We shouldn't lose track of the fact that a lot of people in this town walk in the streets and even jaywalk without so much as a warning. It wasn't like Mr Jackson was walking down a major thoroughfare or was endangering himself or anyone else on that street at that hour.

Would the officer have done that on Virginia Street or N 26th Street?

Sounds like he was hassling a businessman going to his place of business. Will the Chamber of Commerce get behind this businessman just trying to do his business in a part of town where only two businesses exist? I can't say for
sure if this is racial, but there definitely a difference in enforcement based on neighborhood.

In some other neighborhoods, police give warnings; accept explanations instead of writing the ticket.

Now, that is a separate issue from the Mayor's attempt to get a pre-trial conference for a constituent. Mr. Jackson should not have to spend his money to hire a lawyer. The muni court prosecutor should drop the case w/o trial. The council should rewrite the ordinance.

As to the Mayor resigning, I hope he doesn't. Resigning now would allow the council to fill another seat with another supporter of the city manager. As a matter of fact, I agree with the Mayor's bottom up approach--President Kennedy believed that he got better info by calling directly the person who actually knew what was going on in a department rather than someone like the city manager who filters everything the council hears.

I disagree with you peoplerule. The proper course of action for Mr. Jackson would be to go to court and if he feels he is not guilty then enter the appropriate plea. The council should not rewrite the ordinance as it mirrors the state statute (see both below)

St. Joseph City Ordinance:

Sec. 28-892. Walking along roadway.

(a) Where sidewalks are provided, it shall be
unlawful for any pedestrian to walk along and
upon an adjacent roadway.

(b) Where sidewalks are not provided, any
pedestrian walking along and upon a roadway
shall, when practicable, walk only on the left side
of the roadway or its shoulder, facing traffic which
may approach from the opposite direction.
(Code 1969, § 21-368(a), (b))
State law reference(s)--Similar provisions, RSMo
300.405.

Missouri State Statute:

Pedestrians walking along roadways.

300.405. 1. Where sidewalks are provided it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway.

2. Where sidewalks are not provided any pedestrian walking along and upon a highway shall when practicable walk only on the left side of the roadway or its shoulder facing traffic which may approach from the opposite direction.

I think the ticket should stand and Kenny should resign or get the boot.

The law is there for a reason, busy street or not. What would have happened if a car had been coming and didn’t see him and hit him? I work with a guy that is white that got the same ticket for not walking on the sidewalk; you don’t read anything about him trying to get out of the ticket. The mayor should keep his nose out of police business and should not of called the prosecutor. I also have black friends and it is a shame to see one-person claim racism over one ticket pay the dang thing. And no I would most definitely vote for the mayor if the city managers job were a voted on position. You act like you are 10 years old. My kids act better than that and know not to disrespect other adults or curse at them when they don’t get their way. You owe the prosecutor a big apology for cursing at her and sticking your nose where it doesn’t belong once again.

Come on our police force I know has better things to do then give a person a ticket for walking in the street.I know we have a suspect running the streets of St Joseph from the shooting at Walmart last Friday evening do we not.I have gotten speeding tickets before and have went and talked to the city prosecutor before and got it reduced to driving with defective equiptment for I did not get any points on my licence.So not being able to talk to her is just plain BS.This petty and we have bigger issues in this town(Good paying Jbs, Our School,and shooting suspects running lose).Our current city manager has been here to long and he needs to go as well he has become to confortable in his job and it is time for him to move on.I do not think we need this form of goverment anyway. Mayor,council is what we should have.These are my opinions and personal beliefs.

I’ve been working out-country for months. I’m back for less than a week and already Mayor Kenny is providing fodder for the laugh-track of my life. The more I travel, the more I love this town!

On one hand, I can feel Mayor Kenny’s frustration. How far, as a society, have we fallen when a duly elected small town Midwestern mayor can’t get a ticket fixed for a friend? On the other hand, this episode points out, pretty clearly, what a bumbling incompetent individual we have as mayor. His Boobness the Mayor can’t even get a ticket fixed for goodness sake! How in the world can we trust him to get real business done??

In a way, at this point, I feel hesitant bagging on the mayor. Shooting fish in a barrel was never my style. Has Kenny officially announced his intention to run as an at-large councilmember yet?

I'm just glad someone is here, posting away with gusto, to point out that maruading hordes of black people are rampaging in the streets at 5am doing whatever they want. Or is it rampaging hordes of black people marauding? Then they have the audacity to accuse stalwarts who post here of racism. No wonder the very foundations of our fine community are crumbling and each day we more resemble Harlem or Bogata or Moscow or one of them thar places.

Personally (and as a non-black person) I walk down the middle of the street at 4am instead of 5am because I know Officer Friendly is napping at that time. To allow him uninterrupted slumber is the least I can do to help law enforcement.

A ticket for walking in the street? Ridiculous. How about ticketing those that drive around late at night with their music up so loud it rattles the windows in my house? How about doing something about people who take their domestic disputes out in the street at all hours (shouldn't they get a ticket for jaywalking instead of simply being told to go back inside by the police?)? How about the police looking out for people selling drugs in parking lots at businesses in St. Joe? How about ticketing people driving around with no license plates or temporary tags on their cars (an indicator of illegal activity)?

It is truly unfortunate that hizzoner continues to demonstrate that he possesses neither the most fundamental grasp of our form of government nor basic courtesy and civility. The story mentioned how the Charter prohibits council interfering with the city staff. Consequently, he was wrong contacting the prosecutor. Swearing at the prosecutor was entirely inappropriate and inexcusable.

This is yet another example of hizzoner trying to bully his way with the staff. The city manager is correct to call him on it.

In classic Shearin fashion, he tries to minimize and/or deflect his culpabillity--rather than accepting the fact he was wrong. St. Joseph deserves better than this buffoon.

Just a question, who does the city prosecutor talk to about individuals tickets? She didn't tell him it was against the law to speak to him just that it is HER policy not to talk to people about their individual tickets.
Did she offer him a solution to his problem or just throw up her hands "Sorry can't help you, against policy, see you in court"
Also what would you as mayor say to a member of your community who has concerns about our police and racial profiling.
I think all people involved need to grow up and quit wasting time, if you know how to help someone, why not do it?

