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Pothole patch lands Akron man, 81, in legal predicament

By Phil Trexler
Beacon Journal staff writer

James Stacy has done his share of pothole patching during his decades in the asphalt business.

Now semiretired, the 81-year-old Akron man is finding that the road to court — and potentially jail — is paved with good intentions and asphalt.

He insists his intentions were pure Tuesday morning, when he took a broom and pickax to a menacing chuckhole outside his home on East Crosier Street.

An Akron police officer sees it differently and has charged Stacy with criminal damaging, a second-degree misdemeanor.

Stacy says the fight is on.

''If it costs me $20,000, I'm going to fight the SOB,'' Stacy said.

Stacy insists he was merely prepping the hole for a solid repair job in anticipation of city road workers. By prepping the hole, he said, he could ensure a longer-lasting patch.

The road crews were in the area and he expected them to pass soon to patch the gap after his neighbor lodged a complaint Friday.

But an Akron undercover officer, ironically working the city's Operation Spring Cleaning crime operation from a block away, noticed Stacy taking his ax and giving the street a few whacks.

The officer said he asked Stacy to stop and the retiree did — but only for a minute.

After seeing Stacy take to the street again, the officer issued a court summons for criminal damaging. The maximum penalty is 90 days in jail and a $750 fine.

Stacy says he was never cautioned to stop, but was instead immediately cited by the officer. He insists he did not destroy freshly laid asphalt, as the officer contends.

He said he was using a broom to sweep debris from the 3-foot-wide, 4-inch-deep crater and using the pickax to loosen deteriorating asphalt to prepare the road for a sound patch job.

Stacy said he has seen too many patch jobs fail too quickly.

''I was just getting it ready, doing them a favor,'' he said. ''I even told a foreman before, I said, 'Hey if you do it this way, it will stay,' because this is what I do. I know.''

Barb Lowther, Stacy's longtime neighbor, watched the whole scene from her front porch. She said the citation was issued without warning and three or four patrol cars were called to the street after the undercover officer called for backup.

The pothole in question is located at the end of Lowther's driveway. Others in front of her house over the years have been patched and fixed, some with Stacy's help.

''I think this whole thing is asinine,''she said. ''He was only cleaning it out so the city could do it properly. But they said the law is the law.''

Police and city workers are in conflict over whether the patch job was done before Stacy went to work.

Akron police spokesman Lt. Rick Edwards said Stacy was critical of the new patching job performed by city road crews and was cited because he failed to heed the officer's warning to stop digging up the street with his pickax.

''He dug this one out saying he worked construction and the asphalt wasn't done properly,'' Edwards said. ''He was going to pick it out so [city workers] could do it the right way.''

Paul Barnett, the city's public works manager, said crews were in the area this week, but had not yet patched the hole in front of Stacy's home.

While commending Stacy's prep work — ''We'd love to do that with every pothole we have'' — Barnett said the chuckhole he created became a greater danger to drivers and their vehicles.

Road crews finally did patch the hole, Barnett said, but only after being called to the scene by police.

In the meantime, Stacy has hired a lawyer and is intent on fighting his case in Akron Municipal Court, where he is due to appear Tuesday.

''What the hell's wrong with taking care of it? That's what I don't understand,'' Stacy said. ''I just swept it out, it only took five minutes, I mean, good Lord.''


Phil Trexler can be reached at 330-996-3717 or ptrexler@thebeaconjournal.com.

James Stacy talks about being cited for sweeping out a chuck hole (right) in front of his home on East Crosier Street Wednesday. (Karen Schiely/Akron Beacon Journal)

James Stacy has done his share of pothole patching during his decades in the asphalt business.

Now semiretired, the 81-year-old Akron man is finding that the road to court — and potentially jail — is paved with good intentions and asphalt.

He insists his intentions were pure Tuesday morning, when he took a broom and pickax to a menacing chuckhole outside his home on East Crosier Street.

An Akron police officer sees it differently and has charged Stacy with criminal damaging, a second-degree misdemeanor.

Stacy says the fight is on.

''If it costs me $20,000, I'm going to fight the SOB,'' Stacy said.

Stacy insists he was merely prepping the hole for a solid repair job in anticipation of city road workers. By prepping the hole, he said, he could ensure a longer-lasting patch.

The road crews were in the area and he expected them to pass soon to patch the gap after his neighbor lodged a complaint Friday.

But an Akron undercover officer, ironically working the city's Operation Spring Cleaning crime operation from a block away, noticed Stacy taking his ax and giving the street a few whacks.

The officer said he asked Stacy to stop and the retiree did — but only for a minute.

After seeing Stacy take to the street again, the officer issued a court summons for criminal damaging. The maximum penalty is 90 days in jail and a $750 fine.

Stacy says he was never cautioned to stop, but was instead immediately cited by the officer. He insists he did not destroy freshly laid asphalt, as the officer contends.

He said he was using a broom to sweep debris from the 3-foot-wide, 4-inch-deep crater and using the pickax to loosen deteriorating asphalt to prepare the road for a sound patch job.

Stacy said he has seen too many patch jobs fail too quickly.

''I was just getting it ready, doing them a favor,'' he said. ''I even told a foreman before, I said, 'Hey if you do it this way, it will stay,' because this is what I do. I know.''

Barb Lowther, Stacy's longtime neighbor, watched the whole scene from her front porch. She said the citation was issued without warning and three or four patrol cars were called to the street after the undercover officer called for backup.

The pothole in question is located at the end of Lowther's driveway. Others in front of her house over the years have been patched and fixed, some with Stacy's help.

''I think this whole thing is asinine,''she said. ''He was only cleaning it out so the city could do it properly. But they said the law is the law.''

Police and city workers are in conflict over whether the patch job was done before Stacy went to work.

Akron police spokesman Lt. Rick Edwards said Stacy was critical of the new patching job performed by city road crews and was cited because he failed to heed the officer's warning to stop digging up the street with his pickax.

