black East Thugs (BET) gang wore T-shirts to school that expressed the "Free A-Train" slogan, and some students had referred to Jennings as the gang's leader. He testified gang members were responsible in March for seriously beating a transfer student off-campus and threatening a girl at the school.
School administrators decided to ban the phrase upon receiving numerous complaints from parents, students and faculty worried about safety. Concerns about safety prompted many students to leave early on several days, while others stayed home, Webb said.
Webb further illustrated the concern by reading a series of memos and e-mails. One writer feared gang members had carried guns to school in the past, a parent wondered to what extent gang violence would rise, while another student worried about a Columbine-type incident, referring to the April 1999 school shooting that killed 13 in Colorado. That student told the school any gunman who would shoot a police officer could shoot a student.
Chambers agreed with Brown's attorneys in saying their client's expression caused no physical disruption, but the judge sided with the school in ruling the term "disruption" has a much broader definition. Chambers said the phrase disrupted the educational process through absenteeism and distraction.
Cabell County Schools Superintendent William Smith praised the decision, which denied the student's request for a temporary restraining order. School attorney Greg Bailey had argued the school's defeat would undercut its ability to enforce rules, control the gang situation and ensure safety of those attending Huntington High.
"I'm very pleased that the courts were able to support the administration's way of dealing with this and trying to keep the school environment safe," Smith said out of court. "We have to have some control over how the climate works."
Webb testified the school began receiving complaints March 10. He testified it has been a constant disruption ever since. He said officials found graffiti on the gymnasium floor Tuesday morning.
Brown, who is represented by Rich Weston and Glen Conway, said he does not belong to B.E.T., nor does did he provide any positive or negative comments about the gang. Brown said he supported Jennings because Jennings stood up for him in the past. Weston said the phrase was "a sign of solidarity."
Weston argued the phrase was a political expression on a court case. He said those complaining feared the gang, not the statement. Weston argued simply offending someone did not provide grounds for censorship.
"Obviously he is disappointed with the ruling," Conway said of Brown.
Bailey argued on behalf of the school that many students simply turned their "Free A-Train" shirts inside out and were not suspended. Brown refused to comply. Bailey said the plaintiff could return to school before April 1, if his family provided assurance future incidents would not occur.
Chambers said schools have a unique responsibility. He ruled Brown's statement was more than a simple difference of opinion. The judge said evidence indicates gang members attended Huntington High in prior years, but he said the threat became more serious and imminent with the shooting and slogan.
Smith agreed. The superintendent said changing the climate requires parental intervention and community involvement. He said many times gangs form and attract members when the students' lives lack organization and direction toward goals.
"When families start breaking down, kids start looking for some place to belong," he said. "I think parents have to step up to the plate and parent. If there is an inkling of an idea that their student is associated with a gang or a group of students who feel that violence is OK, that to me should be the biggest red flag for a parent."
Webb testified school officials first learned of B.E.T.'s existence approximately two to three years ago. A piece of paper found on a classroom floor contained aliases for different people, along with actual names. The group had about 10 members at the time. Webb testified five of those students named were involved in the March 3 beating of a transfer student from New Jersey.
Webb testified B.E.T. members had approached the transfer student at Huntington High and asked him about previous gang affiliations in New Jersey, which the transfer student said he did not have. Gang members then offered the transfer student an invitation to join B.E.T. The student refused. That resulted in bullying and harassment, Webb said.
Webb testified gang members eventually took a bus from school that allowed them to locate the student's residence. A fight followed on March 3. Webb said brass knuckles and a mask were present.
School officials received word of the after-school beating a day later after they approached a group of men who were speaking with two girls. Webb testified at least one of the girls told school officials the men had threatened to shoot her in the head. Six students were expelled.
Webb testified Jennings was enrolled as a student at Huntington High, but he withdrew from classes approximately one week before the police officer was shot.
