AP: Tulsa Killing Sparks War Against Homeless

[iconoclastic cat]

Sorry if this post doesn't belong in this forum!

Here it is:

Tulsa Killing Sparks War Against Homeless

TULSA, Okla. (AP) - A homeless man's fatal beating of a brass-knuckle-wielding bar owner has triggered something approaching a war against Tulsa's homeless population.

(snip)

Police have warned homeless people to stay away from the bar, and Cypert said has seen people downtown wearing ``F--- the homeless'' T-shirts handed out by bar owners.

(snip)

Badgewell left Tulsa after the wanted signs and T-shirts surfaced, said his attorney, Steve Hjelm. He won't say where Badgewell has gone for fear of retribution.

``We took it as a kind of vigilante effort,'' Hjelm said.

(more)
****

I'm speechless.

[Jon8503]

1. Tulsa War On Homeless

This is sick. Not surprised with a bunch of right wingers probably or very religious zealots striking in the name of god.

[goju]

2. Sounds like they

went looking for a fight. I dont know anyone who wears brass nuckles as "self defense" measure. More likely they went out to clean up the neighborhood and got their own clock cleaned.

[MrSandman]

3. Serve them right...(not the homeless)

Collect 5k signatures and get their friend indicted.

[skippythwndrdog]

4. It appears as though the bar owner got what was coming to him.

I won't go so far as to say that he deserved to die, but according to the article, he certainly asked for it.

Now. Wait for it. It's coming. MRSandman, please check your mailbox in about 5 minutes.

[gatlingforme]

5. Sounds like the bar owner was a "wanna be cop" to me. Carrying

brass knuckles (wearing them) is a good indication that he was prepared to use them - what his intentions were came in due course when he struck the indigent person first. No sympathy here other than an unfortunate thing that happened. Very unfortunate.

[chilly30]

8. Oh yeah ... then there's this, too:

Shawn Howard’s Last Battle
By Meg Sutherland, Editor

Shawn Howard, owner of a popular downtown bar, died on June 25th from injuries he sustained during an altercation with transient, Terry Badgwell. Many skewed versions and lose interpretations of what happened have surfaced via local and more recently through national media.

While the Tulsa Police report of this incident has not yet been released, our reporters have acquired the investigative report prepared by Doerners, Saunders, Anderson and Daniels, LLP. They were hired by Howard’s family to find justice. In the sole interest of providing fair and complete coverage of the news, we're providing this information to the public. It's about time Tulsa heard and considered the story.

The report states: “Around two weeks before the killing, Badgewell had been involved in throwing rocks at individuals who were at a garage near the Tavern. He also has an extensive criminal record with convictions for burglary, automobile theft, running a road block, and eluding the police. He had arrests for receiving stolen property. He had been charged in Cherokee County with Domestic Abuse and Disturbing the Peace. The domestic abuse charge arose from his seriously biting his own sister. Apparently, he skipped on these charges, and was never apprehended. Reportedly, he was arrested in Tahlequah for a severe beating, but the charges were later dropped…Badgewell had been seen in the area of the Tavern for at least several weeks before he killed Shawn Howard. Josh had never spoken to him, and neither he nor any of the other witnesses knew of any contact between Badgewell and Shawn before the night in question.

“As they were leaving from the side door – on the west, or Cheyenne Avenue side, Shawn and Josh saw, standing just outside the door, two young black men whom they had previously seen selling drugs in the area, and had warned to stay away. The men ran, and Shawn and Josh gave chase.

“Shawn and Josh each had in their back pockets a set of brass knuckles. They began carrying these only recently because of the rough neighborhood, and the fact that they often carried sizable deposits from the bar. (On this occasion, Shawn had about four-hundred dollars.) Neither Shawn nor Josh had ever used the brass knuckles.

“The chase ended when the two young men jumped a low barrier and took off running south on Denver Avenue, and Josh and Shawn stopped running after them. Josh and Shawn walked around the south side of an adjacent building to the corner of Denver and Archer, and then started across a poorly lit vacant lot. This lot is bounded on three sides by buildings, and on the other by railroad tracks. They saw Badgewell walking toward them from the other end of the lot; they had not seen him previously that night. When they first saw him, he was perhaps twenty yards away. Shawn and Badgewell came to a stop a few feet from one another. Josh stood a few feet to the side. Badgewell told Josh, ‘Don’t get behind me,’ and Josh didn’t. Shawn said something to the effect, ‘You get out of here.” Badgewell replied something like, ‘F**k off.’ Shawn and Badgewell began arguing heatedly. Shawn then hit Badgewell lightly on the left side of his jaw, with the brass knuckles on his hand. Apparently, Shawn was trying to scare and warn Badgewell without hurting him; the police photos taken of Badgewell’s face the next day are clear, and show no sign of bruising or any other mark. The striking, according to Josh, was closer to a push than a punch, and Badgewell’s head barely moved. This was the only striking of Badgewell by either Shawn or Josh that night.

