‘It looked like a murder scene.’ Why Ohio dog wardens want harsher penalties for attacks

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Certain work stories haunt Jeremy Grant, the assistant chief dog warden in Licking County.

“It just looked like a murder scene,” Grant said, recounting the house where a little boy had been attacked by his uncle’s dog. Grant just cannot forget the sight of the child’s bloody handprints smeared on the wall of the house.

Hurt children are the worst part of the job, Grant said. But he can quickly rattle off other weird, dangerous and distasteful cases: hungry dogs devouring their deceased owners, sexual assault of a dog, or pulling a dog out of a truck cab where the driver had died by suicide, the trucker’s finger still on the gun trigger.

Grant, who has been a warden in two different counties for 11 years, carries a gun, taser and handcuffs and wears a vest. He’s been shot at twice in his career. “It’s not just the dogs you have to worry about. It’s the people.”

In the fourth installment of  USA Today Network Ohio’s powerful series “VICIOUS: An investigation into how Ohio laws fail thousands of dog attack victims,” reporter Laura Bischoff examines the stress and challenges dog wardens face because state laws governing dangerous dogs are shockingly inadequate. Here is the article in its entirety:

Certain work stories haunt Jeremy Grant, the assistant chief dog warden in Licking County.

“It just looked like a murder scene,” Grant said, recounting the house where a little boy had been attacked by his uncle’s dog. Grant just cannot forget the sight of the child’s bloody handprints smeared on the wall of the house.

Hurt children are the worst part of the job, Grant said. But he can quickly rattle off other weird, dangerous and distasteful cases: hungry dogs devouring their deceased owners, sexual assault of a dog, or pulling a dog out of a truck cab where the driver had died by suicide, the trucker’s finger still on the gun trigger.

Grant, who has been a warden in two different counties for 11 years, carries a gun, taser and handcuffs and wears a vest. He’s been shot at twice in his career. “It’s not just the dogs you have to worry about. It’s the people.”

Licking County wardens take in about 750 stray dogs each year. In larger counties, such as Franklin next door to Licking, the wardens and shelter deal with 10,000 dogs each year.

Wardens respond to calls about dog problems and write tickets for lack of tags or letting dogs run loose. They also follow up with owners of dangerous dogs.

On a Monday morning in Newark, Grant knocks on the front door of a duplex where a “beware of dog” sign hangs in the front window.

Two dogs show their faces before owner Xavier Agin, 28, answers the door. Agin’s 3-year-old Akita-Huskie mix, Teddy, attacked an 11-year-old neighbor in April, chomping into the girl’s upper left arm.

“It came as a surprise. He’s never really been like that. He’s always been a people person,” Agin said of Teddy.

That night, Agin’s mom took Teddy for a walk on a leash and stopped to chat with the neighbor, Donelle Spohn, and her children. A Ring camera captured the lightning-fast attack.

Now Agin must muzzle the dog when off his property, post the warning sign and buy an annual dangerous dog tag.

On a recent visit to the neighborhood, Grant reminded Agin to get the tag or face a misdemeanor charge. Agin, who now takes care to cross the street when passing Spohn’s house when walking Teddy, bought the tag later that afternoon.

“I still have him. He’s not being put down. That’s the best outcome I could hope for,” Agin said.

Aggressive dogs: What does the law say?

In 2012, Ohio revamped its dog laws to move away from restrictions targeted at specific types of dogs, such as pit bulls. The current law focuses on the behavior of the dogs, not the breeds.

Aggressive dogs fall into three categories − nuisance, dangerous and vicious. The behavior must be unprovoked and documented. Here’s how it breaks down:

  • Nuisance: have acted in menacing way toward someone, such as chasing, growling or snapping.
  • Dangerous: have been convicted three times for running loose or have caused a non-serious injury to a person or killed another dog.
  • Vicious: have caused serious injury −permanent incapacity, disfigurement, maiming − or killed someone.

Owners of dangerous or vicious dogs face extra requirements, including leashing, tethering or keeping them in locked enclosures with tops while at home and muzzling and on a short chain-link leash when elsewhere. They have to post a warning sign as well, though the law is silent on what it must say, how big it is or where it’s posted.

Microchipping, spay or neutering, vaccinations and a dangerous dog registration are also required. A judge may order the owner of a dangerous dog to buy liability insurance; it’s required for owners of vicious dogs.

Fines for failure to register a dog or failure to confine or control a dog start at $25. Fines for subsequent offenses start at $75.

Once a dog has been categorized as dangerous, failure to confine or control fines escalate to $250 for a first offense and $500 for subsequent offenses. Failure to control or confine a vicious dog can bring a fine of $1,000 on first offense and $5,000 on subsequent offenses.

Putting down a dog

Even in brutal, unprovoked attacks that leave people with permanent disfigurement, chronic pain or limb loss, euthanasia is not a given.