The office could have given a warning ticket.
If the police want to give out more tickets to people walking in the streets they can get 2 or 3 a day on Ashland Avenue. At 5:30 am this morning they could have ticketed 3 people.

I can't believe ANYONE would criticize our police officers for enforcing the law. No....they're not out there LOOKING for people walking in the street, any more than they're out there looking for cracked tail lights or bald tires. However, when they observe a violation, they're DUTY BOUND to do something about it. I'd even go further....Mr. Jackson, by violating the law in such a trivial manner, tied up an officer from taking care of, perhaps, more pressing business.
I'd also point out that, once again, someone (in this case, Mr. Jackson) refuses to take personal responsibility for their own actions, and attempts to shift the blame for the situation to the police, pulling the race card. How shameful! Mr. Jackson, be a man, and accept that you were in the wrong, and go to court. Plead your case, and accept the judge's decision. Stop blaming everything wrong in your life on race.
Now...on to the mayor.....
I just said that Mr. Jackson should accept the results of his actions. That goes DOUBLE for Mr. Shearin. If the law prohibits him from interfering in such civil matters with whatever influence he might possess, I'd have to side with the City Manager and call for him to resign. I'm not totally sure that's the proper recourse, but if that's the way the city charter is written, then Mr. Shearin needs to accept responsibility for HIS actions, and stop trying to shift blame to the City Manager, and not try to cite personal bias.
Both Mr. Jackson and Mr. Shearin were in the wrong. Both should be man enough to accept their own personal responsibility for their own actions. I, for one, would find it refreshing to see someone do that, for a change!!

This is BS on the city prosecutors part. It is a known fact in this town that you can call the city prosecutor about a reduction in a ticket. Her refusal to talk with the gentlemen was probably bad timing on his part or she must of been having a really bad hair day.

Then she went crying to the city manager. BS BS

Even the ticket is not right. Was this by chance on a full moon.

Go Mayor Kenny! At least he tried to help in a bad situation.

I love the fact that Ms. Spencer can't be bullied. It is funny that he could'nt bully the lil lady like he is so used to doing. She is a great prosector and has been since she took over for Judge Boeh. And hasn't the Mayor heard you get more bees with honey than with vinegar...lol You don't call asking for a favor and then cuss at the person your asking the favor of. And if the defendent would have just done what every other citizen does and go to court and talk to Rebecca and Judge Boeh the whole thing probably would have been dismissed but instead he starts screaming racism. Quit with the race card and abide the laws. And that area after dark is patrolled heavily because it is needed. There are people walking all over the streets and you have to be very careful not to hit them and they won't move over you have to move into the center of the street to avoid hitting them.

How many people in St Joseph know an ordinance exists prohibiting walking in the street when a sidewalk exists? I've seen many parents standing alongside the drivers side window of cars, chatting with friends prior to school dismissal in the afternoon. I've seen building contractors stop in the middle of the street to speak with an employee at job sites. Are they ticketed? Shouldn't those people be standing on the sidewalk having their conversations?
Mr. Jackson should have received a warning, Mr Shearin should not have become involved, Ms. Spencer should have kept a cooler head and not called Mr Capell and Mr Capell should have simply issued a statement of " no comment ".

My mother taught me to walk in the street at night. She said it was safer, less places for someone to jump out and drag you behind a building. I doubt she knew it was illegal.

I'm not sure when Mrs. Spencer started her, "policy" but I've had a handful of conferences with her as a defendant. Just show up a little early to court, ask to speak with her and that's that.

In any case - this looks just like another I know of. A young woman in St. Joseph received a ticket for exceeding the posted speed limit by 3MPH. Three, 3, III - yep, THREE miles over.

It's all about revenue generation and I held Mr. Conally's feet to the fire during a recent Q&A with him. He specifically stated that there would be no changes in policy and no specific attempts at revenue generation on top of existing policy.

Sure looks like a revenue generator out there. The police better knock it off and knock it off quick or the people will turn on them too.

A little over 100 cops can't do squat when 80,000 refuse to listen to them - police reading these comments, pay special attention to that.

I understand this man was breaking the law but I do think someone should look at whether this is the officer's norm mo, ticketing for petty items instead of bigger things. This man's walking in the street isn't bothering anyone but the drivers with their music so loud it shakes my house and every other house in the vicinity is bothering lots of us. Ticket them no matter what color they are for pete's sake. As for the dueling ding dongs...Shearin and Cappell both need to go.

who was this officer? i want to know.

i completely back the police DEPARTMENT. that does not mean that individual officers do not use questionable judgement from time to time. this is one of those times.

i have also been a harsh critic of shearin. i gave him plenty of latitude for too long. the man steps over the line far too often. in this case, i do believe that he was acting appropriately in making a call, and that call was not a demand to "fix" the ticket.....but as usual he made a common sense call into a hoorahrah. shearin, what a joke, but not a funny one.

sadly, this discussion turns too quickly to the feud between two city officials. lost in that discussion is a very nice man, who was reportedly only wandering along the road in dawn on the way to fire up his smoker for a day of work at the blues festival. this is not a downtown businessman, but a man who was working as a concessionaire for the festival. it appears that the officer involved made a very bad call and that this should be investigated. i would like to know about this officer's arrest history.

strong arm policy in st joseph? naw. that wouldn't happen, would it?

dale, your comment is atrocious. you should have that one pulled. that is one for weston's disappointing recent editorial and you are the kind of conservative he was speaking of. this is why i do not call my self republican any more.

shame on you for being a shining example of everything i chided weston for calling out.

topshape we must cross pathes in the am. i drive ashland every day about 5;30AM there is not one day where a policeman couldn't cite at least two or three peploe. on my street in north end everyone walks in the street,i have never seen a ticket given.

i'am not faulting the officer for doing his job,but,i do have to question why at this time and why not a warning.

as for the mayor,he was just intervening for someone in the community. good to know that someone in city hall takes the time to try and get an answer.