“Badgewell then said something to the effect, “All right, I’ll leave,” but after walking a few steps stopped and began to curse Shawn again. Shawn walked up to him, and stated words to the effect, “Okay, now you’re going to get your ass kicked.” Bagewell then truned and ran to a nearby wall, picked up a large piece of lumber, seemed to handle it as if to test it as a weapon, discarded it, and picked up a piece of heavy pipe. Badgewell began running toward Shawn, who was walking toward him. As he ran, Badgewell swung the pipe out with his right hand, and when he reached Shawn hit him very hard on the left side of his head, in the temple area. Perhaps Shawn hadn’t seen the pipe, because he made no apparent attempt to defend himself from the blow.

“Shawn turned to one side, and fell backward, apparently unconscious. After he hit the ground, he did not move. Badgewell raised the pipe to strike again. Josh managed to intercede and distract Badgewell, which stopped Badgewell from beating Shawn while he lay unconscious. Badgewell turned the pipe on Josh. In his panic, Josh did not take out the brass knuckles, and never successfully landed a blow against the larger, armed man. Badgewell proceeded to strike Josh on top of the head, and then to land approximately four additional blows to Josh’s head with the pipe. Josh began to bleed profusely (he received approximately twenty staples to his head and scalp at the hospital) but was fortunately never stunned or lost consciousness.

“Finally, Josh managed to get his arms around Badgewell in an attempt to stop him from swinging the pipe freely. The two men wrestled monentarily, moving their feet, and stumbled into a low “scrap box” that contained discarded debris, probably from nearby manufacturing operations.

“Badgewell fell on top of Josh in the bin. The struggle that ensued included several blows to Josh’s head with the pipe, but these blows were not as severe because Badgewell was unable to swing the pipe with great force in such close quarters, whereas Josh was able to raise his arms and protect himself. At times, Josh managed to grab the pipe with one hand, but the stronger Badgewell hit him, with his free hand, with other objects lying in the bin, and succeeded in wresting the pipe from Josh’s grip. Eventually, josh began to tire and perceived that Badgewell had more energy. Josh had been unable to land any blows, and remained below Badgewell in a defensive posture. Josh finally was able to get both hands on the pipe; Badgewell gripped it with both hands, as well. Badgewell said something like, “You need to leave me alone.” Josh said words to the effect, “I only want to get an ambulance for my friend. I’m going to count to three; we’ll both let go of the pipe.” Both of them let go, but instead of retreating Badgewell began trying to get his thumbs in Josh’s eyes to gouge them out. Josh protected himself, closing his eyes tight; Badgewell never got his thumbs solidly inside Josh’s eyes.

“Badgewell got out of the bin. Josh sat up in it. Badgewell got behind him and hit him very hard in the back of the head with the pipe. Josh’s head was running with blood. He looked out to his left and observed Shawn – whom he had not seen since his own struggle with Badgewell began – on his feet, and slowly stumbling, trying to get away out of the lot in the direction of the train tracks. Shawn, who was thirty feet or so from the bin, had managed to walk past Josh and Badgewell while they were struggling.

“Badgewell left Josh and ran toward Shawn, whose back was turned. Josh managed to get out of the bin. Badgewell ran Shawn down from behind and hit him very hard on the right side of the head with the pipe, felling him. Shawn’s body looked unconscious. As Shawn was down and helpless, Badgewell began beating him repeatedly and savagely with the pipe. Shawn was motionless. Josh believed he had no chance to stop Badgewell without the gun at the bar. He ran as fast as he could to the bar, where Shayna and Jennifer had been waiting just outside the side door. He yelled to the effect, “He’s killing Shawn. Give me the gun and call the cops.” Shayna met him in the street with the gun. Josh turned immediately and ran back to the scene. After calling 911 with Jennifer, Shayna ran after Josh.

"When Josh arrived, Badgewell was gone. Shawn lay in a very large pool of blood. His skull was fractured and crushed, but he was barely breathing. We are informed that a resulting examination revealed multiple deadly blows; Badgewell had even taken care to strike Shawn in the face, breaking his teeth. Josh tried to help Shawn breathe; he was bleeding badly through his mouth. When Shayna arrived, Josh urged her to stay away. Nonetheless, she knelt in Shawn’s blood, placed her arm below his head, and tried to help him.

"Soon, emergency vehicles arrived. Shawn and Josh were taken to St. John’s Hospital. Josh was released the next day after being stitched up. Shawn died from his injuries at approximately 4:45 p.m., Friday, June 25. Josh wrote a statement in his own hand for the police the next day; he was never subsequently interviewed. Shayna and Jennifer were briefly interviewed by the police.

"Badgewell was arrested at a nearby shelter. He was covered with blood, and unmarked in the face. Apparently, the authorities later met with Badgewell, and perhaps a public defender representing him. Badgewell apparently claimed self defense, contending he had been attacked by both men with brass knuckles. On approximately Wednesday, June 29th, he was released on the grounds that he had acted in 'self defense.'”


About the Photo:
Taken August 24, the foreground was the battleground. In the background the Downtown Post Office/Federal Court Building, Tulsa County Court House, and City Hall can be seen.

[NorthernSpy]

6. I'd be surprised if that bar owner didn't have...

... a history of unpunished assaults against other homeless people.

