Minutes 11/13/1979 - Laserfiche WebLink

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3'24 November t3~ 1979 What time of day on October 29th was the alledged suspicious act discovered by the Police Officers? 2. When was the decision made to stop the suspect on a main thoroughfare? 3. Had all other reasonable P¢lice Practices been exhausted before the procedure used was commenced. 4. Why wasn't the suspect questioned at his home? 5. Why wasn't the suspect apprehended at some other point other than the school zone? 6. What facts led the police to conclude that Donna Lynn Poster was the victim of a kidnapping? 7. Why was the hostage's life placed in jeopardy? 8. Did the police officers know the name of the intended victim; Smith, was suppose to have been traveling to Cavalier Manet to kill? 9. Did the police officers ever call Smith's alleged victim to alert him Of the pend-ing danger a~d what protection was offered him? 10. Was Donna Lynn ~oster ever considered a suspect in the criminal activity being investigated? 11. Have any of the officers involved in this incident ever been involved in other events which have led to the discharge of their firearm while in the line of duty? 12. Were any persons injured and/or did fatalities occur ~n thosa other incidents? 13. Have any disciplinary actions ever been taken against those individuals? 14. Have any of those same officers ever been required to go through special training? 15. How many shots were fired by Smith andLby each Police Officer? 16. Were there any fingerprints found on the 38 caliber Smith allegedly had in his possession? Accordingly we here by call for an immediate impaneling by the Portsmouth City Council of a Citizens ~eview Commission to prepare a response to these questions. ~e further call for a Grand jury investigation of this matter by the Commonwealth Attorney's Office." The fol~owing letter from James A. Cales,. Jr.,Commonwealth'~?i~Attn~ney, was submitted: "I am informed by way of the news media that you are requesting a Spscial Grand Jury to investigate the shooting involving several Portsmouth police officers and the late ~illiam Smith. At this point in time, I have not yet received a police report in this matter nor have I received any information from you in support of your request. F~r Mour information and for the information of the membership of the NAACP, it is the policy of this office to Fresent an indictment in every homicide committed by a police officer to a regular Grand Jury. As you know, the regular Grand Jury has not only the authority to indict or to find that there is no probable cause for indictment; but also, has the specific statutory mandate to report to the court any condition which tends to. promote criminal activ- ity in the community or which indicates misfeasan6e in government. When such a regular Grand Jury makes a report of this nature to the court, the court can call a Special Grand Jury. With this in mind, I would appreciate your providing me with the names of any witnesses or any evidence that can be presented to the next regular Grand Jury so that they will have the o~- portunity for a full hearing on the matter with which you are concerned. If you have any questions or if you feel that our proceeding under Sections 19.2-191 and 19.2-20~ of the Code is not an adequate safeguard in this particular case, please contact me. Again I would appreciate your providing me with any supportive information that you may have." (Letter addressed to ~r. S. DeLacy Stith, Attorney at Law, 446 Green Street, Portsmout Virginia) Motion of Mr. Early and seconded by Mr. City 5~anager and that he meet with Mr. Stith, and was adopted by unanimous vote. Beamer, that the matter to be referred to the the Commonwealth"s Attorney and the City Attorne 79-425 The following letter received from Radm. Ross Bullard, USCG, ~Ret.), Chairman of Museum and Fine Arts Commission was presented: "The Portsmouth Museum and Fine Arts Commission respectfully requests the City Council take action on the r~novation of the Colony Theater at 430 High Street for a performing arts facility for the City of Portsmouth, either through the approprmation of the funds for out- right purchase and further renovation of the facility~ or through authorization to enter into a long-term lease agreement with the owners and appropriation of the funds necessary to re- novate the building. Countless man-hours have been into the revitalization of this theater in the past two years. In addition, we have received money from a special project CETA Grant, and a Virginia Commission of Arts and Humanities Grant has been expended for the restoration of this project. A theater manager has been hired to contract bookings and oversee the operation of the facil- ity. Performances scheduled for this facility have had to be held at other locations less suited, however, due to the fact the Theater has failed to'meet the basic requirements of the city.electrical and public safety codes. Several private foundations and government agencies have expressed a real interest in the Colony and in the possibility of funding part of the renovations, but until the city can obtain the long-term rights to the building these sources can not commit any funds.