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Man sues East Cleveland over police shooting city called ‘improper’

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Man sues East Cleveland over police shooting city called ‘improper’


CLEVELAND, Ohio (WOIO) – The city of East Cleveland is asking a federal judge to dismiss a lawsuit filed by a man who was shot by one of its police officers in 2022.

Body camera footage of the incident shows Robert Banks Jr., 44, of East Cleveland, was unarmed and complying with the officer’s commands to put his hands up in the air when a bullet struck his left leg.

Banks is seeking significant financial damages from the city for the shooting, citing violations of his civil rights, emotional distress, assault, and negligence.

East Cleveland wants the lawsuit tossed out, arguing in a motion filed on May 18 that “police officers have qualified immunity.”

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While the city admitted in its response that “Officer Andrew Majercik’s gun went off and a bullet grazed Mr. Banks’ left leg,” East Cleveland law director Willa Hemmons states the allegations made by Banks “are insufficient to defeat the grant of immunity provided a political subdivision and its employees.”

According to court records, the city has until 10 a.m. on May 29 to turn over copies of any video footage of Banks’ arrest, including police body camera footage, to his attorney.

The Shooting

19 Investigates obtained a copy of body camera footage from Banks’ arrest on March 18, 2022.

Around 6 a.m., officers were called to the back gate of an apartment complex located on Taylor Road for a report of a vehicle playing loud music.

Records from East Cleveland police state officers checked the vehicle’s registration when they arrived on scene and discovered the vehicle was stolen, prompting officers to “take tactical positions behind the drivers door of their police units.”

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“Patrolman [sic] then begin to give audible commands from their police unit for the male to keep his hands up and slowly step out of the vehicle,” one investigator later wrote in a report.

But no officer ever actually used to the word “slowly” when ordering Banks to exit the car.

An officer tried to used a loudspeaker to communicated with Banks, but the officer said it was not working properly and shouts at the car instead.

“Driver of the black Hyundai, step out of the vehicle and put your hands up!”

Seven seconds pass, and the officer shouts again.

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“Driver of the black Hyundai, step out with your hands up!”

Three seconds later, an officer says, “He’s twitching,” and then Banks is once more ordered to get out of the car.

“Driver of the black Hyundai, step out with your hands up!”

After the third command, a red break light on the car quickly flashes and then a door starts to open.

In less than two seconds, Banks puts both feet on the ground and stands up with his hands raised, just as an officer says, “Put your hands up!”

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At that same moment, records show Officer Andrew Majercik fired his Glock 19 pistol.

Banks, with his hands still up in the air, began shouting, “Hey! Hey! I ain’t did nothing!”

Video shows the officer order Banks to turn around, walk backwards, and then drop to his knees, which Banks does while still keeping his hands raised.

“Oh my God, no. You shot me, man!” Banks said, kneeling on the ground as an officer handcuffed him.

Records show a bullet had grazed Banks, “striking him in the left leg at his calf muscle,” according to the lawsuit.

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Initially, officers were confused about where the shot that hit Banks had come from.

“While waiting for the [EMS] squad Ptl. Majercik advised he had discharged his firearm,” one officer wrote in his report.

“East Cleveland Headquarters was advised shots had been fired, at first it was unknown where those shots came from,” another investigator noted. “After further body cam review it was learned that it was Patrolman Majercik that discharged his weapon.”

The Ohio Bureau of Criminal Investigation was called to the scene and conducted an independent review of the shooting.

After the completion of BCI’s investigation, the agency told 19 Investigates the findings were referred to East Cleveland city prosecutors on July 1, 2022.

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While BCI investigates officer-involved shootings, the agency does not make a determination on whether or not a shooting was justified, or if an officer should be criminally charged or face internal discipline. Those determinations are made by city and county prosecutors, or the officer’s department.

The Cuyahoga County Prosecutor’s Office confirmed to 19 Investigates on Friday that East Cleveland never asked them to review the shooting for potential charges against the officer.

East Cleveland’s assistant law director, Heather McCollough, sent an email to the city’s then-police chief on July 6, 2022, after getting BCI’s report.

“It is clear that the shooting was improper,” she wrote. “However, only one shot was fired and due to the superficial nature of the wound, and the fact that the bullet only penetrated the car and not Banks, I believe that it would appropriate to handle this matter with internal discipline, and a civil case should Banks choose to file one.”

19 Investigates asked East Cleveland’s police and law departments if Majercik ever faced internal discipline.

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“It appeared that the shooting was accidental and the matter could be dealt with internally,” McCollough wrote in an email to 19 Investigates on Friday. “However, it appears that the former Chief Gardner did not refer it for IA investigation.”

Scott Gardner, who is now off the police force, is currently facing criminal charges for financial crimes.

He is one of 18 current or former East Cleveland police officers indicted within the last year on charges related to public corruption and civil rights violations.

