Tuesday, August 25, 2015

"What happens when the police were doing this to you; who do you call?" Caln Township, PA 2011


A Daily Local News reporter listened as the delegation from Carver Court addressed the Caln Township Commissioners in regard to the incident on March 17, 2011 on Foundry Street in Carver Court, Caln Township. 

What they said was withheld by Daily Local News. 

I think it's newsworthy:

A multi-jurisdictional task force of US Marshals, Pennsylvania State Police, members of Chester County District Attorney’s office and members from the Coatesville Police Department; apparently looking for a fugitive burst into a home in Carver Court in Caln Township on March 17, 2011. It was the wrong home. 

Updated information on:

Swat Task Force apparently bursts into the wrong Caln Township home

 The word on the street is that the you can add members of the Philadelphia Police Force to the “multi-jurisdictional task force” that Caln Police Chief Byerly said “is made up of US Marshals, it’s made up of Pennsylvania State Police, It’s made up of members of Chester County District Attorney’s office and It’s made up of members from the Coatesville Police Department.” There were no Caln Police present.
The word on the street is that they allegedly had a "Body Warrant" for a suspect but no “Search Warrant” for a home belonging to a black woman in her 70s. 
The woman and her sons have no criminal records.
Only a "Search Warrant" allows them to enter the house. The "Body Warrant" does not allow them to enter.
The alleged “credible information” that the “multi-jurisdictional task force” had, turned out to be alleged unreliable and not vetted intelligence that allegedly came from a relative of the person they were pursuing.
To recap, allegedly:
 A tactical police squad arrived at the front door calling out “Medics” and burst into the home of an elderly black woman with a heart condition who walks with a cane and held several guns to her head causing her to fall backward.
The police were acting on unverified information from a relative of the suspect.They did not have a "Search Warrant" and entered illegally expecting to find a person they had a “body warrant” for.  It was the wrong house and the suspect had nothing at all to do with the house or anyone that ever lived at that address.
I believe this was a botched up and amateurish police action.
It’s a setback to the good police/community relations we have worked so very hard to achieve in Coatesville.
The “multi-jurisdictional task force” allegedly called an ambulance for the woman.
FROM:

TUESDAY, APRIL 5, 2011

More on the Keystone Cops Swat Raid in Carver Court





A multi-jurisdictional task force of US Marshals, Pennsylvania State Police, members of Chester County District Attorney’s office and members from the Coatesville Police Department; apparently looking for a fugitive burst into a home in Carver Court in Caln Township on March 17, 2011. It was the wrong home. 

Below is a letter to officials of  Caln Township from John Robinson, Jr. of the Carver Court Association:








“Good evening everyone my name is John Robinson Jr. I reside at Foundry Street in Carver Court. First I'd like to thank Commissioner Chambers for your response to our complaint. And I would like to thank Chief Byerly for the information you've provided for our complaint. Thank you very much.

This police incursion we consider to be a grave matter of public safety in Carver Court.

I start by saying that we the members of Carver Court Association strongly encourage the actions of the police department to search out and apprehend criminals and fugitives. We have no problem with that at all. However we do not condone when the information that they gather in order to find this fugitive is in error and that they fail to verify that information. When this failure results in an endangerment to one of our citizens it’s an endangerment to the community as a whole.

Now you have my narrative that had been forwarded to you and I read a statement from that:

It must be recognized that had this event happened at any of certain other residences in Carver Court the result could have been catastrophic. Had this happened at my home and my 86 year old mother had been confronted by this crew or up the street from where we live at my 88 year old aunt’s house or two doors, three doors from where the event took place at the mother of the resident at that location I dare to say that any of them would not have survived this event.

Had I been been the one who confronted this force, my background is; I’m an Army Veteran of two tours of combat in Vietnam as a First Lieutenant Infantry Platoon Leader. I do not know what my reaction would have been had I had several weapons aimed at my head. If I were the one confronted I could probably say that I wouldn't be standing here talking to you right now.

This is a very serious matter as far as public safety is concerned, and we the citizens of Carver Court and Carver Court Association have some questions.

I’d like to defer to Mr. Dixon to pose those questions. Thank you.”