Wednesday, March 25, 2009
Fatal arson gang-related, police say
chicagotribune.com
But suspect killed innocent girl, mom instead, cops say
By Matthew Walberg and Angela Rozas Tribune reporters
March 14, 2009
In a bid to kill rivals, an admitted Spanish Cobra gang member acted as a lookout while an accomplice poured gas all over the stairs of an Albany Park three-flat and set it on fire in January, authorities said Friday.
The fast-moving blaze killed a pregnant woman and her young daughter, severely burned another girl and endangered the lives of three families as well as police and firefighters who came to their rescue. The intended targets were unharmed, authorities said.
"It's the stupidity of the gangs. They just don't care," Chicago Police Detective Cmdr. Joseph Salemme said at a news conference after one of the suspects appeared in Bond Court. "Set a fire and hope [they] get the right guy. This time they got a pregnant woman and her 7-year-old daughter."
Jovan Djurdjlov, 18, of the 4200 block of West Leland Avenue was ordered held without bail on charges of murder and aggravated arson in the deaths of Rosanna Ocampo, 23, and her daughter, Itzel Fernandez.
A second suspect is in custody but has not yet been charged, Salemme said. Police have not ruled out charges against additional suspects, he said.
Investigators are also checking to see whether Franco Avila, 17, an alleged gang member slain this week near his Albany Park home, may have been involved in the arson and been killed in retaliation for the attack, Salemme said.
Authorities said Djurdjlov and another Spanish Cobra planned to set fire to a three-flat in the 3900 block of West Argyle Street to kill Spanish Gangster Disciples rivals.
About 1:10 a.m. Jan. 31, Djurdjlov stood lookout on the street while another man poured a bottle of gas on the first-floor stairway and set it ablaze, authorities said.
Police arrested Djurdjlov in an alley near Lawrence Avenue and Pulaski Road on Monday after he was identified as the man who shot a 24-year-old woman, grazing her arm, officials say.
He has not been charged in that shooting, but while in custody, police questioned him about the fatal arson. After receiving contradictory stories about his whereabouts, investigators checked his cell phone records and found that his phone was near the fire that night, according to his arrest report.
When confronted with the evidence, Djurdjlov admitted helping plan the fire and acting as the lookout, authorities said.
Itzel, who attended Volta Elementary School, was named student of the month for November and a ceremony was held in her honor, principal Roger Ted Johnson said.
"She was a lovely, lovely girl," Johnson said. "To me, violence is senseless in any way, especially when innocents lose their lives.
"Tribune reporter Noreen Ahmed-Ullah contributed to this report.
But suspect killed innocent girl, mom instead, cops say
By Matthew Walberg and Angela Rozas Tribune reporters
March 14, 2009
In a bid to kill rivals, an admitted Spanish Cobra gang member acted as a lookout while an accomplice poured gas all over the stairs of an Albany Park three-flat and set it on fire in January, authorities said Friday.
The fast-moving blaze killed a pregnant woman and her young daughter, severely burned another girl and endangered the lives of three families as well as police and firefighters who came to their rescue. The intended targets were unharmed, authorities said.
"It's the stupidity of the gangs. They just don't care," Chicago Police Detective Cmdr. Joseph Salemme said at a news conference after one of the suspects appeared in Bond Court. "Set a fire and hope [they] get the right guy. This time they got a pregnant woman and her 7-year-old daughter."
Jovan Djurdjlov, 18, of the 4200 block of West Leland Avenue was ordered held without bail on charges of murder and aggravated arson in the deaths of Rosanna Ocampo, 23, and her daughter, Itzel Fernandez.
A second suspect is in custody but has not yet been charged, Salemme said. Police have not ruled out charges against additional suspects, he said.
Investigators are also checking to see whether Franco Avila, 17, an alleged gang member slain this week near his Albany Park home, may have been involved in the arson and been killed in retaliation for the attack, Salemme said.
Authorities said Djurdjlov and another Spanish Cobra planned to set fire to a three-flat in the 3900 block of West Argyle Street to kill Spanish Gangster Disciples rivals.