The Police in this town have their priorities all messed up. Seems like they do what they want when they want. I've called the police various times downtown only to have them show up two hours later or never at all. This incident would have went better with a warning. I can see how someone would think some racial profiling is going on. As far as these two city officials arguing back and forth, fire the City Manager and elect someone else in next Mayors election. Simple. Bye good ol boys!

heritage:

You’ve stated numerous times that you are a social liberal.

I wouldn’t expect you to agree with me.

I am a conservative, but not a Republican. If I had to make a choice on a party though…

I could not agree more with The citizen good bye good ol boys!the both of you.

I am going to give the mayor the benefit of the doubt here. He called to ask why the prosecutor woudn't talk with the man. A heated exchange takes two people.
Let's hope the judge as more common sense then all involved in this situation.

I think it had more to do with the street he was walking down and the time of day. The police probably thought they "had something". When they found out it was just an ordinary man trying to get to work, they became angry and HAD to give him a ticket just to get even. I don't understand alot of the tickets the police hand out in this town. But then the economy is bad and tickets are a revenue maker. The man should have contacted the police chief, although that probably would have been in vain. Mayor Sherin should have never becomed involved just because he gets to "out of control". He needs to learn how to keep a cooler head, however, I would imagine the police are very fustrating to work with. I do think the police in this town do need to be "policed" a little more. I was at an estate sale this summer and the police were writing tickets right and left at the sale even though none of the cars were blocking a driveway. Just a bunch of little old people trying to look at other little old people's stuff. Not harden criminals!

Why can't the city prosectuor talk to an individual about a ticket? She is not a judge who has to remain impartial and only hear testimony in court. I find it ironic that in most cities you can't get a ticket settled out of court without hiring an attorney. Its the good old boy system, plain and simple. Last time I checked individuals had the right -and most exercise it in Municipal court- to represent themselves.

Further, arresting a guy for jaywalking at 5am in the morning on a minor throughfare. You've got to be kidding me? Who was the officer -Barney Fife?

I was at almost all of the Mustangs games this year. Mr. Cappell and his wife attended a grand total of ONE. He sat down near the field, wore khaki slacks and a polo shirt, had a smug look on his face, and spoke to NO ONE. I am not a big fan of the Mayor -in fact I find him abrasive most of the time- however, I think Vince Cappell has worn out his welcome in this town. He is not a people person and should not have a job where he has to interact with the public or other personnel.

correction on my concessionaire comment. i completely missed the location ..... and the fact that this man was walking to his usual business location.

this is even more reason to me for investigating the circumstances behind the ticket.

chief connally recommended that mr. jackson speak to ms. spencer. it seems odd that chief connally ( who i have had many excellent conversations with and respect immensely) would suggest that conversation if that were not the appropriate channel.

good question in an earlier comment. is the choice not to speak about tickets a Personal policy or City policy? is there duality here?

No one knows what was said between the officer and Mr Jackson. Did the officer just inform him he was in violation of the law and for his own safety, he should be on the sidewalk? Did Mr Jackson get cocky with the officer? The officer and Mr Jackson are the only ones who can answer these questions. I see many ( black and white ) walking in the streets just defying anyone to challenge them. If you say something to them as you pass by, they just give you a cocky response.

I'd be interested in if Ms. Spencer refused to discuss the caase AT ALL prior to the trial, or if she was telling Mr. Jackson....and the Mayor....that she has a policy of not discussing the case UNTIL the trial. I know, from experience, that she's refused to discuss traffic tickets with ME prior to my court date, but WOULD discuss them before I saw the judge. Sounds fine to me....seems it might be terrifically intrusive in her daily schedule to see people or spend time on the phone with people about cases that are days, weeks or even months away.

What I don't understand is why the officer couldn't have just told the man that it is illegal to walk in the street and direct him to the sidewalk. If the man refused then ticket him. A little common courtesy goes a long way even if you are the police. As for the rest of the people involved...rules are set up for just this reason there is always a chain of command and people should follow the chain so small situations don't get blown out of proportion.

Pops, your comment " However, when they observe a violation, they're DUTY BOUND to do something about it." is incorrect. Police have at their disposal a thing called discretion when it relates to misdemeanor violations. They can choose to act and give a ticket, a warning, or do nothing. I have been pulled over before and given a warning when I probably should have received a ticket. Now, if the police witness a felony, such as robbery or assault, they are required to act upon it. It sounds to me like this officer had nothing better to do at this time of the morning. I cannot say that it is race related, because I can't get into the mind of the officer, but the decisions that the police make are done so based on a variety of factors such as the officers background (personal experiences), suspects characteristics (race maybe), community interest, and the officer's personal view of the law (if he thinks its a serious-enough violation to give a ticket). I do agree that it was up to the officer on how to handle the incident, but I also agree that it is pretty petty. There's too much of a fine line there. Oh, and by the way, I am white.

crashdive. do you KNOW this man? he has been involved in helping to clean up midtown, everyone there knows him. he is one of the white hats, darn it.

your comment is hideous. what the heck is WRONG with people?

SUGGEST REMOVAL.

The city was much better off with Nix as judge and Boeh as the prosecutor.

Here's a thought: I bet there is more to the story than what we have heard. Alot of you are basing your opinion that Mr. Jackson has given a completely thorough accounting of the events that led up to the ticket.

Here's a mayor that makes Shearin look GOOD! http://www.wsfa.com/Global/story.asp?S=10847060

Rebecca Spencer is fair, open minded and more than willing to give defendants the benefit of doubt. Perhaps there is more to that part of the story as well. You people are assuming that the NP is accurately reporting ALL of the facts in this case.

Unbelieveable. The entire city government, every last one of them, have their heads up their collective rectums. A dictator of a City Manager, a mayor who thinks problems should go to city employees, not the supervisory chain, and a police department issuing silly tickets in a target-rich environment for warrants, unlicensed cars and suspended drivers.