Judges have the discretion to order euthanasia of dangerous or vicious dogs after the first unprovoked attack. Often, it’s left up to the dog owner.

If a dog already deemed vicious, kills a second person, the judge must order euthanasia.

How Ohio dog wardens do their jobs

Every county has a dog warden, by state law. But some work under the sheriff, some under county commissioners. There are no uniform training standards for wardens. Some wardens are part-timers who earn a little more than minimum wage.

Some wardens carry guns, write tickets and arrest people. But others don’t exercise such law enforcement powers.

County auditors issue dog licenses. Local health departments take dog bite reports. Wardens issue citations to owners for violations such as loose dogs or unlicensed dogs. Nonprofit organizations, often the local humane society, investigates cases of animal cruelty or neglect − not the wardens.

There is no requirement for the health department to share info with the dog wardens or humane society. And the wardens don’t have to share with them either.

Local governments don’t have to post dog bite reports or dangerous dog registrations so that the public can easily find and search them. The USA TODAY Network Ohio obtained those reports via public records requests to multiple agencies.

Leaders of the Ohio County Dog Wardens Association have a wish list for state law changes:

  • Create a statewide public database of dangerous dog registrations and anyone convicted of felony level animal abuse.
  • Establish statewide training standards for wardens that include Ohio law, safety and animal behavior.
  • Clarify the police powers of dog wardens.
  • Increase the penalties for owners whose dogs cause serious injuries.
  • Require euthanasia of all dogs deemed vicious.
  • Provide state funding for dog shelters and require shelters to spay and neuter dogs before adopting them out to new owners.

Geauga County Chief Dog Warden Matt Granito said current Ohio law does more to protect the dog’s life, rather than protect the public.

“We’re tired of seeing these kids get torn up, and then just saying, well, we gotta wait. We gotta wait and when it gets loose again, we can do something,” he said. “We got to get them in court on the first bite and say ‘what are you going to do to fix this problem?’”

Franklin County Chief Dog Warden Kaye Persinger, whose shelter handles 10,000 dogs a year, said the criminal charges in dog attack cases should depend on the details, such as the severity of the injuries and what the owner knew about the dog’s behavior.

Wardens agree that some − but not all − aggressive dogs can be retrained, avoiding euthanasia.

“You can teach an old dog new tricks but it takes a lot of patience and a lot of time,” Persinger said. “Just like when we learn something new it takes time and consistency to teach them. Am I going to say every single dog that comes in, that may be extremely aggressive, can be reformed? No.”

Laura A. Bischoff is a reporter for the USA TODAY Network Ohio Bureau, which serves the Columbus Dispatch, Cincinnati Enquirer, Akron Beacon Journal and 18 other affiliated news organizations across Ohio.

 

Third installment of USA Today Ohio News Network series: ‘I figured I was dead.’ Ohio man survives attack by friend’s pit bull

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In the third installment of this compelling, though-provoking, and anger-inducing series, Akron Beacon Journal reporter Stephanie Warsmith recounts the story of 51-year-old Michael Palmer who lost his ears, thumbs, an index finger and part of  his nose when he was savagely attacked by a friend’s pit bull in December 2022: 

Michael Palmer of Green, Ohio shows his injuries he sustained after a friend’s pit bull attacked him. Photo by Lisa Scalfaro, Akron Beacon Journal.

Michael Palmer is a broken man.

He lives in fear, crashes on friends’ couches and feels uncomfortable when strangers stare at him.

This is all new to Palmer, now 51.

In December 2022, Palmer was viciously attacked by a friend’s pit bull at her Green home. Piper, the dog, bit off his ears, thumbs, an index finger and part of his nose.

Palmer can no longer work as a machinist, play guitar or pick up small items.

“I don’t like to go in public,” Palmer said in an interview at his attorneys’ office in Akron. “I go to stores and people stare. Some of them ask. I’d rather them ask than just stare and walk away.”

Palmer, who is living in Lakemore, said he mostly goes out at night when his injuries aren’t as noticeable.

After spending nearly three months in hospitals and going through seven surgeries, Palmer faces half a dozen more operations, along with constant PTSD and nightmares.

Keys or coins rattling together sound like a dog chain to Palmer, sending him into a panic.

“It puts the fear of a dog in my mind,” he said. “I see shadows of dogs all the time. I hear a dog bark and it’s pretty tough.”

Palmer was attacked by his neighbor Wendy Trippett’s pit bull when he went to her house in the early morning hours of Dec. 20, 2022. He said she invited him in and, when he started to open the door, the dog pounced.

The attack lasted nearly 15 minutes. The dog dragged Palmer onto the snow-covered ground and bit off chunks of his flesh and body parts while wagging its tail. The assault ended when a Summit County sheriff’s deputy shot and killed the dog.