''He dug this one out saying he worked construction and the asphalt wasn't done properly,'' Edwards said. ''He was going to pick it out so [city workers] could do it the right way.''

Paul Barnett, the city's public works manager, said crews were in the area this week, but had not yet patched the hole in front of Stacy's home.

While commending Stacy's prep work — ''We'd love to do that with every pothole we have'' — Barnett said the chuckhole he created became a greater danger to drivers and their vehicles.

Road crews finally did patch the hole, Barnett said, but only after being called to the scene by police.

In the meantime, Stacy has hired a lawyer and is intent on fighting his case in Akron Municipal Court, where he is due to appear Tuesday.

''What the hell's wrong with taking care of it? That's what I don't understand,'' Stacy said. ''I just swept it out, it only took five minutes, I mean, good Lord.''


Phil Trexler can be reached at 330-996-3717 or ptrexler@thebeaconjournal.com.



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srilongka
Kandi, SL

Posted 03:10 PM, 05/22/2009

This story HAS to go national! I mean good Lord! LOL


alana890
akron , oh

Posted 03:14 PM, 05/22/2009

when doing a good things goes wrong...


S.M.C.
Akron, OH

Posted 03:17 PM, 05/22/2009

Lucky he didn't get shot after failing "to heed the officer's warning to stop digging up the street"


Just A Mom
Tallmadge, Oh

Posted 03:20 PM, 05/22/2009

At 81 years old I do believe he has earned the right to "help out" a little bit....and yes it could have been done in a better way...but come on he's 81!!!! I'm sure he just wants to be a productive citizen and figured he was just doing his part. :)


Miss Claws
Tallmadge, OH

Posted 03:26 PM, 05/22/2009

Wasn't this an episode of My Name is Earl?


cbrowns17
akron, oh

Posted 03:31 PM, 05/22/2009

Good Lord give the 81 year old a break he was trying to help.


disbelief2
Akron, OH

Posted 03:38 PM, 05/22/2009

This is utterly ridiculous. In the age of record job losses and economic woes, the few resources the City of Akron has left are used to menace an 81 year old man trying to patch a hole at the end of his driveway. Maybe the Mayoral recall is a sound idea after all.


uh60pilot

Posted 03:47 PM, 05/22/2009

I would love to be the defense attorney on this case. It's impossible to lose. I do not envy the prosecutor at all, no way not to look like a jerk in trying to convict this 81 year old, especially with the testimony of the eyewitness neighbor and the public works manager.
Maybe ol' Donny should do something decent for once and intervene. We'll see.
If this does go forward I can see it going national. Maybe O'Reilly can do a pin head or patriot on this. 81 year old man trying to do his part. Patriot. Cop getting over zealous and citing him, well, you decide.


connelly

Posted 03:48 PM, 05/22/2009

Instead of citing him, they should PAY him.

I appreciate his intentions to make our city streets safer !!

3 or 4 patrol cars for backup? They should have brought him a cup of coffee or a soda.


thegrassisgreener
kent, oh

Posted 03:59 PM, 05/22/2009

Drop the charges already, geez!


I smell a rat
Akron, Oh

Posted 04:04 PM, 05/22/2009

What scares me is how the police seem to just lie and lie and lie and no one is puting them in check.


deidre

Posted 04:15 PM, 05/22/2009

they may drop charges after the story gets out - like the condo association with the blue star in the window -


Noodles Jefferson
Paradise, Oh

Posted 04:18 PM, 05/22/2009

See the kind of stuff that happens when you give some people a little bit of power?

This is one of those things that keeps Akron a laughingstock.


Jackson

Posted 04:18 PM, 05/22/2009

Before this becomes a bigger embarassment for Akron than it already is, charges need to be dropped immediately.


keith

Posted 04:27 PM, 05/22/2009

Drop the charges and apologize to the man.


Bullitt
Akron, OH

Posted 04:41 PM, 05/22/2009

Man, speeding tickets......and ticketing a man who is trying to improve the condition of his street.....sounds like operation "Spring Clean" is a roaring success....Way to go keep busting those hard core thugs!


Ed...
hartville, Oh

Posted 04:44 PM, 05/22/2009

Sounds like the "COP" was having a slow news day.
Glad APD is out there protecting our streets from the elderly!
Geez!


tekari
North Canton, Oh

Posted 04:55 PM, 05/22/2009

So ridiculous. I would think the road crews would know which holes they had gotten to. They said they hadn't patched the hole Mr. Stacy was prepping, so the issue should be dropped. I can't believe the citing officer would so blatantly lie when the suspect, witness and the city's own road crews give the same story.


theproph1774
kent, oh

Posted 05:15 PM, 05/22/2009

Gee where are all the tool shed cop lovers like Cloverfield and Grumpy now? Perfect example of a sniveling, polished little fresh faced liar of a cop trying to make believe He's a tough guy. 99% of all beat cops are putrid scum that don't deserve another breath of air on this earth.


tomzip1
akron, oh

Posted 05:18 PM, 05/22/2009

I'm returning from Iraq in days, I think it might be better here than in Akron sometimes, you've got to be kidding me..


toxic nut
rootstown, oh

Posted 05:22 PM, 05/22/2009

COPS LIE ALL THE TIME!what a moron cop to cite this guy.this is why i hate authority.no common sense at all.the city of akron is a total joke.the cops don't seem to have the balls to go where the violent crime is,so we'll cite this guy fixing the road(with back-up needed).let's hide so we can catch someone going 5 mph over the speed limit.the mayor,the chief of police,allthe top heavy administrators in akron need taken out to the trash.


whoof arted pu
Palm Beach, FL

Posted 05:24 PM, 05/22/2009

I only hope I can lift a pickax at 81 let alone use it, give me e break, drop the charges. I love MK


Buzz-Fluhart
Akron, Oh

Posted 05:24 PM, 05/22/2009

When someone hits 80 years old.. leave them the heck alone (unless you really do know more then they do) and that's clearly not the case here.