19 Investigates discovered the names of several of those officers in the investigative files related to the shooting of Robert Banks, including:

  • Kyle Wood, listed as the supervisor who approved the investigative report
  • Ian McInnis, listed on the call summary report
  • Tre Dehart-Robinson, conducted area canvas following the shooting
  • Brian Stoll, responded to the initial call, was present for the shooting
  • Larry McDonald, took Majercik’s gun and body camera after the shooting, took photographs of the crime scene
  • Daniel Toomer, listed as the booking officer following Banks arrest for a separate incident from Jan. 31, 2022

No officers have been charged in connection with the shooting of Robert Banks.

After Banks was released from the hospital following the shooting, he was arrested for receiving stolen property and taken to the East Cleveland Jail.

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According to police records, he told officers he was unaware that the black Hyundai was stolen, and that he was intoxicated and “high on crack cocaine” at the time of his arrest.

Court records show he pleaded guilty to attempted receiving property in May 2022 and was sentenced to serve nine months at the Lorain Correctional Institution.



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Cleveland, OH

The 2016 NBA Christmas Day classic between the Cleveland Cavaliers and Golden State Warriors revisited | CNN

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The 2016 NBA Christmas Day classic between the Cleveland Cavaliers and Golden State Warriors revisited | CNN




CNN
 — 

Cheering on your favorite NBA team or watching the very biggest stars of the basketball world is a welcome present for many on Christmas Day and this year will be no different.

One of the marquee matchups on December 25 sees Steph Curry and the Golden State Warriors square off against LeBron James and the Los Angeles Lakers at 8 p.m. ET

But while James, Curry and Draymond Green are reaching the twilights of their respective careers, fans will instantly be taken back to their golden years and the trio starring in what is widely seen as the best Christmas Day game of all time.

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We head back to Christmas Day 2016.

The world was doing the mannequin challenge with “Black Beatles” by Rae Sremmurd sitting atop the Billboard Hot 100, Lamar Jackson had just won the Heisman Trophy and Ryan Gosling and Emma Stone were breaking hearts with “La La Land.”

But the biggest blockbuster of all came at the Rocket Mortgage FieldHouse in Cleveland, Ohio, and the Christmas Day matchup between the Warriors and the Cavaliers.

The franchises were solidified as two of the best across the NBA and, just months prior, the teams had battled for the Larry O’Brien Trophy over seven games in the 2016 Finals.

The Cavs had come from 3-1 down to complete a historic 4-3 series win and viewers were expecting another hotly contested matchup in the primetime Christmas Day slot – and they weren’t disappointed.

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After the Finals loss, the Warriors responded by picking up 2014 NBA MVP Kevin Durant to go alongside an already loaded roster which featured Curry, Green and Klay Thompson.

This was Durant’s first game against James and Co. for the Warriors and fans were eager to see how the newly formed Golden State squad would match up against Cleveland in what would eventually be the Finals matchup come the end of the season.

How would LeBron, Kevin Love and Kyrie Irving respond to the Warriors’ latest move?

Right from tip-off, the game lived up to its blockbuster billing.

Durant wasted no time in showing up in front of the Cavs and kickstarted the matchup with the first points of the game. The rangy forward deflected the ball from James before marching down the court and laying the ball in for an easy two.

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As both teams went back and forth, the now 14-time All-Star and current Phoenix Suns star went on to score another 10 points in the first quarter to give the Warriors a 27-25 lead after the opening 12 minutes.

The second quarter followed a similar pattern as the teams traded buckets, neither allowing the other to grab any significant advantage.

The “Splash Brothers” – Curry and Thompson – began to find their range from deep but a joint effort from the Cavs’ big three of James, Love and Irving kept the game close.

With the Warriors leading 55-52 at the interval, it was all to play for heading into the second half.

Coming out of the break, Golden State picked up from where it left off. Durant continued to spearhead the Warriors offense with Thompson providing deep-range support, nailing multiple threes.

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But as he did throughout the 2016 Finals, James put his team on his back and dragged the Cavs to within striking distance.

The NBA’s all-time leading scorer racked up 16 points in the third quarter alone, making four three-pointers in his efforts to keep the game close.

Despite James’ best attempts, the Warriors had extended their lead and were seven points clear going into the fourth quarter. The Cavaliers needed something close to a Christmas Day miracle to overturn the deficit.

CLEVELAND, OH - DECEMBER 25: Tristan Thompson #13 sets a pick as Kyrie Irving #2 of the Cleveland Cavaliers drives around Klay Thompson #11 of the Golden State Warriors during the second half at Quicken Loans Arena on December 25, 2016 in Cleveland, Ohio. The Cavaliers defeated the Warriors 109-108. NOTE TO USER: User expressly acknowledges and agrees that, by downloading and/or using this photograph, user is consenting to the terms and conditions of the Getty Images License Agreement. Mandatory copyright notice. (Photo by Jason Miller/Getty Images)

Golden State fans and players were well aware of Cleveland’s ability to produce heroic comebacks and the Cavaliers began their charge in the fourth.