Of course the idocy starts somewhere, and that's with the voters of this filthy little burgh.

Doesn't it bother anyone that the police are the automatically the scapegoats when they stop people for blatantly breaking the law, i.e. suspended licenses, unlicensed cars, etc? Mr. Jackson WAS breaking the law....no question, and all he can say is that he was "racially profiled". Unbelievable!! Take some responsibility for your own actions, people!! Either obey the law or pay the penalty!!

I am so freaking tired of people using the "racial" card in St Joe!!!!

Do the crime, do the time!!

As someone who lives downtown and walks in downtown and mid-twon every night, let me just say that even when a sidewalk is available, it is not always "walkable." Too many sidewalks to count are covered by debris, tree limbs left over from winter storms, leaves and grass and are full of cracks and uneven bricks and pavement. Try walking Francis Street from about 20th to 16th! The house with the walled garden has an atrocious sidewalk that looks like no one has cleaned up since the ice storm two years ago! And the house directly across from it is almost as bad, though lately someone has been trying to clean that one up a little.

A sidewalk--and the house to which it belongs--bears with it an inherent obligation to keep it clean and walkable. The police--and the city--should go back to sidewalk patrol and giving tickets for creating hazardous conditions. Maybe this time, they could be a little more helpful in offering the resources to help a homeowner fix their sidewalks.

I understand why people go all the way out to Ashland to walk. And I understand why people walk in the streets. This town is kind of a mess.

I don't understand why Ms. Spencer didn't terminate the call after the cursing, hold her ground and let the judge decide the appropriate consequences. It seems to me that the situation escalated when she called Mr Capell..and why didn't he refrain from comment? He's on vacation and could have issued no statement at all.
Mr Jackson may have broken the law, but calling the mayor was no crime and attempting to speak to the prosecutor was no crime. This was a matter to be decided in court. I'm troubled by the fact the city manager had to get his opinion entered into the fray.
My father-in-law used to say.." if you don't have anything good to say, don't say anything at all "

No problem with having a city ordinance enforced until it is done selectively.

Two things immediately come to mind; Mr. Jackson is a businessman in the community and interesting to note that a more cordial association did not already exist between both parties. Next is the fact that we are talking about a rather minor and often seen occurrence. On the surface it appears "reasonable" to expect that the officer might have issued a warning after stopping Mr. Jackson.

Now we get into the too often seen political circus troubling the city.
Lets start with the Mayor. A businessman in the community contacted an elected official with a concern. Since when should it be acceptable for a elected official to simply dismiss a concern of this type once voiced. The Mayor was fully justified in his inquiry to Ms. Spencer and even knowing how the mayor is often not the most politically correct in his language, his actions given the present facts are hardly a violation.

This now leads to the structure of the city government itself and how a flaw in having city officials, such as a city attorney or prosecutor, not reporting directly to the council allows situations such as this to become political.

Before all the City Manager defenders jump on the bandwagon consider the following. When Ms. Spencer had concern whom did she contact, Mr. Capell and not her superior. If the appropriate chain were followed Ms. Spencer would have related her concerns to the city attorney. Instead rather than all aspects of this entire matter being reviewed, including those of Mr. Jackson, it was immediately turned into yet another of the frivolous exchanges by a official that distracts from city hall doing its job of serving the people.

The problem of structure within the city must to be addressed by the council if this type of nonsense is ever going to end. Until then this type of unnecessary and distractive conduct will continue to ebb and tide based on those holding office, none of which ever working towards improving how our city functions.

Had the city manager or any other city executive tried to fix a ticket the mayor would have had hearings calling for their heads.

I believe that the mayor is smart and in most cases well intentioned. However, his hatred of authority in general and the city managers in specific make him appear to be a bomb-thrower in many cases and a pair of clown shoes in the worst cases.

How has anything positive occured out of any of this.

Mr. Mastrangelo,

What the News-Press knows and didn’t mention in the article is Ms. Spencer did, in fact, first address her conversation with the mayor to her immediate supervisor, the city attorney. The city attorney advised her to forward her experience to the city manager.

cappell regards the prosecutor's ofice and their resultant fines as "revenue stream". if we are talking about the city charter, i believe that there is a "wall" between those funds to prevent this type of thing from happening?

shearin made the right move the wrong way.

no one in their right mind would walk on a dark sidewalk at that hour. it is one of the first things self defense courses teach, avoid places where you can be attacked from cover. the middle of the street is often my choice when walking alone...... anywhere.

justsayin is right about the mess the sidewalks are here. thanks to the enforcement and the way it was carried out a great idea went by the rails.

Heritage,

If by “the right move” you mean “obstructing justice” then yeah, he made the right move. Anywhere else, when an elected official attempts to quash a charged offense against one of his pals, it is called a felony.

Henry - Interesting you have such intimate details of events but accepting them as accurate it further demonstrates a systemic problem in the city. If the City Attorney felt the observations of Ms. Spencer warranted further attention why did she not address them first with the Mayor and then, if necessary to escalate, to the City Manager.
Sorry Henry, political wrangling at it height.

HA. there is no mention of anyone trying to fix a ticket. just a facilitation on behalf of a citizen.

see you are using your other alter.......

Mr. Mastrangelo,

My knowledge of the details of this episode are hardly interesting at all. Based on your personal experience with News-Press employees you should know very well the News-Press leaks like a sieve. Someone from the N-P provided me the memos. I’m sure, if you asked, they would do the same for you.

Heritage,

So you’re admitting you don’t have the whole story? Wouldn’t that make it hard to put much weight on your judgement?

You mean to tell me the hypocrite Ted Elo made it out of Norty's long enough to make a phone call?

It's a sad day in HELL when the City Attorney can drive his HANDICAPABLE VAN over to Norty's and drink for hours, then wheel himself out to the same van and drive away.

Allison, grow up. No one was trying to "fix" any ticket. The call was made as a "heads up" for when the case makes it to court date. As I've already said - I've met with Mrs. Spencer on a few occasions before to discuss my case and there was certainly no controversy because of it.