About 1:10 a.m. Jan. 31, Djurdjlov stood lookout on the street while another man poured a bottle of gas on the first-floor stairway and set it ablaze, authorities said.
Police arrested Djurdjlov in an alley near Lawrence Avenue and Pulaski Road on Monday after he was identified as the man who shot a 24-year-old woman, grazing her arm, officials say.
He has not been charged in that shooting, but while in custody, police questioned him about the fatal arson. After receiving contradictory stories about his whereabouts, investigators checked his cell phone records and found that his phone was near the fire that night, according to his arrest report.
When confronted with the evidence, Djurdjlov admitted helping plan the fire and acting as the lookout, authorities said.
Itzel, who attended Volta Elementary School, was named student of the month for November and a ceremony was held in her honor, principal Roger Ted Johnson said.
"She was a lovely, lovely girl," Johnson said. "To me, violence is senseless in any way, especially when innocents lose their lives.
"Tribune reporter Noreen Ahmed-Ullah contributed to this report.
Examiner.com
March 25, 2009
Loudoun County, Va. murder has markings of a gang initiation
On March 22, William and Cynthia Bennett left their Potomac Station home for an early morning walk and never returned. Shortly after 5:30 a.m., police found William, 57 lying dead, they found Cynthia, 55 badly beaten but still alive a short distance away.
Around 5:30 a.m., less than a mile from the Bennett home, a resident on Rocky Creek Drive called police to report the presence of a suspicious vehicle ( a white panel work van), and three men outside the van causing a disturbance.
By the time a Loudoun County Sheriff’s deputy arrived, the van was gone. However, the body of William Bennett was spotted by the deputy, lying near the intersection of Rocky Creek Drive and Riverside Drive (the same reported location of the white van). More deputies arrived and found the bloodied body of Cynthia Bennett.
Both had obviously been beaten with a blunt object.
Cynthia was sent by helicopter to an area hospital, where she remains in critical condition. The severity of her injuries have prevented her from speaking with police about the attack.
Loudoun County Sheriff Steve Simpson said: “We have a situation here which appears to be random.” Simpson went on to say that the attack may have been carried-out by gang members.
William Bennett was a retired U.S. Army Special Forces lieutenant colonel. Cynthia had also served as an Army officer. The couple have two children together.
Bennett’s murder is similar in both its brutality and randomness to other confirmed Latino gang initiations around the country.
In November 2007, a Gresham, Oregon man was nearly beaten to death with a bat by Abel Antonio Chavez-Garcia, 15, in an attempt to join the notoriously violent MS-13 gang. Lee Chilcote, 71 was waiting at the train station when Garcia suddenly began hitting him.
A witness who called police told reporters: “We saw that impact. And we saw him just start pouring out, right there, and he was on the ground.”
Fortunately, Chilcote survived the attack but suffered some permanent difficulties with his speech.
In June 2007, a surveillance video caught the horrific image of Jason Verador, 28 walking-up behind James McKinney, 41 and striking him in the back of the head with a baseball bat. McKinney, who was mentally disabled, died a few days after the attack.
That attack gained national attention both for the sickening nature in which Verador behaved after wards, as well as the evidence it provided to this nation's growing gang violence, mainly fueled by illegal immigration.
Perhaps, nearly as disturbing as the brutal attack on William and Cynthia Bennett was the lack of information coming out of the Loudoun Sheriff’s office who is handling the case.
I phoned the sheriff’s office Tuesday night and asked for a description of the suspects. The officer on the other end of the line was extremely hesitant to talk about it, and said she “did not know.”
I told her that one article had given the description of clothing one man was wearing, but nothing else was offered. I simply wanted to know weight, height, race, etc., to place in my article…She remained silent.
I then asked the anonymous woman (she refused to give me her name), if she knew about the Bennett murder, after a very long pause, she answered with a timid “yes.”