I wonder -- did Howard and Martin have permits for those brass knuckles? From packing.org, I got the following passage of OK title 21, ss1272:

It shall be unlawful for any person to carry upon or about his or her person, or in a purse or other container belonging to the person, any pistol, revolver, shotgun or rifle whether loaded or unloaded or any dagger, bowie knife, dirk knife, switchblade knife, spring-type knife, sword cane, knife having a blade which opens automatically by hand pressure applied to a button, spring, or other device in the handle of the knife, blackjack, loaded cane, billy, hand chain, metal knuckles, or any other offensive weapon, whether such weapon be concealed or unconcealed, except this section shall not prohibit:

1. The proper use of guns and knives for hunting, fishing, educational or recreational purposes;

2. The carrying or use of weapons in a manner otherwise permitted by statute or authorized by the Oklahoma Self-Defense Act, Section 1290.1 et seq. of this title

Oklahoma Self-Defense Act, Section 1290.1 et seq deals with obtaining a concealed carry license for a firearm.


So: self-styled tough guy starts fight, dies, deserves it.


And the response of the bar owner's clique reminds me of the uppercaste militias in India and their endless viciousness against the Dalits. The same notion that us 'nice folks' are actually entitled to pick on those we consider beneath us -- and that, if one untouchable dares to defend himself, all right-thinking people must join us in screaming bloody murder and generally avenging ourselves upon the outcastes.


Mary

[chilly30]

7. Check this out.

Mary & all,

Read this from TulsaTday.com:

Associated Press Lies About Tulsa
By Meg Sutherland, Editor

Associated Press (AP) Writer Clayton Bellamy wants the world to think Tulsa is at war. Apparently with malice aforethought and for the purpose of advancing his career, Bellamy lied in a story distributed worldwide claiming there is “vigilante justice” against the homeless in Tulsa.

Titled “Tulsa Killing Sparks Homeless Backlash” the story was carried by the AP internationally August 17, 2004, but the headline is a lie. Further, the first paragraph reads, “Anger over a homeless man’s fatal beating of a brass-knuckle-wielding bar owner is boiling over in Tulsa, where street people are facing a loosely organized campaign against their presence – and in some cases are being run out of the area.”

Tulsa Today’s offices are located within the area and Publisher David Arnett’s loft residence is within two blocks of where businessman Shawn Howard was bludgeoned to death by Terry Badgewell who admits to the blows while alleging self-defense.

“Daily, I walk my Great Dane within sight of the spot of the attack and our office security system monitors street activity 24/7. There have been no incidents of attacks or even harsh words that could be remotely characterized as vigilante justice upon street people, the homeless, or the merely scruffy within downtown Tulsa. There has been no drop in the number or activities on the street in the neighborhood. Some are still out dealing drugs, selling sex, panhandling, stumbling blind drunk, and fighting with each other,” Arnett said.

Bellamy wrote in an e-mail provided to www.TulsaToday.com, “There were some things in the story that were mischaracterized.” However, he did not apparently admit the same to AP Editor Lindel Hudson who backed the veracity of the AP story.

Bellamy’s reporting generated calls from national and international news organizations, seeking information on a “War on the Homeless in Tulsa” that from all objective evidence never happened. The Guardian called www.TulsaToday.com from London for more information and Broadway Producer Sam Wagner called to offer transportation, a place to live, and a full-time job in the production of “Prison Boyz” – he liked Badgewell’s “bad boy look” in the photograph accompanying the AP story.

Further within the same e-mail Bellamy wrote as explanation, “ also about some of the things that have occurred between the homeless and some Tulsans before and since the incident. From our perspective, that was a very interesting news angle, and the one we decided to pursue. That's our right. People are killed in what authorities call ‘self defense’ all the time in our country. It's not as newsworthy as the lashing out at homeless, a downtrodden group to begin with, that has occurred here.”

Lashing out at the homeless has not occurred in Tulsa.

Street people live a hard life by any standard and violence has never been uncommon. To Bellamy’s credit, he did include a comment from Officer Scott Walton, spokesman for the Tulsa Police Department that he is not aware of any homeless people being targeted recently for violence because of their homelessness. But that most significant comment was buried deep in the story.

When www.TulsaToday.com reporters spoke with Sandra Holden, Executive Director of the Day Center for the Homeless, her immediate response was: “That story was highly exaggerated - highly exaggerated! There is no “war” against the homeless.” Holden repeated her observations to a neighborhood business owners meeting later Thursday, rolling her eyes at the number and foolishness of the media calls. Holden has received calls from the CBS Morning Show and other news organizations throughout the nation.

Bellamy wrote, “T-shirts have been printed blasting homeless people with a four-letter word, and some people are warning of vigilante justice. A wanted poster with a picture of Terry Badgewell, the man who used a length of pipe to kill Tavern owner Shawn Howard, was put up in a liquor store downtown.”

In truth, T-shirts saying “F The Homeless” were printed years before Shawn Howard was ever a part of the downtown scene to say nothing of his ownership of the Tavern and, if any still exist, they have not recently been in evidence. The T-shirt’s original purpose, as we understand it, was a message to South Tulsa to come have fun downtown as in “Forget Your Fear, Let’s Party.”

Public Defender Steve Hjelm is quoted by Bellamy as saying Badgewell left Tulsa after the wanted sign and the T-shirts surfaced, “We took it as a kind of vigilante effort.”