Palmer doesn’t recall much after the dog first bit one of his hands until he woke up in the hospital days later.

“I figured I was dead,” he said.

The dog bit off a large area on the side of Palmer’s face, both ears, a thumb and forefinger on his right hand, and a thumb on his left hand. He also had bites to one of his arms and one of his legs.  Deputies were able to recover one of Palmer’s thumbs, but doctors couldn’t reattach it. Deputies determined the dog ate the other body parts.

Asked if anything can be learned from his attack, Palmer said: “Any dog can attack. You never know.”

Palmer’s attorneys say attack could have been avoided

Palmer’s attorneys said his attack could − and should – have been prevented. They believe the case illustrates the gaps in Ohio’s dangerous dog laws and their enforcement.

The attorneys are suing Kenneth Grable, who was the landlord of both Palmer and Trippett.

The attorneys claim Grable was aware of the dog’s prior attacks on two other people but did nothing about it, despite requests by his tenants.

Grable, though, argues he isn’t to blame for the attack. He said he understands Palmer tried to enter Trippett’s house uninvited and the dog attacked him.

“I thought it was a pretty good dog,” Grable said. “It was protecting its mom. That’s what dogs do.”

A jury trial was scheduled for this week in Summit County Common Pleas Court but was delayed. The trial will determine if Grable is liable and, if so, how much he owes Palmer in damages. Palmer’s medical bills so far are nearly $650,000, his attorneys say.

Pit bull attacked two other neighbors

Three months before Palmer’s attack, the same pit bull tried to attack the neighbor who would later see Palmer’s mauling.

Christine Witte, who lived next to Trippett on Warren Drive in Green, called 911 on Sept. 4, 2022, to report that her neighbor’s dog tried to attack her in her driveway while she was taking out the trash.

“I came around the corner and she came charging at me,” Witte said in an interview, referring to the pit bull that was female. “She was running around, trying to attack me. I put the trash can between me and her, ran back in the house, slammed the door and called 911.”

Witte, 59, said she wasn’t bit but was frightened.

Trippett wasn’t home at the time. Deputies gave her a warning for control of her dog and told her she “needs to watch the dog better and to fix the fence where it got out of the yard,” according to a report from the Summit County Sheriff’s Office, which provides police services in Green.

Witte said she called Summit County Animal Control but was told there was nothing the agency could do.

Animal control mainly responds to complaints of stray dogs in townships, with cities handling their own dog complaints, said Greta Johnson, the assistant chief of staff and director of communications for the Summit County executive.

Shortly after the September incident, Witte said she saw the pit bull break free from its chain and try to attack a neighbor’s friend. The man climbed a tree to escape. After the man came down, the dog charged at him again and he again scrambled up the tree.

Grable, the landlord, witnessed the near attack, Witte said. He remarked that the dog was very strong.

This incident wasn’t reported to the sheriff’s office.

Witte said both she and another neighbor complained to Grable about the dog. She said he did nothing, though, and allowed the dog to remain.

Witte said she was so scared of the pit bull that she didn’t have a birthday party in her yard out of fear that someone would be attacked. She thinks more should have been done to protect her and her neighbors.

“There were a lot of missteps,” said Witte, who now lives in Akron. “I was trying to get the dog out of there.”

Grable said he told Trippett that she needed to do something about her pit bull.

“I told her, ‘Get rid of it or get insurance for it,'” Grable said. “She never did anything about it. I never forced it.”

Palmer blacks out during attack that lasts nearly 15 minutes

Palmer, who isn’t married and has two kids, moved into a house on Warren Drive at the beginning of the summer of 2021.

Palmer said he went to Trippett’s house about 4 a.m. December 20, 2022, when she asked to borrow $20. He said he was wary about her pit bull but she had always put the 100-pound dog in a back bedroom when he’d visited before.

Here’s what happened next, according to Palmer, witness reports and police body-worn camera footage:

Palmer knocked and Trippett told him to come in.

When Palmer opened the door, the pit bull pounced, dragging him into the yard. Trippett tried to get her dog to stop by hitting it with a broom. This didn’t help.

The dog grabbed Palmer’s pant leg as he tried to spin around and hit it. It grabbed his pant leg again and he hit it on top of its nose.

Palmer fell to the ground and tried to bear hug the dog. It pulled him to the ground several times while he yelled at Trippett to get her “f—— dog!”

Witte heard the commotion and asked Palmer if he needed help. He asked her to call 911.

Witte thought about hitting the dog with a shovel but was afraid it would turn on her. She went inside and called 911, screaming, “Please come!” to the dispatcher.

Palmer tried to climb in a pickup truck in the driveway, but the dog pulled him back down.

Palmer blacked out when the dog bit him on the right hand and was then in and out of consciousness.

“I don’t remember it biting off my finger, biting off my ears,” he said. “It’s not like I looked down and said, ‘My fingers are gone.’”