I was then referred to their media information officer, who was not in at the time.
I do not understand how the sheriff’s office, expects the good people of Loudoun County to assist them with this case, or to even protect themselves with mad dog killers on the loose, without releasing the most basic of information about the suspects.
If someone was able to describe what a suspect was wearing (gray jogging suit and a green knit cap), they were obviously able to give a physical description.
Could it be that the Loudoun County Sheriff’s Office has succumbed to political correctness and does not want to cast further suspicion on the area’s large illegal immigrant population?
Of course, Loudoun County, along with much of Northern Virginia, has been hard-hit by a wave of crimes generated by the Salvadoran gang known as MS-13.
Husband, father, veteran William Bennett may very well have been the latest American to lose his life because our politicians refuse to defend our border.
March 25, 2009
Loudoun County, Va. murder has markings of a gang initiation
On March 22, William and Cynthia Bennett left their Potomac Station home for an early morning walk and never returned. Shortly after 5:30 a.m., police found William, 57 lying dead, they found Cynthia, 55 badly beaten but still alive a short distance away.
Around 5:30 a.m., less than a mile from the Bennett home, a resident on Rocky Creek Drive called police to report the presence of a suspicious vehicle ( a white panel work van), and three men outside the van causing a disturbance.
By the time a Loudoun County Sheriff’s deputy arrived, the van was gone. However, the body of William Bennett was spotted by the deputy, lying near the intersection of Rocky Creek Drive and Riverside Drive (the same reported location of the white van). More deputies arrived and found the bloodied body of Cynthia Bennett.
Both had obviously been beaten with a blunt object.
Cynthia was sent by helicopter to an area hospital, where she remains in critical condition. The severity of her injuries have prevented her from speaking with police about the attack.
Loudoun County Sheriff Steve Simpson said: “We have a situation here which appears to be random.” Simpson went on to say that the attack may have been carried-out by gang members.
William Bennett was a retired U.S. Army Special Forces lieutenant colonel. Cynthia had also served as an Army officer. The couple have two children together.
Bennett’s murder is similar in both its brutality and randomness to other confirmed Latino gang initiations around the country.
In November 2007, a Gresham, Oregon man was nearly beaten to death with a bat by Abel Antonio Chavez-Garcia, 15, in an attempt to join the notoriously violent MS-13 gang. Lee Chilcote, 71 was waiting at the train station when Garcia suddenly began hitting him.
A witness who called police told reporters: “We saw that impact. And we saw him just start pouring out, right there, and he was on the ground.”
Fortunately, Chilcote survived the attack but suffered some permanent difficulties with his speech.
In June 2007, a surveillance video caught the horrific image of Jason Verador, 28 walking-up behind James McKinney, 41 and striking him in the back of the head with a baseball bat. McKinney, who was mentally disabled, died a few days after the attack.
That attack gained national attention both for the sickening nature in which Verador behaved after wards, as well as the evidence it provided to this nation's growing gang violence, mainly fueled by illegal immigration.
Perhaps, nearly as disturbing as the brutal attack on William and Cynthia Bennett was the lack of information coming out of the Loudoun Sheriff’s office who is handling the case.
I phoned the sheriff’s office Tuesday night and asked for a description of the suspects. The officer on the other end of the line was extremely hesitant to talk about it, and said she “did not know.”
I told her that one article had given the description of clothing one man was wearing, but nothing else was offered. I simply wanted to know weight, height, race, etc., to place in my article…She remained silent.
I then asked the anonymous woman (she refused to give me her name), if she knew about the Bennett murder, after a very long pause, she answered with a timid “yes.”
I was then referred to their media information officer, who was not in at the time.
I do not understand how the sheriff’s office, expects the good people of Loudoun County to assist them with this case, or to even protect themselves with mad dog killers on the loose, without releasing the most basic of information about the suspects.
If someone was able to describe what a suspect was wearing (gray jogging suit and a green knit cap), they were obviously able to give a physical description.