Scoring had suddenly become harder for the Warriors and memories of the NBA Finals would have started to run through the Golden State squad’s minds.

The Cavaliers had upped their intensity and, in front of a boisterous home crowd, had seemingly turned the game on its head.

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Led by Irving’s masterful fourth quarter, Cleveland managed to reduce the deficit and the score was knotted up at 103-103 with just two minutes to play.

With the game tied, Irving, James and Curry all scored crucial buckets but were still left facing a 108-107 Warriors lead with mere seconds left.

Trailing by one, Irving took matters into his own hands. The guard went at Thompson, spinning before deftly finishing with a fadeaway to give the Cavaliers the 109-108 lead and what would be the win.

“The kid is special,” James said of Irving after the game, per the Associated Press. “It was never in doubt.”

Irving scored 25 points to go alongside 10 assists, seven steals and six rebounds – with just two turnovers in 44 minutes on the floor – in an incredible display of clutch basketball. James led the Cavaliers with a 31-point, 13-rebound double-double while fellow star Kevin Love added 20 points, including three triples.

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The man from Akron, Ohio, was aware of the fans’ expectations coming into the game and didn’t disappoint.

“It lived up to what everyone wanted it to,” he added.

Durant led the game in scoring with 36 points along with 15 rebounds, but it ultimately wasn’t enough. But while the Warriors fell short in this one, they did go on to enact revenge on the Cavaliers to win the 2017 NBA Finals with Durant being named Finals MVP.

Fans will be hoping that any of the four games on this year’s Christmas Day schedule come close to the holiday season classic of 2016.

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Cleveland, OH

Ohio Weather Alert: Air Quality Advisory Issued for Cleveland and Surrounding Counties Today

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Ohio Weather Alert: Air Quality Advisory Issued for Cleveland and Surrounding Counties Today


Air quality alert


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Cleveland, OH – Residents in Northeast Ohio face an Air Quality Advisory today as ground-level fine particle pollution reaches unhealthy levels for sensitive groups. Officials urge those with respiratory issues, children, and the elderly to limit outdoor activities.

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According to the Northeast Ohio Areawide Coordinating Agency (NOACA), the advisory began at midnight and will remain in effect through midnight tonight. Local air quality monitors predict that weather patterns will cause pollutants to linger, impacting areas like Cleveland, Akron, and Mentor. Residents can monitor real-time air quality updates at airnow.gov and sign up for text alerts at enviroflash.info.

To help mitigate pollution, NOACA encourages simple actions such as carpooling, avoiding engine idling, and postponing outdoor chores like mowing until air quality improves. Commuters are advised to use public transportation or consolidate trips where possible to limit emissions.

Looking ahead, Northeast Ohio’s forecast features mild but wet conditions heading into the weekend. Friday brings a 50% chance of afternoon showers with highs near 48°F. Rain is likely Saturday and Sunday, with highs reaching the low 50s. Gusty winds up to 20 mph may impact visibility for drivers.

Stay updated on changing conditions and travel plans by checking local weather alerts and preparing for rain-heavy travel periods through Sunday.

Be sure to follow us on Instagram & like us on Facebook to stay up-to-date on more relevant news stories and SUPPORT LOCAL INDEPENDENT NEWS!

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Cleveland native remembers playing “mean elf” in a Christmas classic

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Cleveland native remembers playing “mean elf” in a Christmas classic


CLEVELAND — Not many movies stand the test of time, but “A Christmas Story” is a genuine classic. 


What You Need To Know

  • One northeast Ohio native had a small but memorable part in “A Christmas Story”
  • The 1983 film only lasted a month in the box office
  • Drew Hocevar may be remembered for playing the “mean elf” in the film, but he’s anything but

The 1983 film only lasted a month in the box office but has since become a cult classic, drawing fans to the Cleveland home where it was shot all year long. One northeast Ohio native had a small but memorable part in the film and made lifelong friendships.

Drew Hocevar may be remembered for playing the “mean elf” in the film, but he’s anything but.

Known as the “male elf” in the credits, it’s the only acting role Hocevar has ever auditioned for. He was working at Higbees department store when he got the part.

“They just called me, and I got the elf part!” he said.

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He said it was just something fun to do. Being a teacher is what really paid the bills. Hocevar is a former special education teacher and now volunteers as a mechanic working on the merry-go-round at the Western Reserve Historical Society.

Some of the artifacts he saved from the movie are on display at the museum.

“I snagged my hat and ran,” he said.

He said the rest of the costume was thrown away.

Hocevar’s cast-signed poster and bb-gun are on display at the museum

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The museum has a few other special “A Christmas Story” displays, including Lego sculptures depicting memorable scenes from the movie including Hocevar’s scene of him pushing kids down a slide on a fake snow-topped mountain.

Over 40 years later he remains friends with some of the cast including his elf counterpart and recently had lunch with her.

The movie plays numerous times throughout the holiday season, but Hocevar said he tends not to watch. His friends, however, have a special name for Christmas Day.

“24 hours of Drew!” he said.



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