This whole thing could have been avoided if police were more personal - period. It used to be a cop got to know his neighborhood and those who lived in it. Now you can't see a cop with his windows down or has his Oakley's on. They don't want to get to know you - too time consuming. After all, they have all these big fish to fry - which is why some idiot cop wrote a jaywalking ticket to a local business owner on his way to open shop.

Also, I haven't seen it said yet, so I'll say it...

Big Daddy & Son's is hands down the best smoke shop in town. Spanky and Buckwheats is a close second. Mr. Jackson your chicken makes me cluck, your briskett makes me bow and your ribs make me rowdy - I love it all and the servings are plenty. Come hungry.

This is all for nothing though - because no judge in his right mind will punish him for this. Doing so might just start our own little civil unrest right here in Joetown - and I would be in line.

Keep your head up, Mr. Jackson.

In the meantime, thanks to the officer for doing everything just exactly by the book, and correct.

He found an individual wandering down the middle of the street where he was in danger of serious injury. He suggested he move over the the sidewalk and avoid the danger.

When the individual "went off on him" (playing the race card) he did exactly the right thing, he wrote a ticket so the individual could take advantage of due process....which is his right under the law.

It was then some politicians got involved and exposed themselves to felony behavior.

In the meantime the Police Officer was absolutely correct and deserves a pat on the back.

Maybe the Mayor, City Manager, the Officer and Mr. Jackson should have a beer summit on the lawn of city hall.

darn straight on the BBQ..... and this is a neighborhood safe place, a gathering spot for midtown's citizens. can't say enough nice things about the food or the man.

hmmm, I do love some good BBQ. I am going to have to try it.

Now, back to the issue at hand. Based on my PAST experience with the NP - I can almost guarandamntee that we do not have the whole story here so I am not sure anyone of us can point fingers at anyone of the players. Seems to me like between Mr. Shearin and Mr. Capell there is already enough finger pointing already.

There are too many people walking down the middle of the street in this city. I think more tickets or a least warnings should be given out. I had to honk at people twice yesterday for walking in the road unwilling to move out of the way without some prodding.

I tend to agree, the Mayor was just forwarding a concern of a local merchant to a higher authority. I would expect the Mayor in my town to do the same thing. I didn't know city prosecutors wouldn't talk to litigants prior to court, seems counterproductive in an already overcrowded court system to take everything to the courthouse. The officer had a job to do and did it, the rest of the castle crumbled.

lbc, where are you getting this information? if you are so tied in and this officer did such a great job then please reveal his indentity.

Mr. LorD,

We certainly agree: Big Daddy’s is the best BBQ in town. Big Daddy’s is what Famous Dave’s aspires to.

However, with respect to your assertion that Mayor Kenny did not try to “fix this ticket”, I fear I must completely disagree. I am willing to give you the benefit of doubt. The rest of the story is out there. Go find it. Make me proud

Mr. Mastrangelo,

After a second read of your last offering, I truly am disappointed in you. The reason the city attorney didn’t take her concerns, with respect to the mayor’s inappropriate conversation with the city prosecutor, directly to the mayor is because, per the city charter, the mayor isn’t in her chain of command. You may think the city attorney should answer directly to the council…for sure the mayor does, but that isn’t the way the law is written at this moment. If you think the charter should be changed to reflect a different relationship vis-à-vis the city attorney and city council by all means lobby your councilmember but don’t expect the city attorney to go running willy nilly out of channels. Such behavior, political wrangling as you phrase it, would be exactly what your incorrectly accuse city staff of committing. Generally I expect better reasoning from you.

I'm surprised the President hasn't held a press conference today, to castigate our police officers and tell us all the officer in question "acted stupidly". There must be some SERIOUS stuff going on in the world today....like huge economic crisis, nuclear tests in the offing, etc, etc, etc, or I'm sure we'd be hearing from the White House....

To Mr Allison - The assumptions are flowing both ways. You are assuming the prosecuting attorney didn't get out of line, which then caused the Mayor to get into a heated discussion.

shockedandamazed,

One salient point, made very clearly in IQ-2’s story last night [and made not at all in the N-P story] is the essential nature of the relationship between the mayor and city council and city staff. According to the city charter, like it or not, whether you think it is the best idea or not, the mayor and council are prohibited from contacting city staff directly. Maybe that sucks to you, but that is the law of our berg. All communications between city staff and the mayor and council MUST, according to the city charter, go through the city manager’s office.

The fact the mayor contacted the city prosecutor directly was de facto inappropriate. The cursing and the wild directives were icing on the cake.

Rebecca Spencer does not seem the type to get out of line, but surely our lunatic mayor would try Job’s soul. I suppose, in the face of such idiocy, anything is possible.

You break the law,you pay the price....

Regardless of the fact the Mayor contacted Ms. Spencer directly, was out of line and violated the charter in doing so..the article is about the dust up at City Hall and specifically mentions the City Manager criticizing the Mayor.

The City Manager is wrong to inflame the situation by comments he made to the NP..see paragraph 11, beginning with " He essentially ". These comments are not a clarification of fact, but rather a statement of subjective belief. The last thing our community needs is a disrespective tin pot dictator making decisions and opining legalese.

Mr Shearin and Mr Capell...GROW UP, take responsibility for your actions, stop trying to be right all the time and stop treating the public to the second rate sitcom now playing at a media outlet near you.

Big Daddy's is fantastic BBQ! Have you tried Boogaloos on S. Belt across from Walmart. It too is great! Famous Dave's is good....but is just "supermarket" bbq...not real BBQ like Big Daddy's and Boogaloos!

I am sorry to hear that Mr. Allison. What a sad situation.