When Deputy Nick DiSabato arrived, the dog was still mauling Palmer.

“Get the dog off this guy!” Witte shouted.

DiSabato shot the dog and it yelped, then ran around the front of the house. The deputy shot the dog twice more.

“Dog’s down!” DiSabato said into his radio, then added that Palmer needed an ambulance for dog bites all over his body.

Deputies attempted to provide Palmer with first aid until paramedics arrived.

“We’re here, alright?” a deputy said to Palmer, whose body was surrounded by blood in the snow.

The deputy urged Palmer to stay still.

“Please, please, please!” Palmer pleaded. “Oh my God, please!”

Paramedics arrived, put Palmer on a gurney and headed to Summa Akron City Hospital.

Palmer endures surgeries and PTSD after attack

Palmer woke up in the hospital with a deputy standing at the end of his bed. It was Christmas Eve, four days after the attack.

Palmer was in the hospital for 20 days and then transferred to a skilled nursing facility where he stayed for several weeks.

Palmer has so far had seven surgeries and his doctors say he needs at least five or six more. He said he has PTSD and the surgeries have been difficult.

“My mental health things happening slowed everything down,” he said.

Palmer is still missing part of his nose and parts of both his ears, as well as both his thumbs and a finger on his right hand. He said the loss of his thumbs and finger makes it difficult to pick things up. If he drops something at the store, such as coins, he just leaves them.

Palmer has been living with his mother in his childhood home in Lakemore but she has a 180-pound Rottweiler, which is difficult because he’s now frightened of dogs, and particularly large ones. He often sleeps on friends’ couches.

Palmer, who was a machinist, hasn’t been able to work since the attack. His medical expenses have been paid by Ohio Medicaid, a state and federally funded health plan for low-income and disabled Ohioans.

Palmer no longer socializes with many people. When people come to his mother’s house to see him, he sometimes doesn’t answer the door.

“My life’s changed,” he said. “Totally. 100%.”

Palmer thinks a younger person or a much older person likely wouldn’t have survived this attack. He said dogs – and not just pit bulls – should be taken seriously.

“I don’t think anybody should have to go through it,” he said of his attack.

Pit bull owner isn’t charged 

Trippett, the pit bull’s owner, gave a different account to sheriff’s deputies of what happened before Palmer’s attack.

She said Palmer came to her house to help paint, but, when he got there, knocked one time, opened the door and walked in.

She said Palmer didn’t give her time to answer the door and shouldn’t have just walked in, according to a sheriff report.

Deputies saw a roller and other paint materials in the front yard, according to the report.

Palmer, though, told deputies he went to Trippett’s house to loan her money. He said she invited him in and the dog attacked when he tried to enter.

Assistant Summit County Prosecutor Felicia Easter declined to file charges because of the conflicting statements. She also noted that the dog hadn’t been deemed vicious by Green, according to the report.

Palmer sues dog owner and landlord

Palmer filed a negligence lawsuit in May 2023 against Trippett and Grable in Summit County Common Pleas Court.

The suit said Palmer has serious, permanent and substantial physical injuries, including physical deformity. He has suffered pain and suffering, health care expenses, loss of income, a diminished capacity to earn income, and emotional distress and anxiety, according to the complaint.

Grable denied all the allegations. He is representing himself because he has been unable to find an attorney, though he has talked to a dozen. He said he feels bad about what happened to Palmer but doesn’t understand why he’s being blamed.

“How can somebody be guilty of something I had nothing to do with?” he asked.

Grable said he has no liability insurance.

“Who’s got the money for that?” he asked.

Grable filed a motion to dismiss the lawsuit in August 2023, which was denied. He claimed the pit bull attacked Palmer because Palmer was trespassing. He also claimed the dog “has never shown any signs of being dangerous,” which is contradicted by reports and neighbors’ accounts.

Trespassing is one of the defenses that can be offered by someone being sued in a dog bite case.

Trippett was dismissed from the lawsuit in February 2024 without prejudice, which means the suit against her could potentially be refiled, according to court records.

Dylan Statler, Trippett’s Akron attorney, said this “was a very traumatic thing for her.”

“At this time, she’s not wanting to speak about this matter,” Statler said.

The case against Grable was set for a jury trial on March 10 in Judge Mary Margaret Rowlands’ courtroom, but this was delayed and a new trial date hasn’t yet been set.

Students’ right to privacy is limited in public schools, random searches of lockers/contents permissible under the 14th Amendment…

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Attorney David Betras
BKM Managing Partner David Betras

To the relief of parents and the chagrin of students, summer is over and a new school year has begun. That makes this an opportune time to convene another session of Professor Dave’s Shade Tree Legal Academy. During today’s lecture I will discuss whether the law allows public school teachers and administrators to search students and their property. It’s a fascinating topic that involves the Fourth Amendment, a landmark Supreme Court decision, and state statutes.