A competent reporter and or editor would expect an attorney defending a killer to reach for any public sympathy and be especially careful to verify defense claims of such inflammatory nature. The fact that the T-shirts were old long before the killing is very significant.

Holden said, “We haven’t seen anyone wearing them. There was one poster that was bad. It’s quiet right now. There is no backlash against the homeless.”

Canvassing the neighborhood, this reporter did not find a copy of the poster in public display or any business in downtown Tulsa that would admit ever having a copy or displaying one.

As for the reported incidences of violence against the homeless, Holden stated, “There were two times people were chased from the area and I honestly can’t say it had anything to do with the bar or with the (Shawn Howard) incident. We’re communicating with business owners downtown and everyone is trying to be a good neighbor.”

The situation begs the question of individual anger over anyone being released a few days after beating someone to death. Should this tragic event have happened in a wealthy suburb would not friends and neighbors consider if not execute a little desk top publishing of a wanted poster featuring what they consider to be the killer? Is a wanted poster not a call for justice? Is this not a nation of free speech? How politically correct must humans be in periods of extreme personal grief?

Holden’s Day Center for the Homeless is located less than two city blocks from the Tavern. A full interview by www.TulsaToday.com with Holden many months prior to the Howard killing and focused on the issues of homelessness is available online (click here to read the story). Aggressive panhandling and even assault is an ongoing problem in Tulsa and not just within the downtown district.

Bellamy wrote that Michael Cypert, a resident of the Salvation Army shelter, said patrons of the Tavern chased him away from the area during a memorial for Howard a few days after Howard’s death. Bellamy’s AP story attributes a direct quote of Cypert saying, “We don’t panhandle over there or anything.” This one source and statements by Badgewell’s defense attorney are Bellamy’s only indication of impropriety throughout the community.

Those who attended the memorial said several apparently homeless men approached the crowd at the memorial asking for money. Several of Shawn Howard’s friends told the men the same thing, “This is not a good day to panhandle here.” There was no incident of violence at this time of intense personal anguish over the loss of a respected friend.

Sources requesting anonymity told www.TulsaToday.com that one scruffy street person during the memorial was chased from outside the Tavern because he was "attempting to steal a case of beer that was staged to be loaded into a cooler."

So how did this story start? Tulsa County District Attorney Tim Harris forwarded the idea of “vigilante justice” in what some have suggested was an effort to deflect community outrage over public announcement of his decision not to prosecute Badgewell. However, Harris’s more recent comments on local radio talk shows assert that investigation of the death of Howard is “on-going.”

Without a final police report, it is difficult to know what really happened in the early morning hours of June 24. However, with Badgewell’s release, the Howard family is understandably concerned for justice and they have engaged the law firm of Doerner, Saunders, Daniel & Anderson, LLP which produced an investigative report on the killing.

Provided to www.TulsaToday.com, the report is extensive, but excerpts will be provided in a story scheduled to be published on this site, Tuesday August 24. The report disputes many previous media summaries of the events that fateful night.

It is relevant to note that homeless people are fed every day at several shelters and neighborhood churches with the support and funding of the Tulsa community. Every weekend church groups from the suburbs load food and often times clothing for distribution within the core of downtown. If there was any “loosely organized campaign” against the presence of the homeless, it would be known. If church groups can in love find the homeless, then certainly anyone in rage dedicated to “vigilante” justice would know when and where to find targets. They have not so acted.

There is no “organized campaign” or even individual attacks by “vigilantes” against the homeless in Tulsa. Clayton Bellamy, based in Tulsa, should know that from easily attainable obvious information. The story by Bellamy with the apparent full support of his editors in Oklahoma City and New York sensationalize inaccurate information and betray all ethical standards of journalism.

It is the just and considered editorial judgment of www.TulsaToday.com to demand a complete public apology from the Associated Press and a retraction distributed as fully as their lie about Tulsa. We call other media worldwide to join us in this demand with courage and full knowledge that journalists must hold each other responsible for truth. It is the one precious thing our profession can not live without. If traditional media powers can not act with honor they are but dust under our feet and www.TulsaToday.com will maintain this story as witness of the AP’s lie online forever.

About the Photo:
Holy Joe’s Christian Nightspot at 423 South Ash in Broken Arrow also ministers to the needy in downtown Tulsa. Offering free hot dogs, clothes, music, and counseling founders Ernie and Sherry Anthamatten continue a long community tradition of helping those in need. The Saturday morning event pictured was held after the Shawn Howard killing three city blocks to the south.

[chilly30]

12. NorthernSpy, with all due respect ...

>>>So: self-styled tough guy starts fight, dies, deserves it. And the response of the bar owner's clique reminds me of the uppercaste militias in India and their endless viciousness against the Dalits. The same notion that us 'nice folks' are actually entitled to pick on those we consider beneath us -- and that, if one untouchable dares to defend himself, all right-thinking people must join us in screaming bloody murder and generally avenging ourselves upon the outcastes.>>>

Wha--?!?!? This has NO RELATIONSHIP WHATSOEVER to "uppercaste militias in India." PLEASE read the rest of my posts.