OMG, NUMBER ONE i can't believe this is even an issue, i agree i was taught to walk in the streets for the same reason, and at 5 am, what traffic dangers does this cause. i read an article online about how some smaller cities (st. joe) are using the practice of issuing more tickets due to the hard economic times to boost income. geez, i really thought the article was full of it, however, i may have to give this a second thought. walking in the street, geez come on guys at anytime of the day or nite u can find a group of kids walking in the streets. and no Ms Spencer cannot be bullied, by ANYONE.

i just wonder when and how many tickets are issued for walking in the street. is this more prevelent in this neighborhood,or are we just singleing out this area.

as topshape mentioned,why at 530am folks where the sidewalks are in good shape still run in the street at this time. theres numerous folks that still run on parkway system even though we have those trails not all but enough to make you have to break if you encounter another car.

so if we are going to ticket folks on messanie then lets ticket those on ashland and the boulavards. oh sorry can't do that those folks have more pull than some black man going to work. so keep walking mr.jackson and i'll keep eating your bbq. maybe this officer should stop by there on patrol sometime and get to know mr.jackson. there great pepole there and i know he'll enjoy the food.

Chara........you don't have the guts to say it's a racist thing....but your sure trying. The idiot was walking down the middle of Messanie.....why would anyone do that. The officer was quite logical in thinking he was probably saving the guys life. There is nothing racist about it.

I have driven down Ashland ten million times in the past 40 years and I have yet to see anyone walking down the middle of the street.

The officer "singled out" the idiot. He probably is relatively consistent "singling out" most idiots he happens on to, regardless of where they are or what color their tie.

This is a situation almost precisely like the Harvard Professor who instead of thanking the officer for protecdting his property, instantly screamed racial profiling and blamed the officer for doing his job so professionally.

this officer was equally professional and Mr. Jackson was a jerk for not saying thank you and instead sounding off as if he were offended. Play that race card Jackson.

If I saw someone walking down the middle of any street at 5:30 in the morning I'd certainly think something was amiss.

Look folks....this isn't an isolated incident. There are LOTS of folks stopped for walking in the street. The difference is MOST of them are only asked to go to the sidewalk, and the police tell them why. At most, they usually get a warning. In THIS case, the individual in question didn't want to comply...so he paid the penalty.

If you don't like the ordnance, lobby to have it changed. Get petitions and have it put on the ballot for removal. However, right now, it's the city law....you can either abide by it, or get a ticket. Simple, really....for those who use their heads to think, rather than just a place to show off their hair....

well ibc i agree with you more times than not,but,if you drive on ashland around 5;00 am they do run in the street. i drive my wife to work on the boulavard to frederick, then east. i've seen officers drive right on by. same thing on the boulavard, thats considered a street is it not.

as for mr.jackson, he walks on the side by the curb,not in the middle of the street. not calling it racist,just want to know why if he was stopped why aren't others. i'am just saying it could have been handled a lot different.

was mr.jackson being rude,i don't know. if so then he should be given a ticket. maybe the officer and mr.jackson can get together and come to a better understanding of why a black preson would think he is being singled out. mr. jackson is no idiot,just the opposite hes a really nice guy and will do anything for you. better yet ibc stop by and have some bbq and you will find him a really nice gentlemen.

hes not one to accuse someone without reason.

Henry - No need to be disappointed and a good attempt at twisting the intent of that said.
One would presume you might be hanging you hat on 2-163 of the charter and if not please feel free to expand. From the provisions noted no specific language is seen prohibiting a dialog from ever taking place between any city official and a elected member of the council. If so would hate to explore the existence of such infractions being expanded upon.
You can be certain that the shortcomings currently existing in the structure of the city government will receive center stage each and every time events such as this turn into a political circus because individuals representing and paid by the people place their political posturing above all else.

Drop the ticket period. This matter is NOT worth the effort and time. Frist, Ms. Spencer, needs to NOT use the word "policy" when speaking to the citizens that employ her. The City Manager could always go get a job in another city if he is so unhappy with the mayor. Third, the mayor was doing his duty, responding to a concern of a citizen. The police officer I suspect was profiling, and needed a reason on why he stopped Mr. Jackson. Finally, I think ALL city employees need to remember they are paid by the citizens and need to respond to citizens complaints and assist as needed. NO Mr. Jackson should NOT be paying for an attorney, or should the citizens of St. Joseph. Ticket should be forgotten about, to many important issues in St. Joseph than ticketing people for walking along edge of the street.

Why is the police officer seen as wrong. Maybe he stopped the guy to tell him to move to the sidewalk and the guy popped off and deserved the ticket. Maybe if Mr. Jackson called Mrs. Spencer he would have gotten someplace but when the mayor calls to assert hiself into the situation she became defensive. All stories have two sides and until you have heard directly from each person you shouldnt judge.

Arch286,
Why is it everyone is at fault for this EXCEPT Mr. Jackson? Why isn't it HIS responsibiltiy to obey the law? Why is it whenever a black person is caught breaking the law, they're "being profiled"? Why can't we citizens, who DO, as you say, employ the prosecutor, police, mayor AND city manager, expect those men and women to uphold the laws we have on the books? Why is it you, and others, wish to give people a "pass" and castigate those who are charged with enforcing the law?

Oh how I love computers and the maps they show now. i would suggest everyone that is complaining about this gentleman not using the sidewalk go to google maps and look at the 500 block of S. 20th. You will notice that the sidewalk is not continuous and goes from being paved to cracked and then to a dirt path. Before we start to call names at anyone we should ask why in the middle of town there are not continuous sidewalks on at least one side of the road. I would be walking in the street if I had to walk in that area also. I can see why the man has questioned the ticket. I can see why he may have had an attitude for going to work and being stopped for such a minor offense. Maybe if there was a sidewalk that was level and safe to walk on he may have been walking on the sidewalk provided. I relocated to the midwest when I was 14 yrs old from the east coast where they provide sidewalks in all urban areas. I have over the past 16 yrs wondered why spots like the Belt Hwy, Woodbine, 36th St, Pickett, Riverside, Pear, Parts of 28th St. 22nd St. (should I go on?) do not provide a sidewalk. If I am to obey the law walking on the left shoulder facing traffic on any these streets mentioned; plus numerous I have left out; would be legal. This city dose a horrible job of providing safe places to walk, I am constantly amazed at the lack of concern there is for walkers in this city. I have always stated this is a problem and now we see how it affects the general lives all of the parties involved. Had the sidewalk been in place there would be no ticket the mayor would have not had to field a citizen complaint and would not have had to contact anyone. We need to face the real problem and fix or create safe places to walk along each road in this city.