Class is about to begin so please no gum chewing, turn off your cell phones and handheld devices, and, as usual, there will not be quiz or test on this material because Professor Dave doesn’t have time to grade them.

Let’s begin our exploration of the topic with a look at the Fourth Amendment which states in part: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated…” For years various state and federal courts reached various conclusions regarding the applicability of the Amendment to public schools. The issue finally was resolved in 1985 when the U.S. Supreme Court handed down its landmark ruling in New Jersey v. T. L. O.

The case revolved around TLO, a 14-year-old New Jersey high school student who was caught smoking in a school bathroom by a teacher. The teacher escorted TLO to the school office where she was questioned by assistant vice principal Theodore Choplick. During the questioning, the student denied that she had been smoking and said she “did not smoke at  all.” At that point, Mr. Choplick demanded to see her purse, opened it and found a pack of cigarettes and rolling papers. He continued to search the purse and found a small amount of marijuana and a list of students to whom she had sold pot. The police were called and TLO was eventually found to be delinquent by a juvenile court judge and placed on probation for one year.

During the juvenile court proceeding TLO filed a motion to suppress the evidence found in her purse because the search had violated the Fourth Amendment. The juvenile court judge denied the motion because Choplick “had reasonable cause to believe that smoking, a violation of school policy, had occurred” TLO’s appeal of the juvenile judge’s ruling was rejected by the New Jersey Superior Court. The New Jersey Supreme Court then ruled that Choplick’s search of TLO’s purse had violated the prohibition against unreasonable search and seizure and reversed the decision. The state then appealed the case to the U.S. Supreme Court.

In a 6-3 decision authored by Justice Byron “Whizzer” White, the Court ruled that students were protected by the Fourth Amendment. Unfortunately for TLO, the justices also held that in the interest of maintaining order and discipline, officials could search students in a public school environment without a warrant or meeting the probable cause standard that applies to adults as long as they had a “reasonable suspicion” to believe a rule or law had been violated. Because she had been caught smoking in the bathroom and taken directly to the office, the justices found it was reasonable to assume she had cigarettes in her purse which, in turn, gave the vice-principal reasonable cause to search the purse.

Voila, a new precedent—and the basis for laws and regulations that govern searches in public schools was born.

What does that mean for Ohio students? It means that under ORC 3313.20  a principal may search any pupil’s locker and its contents if they reasonably suspect that “…the locker or its contents contains evidence of a pupil’s violation of a criminal statute or of a school rule;”

In addition, the statute permits the random search of all lockers and contents at any time provided the school has posted signs in conspicuous places that notify students that all lockers are the property of the board of education. In this situation neither the Fourth Amendment nor the “reasonable suspicion” standard apply. Bottom line: if that notice is posted in your school don’t put anything in your locker you don’t want a teacher or principal to find.

The reasonable suspicion standard also applies to searches of desks, backpacks, and cars parked on school property. One exception: the Ohio Supreme Court has ruled that the standard does not apply to searches of unattended backpacks.

The standard does not apply when students do not have a reasonable expectation of privacy, i.e. items that are in plain view, school property such as computers, including laptops owned by the school that students are permitted to take home. Student activity on school internet networks and the browsing/download histories are also subject to search and review.

While the rules that apply to public schools may seem to invite invasion of students’ privacy, the rules that apply to private schools are even more draconian because, for all intents and purposes, privacy protections exist do not exist.

So there you have it class—understanding your rights, or lack thereof, will help you avoid trouble. And, oh, by the way, you don’t have to worry about Professor Dave searching your locker or electronic devices, I respect the Fourth Amendment and anyway, I just don’t have the time.

What you need to know about Ohio’s new consumer fireworks law–aside from the fact that it actually makes sense…

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If there is one thing I’ve learned during my three decades as an attorney, it’s that laws don’t always make sense. As an example, I offer into evidence, the Ohio statute that governed the purchase and use of consumer-grade fireworks by private citizens from 2008 until 2022. During that time, you or I could walk into a licensed fireworks dealer on July 4, buy a carload of what are known as 1.4G fireworks, and then swear we were going to transport our arsenal out of state within 48 hours because it was illegal to discharge them within the state.

Attorney David Betras
BKM Managing Partner David Betras

This law was ridiculous for two reasons: first, it forced Ohioans who wanted to celebrate Independence Day by firing off some fireworks in their backyard to lie and commit a crime which was more than a little ironic and absolutely un-American, and, second, it was, for all intents and purposes, unenforceable, a fact underscored by the billions of dollars in consumer pyrotechnics that lit up Ohio’s night skies and scared Ohio’s dogs each and every Fourth—prohibition or no prohibition.