Had he tried to prep it while the crew was on scene they would have told him.. sorry old man no time for this we have way too many holes to patch.

I predict they will drop the charges because this is ignorant.


Jon

Posted 05:26 PM, 05/22/2009

Remeber we voted for change! Wait till these types are in charge of our healthcare!


mojo68
Akron, Oh

Posted 05:36 PM, 05/22/2009

Yea Look At All The Potholes We Put In Iraq And No One Has Said A Thing.


NEOHBMWRider

Posted 05:44 PM, 05/22/2009

Wow. And here I thought the wannabe cop who deleted the guy's pictures last week at the library was a doozy of a stupid thing for a cop to do.

This one tops it.

Congratulations, APD, you're doing a great job. No, really, you are. You are making an impression on those of us who pay your salaries in a big way. And I mean BIG.


Martini Gal
......, Oh

Posted 05:46 PM, 05/22/2009

I'm hoping Judge Stormer gets this, and throws it out.
I think the police officer could have handled this diffrently.


Lou Szer
akron, oh

Posted 05:52 PM, 05/22/2009

I guess they ran out of donuts and needed something else to do. 4 cars to take down an 81 year old man.... Did they taze him?


Paul
Akron, OH

Posted 06:05 PM, 05/22/2009

What do you do when you can't do anything else? - become and insurance agent. What do you do when you can't sell insurance? - become a police office!


Franco
Akrom, Oh

Posted 06:15 PM, 05/22/2009

If this nitwit cop was really working undercover, why doesn't he actually do some real good and arrest some crack or meth dealers instead of probably sitting in his car eating Krispy Kremes and coffee and noticing an 80 year old citizen just trying to make the trip into his driveway a little better and thinking why don't I harass somebody who can't fight back. I hope this guy sues the APD for royal stupidity because he sure will win this one. I wish I could see the cops face when his co-workers rib him for his heroic crime stopping actions!!


Paul
Akron, OH

Posted 06:17 PM, 05/22/2009

What do you do when you can't do anything else? - become an insurance agent. What do you do when you can't sell insurance? - become a police officer!

Sorry for the original spelling errors!


Wildcat
Naples, Florida

Posted 06:29 PM, 05/22/2009

You know, look to the police chief. The buck stops there. When will police/sheriff administration stop the police abuse? Look to the top folks!


SloppyClamBake

Posted 06:31 PM, 05/22/2009

So, this undercover cop potentially blows his cover in a major felony investigation just to write a citation for a MISDEMEANOR violation? Did the cop take crazy pills that morning?


Informed
Stow, oh

Posted 06:31 PM, 05/22/2009

This is so wrong. The city Czars need to ride up and down the city streets and see the horrible condition some of roads are in. West Market near the West Point Market going east is awful. I applaud the works of agood samaritan in wanting to fix a pot hole by his home. Do you guys know how much it costs to fix your car if you hit a pothole the wrong way? This is unfuriating and I hope he wins. Leave the guy alone!


david

Posted 06:44 PM, 05/22/2009

And they want to hire more cops like this? We dont need cops that dont have common sence and lie. Can we ever get a cop that tells the truth?


Jules
Akron, OH

Posted 06:46 PM, 05/22/2009

No good deed goes unpunished.

Didn't our new president ask all of us to do what we can to pitch in and help out? Mr. Stacy was doing just that. His intentions were good, he was doing the city workers a favor. Please drop the charges.


Crime of the Century
Cuyahoga Falls, OH

Posted 06:48 PM, 05/22/2009

Akron's roads are abysmal. Want proof? Drive north up route 8 and try to guess when you're in Cuyahoga Falls.

I encourage the citizens of Akron to engage in civil disobedience: don't renew your driver's licenses, since the money obviously isn't going to road repair. If cited, plead not guilty and demand a jury trial.


randi34
akron, oh

Posted 06:54 PM, 05/22/2009

are we surprised


white buffalo
Kent, Oh

Posted 07:06 PM, 05/22/2009

He should have called the city first to get permission! How hard would that have been? It is public property not private property.


kkkkkk
cuyahoga falls, oh

Posted 07:41 PM, 05/22/2009

akron cops enough said


Slixtos

Posted 07:46 PM, 05/22/2009

Does anyone understand the principle between the spirit of the law versus the letter of the law. Can the people that have authority start using some common sense?


WLFN
akron, OH

Posted 07:51 PM, 05/22/2009

did the police bring donuts


sallyvanpelt
massillon, oh

Posted 08:11 PM, 05/22/2009

The City is mad because an 81 year old man can fix the street better than they can and with thousands of tax payer dollars. The city doesn't even car when their roads that we pay for ruin tires its all a joke


igotsunshine
Sunshine, WA

Posted 09:06 PM, 05/22/2009

Ok...let him off with a warning if he has clean rap sheet.


44310

Posted 09:48 PM, 05/22/2009

ALL THE POLICE HAVE TO DO IS BOTHER PEOPLE TRING TO DO A GOOD DEED,INSTEAD OF PURSUING PEOPLE ROBBING AND STEALING. IF THEY WANT TO WORK ON STREETS JOINTHE HIGHWAY DEPT.


Commuter

Posted 09:50 PM, 05/22/2009

@ harmon....I don't need permission from the City to mow the devil strip or shovel the sidewalk and that is public property too. Fact is...people get a little ticked when I don't do these things.


jim b

Posted 09:51 PM, 05/22/2009

Where are all the Plusquellic hating police loving posters


cloverfield

Posted 10:00 PM, 05/22/2009

So let's be honest...is this whole thing because what he did is potentially taking work away from the union workers? I mean, that's the reason they hate Wal-mart...