Nobody is "entitled" to beat a fleeing man to death -- or and unconcious man to death -- or to beat a man trying to calmly talk Badgewell out of HIS deadly weapon so that Martin and Howard could peaceably pass. To attack a man from BEHIND when he is not at all threatening anyone, after he had already been knocked out once with a blow that fractured his skull, is excessive force. At the least, it's manslaughter, and it's a crime.

And, my whole point is, it should be up to a jury to decide if ANY of these people committed a crime or crimes. If they did, send them to jail/prison. It's just the right thing to do. And ALL of us here in Tulsa hope a court case eventually happens. It's not about any "clique." It's about justice where it's due. Give it to the courts and let the chips fall where they may.

At least, that's our wish.

[lcordero]

9. I don't feel sorry for the guy

He tried to kick somebody when they were down and out. That somebody defended themselves.

[Blue_Tires]

10. WTF is Meg Sutherland's agenda?

first she cites verbatim a report from the LAW FIRM representing that bartender's family, which completely villifies Badgewell and makes Mr. Brass-knucks seem like an angel in the wrong place at the wrong time...in the next piece she essentially says 'the city doesn't really have anything against the homeless, but we should because they're pieces of shit'

crappy journalism...

even though i don't believe that anyone deserves to get beat to death with a pipe, it's hard to have sympathy for Mr. Brass-knucks...instant karma...No matter what 'community service' he thought he was doing when taking the law into his hands, he lost all legal standing when he left his property to chase after someone (and i don't believe that crack-dealers part, either), especially if no wrong had been committed to him or anyone else...

I wouldn't surprise me if he was the type of person that usually ventured out at night looking for fights, trying to find easy marks to beat up...people too tired, hungry, or weak to defend themselves...next time leave well enough alone, and god forbid someone simply call the police next time..

[chilly30]

11. the agenda ...

Sorry, BT, you're perfectly entitled to your opinion, but I also must disagree. And set some things straight. The crack-dealers part is undeniably true. I know it, I saw them give chase. It was also witnessed by several people and the DA didn't seem to think that information was relevant or important. ... Maybe because it didn't support the DAs bad decision, and so the DA was trying to cover his hiney.

And, Meg Sutherland doesn't have an agenda. The DA, even after written requests and being served with court papers, would not release the police report. (Maybe there's a "cover up?" Badgewell's atty is also close personal friends with the DA.) So Shawn's family atty (one of the top five in Tulsa, who believed so much in the case that he -- and the law firm -- took it on pro bono) did his OWN investigation. That's why she cited that source only.

It's just that there is SO MUCH misinformation out there, that the publisher (not the editor, per se) of TulsaToday wanted to "respectfully call bulls*hit" on the AP reporter who was fanning the flames. Read the quotes from Sandra Holden, the woman who runs the Day Center for the Homeless, where Badgewell was arrested after the crime, RE: >>>When www.TulsaToday.com reporters spoke with Sandra Holden, Executive Director of the Day Center for the Homeless, her immediate response was: “That story was highly exaggerated - highly exaggerated. There is no 'war' against the homeless.”>>>

And Shawn Howard NEVER went "looking for fights." Ever. He was an extremely kind, generous and funny man, who actually used to hire homeless folks to help him around his place. And, he has no criminal record whatsoever. Nor does the bar manager.

And they DID call the police. Many, many times. The bar actually had a very good rapport with every single officer that patrolled that area. Shawn knew them all by name, and the officers would often stop in -- on and off shift -- to chitchat with him and have a laugh or two.

Shawn Howard is not a NOT "big beefy agressive" type. He was thin, average-height, non-violent. Very diplomatic in everything he did. He chose to be, which is why his business was so successful. Badgewell is a very large, aggressive, belligerent paranoid schizophrenic who refused treatment or medication. He has a long history of violence. Trust me here, I live in Tulsa and many people I know (including myself) have casually encountered this guy -- before and after Shawn Howard was killed, and NOT just in the downtown area. I've seen it with my own eyes.

I know that your opinion is your opinion, and likewise for myself. I just wanted to get some things out there, in case anyone cared about what "hasn't" been said, which is why I also posted the TulsaToday articles.

Thanks.

Here's another article:
http://www.send2press.com/PRnetwire/pr04_072802-shawn-howard.shtml



======

Law and Legal News
Business News Articles from PRnetwire™

Article Editor: Christopher Laird Simmons

Justice Betrayed? Tulsa D.A. Refuses to Prosecute Brutal Slaying In Midst of Violent Crime Wave

TULSA, Okla. - July 28, 2004 /Send2Press Newswire/ -- The family of a slain businessman, Shawn Howard, is seeking justice for their son in a case that has many questioning the judgment of the Tulsa County prosecutor's office.

On June 25, Mr. Howard, owner of a downtown tavern, located at 23 North Cheyenne Avenue, died from wounds received during an assault by a vagrant in the early morning hours of June 24. Howard was hit in the head as many as 10 times with a steel pipe. His teeth were broken out. His skull was destroyed.

<snip>

Without even interviewing Martin, the only witness to the killing, Tulsa District Attorney Tim Harris declined to press charges and released Badgewell on the grounds of self-defense. ... Indeed, Badgewell's booking photo showed no visible marks of any kind.

<snip>

The family's attorney stated: "Under the law, this was not an act of 'self-defense.' Lethal, disproportionate force was used after any credible claim of threat from Shawn toward his killer has disappeared."