Elwood Dixon, “We would like to as community members, we would like to know what can be taken back to our citizens, to our neighbors that this cannot happen again.
And my other question is what happens when the police were doing this to you; who do you call? Because if you don't know what’s going on and nobody tells you what’s going on who do you call?
The third question I have is, I’d like to know if this was a legitimate raid and why; Can anyone answer me?
Mr. William Chambers, President of the Board of Commissioners of Caln Township, “Ok, Mr. Dixon let me back up; you're first one and Mr. Robinson…We received a second letter from you dated March 28th.
Mr. Robinson, “Yes”
Mr. Chambers, “The next to the last paragraph which is a very short paragraph says:
‘We now understand that this armed force was a multi-unit police fugitive warrant force which consisted of officers from the Pennsylvania State, the Chester County, Caln and Coatesville Police Departments.’
Caln was not was not involved at all, OK. Just to set your letter and the record straight there.
So that being said Mr. Dixon, I’m going to defer to Chief Byerly, who has informed me of what’s going on. I believe he’s had at least two telephone conversations with Mr. Robinson, so chief if you can do your best to help answer these questions.
Chief Byerly, “This was multi-jurisdictional task force and like Mr. Chambers said is made up of US Marshals, it’s made up of Pennsylvania State Police, It’s made up of members of Chester County District Attorney’s office and It’s made up of members from the Coatesville Police Department.
It was made up that way by design to cross jurisdictional boundaries at will.
Now, I'm not the person to answer why they were at 43 Foundry Street on March 17th at 6:30 am. I don't know why they were there. I have been in contact with Chief of the County Detectives and my understanding is there is a meeting set up Tuesday…”
Mr. Robinson, “Monday”
Chief Byerly, “Monday, I’ll double check on that because I wrote it down as Tuesday, with Chief Vito from the Chester County District Attorney’s Office. He’s the Chief of Detectives and he’s from the Chester County District Attorney’s office and Sergeant Vichevo who’s the leader of the task force from the Pennsylvania State Police. They should be the ones that are able to answer what led them to 43 Foundry Street any tactics that were taken. Is it a legitimate unit? Yes it is a legitimate unit. But I can’t give you some of the details that you might want. And they’re going to answer the questions that they can. And if they can’t answer your questions they can tell where you who to go to see that can.
But there’s also a boss somewhere. There’s always a governing body somewhere.
When I first referred Mr. Robinson to the Chester County District Attorney’s office to answer questions, that’s the top law enforcement officer in the County, is the DA. And if we had done something illegal or improper it would be the District Attorneys job to investigate that. If the District Attorney errs and people aren’t satisfied with him, there is always someplace else, the Attorney General’s office at the State or Federal level.
I hope you can get your answers on Tuesday that will give you an idea of why they were there. What they did. Honestly, I don't know. Yes sir.”
“I’m not on the agenda but could I just could I just interject?”
Chief, “Absolutely”
“It was my understanding that when the action takes place in another jurisdiction that the local police are supposed to be notified.
Chief Byerly, “We received a call, cell phone call, while they were in route to do this in Caln. That’s a good question because let me explain. If it was Coatesville only that’s coming across our border to serve a warrant or attempt to serve a warrant in Carver Court or anywhere in Caln Township they would have to notify us. They have to do that. But the Pennsylvania State Police already have jurisdiction. Chester County Detectives already have jurisdiction. So do the US Marshals. And that’s one of the reasons why it is put together that way.
They are under no obligation as a unit to that those individuals being part of it, to tell us that they’re coming. They do that as a matter of courtesy. If something does happen and a citizen calls department of emergency services and said something terrible is happening at any given location we are going at least we know that there’s a unit there or a police department there and there’s a problem. So we don’t just see a bunch of people running around the neighborhood with guns. We have an idea of who might be there.
Mr. Dixon, “Chief can you tell me if there was an error or not?”
Chief Byerly, “I don’t know. I honestly don’t know….Like I said, I don’t know how they came to 43 Foundry Street. Sometimes when you’re looking for people it’s kind of like a fluid motion. You might go to one place that gives you some information that leads you to another place, that leads you a third place. I don’t know. They should be able to tell you that on Monday. I’m going to double check on that. I’m sure I wrote down Tuesday.
Mr. Dixon, “So what we need to know you can’t give us.”
Chief Byerly, “I cannot, I cannot give it, but Sergeant Vichevo and Chief Vito should be able to you that information. Sergeant Vichevo who’s from Pennsylvania State Police was there. And he is the coordinator of the multi-jurisdictional police task force. So there may be some things that he cannot tell you. They'll tell you that. But he’s the man who should be able to answer your questions.
Mr. Dixon, “The other question that I have is what can we tell the people in Carver Court to feel safe again with the police? Because of this situation, what can we tell them?”
Chief Byerly, “Why don't we wait and see what happens when you have the meeting. I don’t know what to tell you because we were not involved. We were not there.  I can’t say I would have handled the situation the same way or would have handled it differently. I don’t know enough about it.
If you need us, call us we're coming and we're going to help, but you have to understand I can’t stop, nor can the Board of Commissioners stop this type of unit from operating. We just have to make sure that they operate within the guidelines that are set for them.”
Mr. Dixon, “Thank you Chief, but we will not stop here. We’ve got to find out some answers.”
Chief, Byerly, “I think Monday’s were you're going to get all your answers, all your questions may be answered on Monday. But if not they're going to tell you what the next place to go if you need to. They will give you that information. I've already talked to Chief Vito. He said, ‘Look if they’re not happy with what we're telling them we will tell them who they need to talk to.”
Commissioner Rose, “If you don't get the answers, please report back to us and let us know because we…Not that we necessarily have the jurisdiction or anything on this but you know there are public officials out there, state representatives, state senators and those kinds of folks you can reach out to as well. And if you need assistance in setting up meetings with them, I'm sure anyone of us up here would be more than happy to assist you in getting your questions answered. Whether you’re going to hear what you want or not, I don't know. As the Chief said, we don't know what brought them there. We don't know what evidence they had…But we're as interested in getting some answers.”
Mr. Dixon, “Thank you very much.”
Mr. Chambers, “Mr. Dixon and Mr. Robinson, “After the conversation with the Chief it’s like well jeepers, we're just going to regurgitate ‘we don’t know’.  But to let you know what kind chief we have, the first time this unit came in, they came in unannounced and Chief Byerly got on the phone and rattled some cages. And that’s why he got at the very least a call when they were in route. So he knew, because as we had discussed things could go from bad to worse in a real short time. So he’s looking out for us. And yes you do have higher courts of appeal. So please go for it. And I’m glad the Chief has talked to Mr. Robinson to facilitate this meeting. Thank you very much.


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