CodeMonkey812
Brimfield, OH

Posted 10:09 PM, 05/22/2009

Crime of the Century: Be careful with that idea, it will get your car impounded. C-Falls runs plates with red light cams. Got busted one week after my b-day (but still in the same month), I did not realize your plates expire on your b-day.


whackamole

Posted 10:37 PM, 05/22/2009

akron roads are horrid... fix the d*$*# potholes already. Fix the roads. Hire some people and stop giving million dollar contracts to Kenmore who simply lean on shovels and sleep in trucks all day long....


umm

Posted 10:38 PM, 05/22/2009

Did I miss the name of the officer who was on pot - hole duty that cited this guy?


markoo

Posted 10:39 PM, 05/22/2009

Undercover....WOW!


Dayam

Posted 10:58 PM, 05/22/2009

How come it can take thirty years to send a man who may have had a hand in killing 30,000 people to a trial, but a man who spruces up his 'hood can get a threat of jail time?


BATigermom
Broken Arrow, OK

Posted 11:38 PM, 05/22/2009

Only in Akron do we call it the devilstrip, I love that!! I used to live close to there and I'd love to shake Mr. Stacy's hand


cassie221
akron, oh

Posted 12:08 AM, 05/23/2009

Great. A good intention, witnesses that state the police overreacted and an 81 yr old man. If it costs this man a dime, it is too much. For shame, Akron!


Typhoon
Akron, Oh

Posted 12:33 AM, 05/23/2009

It's called job security. Don't do it right to begin with and you'll be back..........time after time........after time..........after time..after time


RightNow
Akron, OH

Posted 01:12 AM, 05/23/2009

Another example making Akron look stupid to the rest of the country


toxic nut
rootstown, oh

Posted 02:07 AM, 05/23/2009

nice bust serpico.very impressive use of taxpayer resources.total idiots.i can almost understand a cop citing a guy for destruction of property.but it sounds like stacy just wanted his street fixed properly(kudos).he was willing to help,free of charge,as men of that generation are accustomed to do the right thing.now you have some cop who finds a crime in this good samaritan action(typical).after reading the facts ,it appears the cop is LYING about what happened.at this point the chief needs to step in and rectify what he must know is going to be an embarassment for the city.sadly he does not.this cascade of events is why people no longer respect leo's.heavy handed handling of simple matters only erodes whatever tenuous grasp of trust the people have in the system.the library incident was bad enough,now this?the leadership needs to fix this type of decision at the base level,NOW.if the chief sees this charge as justified,then the citizens will have to address their concerns to the NEW mayor,whomever that shall be.it is time to demand leadership that is fair and competent to what the citzenry want.not what we are getting at present.if people do not complain,it will be assumed by the cops that their actions are justified.they most certainly are not.


George Jetson
Akron, oh

Posted 02:44 AM, 05/23/2009

At 80 years old a man should know the general public is the enemy of all beaurcrats. I hope he goes free but, never help idiots they just suck you down with them.

Or make sure you get it all on video


social28
rittman, oh

Posted 03:18 AM, 05/23/2009

under cover officer,what a joke,imagine how many drug deals took place in plane site while they was harassing this man for trying to help out on part of the road he already partially pays for with taxes!


wilma

Posted 05:22 AM, 05/23/2009

at least he is not building ugly and useless buildings like our mayor. he is taking care if what we need around here.


umm

Posted 05:55 AM, 05/23/2009

You go wilma. Somehow,I knew someone would be so stupid as to bring irrelevance into this topic


spd3333
Anti-Politically Correct & Anti-GOP, OH

Posted 06:41 AM, 05/23/2009

Sounds like Crackron should hire this man to be in charge of the street department crews. Maybe things WILL get done right for once and not having to get done over and over, therefore costing the city more money.


sick n tired

Posted 07:40 AM, 05/23/2009

If the city workers would do their jobs right the first time they would not have this problem. This man should be hired by the city to be a supervisor and show these total idiots how to do a job properly the first and then they would have time to do other jobs that need immediate attention. Maybe this gentleman should show the workers how to fix the All-American bridge -southbound--when that bridge was built, using all the newest technology in the world so that if there ever was a problem with the concrete coming loose, they promised that they would fix it with the same substance that is there original--ha ha--they used the old dump, pound it down and leave a big hump on the surface. If they use the stimulus money to fix that bridge properly, then they have a done a good job, but I don't expect that to happen soon.


william

Posted 07:40 AM, 05/23/2009

Kudos to Deputy Phife for calling up for backup. He probably should have tased the bad man. So, the public works director has even contradicted Deputy Phife on whether the pothole had been filled. Someone lied. Deputy Phife, perhaps?


EducatedOne

Posted 08:25 AM, 05/23/2009

Way to United Akron.


Betamax
Akron, OH

Posted 08:46 AM, 05/23/2009

Good job APD. Though this isn't a newsworthy story, it appears that the ABJ is havin' a slow news week.

Irregardless of the nice man's intentions, it's against the law for folks to take things into their own hands.


hoaner
peninsula, oh

Posted 08:49 AM, 05/23/2009

with all the crime in Akron this cop has time for this? what an A-HOLE. You fight on james, your a good man and the cop should have to fill the hole for being a power crazy moron.


ROBERT

Posted 08:57 AM, 05/23/2009

Hey Beta: I tried lookin' up the word irregardless in the dictionary. Couldn't find it. Graduate lately?


LetsDebate
Coventry, Oh

Posted 09:15 AM, 05/23/2009

APD - you're definitely losing it. What a complete waste of resources. 3-4 backup cars?, for a possible criminal damaging? I hope we get an update on Tuesday that this ticket was dismissed, and a complete waste of the courts time. Show 'em what's what - > James Stacy!!!


Rubber City
Akron, Oh

Posted 09:17 AM, 05/23/2009

Since James Stacey had to hire a lawyer, he has already paid money. I hope enough people are outraged enough to drop off some money to Mr. Stacey. I am sure he can afford it, but he shouldn't have to.


A Voice
Akron, , OH

Posted 09:22 AM, 05/23/2009

Honest hard working guy bucks heads with a fool!!!!