Harris has been repeatedly criticized in the community for what seem to be inexplicable decisions not to prosecute violent crimes. This leaves residents struggling to cope with a skyrocketing crime rate that has sent Tulsa into the top 15 cities in the nation, prompting Attorney General John Ashcroft to deploy a task force of FBI agents to help local law enforcement cope.

[Blue_Tires]

13. ok...you seem to know something about this...

i guess i have way too many unanswered questions about this...no flames; i'm honestly trying to figure this out...

1. why did the barkeep have a set of knucks on him?? if he's trying to protect himself in a dangerous part of town, a sidearm would be much more to the point, and even understandable, if this part of town is as bad as i've read. To me, the mere possession of knucks implies not self-defense, but to punish someone physically.

2. why exactly did they chase after the dealers? what exactly would they have done had they actually caught them? (and thanks to the paper for labeling them as "young black males"...completely irrelavent, and does nothing but fan the flames)...

3. If badgewell was such a well-known danger to the common good, why not just lock him up (for vagrancy, at least)???...I find it hard to believe that the DA is sooooo buddy-buddy with some lawyer that he would keep a 'homicidal vagrant' on the streets despite sharp public opinion to the opposite...a murderin' bum has to be one of the easiest cases to get a conviction on for a DA that probably is concerned about his record as being 'tough on crime' there has to be something more to this.

4...I'm a journalist, and I stand by my point earlier that the Sutherland pieces posted are the height of shitty, one-sided journalism, and she has the sack to call out a lowly AP reporter!! If Tulsa Today didn't have a their own reporter out there at the scene when Bellamy was there, then it's lazy and revisionist to go out there at a later time, talk to a bunch of people saying the opposite, and print a contradictory story...AND in our business, if you have a problem with something printed or how something is covered, you go straight up the ladder to the editor Lindel Hudson, who strangely enough was not sought out...

The first piece where she cites verbatim that law firm report, needs to have a HUGE disclaimer...and even then, needs to be used spasely...just get the basic info from the report, and write a story, instead of printing essentially the whole thing...shit, they might as well have said "You write out your own findings, and add a little jury-swaying emotions, and we'll give you free space on our op-ed page...hell, I'll even add my name to the top to add legitimacy"

Now, I'm NOT saying everything or anything printed was wrong, as I live about 2,000 miles away...BUT it is horribly slanted and unbalanced, and proves that Sutherland is either on her own personal crusade, or carrying water for someone. And calling out the lowly AP reporter was wrong in every regard, unless he KNOWINGLY saw something else and wrote something completely contrary to the truth...And they can wait for that 'apology' from the AP until hell freezes over and becomes a ski resort...

Here's hoping that someday we REALLY find out what happened

[chilly30]

14. answering (or trying to) your questions

Here's my best attempt to answer your questions:

1. On the sidearm issue, you are correct. Usually, they DO carry a firearm, and they both also had concealed-carry permits. For some reason, unfortunately, they decided they didn't need a gun that night. Shawn didn't ever want to have to use deadly force on anyone. So he carried what HE considered a "non-lethal" weapon for self-defense.

2. The dealers were chased because they were blocking the exit door, and nobody could leave without literally running into the two men. And the men refused to move and told Shawn and Josh to "go fuck" themselves. The crack dealers had been arrested many, many times and Shawn had numerously called the police on them. The two were adversarial, taunted customers, broke into cars, knew they couldn't really "be arrested" for anything because they had never been caught. So, Shawn and Josh chased them away off the property, to keep them from returning to the back door. Shawn didn't want drug deals going down on the sidewalk outside of his business. And Shawn lived in a loft just yards away from his business' back door.

3. There are no vagrancy laws in Tulsa. At least, not any that are inforced. All the police are able to do is tell a vagrant or squatter to move down the street a block or two. So, they shuffle all over the place. In fact, I've seen ads from other states from our local Red Cross, advertising that homeless and down-and-out people could apply for one-way bus fare to Tulsa, because we're so "friendly." No kidding.

Basically, the Zarrow (verrrry old money) family funds the Day Center for the Homeless. It's the richest, most influential family (they're not-so-jokingly called the "Z Mafia" by many people in Tulsa) in Tulsa next to the Lortons, whose family has owned the Tulsa World newspaper for more than three generations. Their family helps fund Mission John 3:16. The D.A. runs in these circles. So does Badgewell's defense attorney. Very "Christian" constiuency. Very rich, very generous to Republican concers. Which is partially how the DA was elected. So, a "bar owner" getting into a "brawl" isn't going to get much sympathy from the DA. (In fact, the DA tends to "pray for" the right decision when deciding whether or not to prosecute a case. The DA admittedly follows his "heart" and "God tells him what's right" and, to him, the facts aren't always relevant. He prosecutes fewer than ONE PERCENT of all the cases that come into his office. The national average is somewhere around six percent. http://www.ardmoreite.com/stories/072103/new_tulsa.shtml) I've spoken with a prominent attorney here in Tulsa that worked for the DA for years, and he was explaining to us how to "approach" him, because the DA does tend to be a bit judgemental on the Christian end of things.