After numerous attempts to erase the law and government-mandated ruse from the books, the fine folks who inhabit the Ohio House and Senate passed HB 172 by overwhelming margins on November 4, 2021. One provision of the bill which became effective on July 1, 2022 eliminated the requirement that Ohioans hightail it out of the state to demonstrate their patriotism. As a result, we are now free to shoot off roman candles, skyrockets, sparking wheels, seven-shot Beastlys, and 10-ten shot Cherry Bombers from the comfort of our homes.

In addition to permitting the use of consumer fireworks within Ohio’s borders, HB 172 also established regulations for doing so—you know rules we didn’t need when we were buying 36-shot China Dragons here and shooting them off in, I guess Pennsylvania or West Virginia. Because the law is relatively new, and the Fourth of July is rapidly approaching I thought it would be beneficial to review the rules:

Let’s start with when we can fire away:

From 4 PM to 11 PM on:

  • From 4 PM to 11 PM on July 3, 4, and 5, and the Friday, Saturday and Sunday immediately before and after the 4th.
  • From 4 PM to 11 PM on Memorial and Labor Day weekends
  • From 4 PM to 11:59 PM on New Year’s Eve and 12 AM to 1:00 AM and 4 PM to 11 PM New Year’s Day
  • From 4 PM to 11 PM on Chinese New Year
  • From 4 PM to 11 PM on Cinco de Mayo
  • From 4 PM to 11 PM on Diwali, the Hindu Festival of Lights which falls on November 12 this year.
  • From 4 PM to 11 PM on Juneteenth.

Next let’s talk about where.  You can light up the night from your own property or another person’s if the owner has given you express permission. Oh, and you can’t fire them off indoors, so no shooting Roman Candles at your siblings or friends if you’re in the kitchen or living room. You also may not discharge fireworks within 150 feet of property housing livestock unless the owner of the property is given five days’ notice. I guess that will give the livestock owner time to sedate the animals. 

Who is important. No one under the age of 18 and no person under the influence of any intoxicating liquor, beer, or controlled substance may discharge fireworks.

Finally, let’s not forget that fireworks can be dangerous if they are mishandled or used carelessly. According to a report issued by the Consumer Product Safety Commission 11,500 fireworks-related injuries were treated in U.S. hospitals in 2021. Not surprisingly, the vast majority of the injuries occurred between June 18 and July 18. To make sure your holiday isn’t marred by an accident, please follow these safety tips as you celebrate America’s 257th birthday:

  • Never allow young children to handle fireworks.
  • Anyone using fireworks or standing nearby should wear protective eyewear.
  • Never hold lit fireworks in your hands.
  • Only use fireworks away from people, houses, and flammable material.
  • Do not try to re-light or handle malfunctioning fireworks.
  • Soak both spent and unused fireworks in water for a few hours before discarding.
  • Keep water or a fire extinguisher nearby to fully douse fireworks that don’t discharge or in case of fire.

Thanks for taking the time to check out this week’s blog and Happy Fourth to you all.

BKM Managing Partner David Betras admitted to Florida Bar and is now officially licensed to practice in law in Florida

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Betras, Kopp & Markota (BKM) one of the region’s leading personal injury and complex litigation law firms, is pleased and proud to announce that Managing Partner David Betras is now officially licensed to practice law in the state of Florida. While Atty. Betras will continue to spend most of his time at the firm’s headquarters in Canfield, he will travel to BKM’s Tampa office to consult on cases and represent clients when the need arises.

Attorney David Betras
BKM Managing Partner David Betras

The BKM co-founder’s admission to the Florida Bar is the final step in what he describes as a long and arduous journey that began during the COVID-19 pandemic. “Brian Kopp has been urging me get my Florida license for years, but I simply didn’t have the hundreds of hours I knew it would take to study for and pass the bar exam,” Betras said. “Then the COVID lockdowns hit and suddenly I had plenty of time, so I began studying longer and harder than I had at any time since I graduated from law school 37 years ago.”

Hitting the books, or in this case, his laptop, paid off. Betras was notified in the summer of 2021 that he had passed the exam. That good news was tempered by the knowledge that he had to study for and pass a test on legal ethics, complete and submit a monstrous 600-page application, , and answer questions about his career and tenure as a member of the Mahoning County Board of Elections at an in-person hearing. He cleared every hurdle and was granted his Florida license on (insert date).

Betras said he has been energized by the process and the prospect of collaborating with BKM’s outstanding Tampa team which along with Brian Kopp includes attorneys Christopher Knopik and Douglas Titus. “I’m eager to put my experience, expertise, knowledge and insight to work for our existing Florida clients,” he said. “And now that I’m licensed and can raise my profile I’m sure we’ll be able to attract new clients from among the thousands of Valley natives who now live or winter along the Suncoast and recognize and respect our firm.”