I say make the pig come on his time and fix the hole and supply the 2 buckets of asphalt for his ignorance and bring Bata to.


teddyd

Posted 09:23 AM, 05/23/2009

Here's something to remember folks:

THE OLD MAN WAS BREAKING THE LAW!!!!!!!

Did the cop overreact? Probably.

You can't have it both ways. Where do you draw the line as to what police will arrest for and not arrest for.

Toxic nut your act is tired!!! Its time to get over the fact that your the love child of mommy having an affair with a cop or the milkman or postman or whatever. Haven't seen any kudos from you for the Akron cops that saved that lady's life the other day.

Maybe at your next militia meeting you can learn how to avoid run on sentences and proper grammar.


ROBERT

Posted 09:55 AM, 05/23/2009

Teddy: He is ACCUSED of breaking the law. The ordinance says "knowingly" causing damage. Prepping a hole to be patched does not mean he was intentionally damaging it. Let's see what a jury says. Any bets?


Wildcat
Naples, Florida

Posted 09:58 AM, 05/23/2009

teddyd, the objective of law is to find justice, not to play by strict rules. That's the difference between us and most of the rest of the world. It's a lofty goal that requires some common sense, not unwavering obedience. Should drivers be allowed to run a red light to get Mom to the hospital to deliver a baby? Of course. Discretion, teddyd.


teddyd

Posted 10:05 AM, 05/23/2009

Robert:

I guarantee you the charges will be dropped.

I understand your thoughts completely but he is NOT allowed to do what he did. Just like it is illegal for you to plow a city street with your own plow.

We can't pick and choose what laws we will follow, even if we believe in what we are doing is benefitting others.

Even tho 99.99% of cops prolly would not have cited this guy, you can't jump all over this cop for doing his job.


Crime of the Century
Cuyahoga Falls, OH

Posted 10:24 AM, 05/23/2009

CodeMonkey812: Civil disobedience calls for mass participation of course... clogging the courts with case after case of the same infraction, garnering larger exposure for the cause. But I'm talking about the driver's license in your pocket, not bolted to your bumper.


David

Posted 10:41 AM, 05/23/2009

Shame on the undercover cop who blew his cover so he could cite this guy. Any local thugs/criminals operating nearby likely saw this interaction and now know who's working undercover in their area.

On the same token, kudos to akron police department for enacting undercover police operations to combat increasing crime. These operations generally work.

If the undercover officer observed a serious act of vandalism, he/she should have called in a uniformed patrol unit to take care of the problem.

Im 100% supportive of APD. It sounds like the undercover officer needs retraining.

I mean, man, I bet that cop got a real kick identifying himself as an undercover police officer and writing a citation...


teddyd

Posted 10:43 AM, 05/23/2009

Wildcat,

You can't have your cake and eat it too.

Wasn't it just a short time ago on this site that everyone agreed that the cop was right for giving a speeding ticket to the sister rushing to her deceased brother's medal ceremony.

In that case I believe justice was served and the ticket torn up. In this case I believe justice will be served and the charge dropped.

Cops don't find justice, they enforce laws. Its the way the system is set up. Is it perfect, no but it has worked for over 200 years. Judges, attorneys and prosecutors will determine what justice prevails.

I just find it amusing how opinions differ on different subjects. It was 99 of 100 people agreeing with the cop on the speeding ticket and now everyone is siding with the old man, EVEN THO laws were broken both times.

The opinion on this site is that the cop is lying. Just for one second take into consideration that witness didn't see the first encounter between the cop and Stacy, she just sees the second encounter and believes she has seen the whole thing. Maybe Stacy is lying because he is mad for getting a ticket.

Did the sister get into a wreck speeding? No.

What are the chances of Stacy ruining the pavement? I'd say slim to none but what if one day his patch job does go bad and causes a freak accident and someone dies?

Just as in your scenario of running a red light to get to the hospital--you take your chances of running into that one cop who will give you a ticket. The cop was just doing his job.


Betamax
Akron, OH

Posted 10:50 AM, 05/23/2009

@robert - ((chucklin')) Well, not ever-buddy can find them big words robert.

Don't give it another thought though. I'm pretty sure ever-buddy else knows where to look.


nosajh9
akron, oh

Posted 10:59 AM, 05/23/2009

what was this cop initially doing for undercover spring cleanup? obviously not much if he turned this old guy sweeping a pothole into a 3 car alarm!


working joe
akron , oh

Posted 11:10 AM, 05/23/2009

mayor don s city at work . i think the recall maybe looking better.....but warner is a little leftie


toxic nut
rootstown, oh

Posted 11:14 AM, 05/23/2009

some laws are stupid and are meant to be broken.that is how progressive change occurs.this is the dumbest citation i have ever heard of.the city of akron leaves holes unrepaired in the road all over the place.am i able to charge them for vehicle damage?no.so now a guy fixes a chuckhole and he is dragged into court?how can this seem to make any sense to you?the cops and the street crews all need to be retrained.


Truthtalk
akron, oh

Posted 11:14 AM, 05/23/2009

Okay...I understand the semtiment here, I guess. The officer warned the guy once. Suppose the guy gets creamed by a car...then you all are talking about lazy cops who could have saved a guy's life...wow. How's the view from the arm chair?

If you all had this scrutiny for YOUR jobs, you would commit suicide. Toxic nut...your act is really tired. Why don't we evaluate YOUR actions for a while, then blog about them. You don't even LIVE in Akron. How are things in Rootsville, slow?


DragonLady

Posted 11:26 AM, 05/23/2009

3 or 4 police cars sent for an 81 year old man with a pick ax and a broom; sounds excessive to me. He wasn't swinging them at anyone. They should have thanked the man for helping the City workers to learn to do their job the right way and fix it so it stays fixed longer. That's OK the courts must not be so backed up now that they need more cases to waste time on. Good luck Mr. Stacy and thank you for helping your neighbor as in the olden days.