Also, Badgewell had been refused treatment in both places before he started camping out in the lot by Shawn's bar. And, of course, the newspaper family and the richest family in Tulsa aren't going to admit that they may somehow be culpable in this incident. Badgewell's got a long and traceable record of violent crimes, including trying to bite of his sister's finger when he was off his medications.

Tulsa also doesn't have any "indigent" mental health hospitals available, so Badgewell is roaming the streets almost completely unable to get any help. I actually believe that Badgewell probably IS a pretty decent, soft-spoken guy -- WHEN HE'S ON HIS MEDS. Meeting Badgewell after the jail personnel got him back on his meds could have also swayed the DA. But Badgewell was apparently so violent that his family wouldn't even watch after him anymore -- until he was arrested for the beatings of Shawn and Josh. Then, they demanded that Badgewell immedietly go on his meds. From what I understand, he is a paranoid schizopherenic. And, untreated, people with this disease are delusional and can become extremely violent.

4. I have to agree that Meg's stories aren't shining examples of good journalism. She ABSOLUTELY was too close to the story, and was very upset about the case. She has known Shawn for more than a decade, from what I understand.

The AP reporter ADMITTED that he didn't necessarily play things straight. It's in writing, via an email that he sent the press contact for Shawn's family. In fact, like I said, he completely misrepresented what was happening, what had happened, and just culled together out-of-date information from articles that were more than a month old, where people WERE admitting that people were fearing some kind of backlash. But, a month later, NONE of those fears had come to fruition. NONE. And, unfortunately, this fact is BURIED in the story, near the last paragraph. And he also claimed that he had interviewed people FOR THIS STORY that he never interviewed -- at least not for this story. Like I said, he culled together a bunch of old quotes, and they lost their context. Even the woman who manages the Day Center said that the AP reporter's representation of the facts was grossly overstated. I know this AP reporter, and he's a nice person. I'm actually kind of shocked that he did this, but I'm sure he was on a tight deadline and just wanted to write a story that someone would want to read.

So, as for posting the attorney's report verbatim on TulsaToday's website, it seems to me that is was very likely a knee-jerk reaction in reaction to a knee-jerk reaction by the press and, specifically, the AP. Especially since the AP writer's story went worldwide.




Soooooooooooooo ... whew, I'm exhausted after all that typing. And, I fully acknowledge that, to some extent, the only thing I have going for me on this is my word. I hope what I have to say actually makes some sense to people who are curious about this and don't want to "rush to judgement." At least it will give you some perspective and you'll still be free to agree or disagree, of course. I know a LOT about this case and a LOT about Tulsa, and I'm sure that most everything -- if not everything -- that I've said here is supportable by researching a bit on the Internet.

Thanks,

-- chilly30

[Blue_Tires]

15. ok..so more light has been shed on this

thanks

[chilly30]

16. you're welcome.

;-)

[chilly30]

17. GOOD NEWS

Justice very well may be served in this case!!

For Tulsa, this could be the first time in almost a decade that a signature drive to get a grand jury hearing is successful. Read on ...

============

http://www.justiceforshawn.org/13

=============

Met or exceeded signature quota
We have made it

As of this Saturday the latest tally of the signatures was estimated to be at least 11,000 signatures from Tulsa county registered voters which is well over double the 5,000 signatures needed. So, Shawn's family thanks everyone that helped out with the petition and or signed the petition. If anyone has a petition on hand they need to turn them in at Deadtown Tavern by Monday the 27th.
No additional signatures will be taken after September 27th, after which the petitions will be filed for verification. Then after the count has been made and met, the case will be given to the judge to accept or deny.

[chilly30]

18. A trend? This wasn't a random attack ...

on a homeless man. It wasn't a hate crime. ... Anyhow, my point is that there's a larger problem of serious violence in the downtown Tulsa area.

And, Shawn's bar and his business attitude (and non-violent demeanor) was WAYYYYYYYYYYY superior to those of most other downtown businesses and patrons.

In April, I was also brutally assaulted in a downtown pub. Sucker-punched in the mouth and the throat by a man who had been allowed to roam the fine city of Tulsa even though he's had more than 93 charges against him, prior jail time and criminal convictions. The man who did it ended up going to prison for FOUR years, because of prior convictions.

This is about CRIME, prosecuting CRIMES, and the LAW. It's NOT about the homeless!

Please read on (yes, it's long-winded, and all of these have happened recently -- most in the last few months).

(article snippets and links attached):

============

Crime of the Week: Suspects are sought in deadly encounter
Staff Reports
09/23/2004
http://www.tulsaworld.com/ArchiveSearch/search/ArchiveArticle.asp?ArticleID=040923_Ne_A15_Suspe39916
Tulsa World, Page A15 of News

<snip>

Tulsa police are seeking information leading to arrests in the beating death of a man downtown.

Scott Bolton left Studio 310 at 310 E. First St. (NOT near where bar owner Shawn Howard was killed) about 2 a.m. Sept. 11 with a friend and went to a parking garage at 300 E. First St. At least four men followed them, and a confrontation broke out.

Surveillance video from the garage shows one man hitting Bolton in the face, causing him to fall. His head struck the concrete, resulting in severe blunt head trauma. He died Sept. 16.

Police have received conflicting information and indicated that Bolton might also have gone to the Voodoo Room, 230 E. First St.

