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  Attorney Claims Man With Loaded Handgun (One In The Chamber) Did Not Pose A Threat When He Fled From Police, Was Tased And Arrested After Passing Fake $100 Bill Given To Him By A Friend  
  April 22, 2021 Edition  
     Mar. 30, 2020: Dominique O’Neal King, also known as Malcom Beattee, 28, of 137 Jean St., Campbell, Oh., was arrested by Ptl. Daryn Tallman, Ptl. Shannon Chaffee and Ptl. Shawn McClellan and charged with criminal simulation, robbery, felony drug abuse, obstruction, resisting arrest, carrying a concealed weapon and having a weapon under a disability. Police were sent to the Speedway gas station, 649 East Midlothian Blvd., for a person trying to pass a phony $100 bill. Police said during their investigation, the “suspect lied about his identity, then fled on foot after he was told he was under arrest. After a short foot pursuit, the suspect was taken into custody after he was tased and dropped to the ground.” A loaded handgun fell out of his waistband while police were
      handcuffing him. Police found hypodermic needles and a scheduled drug on the
      suspect’s person.
      From an official Boardman Police Department report of Mar. 30, 2020
      associate editor
      Dominique King, now 29, of 838 Ohio Ave., Youngstown, Oh., has filed suit seeking a jury trial seeking upwards of $300,000 in compensatory damages, as well as punitive and exemplary damages stemming from his Mar. 30, 2020 arrest by Boardman police at a Speedway gas station on East Midlothian Blvd.
      The suit, filed by Atty. Nomiki Tsarnas, of Kistling, Nestico and Redick in Poland, Oh., says that King, “continues to suffer from the harms” that resulted from his arrest. He is still awaiting a trial on charges of robbery, having weapons under a disability, carrying a concealed weapon, felony possession of drugs, counterfeiting, falsification, escape, resisting arrest and obstruction stemming from his arrest.
      King was bound over to a Mahoning County Grand Jury by Boardman Court Judge Joseph Houser on Oct. 27,2020.
      “Testimony and exhibits introduced caused the belief the crime alleged has been committed,” Judge Houser said on Oct. 27. King bonded out of jail ($1,500) the following day, according to court records.
      Atty. Tsarnas claims in the complaint that King did not pose any threat to (police), and the police “were unaware King possessed a weapon until he was loaded into an ambulance.”
      Tsarnas also claims police violated use of force guidelines “by utilizing a taser on King while engaged in a pursuit for a non-violent crime” and should have known using a taser “should result in pain and harm to King.” Tsarnas claims the use of force was “excessive.”
      Counsel for King says after he passed a fake $100 bill at Speedway, he told police he had “received multiple counterfeit bills as payment from a friend.” Tsarnas said King did not realize the $100 bill was a fake.
      Tsarnas says police followed him to his car at Speedway “preventing him from leaving,” and that as King “walked eastwards,” he was struck with a taser and thrown against the pavement, causing multiple injuries, including fractures to his clavicle, a fracture to his spine and brain bleeding.
      Counsel for Tsarnas claims “this excessive force and the injuries to the bodily integrity was the result of the deliberate indifference” of police as well as “policymakers (who) failed to adopt, maintain and enforce adequate policies, procedures and training.”
      Tsarnas says the court action was brought “for battery and violation of [King’s] rights of procedural due process, equal protection and against cruel and unusual punishment guaranteed under the Fourth, Eighth and Fourteenth Amendments of the Constitution of the United States,” and claiming King has suffered serious and permanent physical injuries as a result of this excessive force.”
      March 30, 2020
      At 9:22 p.m., two Boardman police officers were dispatched to Speedway Gas, 649 East Midlothian Blvd., to assist in dealing with a man who had just passed a phony $100 bill at the business.
      The suspect told police his name was Malcolm Beattee, and he had recently moved to Campbell, Oh. from Indianapolis, Ind.
      According to Officer Daryn Tallman, King said he had no idea that $100 bill was not real.
      “A friend of mine owed me $150, so he gave me two, $100 bills and I gave him $50 back,” King told police, noting his friend lived in Brownlee Woods. The friend, according to police, was a possible suspect in passing a fake $100 bill on Mar. 19 at Wedgewood Pizza, 6200 South Ave.
      “We were initially going to take pictures of King, confiscate the fake $100 bills and write a report so criminal simulation charges could be filed,” Officer Tallman said, adding “and then release him on a summons after soft-booking at the scene.”
      Officer Tallman said once this was explained to King, he “began to get visibly agitated, repeatedly saying how he had to get to work at the Schwebel Baking Co. before 10:00 p.m., or he would lose his job.
      “We told him he would be released as soon as possible, and I would escort him to work to explain to the manager why he was late.”
      King was being escorted by police to a cruiser, when he said he had to get his phone out of his truck.
      “I explained to him that he could get his phone after we were done, and he was now under arrest and to comply.
      “At this time, King ran on foot...through the lot and was reaching into the right side of his waistband. I attempted to grab onto King, but he was able to get past my grasp,” Officer Tallman said, adding “Police gave chase and yelling several times, ‘Stop or you’ll be tased.’”
      A first taser was fired at King, but had no effect,” Officer Tallman said, noting that King continued to run, despite warnings he would be tased.
      A second taser was fired at King and he fell to the ground, striking his head on the paved lot, Officer Tallman said.
      “We got to King and began handcuffing him when a silver, semi-automatic handgun fell out of the right side of his waistband,” Officer Tallman said, noting the weapon had eight bullets loaded into the magazine, as well as one round in the chamber.
      A rolled-up white sock tucked into King’s underwear waistband contained several hypodermic needles, and a single pill of a scheduled drug, alprazolam, was found in his right sock, Officer Tallman said.
      At this point, King told police his real name, and as police noted, another hypodermic needle was found in his left jacket pocket.
      King was then transported to St. Elizabeth Hospital in Youngstown.
      King was found to be driving a pick-up truck owned by a female. When the woman was asked if King worked at Schwebel’s. “She laughed and said ‘no,’” Officer Tallman said, adding the woman said King “is known to use his brother’s information when he gets into trouble.”
      At the time of his Mar. 30, 2020 arrest, police were told King had three active warrants on him---One for failing to appear on a traffic offense issued out of Campbell; one for failing to appear on a disorderly conduct charge issued out of Geneva, Oh,; and another for theft, issued out of Youngstown.
      “King’s criminal history revealed that he had a felony drug conviction (possession of heroin), that elevated his charge for possession of the alprazolam pill to a fifth degree felony; and a charge of possession of drug abuse instruments to a first degree misdemeanor; and placed King under a disability to possess a weapon,” Officer Tallman said.
      Possession of Heroin
      In late 2011, King was charged with possession of heroin. In Aug., 2013, he was found guilty of the charge
      Judge John Durkin sentenced King to 10 months in prison on the charge, noting “The court finds that King is not amenable to community control and a prison sentence is consistent with the Ohio Revised Code.”
      King was represented in the case by a lawyer appointed at public cost. Becasue of his indigency, Judge Durkin suspended any fines and costs related to the case.
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