“I want to emphasize that I will not be moving to Florida, reducing my case load, or retiring,” Betras said. “I love practicing law as much today as I did when I passed by first bar exam, I’m excited about having a new place to utilize my skills, and I thoroughly enjoy having the opportunity to work with the attorneys and staff who make BKM an exceptional firm.”

“If I have my way, I’ll still be doing what I do every day, fighting to secure justice for our clients, for at least another 20 years.”

Betras, Kopp & Markota will provide information, answer questions about Norfolk Southern derailment, fire, and toxic chemical release at public meeting on Thursday, February 16

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Attorney David Betras, managing partner of Betras, Kopp and Markota, will conduct a public meeting on Thursday, February 16, 2023 to provide information and answer questions about the the Norfolk Southern train derailment, fire, and subsequent release of toxic chemicals that endangered people living in East Palestine, Ohio, eastern Ohio, and western Pennsylvania. The meeting will be held at the Shale Restaurant, 40964 State Route 154 in Lisbon, Ohio from 10:30 AM to Noon.

“Our office has been inundated with calls and messages from frightened, worried, and outraged residents since the derailment occurred,” Atty. Betras said. “People are confused about what they should do, whom they should trust, and what steps they should take to protect themselves, their families, businesses, and their legal rights. We’ll answer those questions and provide sound advice during the meeting.”

Attorney Betras urged people living in and within a 50-to-60-mile radius of East Palestine to attend the session because they have been exposed to the toxic brew of dangerous chemicals that were spewed into the air and spilled onto the ground and into the nearby streams and rivers as a result of crash. “We know that cars being driven in the rain 70 miles from the crash site have been covered in foul-smelling residue, that people getting on the Ohio turnpike in North Lima just two days ago reported feeling dizzy and light-headed, and that fish have been dying in the area streams and rivers,” Atty. Betras said. “Everyone in the region should be extremely cautious as the investigation of the derailment and its aftermath continues.”

Caution is required because new information about the chemicals in the train’s tank cars is being revealed as the inquiry by federal officials continues. “Initially, the main concern was vinyl chloride and its toxic components that were emitted into the air in large plumes of smoke during a controlled release,” Atty. Betras said. “Now we have learned that some of the cars were carrying other dangerous and potentially cancer-causing substances that were released into the air, ground, and water after the crash. Exposure to all these chemicals clearly presents a health risk to residents of this region.”

Residents and business owners should also exercise caution when dealing with either Norfolk Southern or the class action law firms that have descended on the area in the days after the crash. “According to reports, representatives of Norfolk Southern, a company worth $55 billion, are going door-to-door in East Palestine offering people small checks to defray their expenses,” Betras commented. “Everyone should carefully examine any papers or forms they are given to ensure they are not signing away their rights to sue the railroad in the future.”

“The same warning applies to representation agreements being circulated by out-of-town law firms,” he continued. “They are here to round up clients and as soon as they do, they’ll be gone and unreachable. There is no need to retain counsel before a more complete picture of exactly what happened and how it will impact people in the future emerges.”

Betras said the BKM legal team will not jeopardize the case by rushing into court. “We will thoroughly review the law and legal precedents, study the facts as they become available, and assess the potential damages before we file what would most likely be a federal class action lawsuit. One thing is certain, however, if we do file our clients will be able to reach us 24-7, 365 because we practice and live in this community.”

“Damages in cases involving environmental disasters like this go beyond the impact it has on health, lost wages, and loss of business income,” Betras noted. “For example, according to a US EPA study, incidents that cause property damage, evacuations, or shelter-in-place orders lead to a significant decrease in home values that cost families thousands of dollars. People concerned about the long-term impact of the spill may leave the area which will have a negative impact on businesses. The potential losses could reach into the tens of millions of dollars.”

Betras said his firm’s legal team, which has secured numerous multimillion dollar awards from Fortune 500 companies is more than capable of taking on Norfolk Southern. “The National Transportation Safety Board has identified the cause of this disaster,” he said. “NS is responsible for this dangerous situation and should be held accountable for the damage they have done to our families, our communities, and our environment. We look forward to discussing all the options available to residents of the region on Thursday.”

Clients will be accepted during the meeting.

For more information please contact Atty. David Betras at 330-503-9696. 

An important alert from Betras, Kopp & Markota to residents of East Palestine…Contact us Today at 330-746-8484. We are here to protect you, your family, and your legal rights!

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An important alert from Betras, Kopp & Markota to residents of East Palestine…Contact us Today at 330-746-8484. We are here to protect you, your family, and your legal rights!

As you know, the fire that engulfed a derailed Norfolk & Southern freight train forced many East Palestine residents to flee their homes as First Responders work furiously to put out the blaze and contain dangerous chemicals that are leaking into the air and ground.