<snip>

Mark Henry, Bolton's brother said blood tests at the hospital proved that Bolton was not drunk.

<snip>

================================

Downtown beat gets stronger
ROBERT EVATT World Staff Writer
http://www.tulsaworld.com/ArchiveSearch/search/ArchiveArticle.asp?ArticleID=040801_Ne_A1_Downt10901
08/01/2004
Tulsa World (Final Home Edition), Page A1 of News

<snip>

Days after 66 officers -- everyone on duty -- descended on Club Eclipse (again, downtown but NOT near Shawn's business) to quell a near-riot, the worst transgression occurred at Downtown 54, also known as Studio 310, when a man sucker-punched another patron.

The attacker was quickly ejected from the club and arrested on a complaint of public drunkenness.

<snip>

Rashad Ali Barnes died in January from gunshot wounds inflicted during a December 2003 brawl outside Curly's (again, downtown but NOT near Shawn's Deadtown Tavern), a club that closed in March. No one has been arrested in connection with the crime.

Additionally, in August 2003, Norman Huntley was shot in the legs in a parking lot behind Arnie's Bar (again, downtown but NOT near Shawn's Deadtown Tavern) after leaving Goodfellas (same), a nearby bar that closed earlier this year.

<snip>

. . . Collins said the only major crime committed at McNellie's (again, downtown but NOT near Shawn's Deadtown Tavern) since it opened in March was a carjacking with no injuries.

<snip>

Though bars and clubs are throughout downtown, Dalgleish said the vast majority of police calls originate in and around the Blue Dome District -- roughly from First to Third streets between Cincinnati and Elgin avenues. (NOT near Shawn's bar.)

<snip>

For example, on the night of July 22-23, days after the near-riot at Eclipse, fights broke out at Downtown 54 and Cronies Bar, sending two people to the hospital with mild injuries. (Blue Dome District ... a man was beaten on the head with a PIPE or other blunt object and the suspect fled on foot!)

===========================

Man jailed in assault seen by workers
Staff Reports
08/05/2004
Tulsa World (Final Home Edition), Page A15 of News
http://www.tulsaworld.com/ArchiveSearch/search/ArchiveArticle.asp?ArticleID=040805_Ne_A15_Manja12613

<snip>

A man was jailed in an attack that was witnessed by several people on their way to their downtown offices Tuesday morning.

Robert Lee Goree, 29, was arrested about 8:15 a.m. Tuesday near Archer Street and Elgin Avenue, records show.

A woman was taken to a hospital in fair condition following the assault, EMSA ambulance service spokeswoman Tina Wells said.

A witness had called the police to report that a woman was being assaulted by a man near the railroad tracks.

The caller said the man had been chasing the woman, Sgt. Kim Presley said.

<snip>



=========================

Standoff, shooting, keep police busy
A search reveals a cache of weapons at one site; a woman threatens suicide in a separate incident.

MATT ELLIOTT AND NICOLE MARSHALL World Staff Writers
07/22/2004
Tulsa World (Final Home Edition), Page A1 of News
http://www.tulsaworld.com/ArchiveSearch/search/ArchiveArticle.asp?ArticleID=040722_Ne_A1_Stand43408


Tulsa police took a man into custody Wednesday afternoon after witnesses said he shot at a downtown building.

<snip>

Earlier in the day, police had shot a suicidal man when he pointed an air rifle at them.

In still another unrelated case Wednesday, a potentially suicidal woman who was a suspect in a stabbing barricaded herself in a house and threatened to burn the residence.

<snip>

Officers were called around 4:30 p.m. to the Tulsa Violin Shop, 220 N. Main St. (downtown), by the shop's owner, who said a man had shot at his building from a nearby apartment.

<snip>

Officers searching the apartment found <snip> . . . a grenade launcher, an AR-15 assault rifle with a shortened barrel, two small-caliber weapons, a shotgun and a homemade explosive, Yates said. Officers also allegedly found materials that could have been used to make more explosives.

==================

[chilly30]

19. Another Update . . .

Signatures verified in petition for grand jury
By BILL BRAUN World Staff Writer
10/6/2004
http://www.tulsaworld.com/NewsStory.asp?ID=041006_Ne_A15_Signa18880

The Tulsa County Election Board indicated Tuesday that it has verified more than enough signatures to have a grand jury investigate the killing of Tulsa bar owner Shawn Howard.

Presiding District Judge Tom Gillert already has ordered a grand jury to convene Oct. 25 on another matter.

Gillert is expected to issue an order Wednesday that will result in that same grand jury also hearing witnesses related to the Howard homicide.

<snip>

In the Howard case, the Election Board stopped counting after verifying that the petition had 5,962 valid signatures of registered Tulsa County voters.

Some 560 sheets of signatures had been turned over to the Election Board, which verified signatures on 358 of those pages.

By law, 5,000 signatures of registered county voters are needed to convene a grand jury. The Election Board had court approval to stop counting after finding that sufficient signatures had been submitted, Court Clerk Sally Howe Smith said.

<snip>

Harris and his staff will not serve as legal advisers to grand jurors, who will be assisted by lawyers from outside that office.

----------------------------

Bill Braun 581-8455
[e-mail]