All parties need to be VERY careful in how they handle this situation from this point forward they do not want to set any precedents for future call my "friend" in a high place to get my ticket tossed out. First His Royal Higness Larry the Village Idiot should have referred Mr. Jackson to Ms. Spencer and left his four letter foul mouth out of it. If Ms. Spencer's "policy" is not to discuss tickets prior to the court date then that is what Mr. Jackson needed to do wait until his day in court and talk to her. The days of getting a ticket tossed just because you know someone is over with. If you break the law you break the law City Government does not need to be an "enabler" for the law breakers in this town. As for the police needing to deal with other things then perhaps all of you who leave your cell phones on vibrate then call the police to find out what is causing the noise need to give up your cell phone if you don't know what the sound is turn the phone in. If you walk in the street at 5am and not on the sidewalk you deserve a ticket which is better then being hit by a car. More power to the police for doing their job and all of you who THINK you could do a better job go to college go to the academy carry a gun for a living doing a job that pays next to nothing in a town where the citizens don't appreciate you................I think perhaps you all should read something from a Paul Harvey show called "What a Policeman is made of" it sums it up in a nut shell.

How can anyone comment on this unless they know what happened? The offenders response MAY have been the reason for a ticket instead of a warning. Walk a mile in the officers shoes!

It sounds like a turf war between the mayor and the city manager. Mr. Jackson probably thought he was going through the chain of command. He went to the police chief, then the prosecuting attorney, then the mayor. From a strictly chain-of-command situation, I'm sure that the city manager looked at this as a violation of the chain-of-command.The fact that Mr. Capel has no love for Mr. Shearin, probably didn't help anything. Sometimes I think their favorite sport is attacking each other, which is not very professional by either one of them.I couldn't help but think, reading these comments, that Mr. Shearin did get elected by people who didn't want the previous mayor. The previous mayor won because people didn't want the mayor before him. Personally, being the mayor...I don't know why anybody would want it.People love you when you go in and they hate you when you go out.

Mr. Mastrangelo,

The pertinent language in the City Charter I had in mind is “Section 3.5. Prohibitions. (c) Interference with Administration” which reads “The Council or its members shall deal with City officers and employees who are subject to the direction and supervision of the Manager solely through the Manager, and neither the Council nor its members shall give orders to any such officer or employee, either publicly or privately.”

It that is unclear or you think I have misapplied the Charter, I trust you will explain it to me.

One of the basic tenets of organizations is:
know your chain of command
follow it
anything else breeds chaos!
I am really tired of the News Press publishing poorly researched stories; witness the above frustrations!
I am also sick and tired of our "teen-age" mayor & city manager scuffling in city hall.
The police here have had a bad rep since th groupie having sex in Krug Park with on-duty patrolmen in city vehicles! (1950-60?)

Henry - To coin and paraphrase a comment once used in a posting; you make this much too easy.
"...and neither the Council or its members shall give orders to any such officer or employee..."
It would appear and could be argued that the spirit of the section is in fact directed toward the giving of "orders" and not preventing communication. To infer any member of the Council is ethically bound to not have communication with another employee is ludicrous and if being so interpreted by any city official, appointed or otherwise, makes the subject worthy of intense scrutiny.

Perhaps a topic that may receive attention in the immediate future.

Amen apmastrangelo!

Unfortunately, the story doesn't paint a real accurate picture. Give Mr. Jackson credit for being honest about walking in the street, as he seems to be an up-front guy. What the News Press never asked (or never aired) was the fact that when officers tried to explain that he needed to walk out of the middle of the street, Mr Jackson said he was not going to do so regardless of whether it was legal. I imagine he would have been honest about that as well, but it wouldn't make for as much of a story, so they conveniently make it sound like he was just walking along and officers made no attempt to do anything but ticket him. Fact is, people get warned for this the vast majority of the time, but when someone simply refuses to abide by the ordinance, officers can't really just tell them, "well ok, if you feel strongly that this doesn't apply to you, we'll let you do it".

tydej, i walked that route today. your depiction of the condition of the "sidewalk" is completely accurate.

I think it's bull and i would of took a dump in an envelope stuffed the ticket and the fine money inside and let them dig it out at the courthouse, I've been up there and people have talked the prosecutor it's a crock just another way to make a guy pay a working guy at that, black or white has nothing to do with it. People walk down the street all the time that cop just had a wild hair up his butt and thought the guy was up to no good stop him found out the guy was going to work and said "oh yeah you werent on the sidewalk" get real the cops need to be chasing bad guys not people walking down the street.

Its' 5 a.m. and still dark. This man could have been hit by a car. Did he have on white or reflective clothes. How would this story change if he had been hit by a car?

Sometimes the police department just get back raps from everyone. Do I like getting a speeding ticket at the bottom of Frederick Ave., just before the Wyeth Estate, when your car speeds up coasting down the hill? NO! But they are doing their job. Do you think I could get the mayor to do something about this ticket for me? i doubt it as I don't have the right name or nationality.

First, councilmembers are allowed to SPEAK with staff members at City Hall, they simply cannot DIRECT POLICY to staff. In other words, tell them how to do their job. Council can ask as many questions as time (and staff patience) permits.

Second, this council will never revive the sidewalk enforcement issue. It was a prime reason the last council was voted out. That group instructed city staff to come up with regulatory ordinances to make sidewalks passable, and staff took the ball and literally ran it for several touchdowns. After much public outcry, council redirected staff to lower fees and cut back on strict enforcement, but it was too late. They got the reputation of being castle dwellers.

Third, civilmilcop.. funny post.

heritage:

I’ve read several comments that are saying the same thing I said (I may have been more direct and to the point) but I don’t see you complaining about them.