According to the National Transportation Safety Board, 20 of the 50 cars derailed were carrying hazardous materials including 12 loaded with Vinyl Chloride a colorless gas listed as a cancer-causing substance. Exposure to this or the other as yet undisclosed chemicals spilled in the derailment may cause short and long-term health risks. According to latest estimates more than 100,000 gallons or 1,000,000 pounds of highly toxic vinyl chloride has been spewed into the ground, air, and water in and around the crash site. Authorities were videoed scooping dead fish from rivers and streams in the area: https://twitter.com/i/status/1625196072179011585

Business owners located near the derailment were forced to close, people unable to get to work will lose pay, and residents forced to leave their homes incurred a number of costs.

If you or someone you know lives in East Palestine, we urge you to contact us today to discuss your situation. We are here to provide sound advice and protect your rights. You can reach us at 330-746-8484 or messaging us on Facebook.

One important note: representatives of Norfolk & Southern set up a family assistance center in East Palestine. Please do not sign any release or forms given to you by the railroad or their insurance companies–you could be signing away your right to the compensation you and your family needs and deserves.

We also urge you not to sign representation agreements with out-of-town law firms. BKM has represented the residents of this area for more than 30 years. We are your friends and neighbors. We know the courts and we know how to win–our firm has secured numerous multi-million verdicts and settlements from Fortune 500 companies like NS.

We are here for you today and we will be here for you long after the out-of-town firms are gone. Our only goal is to hold Norfolk Souther accountable for their actions–actions that will endanger the people of this region for years to come.

Stay safe, our thoughts and prayers are with you and remember, we are here to help.

BKM’s Number One Rule About DUI: Don’t Do It.

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It’s the hap-happiest season of all

With those holiday greetings and gay happy meetings
When friends come to call
It’s the hap-happiest season of all

Attorney David Betras
BKM Managing Partner David Betras

Andy Williams is right. This is the hap-happiest season of all unless one of the friends who comes to call drinks too much, gets in their car, and drives away. That is when the most wonderful time of the year can become the most dreadful and tragic time of your life.

During my legal career I have represented hundreds of clients who have been charged with Operating a Motor Vehicle while Impaired. While every case is different, I have formulated one hard and fast rule about drinking and driving based on my experience:

Do not do it. You could kill yourself. You could kill someone else. You could go to jail. You will spend lots and lots of money trying to stay out of jail.

I could and probably should stop right there, but I will continue because I know a lot of people will violate the Betras Rule between now and New Year’s Day. With that fact in mind, here are the steps you should take when blue and red lights are flashing in your rearview mirror because you did not listen to your old buddy Dave.

First things first: within moments of pulling you over the police officer will approach your car, stick his or head through your window, shine a flashlight in your eyes, ask for your license and registration, and then pose some variation of the $64,000 question: “Have you been drinking?”

Now, pay attention, this is very important: you do not have to answer that or any other question. Tell the officer you are asserting your Constitutional right to remain silent. In short, shut up.

Unfortunately, most people do not exercise this fundamental right. Instead, they say “Well, officer, I only had a couple of beers.” I have no idea why folks believe those are magic words that will make the cop disappear when the phrase is actually an incantation that makes driver’s licenses and thousands of dollars disappear. Uttering those words gives the officer probable cause to proceed so please do not say them or anything else.

While you are not required to answer questions, you must exit your vehicle if directed to do so. If you refuse, the officer has the right to exit you, forcibly if need be, thanks to the Supreme Court’s decision in Mimms v Pennsylvania. This is not a point to be argued, especially on the side of the road. If the officer asks/orders you to get out of your vehicle, do it.

You may also be asked to submit to a field sobriety test. You can and should refuse because you are not obligated to incriminate yourself. You may also be asked to blow into a breathalyzer in the field or at a police station. This is where things get complicated. You have the right to refuse to take the test, but doing so triggers an automatic one-year license suspension. On the other hand, if you take the test and your blood alcohol content (BAC) is .08 or higher you stand a very good chance of being convicted of OVI.

Which means there is only one answer to the “blow or no blow” question: Abide by the Betras Rule and do not drink and drive. Sleep it off. Call an Uber. Call a friend. Call your dad even if it means you will get yelled at. Believe me, I am a dad, I would rather drive to a party to pick up my inebriated kid than drive to the morgue to identify his body.

Think about that the next time you think about getting behind the wheel after you have had a few because a few is always too many.

Jury finds that 20-year-old died as a result of medical negligence. Betras, Kopp & Markota secures $2,000,000 wrongful death award for family of Megan Clay

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Attorney David Betras files civil suit against Cameron Morgan’s attacker, vows to hold white supremacists accountable for racially motivated assault

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Cameron Morgan, the 23-year-old woman who was brutally assaulted by David Walls in Akron, Ohio on Feb. 28, 2022, is suing her attacker. The incident garnered nationwide media attention after video of the racially motivated assault went viral. Attorney David Betras, who represents Ms. Morgan and her father David, filed the lawsuit in Summit County […]

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