I smell a rat
Akron, Oh

Posted 11:29 AM, 05/23/2009

@ truthtalk, I'm sure it's not your fault. You must have been over propagadanized.

I see ya have the flag in your avatar there, just like the Fox news network.

Is that a shreriff's hat, or a cowboy hat or both?


I smell a rat
Akron, Oh

Posted 11:40 AM, 05/23/2009

We all know what happened....

Man who works w/ asphault professionally, gets sick and tired of his lack of responses from the the city when he tries to get the city to fix it.

He goes out to fix it himself.

The under-cover cop, sees something that he doesn't understand.

He immediately calls in "I've got a crazy man in the middle of the street w/ an axe, over"


The cop doesn't buy the guys story, or maybe the old man's attitude (confuses out of breath for angry and peed off).

The cop charges him w/ a crime, and lies that he provided a warning, and lies that it was recently paved.

What will be the most likely outcome...

Man goes to court, judge tells the guy the alternative to fighting it. i.e. $5 fine court costs.

The man agrees. End of story.

What I would like as a citizen to happen...

A new road crew contracting company.

The cop be fired for lieing. (this is huge in my book).

And fire every cop that covered for him.

This is stinking B.S.


4EverRowdy
Oldsmar, FL

Posted 12:33 PM, 05/23/2009

Noodles Jefferson.....

No. Akron is not the laughing stock. The Akron Police Department is the laughing stock. They employ a LOT of good officers. I consider a few very close friends of mine. But arrogant morons like the "under cover" officer, along with an administration that continues to divide their department, has got to go. Kick their worthless butts to the curb and hire people WITHOUT a personal agenda who actually CARE about Akron. I hope Stacy nto only wins his case but is awarded a BIG sum of money for his troubles.


Urban Renaissance
Akron, OH

Posted 12:36 PM, 05/23/2009

This guy will not pay a dime. I know the type, because I am the type. They will not get a fine out of him. Drop it, or play it all the way out.


Urban Renaissance
Akron, OH

Posted 12:37 PM, 05/23/2009

The detective should be written up for LYING about the warning, and filing a false report.


ROBERT

Posted 12:40 PM, 05/23/2009

Beta, Beta, Beta, irregardless isn't a big word. My point is, it isn't a real word. Regardless, is the correct usage. Now go grab a dictionary. Moron.


Betamax
Akron, OH

Posted 01:19 PM, 05/23/2009

@ robert - ((chucklin')) Ooops. Here's a nice little excerpt from Merriam-Webster's for y'all.

irregardless
One entry found.

Main Entry: ir·re·gard·less
Pronunciation: \ˌir-i-ˈgärd-ləs\
Function: adverb
Etymology: probably blend of irrespective and regardless
Date: circa 1912
nonstandard : regardless
usage Irregardless originated in dialectal American speech in the early 20th century. Its fairly widespread use in speech called it to the attention of usage commentators as early as 1927. The most frequently repeated remark about it is that “there is no such word.” There is such a word, however. It is still used primarily in speech, although it can be found from time to time in edited prose.

Of course, iff'n y'all feel like a moron, I'd understand.

Was there anythin' else I can help y'all with??


ROBERT

Posted 02:18 PM, 05/23/2009

I'm guessing you consider ain't a word, too.
If you see the word, ``nonstandard'', as it is in the dictionary next to irregardless, that means it has been so misused by dummies, that it becomes a word. It doesn't make is correct English.
I'm just trying to help you sound more intelligent, old Beta-buddy...Seems you need more help.


I smell a rat
Akron, Oh

Posted 02:29 PM, 05/23/2009

@Robert, forgets the main point of communication...

which I believe is being able to convey a thought.

so shush


ROBERT

Posted 02:36 PM, 05/23/2009

Robert thinks thoughts should be expressed intelligently for maximum effectiveness.


OhioMom

Posted 03:01 PM, 05/23/2009

What a bunch of idiots! This cop not only lied about the so called warning that he never gave-according to the article, a neighbor, Barb Lowther saw it all. But, what's even worse is he also lied that the hole had been recently patched!!

According to the article: "Paul Barnett, the city's public works manager, said crews were in the area this week, but had NOT YET patched the hole in front of Stacy's home." LOLOLOL Slam dunk!! The prosecution doesn't have a chance, this is a waste of time and tax payer money. As someone else said, they should pay the man for doing the cities job for them!

And then to make matters even worse and make them look like worse liars and corrupt s-o-b's that cover each others behinds when one clearly screws up, according to the article: the "Akron police spokesman Lt. Rick Edwards said Stacy was critical of the new patching job performed by city road crews and was cited because he failed to heed the officer's warning to stop digging up the street with his pickax." What new patching job!?? The city manager stated the hole had not even been patched yet, Lt. Edward's is also caught lying and covering for his idiot fellow officer! They should be publicly reprimanded and/or fired.

And if he had to call 3-4 cops as back up for this-he must be mentally deficient and akron's cops must be mighty bored and not have anything better to do than harass an old man that was doing a good deed!

As the saying goes- "No good deed goes unpunished!" Since Akron's cops obviously don't have alot of work to do, seeing how it takes 3-4 cops to give an 81 yr old elderly man a ticket, then apparently it's times to clean house and start laying them off before they get so bored that they shoot the next elderly person they catch doing a good deed!

Barney Fife move over...akrons yahoo cops have outdone you!


JackSprat
Akron, OH

Posted 03:35 PM, 05/23/2009

There is the "letter" of the law, and then there is the intent. Which do you think should be applied in this case? Use some GD common sense. The courts surely have more serious matters than this to spend taxpayers money on!


OhioMom

Posted 03:52 PM, 05/23/2009

TruthTalk: You said "The officer warned the guy once." You need to re-read the article! It states:

"Barb Lowther, Stacy's longtime neighbor, watched the whole scene from her front porch. She said the citation was issued WITHOUT WARNING and three or four patrol cars were called to the street after the undercover officer called for backup."