Enforce the sidewalk condition laws. The new walking/biking trails are great, but for an example, someone is going to get hurt on Ashland. The homeowners know what the responsibility that comes with owning a house with a sidewalk, now just enforce it.

Does it really matter what he was doing walking in the street at 5 in the morning. The officer stopped him probably to make sure he was not doing something extremely illegal such as breaking into someone's home or stealing a car or worse. Would everyone have been so angry about this or even talking about the officers "bad judgment" if this guy was doing a more serious crime? I can't say what happened that night for sure as I'm sure many of us can't...but if this guy was that concerned about it then why didn't he file a complaint with the commander of police? I'm sure that writing a ticket was the highlight of that officers day. It's hard to imagine that he went to work that day with the mind set of "Let's see who's day I can ruin by writting a jaywalking ticket!" Seriously? Maybe this guy was rude to the officer (as I'm sure some of us have been in the past) and the officer decided to give the ticket instead of the warning (happens all the time with seat belt violations)...OR maybe the officer is just doing his job the way that he saw fit at the time. I'm not an officer and do not know the rules and regulations or what they can let slide and not slide. And as I stated before do not know what went on that morning. Maybe we shouldgive the officer a break. This guy was obviously upset as we all get when we are ticketed.(I know I'm guilty of it) I have no idea why you would go to the mayor about a ticket...not sure where that would even cross your mind. All the same, the mayor should have politly told him if he thought he was discriminated against then he needed to go talk to the officer's supervisor or wait to speak with the judge. The bottom line is the guy was in the wrong and now has to pay the price. In my opinion the officer did his job the way it is supposed to be done, without the brutality that often goes along with racial profiling we often hear about in other cities.
Of course this is just my opinion.

what a total waste of my time reading all that was posted, i'll know better next time.all because of a ------ thing!

For any ticket issued there is an appeals procMy suggestion to the individual who got the ticket, use the process and fight it out where the courts. Make your case and justify why the ticket was invalid. When the individual addressed it with City Hall, that should of been the response, follow the appeal processes regardless of who he talked to. The mayor was out of line and Mr. Cappell was correct in addressing the issue directly with him. The mayor should have politely told Mr. Jackson to address it through the appeals process. And Mr. Jackson with due respect, that is your opportunity to argue your case. With a judge and validate your argument why you feel it was an unjust ticket.

I still have a problem with walking down the middle of a street. I can see walking on the side of a street, which faces traffic,if the sidewalks are in poor shape or there are no sidewalks. For the life of me, I can't imagine why anybody would want to walk down the middle of the street. If you aren't concerned about your own safety, then try imagining yourself as the innocent driver, who accidently maims or kills that person in the middle of the street. The driver, and the victim and/or loved ones, must live with that ordeal forever. If you're going to walk in the dark, for heaven's sake, wear reflective clothing or something. Protect and respect yourself and others.

diligent. go walk down 20th street from the 300 block to messanie. i won't give the address of mr. jackson, but you will have a first hand view of why he chose the road.

this man is being mischaracterized. i think the NP would have served the public better by simply publishing the story about the events BEFORE they posted the issue about the never ending cycle of vitriol between the mayor and the CM.

this so-called city wide ordinance is enforced unequally. i call foul.

I'll have to go take a look. My 9:42 comment was more general than specific.

As long as one person does not like another, words will fly, people will hurt one another, assumptions will be made, and people will forever distrust one another. It's called politics, it's called our society, what we experience in St. Joseph is nothing more then others experience in other metropolitan areas. Is it right? Of course not. Was the ordinence on the books? You bet, it's posted on here. How often is it enforced? Probably not much, otherwise this would have been overlooked. Was it racial? Maybe. It is St. Joseph, I'll be honest and say that this section of the state has a serious race issue, and that goes for all the little small farm towns also in the area.
We can whine, complain, and bicker back and forth with each other on here. But what good does that do? If the city is corrupt, if the police are questionable, if the politicians reflect that of Chicago, then why don't you...the person who voted them in there (wait...did you even vote?)...go out there and actually do something about it. I find no worth in any words that can't be backed up by actions, and frankly...this article, and these posts are nothing more then just that.

The police now have a huge task ahead of them. Any person observed walking in the street that has a sidewalk will have to get a ticket. This whole thing is so stupid . Im sure that the man walking to work was tired he was up early going to work thinking he was doing nothing wrong and boom some cop with a little additude,because he to is tired and at work gives him a ticket. Sounds to me like the Race card is being used on both sides. Chill out!! We all dont have to like each other we just need to be civil to one another.

thenfixit,
People have ALREADY been getting warnings and tickets for this exact same infraction. It just doesn't make the news so that everyone knows about it. Why? Because MOST folks aren't pulling the infamous "race card"!!

Again, friends....this wouldn't be news if it wasn't about a black man claiming he was violated because of his skin color (a most STUPID arguement). It ALSO wouldn't be news if it wasn't for the two little kids in City Hall that can't keep their tempers down and their mouths shut.

Heres a thought this pretty back that this situation takes a bigger seat then the issues we have with our schools and the problems we face with our schools.If there was this much involvement on the school issue we would be moving forward instead of where we are today.We need a new city manager and we will be getting a new mayor.

The area that Mr. Jackson was walking, is it still a zero tolerance area?

Just a thought I seem to remember a ticket issued to our city manager for parking in a emergemcy snow route last winter but does anybody else remember the ticket our nice city manager got last winter for continuing to park his car in a emergency snow route?I wonder what happened to this ticket and why he would do this? Does he think he is above the law?I would almost bet If I remember correctly that he got this ticket he did not pay it or was not found guilty of this infraction.

Zero tolerance area.........interesting term. The crime statistics certainly suggest it should be a highly sensitive area

I wonder if some of these comments are suggesting our police department is supposed to ignore the FACTS.

Chara.......I drive down Ashland and most of the people run on the sidewalk. The ones who (infrequently) run on the street usully are very close to the curb. it's pretty obviouis what they are doing.

And, yes Mr Jackson played the rece card quite promptly & that is what led to the entire mess. Had he chosen to act civilized everything would have been a non-issue.