Could it be that the Loudoun County Sheriff’s Office has succumbed to political correctness and does not want to cast further suspicion on the area’s large illegal immigrant population?
Of course, Loudoun County, along with much of Northern Virginia, has been hard-hit by a wave of crimes generated by the Salvadoran gang known as MS-13.
Husband, father, veteran William Bennett may very well have been the latest American to lose his life because our politicians refuse to defend our border.
Englewood Hosts Training In Prevention Of Gang Violence
Nurse.com
March 23,2009
To help ensure that patients and hospital staff remain safe from gang violence, Englewood Hospital and Medical Center recently conducted a special training session with the NJHA and the New Jersey State Parole Board.
The session focused on gang-related issues specific to North Jersey and New York City, including identification of gang signs, markings, and language, and how to prevent gang violence on the street from spreading into the ED. Law enforcement officers provided a display of gang paraphernalia, including headwear, beads, photos, and other articles of clothing seized from various gangs, for hospital staff to be able to identify, and showed them how to defuse potentially violent situations.
Also go to “New Jersey Hospitals Gang Up on ED Violence” at http://include.nurse.com/apps/pbcs.dll/article?AID=2009302230056..
March 23,2009
To help ensure that patients and hospital staff remain safe from gang violence, Englewood Hospital and Medical Center recently conducted a special training session with the NJHA and the New Jersey State Parole Board.
The session focused on gang-related issues specific to North Jersey and New York City, including identification of gang signs, markings, and language, and how to prevent gang violence on the street from spreading into the ED. Law enforcement officers provided a display of gang paraphernalia, including headwear, beads, photos, and other articles of clothing seized from various gangs, for hospital staff to be able to identify, and showed them how to defuse potentially violent situations.
Also go to “New Jersey Hospitals Gang Up on ED Violence” at http://include.nurse.com/apps/pbcs.dll/article?AID=2009302230056..
Action News, KSBY.com
The shooting death of 14-year-old Danny Rodriguez sent an entire community into mourning. It hit too close to home for Stephanie Garcia, her son was in the same physical education class as Danny.
Since the January shootings, officers have increased patrols and issued search warrants for eleven known gang members.
Tuesday, March 24, 2009 Reported by: Danielle Lerner
Lompoc police officers and residents are coming
together to combat gang violence.
Back in January 14-year-old Danny Rodriguez was shot and killed in the street. Two days later a second shooting at a vigil in his honor injured a 19-year-old man.
Investigators say both incidents are gang related.
On Tuesday night the Lompoc Police Department hosted a community meeting to educate and empower the public. Officers say parents are the first line of defense when it comes to gang prevention.
The shooting death of 14-year-old Danny Rodriguez sent an entire community into mourning. It hit too close to home for Stephanie Garcia, her son was in the same physical education class as Danny."It's heartbreaking, you know. It's like, how did this happen?" Garcia said.
That question brought Garcia and dozens of other residents to Tuesday night's meeting. Officers say it is a chance to answer questions and work together.
"Cops can't be everywhere at one time, so we really need the public's support," Sgt. Nate Flint of the Lompoc Police Department said.
Residents learned the history of Lompoc's most prominent gangs and took notes on how to spot gang activity. From graffiti to gang signs, officers say awareness is the key to prevention, especially when it comes to your kids.
"Parents really need to keep an eye on their kids and they need to be nosy. They need to be in there, asking the questions and observing what their kids are doing," Flint said.
Organized activities are another tool for keeping kids out of trouble.
All small steps to solving a big problem, as cops and citizens work to create a safer community for your family.
"I'm definitely going to be more aware and I think I'll bring that to my family, my son, my friends," Garcia said. "You know, my family."
Officers rely on residents to report suspicious activity and callers can remain anonymous.
Since the January shootings, officers have increased patrols and issued search warrants for eleven known gang members.
Investigators are still searching for suspects in the Rodriguez murder.
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