ROFL...LOLOL...picture it: a very bored under-worked/over-paid undercover cop with nothing better to do is heard on police radio: Calling all cars, calling all cars...please report to East Crosier Street, I need 3-4 back-up officers, oh and hey,dont forget to bring the SWAT team, if they're not busy, we have an elderly 81 yr old murdering a pothole in front of his house!!LOL what a bunch of idiots!!


KathleenD
Tallmadge, Oh

Posted 04:21 PM, 05/23/2009

Geez whiz! That 81 year old is from the old days of "doin' it right". That's rediculous. He was just helpin' the city workers out. Just give hims a warning, and let him go.


Tampa Frank

Posted 04:57 PM, 05/23/2009

I heard they found Jimmy Hoffa in the hole!!!


JUSTANOBSERVER
AKRON, OH

Posted 05:18 PM, 05/23/2009

MORE BEACON JOURNAL COP BASHING. MAYBE THIS GUY SHOULD'VE LEFT THIS POTHOLE ALONE - BUT AT 81 -PROBEBLY WANTED TO FEEL USEFULL. JUST THE SAME - NO KUDOS THE THE BEACON FOR THIS LAME STORY


Truthtalk
akron, oh

Posted 05:25 PM, 05/23/2009

"The officer said he asked Stacy to stop and the retiree did — but only for a minute.

After seeing Stacy take to the street again, the officer issued a court summons for criminal damaging"

OHIO MOM...He was warned. Had he listened, there would be NO story here.

I SMELL A RAT...your mother LOVES when I wear this hat. She LOVES playing rodeo.


teddyd

Posted 06:02 PM, 05/23/2009

C'mon guys and girls.

3 or 4 cops on scene is not really that big of a deal.

Cop sees a guy with a pick axe in the street (regardless of age) and calls it out on the radio, more than one cop will show up to back him up. A pick axe is a deadly weapon and who's to say old the old man doesn't lose it and takes a swing at the cop.

Toxic nut your stupidity numbs the rest of us--"some laws are stupid and meant to be broken."


terry

Posted 06:41 PM, 05/23/2009

this might end up like another John Demjanjuk


I smell a rat
Akron, Oh

Posted 08:50 PM, 05/23/2009

@truthtalk, glad I could furthur bring out the idiot in you. I must have hit it right on the head.

Way to go straight for the mother joke by the way.


I smell a rat
Akron, Oh

Posted 08:51 PM, 05/23/2009

@teddyd, not smart enough to know your stupid?

It's actually quite logically, see....


toxic nut
rootstown, oh

Posted 10:54 PM, 05/23/2009

@teddyd-you would have made a great nazi.never one to question rules/laws.the problem with that type of thinking is that it makes you a lousy human being.


happily imperfect
akron, oh

Posted 01:27 AM, 05/24/2009

the man is 81. Did he officer really have to call three cars for back up?


Lost Lives
Akron, Oh

Posted 02:29 AM, 05/24/2009

Y'all posted your comments based on information you got from the Beacon Journal, ha ha ha, the laughs on you.


IrishLou

Posted 06:44 AM, 05/24/2009

Akron's plan for potholes:
1. Let them get large enough to hold a small car, usually a foreign make.

2. Once the driver abandons the car, city repair crews will swope in.

3. They pave over the hole holding the car.

Results: Use of less asphalt and thus a savings of money and labor. Also, removal of foreign cars thus pleasing the auto companies, the auto unions, the US steel industry and big oil.
As a further result, insurance companies will cease writing policies on fsmall foreign calls and this will also please all of the above who were pleased. As for the car owner suing the city for recovery of loss.. GOOD LUCK! But this will add attorneys to the "pleased column".


toby galownia

Posted 07:17 AM, 05/24/2009

Case dismissed.


bobdevo
independence, MO

Posted 07:47 AM, 05/24/2009

What . . the Akron cops don't have Tasers? The "undercover" officer could have jolted the 81 year old man and saved that poor pothole from his vicious attack.


LOCKMAN
AKRON, OH

Posted 08:09 AM, 05/24/2009

Leave this kind old man alone! God forbid the city do something correctly for once. Anyone who has patched potholes knows that you will have the best results if you clean out all the loose clumps of asphalt, gravel, and dirt first before patching it. Running around throwing asphalt in unprepared holes is a waste, all it does is promote job security for those who are performing the work. They will patch the same hole again next year, and the year after that.
I hope the charges are dropped by a judge who is able to see through the BS!


debbinana
akron, oh

Posted 08:57 AM, 05/24/2009

while i agree the charges should be dropped and the officer over reactedd... who among us wouldn't of be complaining if we drove down the street and ruined our car hitting his improved pothole? he shouldnt be diggin up the street and the officer should relax a bit...


karl rove
Snydertown, OH

Posted 10:16 AM, 05/24/2009

BetaSUX..."irregardless" is not a word. The proper usage is "regardless". Go back to school.


AnonyInGreen
akron, oh

Posted 12:07 PM, 05/24/2009

OMG now I have seen it all. Some citizen trying to do a good thing for people, and he is the "bad" guy now. I hope that cop drives through a huge pot hole and ruins his car. Leave the poor man alone. It isnt like he was tearing something up to leave it...he was fixing it because the CITY DOESN'T this is so stupid!


Minna Wade
akron, OH

Posted 01:19 PM, 05/24/2009

@ Betamax, ya big BM, Robert's gone one up on you. You gonna let him have the last word when he's right?


I smell a rat
Akron, Oh

Posted 02:41 PM, 05/24/2009

lost lives, I like your avatar


NoMoreExcuses
Parma, Oh

Posted 03:07 PM, 05/24/2009

Once again the cop hating ABJ reports the citizens self adjusted story as fact. Nice job! No one ever did what the cops say and always adjust their stories by changing a few facts to justify what they did. Here is the real story. Cop sees man damaging street with a pick ax. Cop cuts man a break and tells him to stop. Cop leaves and man comes back out with pick ax and damages street again. Cop comes back and man argues with him while holding an ax. And any officer who are not on a call and is close always backs up an officer. Any officer would feel bad if they were close and could have stopped by and officer got killed or injured. Witness only sees the second confrontation and says he was never warned or just lies because he is friend with old man.

I have never met someone yet who has gotten a ticket or arrested for something that didn't LYE and deny it or change the story so they are justified. Or change the story and say the officer did something wrong. I understand human nature is to defend yourself when caught doing something wrong. People don't like being told they did something wrong and take pleasure in the down fall of ones with authority. The jail are filled with innocent people.


NoMoreExcuses
Parma, Oh

Posted 03:14 PM, 05/24/2009

What got in trouble was not so much the damaging to the street. He was cut a break on that when the officer just told him to stop. The guy had the balls to come back out and do it again. What a moron. I am suprised he went 81 years and is still around or not in jail.
MORON!


angeleyes4sure
Akron, OH

Posted 03:17 PM, 05/24/2009

O MY!!!!!! give the poor guy a break. He was doing a good thing and at 81 years old..At the back of his driveway. Our taxes pay for roads to be fixed also.If this situation behind his driveway had been fixed, this poor man would not have to go to the extremes of doing it himself. Just goes to show
you can win for losing, even when you are doing something good. Who did it hurt??? No one. It just make the road service look bad, that this man had to do their job..Give it a break already....


I smell a rat
Akron, Oh

Posted 04:04 PM, 05/24/2009

I've never met a cop that didn't try to spin charges in his favor. Especially after losing his/her temper.


lady buckeye
Upstate , ny

Posted 06:55 PM, 05/24/2009

The APD are wasting time going after this poor man for doing good when there are REAL crimes that are not being attended to.


Wildcat
Naples, Florida

Posted 07:53 PM, 05/24/2009

Warning tickets. Jury nullification. Equity. Justice. The system is set up for officers and courts to use discretion. Discretion, the better part of valor teddyd.


Debra
Akron, OH

Posted 10:15 PM, 05/24/2009

Kudos to him!! I live on Quayle Drive in Ellet and 4 times now the same area has needed repairedin a matter of a couple of months. I am tired of having to avoid being hit by another car going around the pot hole. Maybe I should let it tear up my car and sue the city and it will get fixed. We need more people like him...maybe the mayor could listen to someone that knows what they are talking about and not keep spending tax payer money and fixing the same holes over and over and over again. And we wonder why people are moving out of this city. They keep taking the money but don't fix anything properly.


Just lil ole me
akron, oh

Posted 06:33 AM, 05/25/2009

Somebody's got to do it. Obviously it's not the city.


malcum
akron, oh

Posted 07:29 AM, 05/25/2009

Common sense would have been for Barney to talk to the man and ask him what he was doing to the street. After the man's explanation, he might have suggested he stop, since it's technically a violation of the law. If the man refused to stop, the cop should have called his boss for advice. I would have said, "send someone else out to handle this, I don't want my name in the paper".


malcum
akron, oh

Posted 07:32 AM, 05/25/2009

I thought a mayor's main job was to keep potholes filled, thereby keeping the locals happy. Crime is rampant in the hood and the streets are full of craters. Recall, anyone?


malcum
akron, oh

Posted 07:36 AM, 05/25/2009

What's even worse is that side streets in the poorer sections of town are so bad that they can't be traversed in an ox-cart. How about fixing some of those?


steve_douglas75@yahoo.com

Posted 09:51 AM, 05/25/2009

the old man should get a pat on the back for helping the city... the 2 stupid cops should be cleaning the streets with a broom and dust pan for their stupidty..the city need more people like mr.
stacy!


unclehenry
east china, mi

Posted 07:46 AM, 05/26/2009

Total imbaracement to the city. To save face they should fire the cop, Buy the old man a steak dinner and give him a medal.


toxic nut
rootstown, oh

Posted 10:45 AM, 05/26/2009

cops are idiots.


weeziehead
ivanhoe, ca

Posted 07:01 PM, 05/26/2009

LEAVE THAT POOR MAN ALONE! THIS STORY IS NATIONAL NOW AS I'M FROM CALIFORNIA AND I WILL TELL ALL OF MY FRIENDS AND FAMILY TO READ THIS OUTRAGEOUS LINE OF B.S.! WHOEVER ISSUED A CITATION OR EVEN COMPLAINED SHOULD BE ASHAMED OF YOURSELVES! LET ME TELL YOU SOMETHING ELSE....THE DECENT, LAW ABIDING CITIZENS OF CALIFORNIA ARE ON HIS SIDE! LET HIM ALONE!!!


GREEK
UTOPIA, OH

Posted 09:53 AM, 05/27/2009

WHY IS THE NAME OF THE CITING OFFICER BEING KEPT SECRET?????????????


Lost in Thought
Cross Lanes, WV

Posted 09:25 AM, 05/28/2009

I agree, Greek. Public servant, public record ... the officer's name needs to be released. That way, the animal shelter can call him to come down and kick puppies when he's off-duty, and then maybe he can swing by one of the elementary schools or daycares and scare little children until they cry.

Police have a difficult enough job as it is. It's jerks like this one that give the entire Department a bad name, and that's really sad for the many good officers.


toxic nut
rootstown, oh

Posted 05:21 PM, 05/28/2009

the city of akron shamed again.


wilson
anywhere, oh

Posted 09:59 PM, 06/02/2009

Where is the leadership? Mayor? Chief? The decisions made by underlings, for the most part, reflect that of leadership. My guess is there WAS a supervisor on scene based on the number of officers responding. No one had the presence of mind to allow the 81 year old man save face? Why was it more important for the officer to maintain his position in this SILLY war of egos?














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