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SHOOT-OUT 
IN  CLEVELAND 


BLACK  MIL 
AND  THE  ' 


JULY  2 


It  STAFF  REPORT  TO  THE  NATIONAL 
COMMISSION  ON  THE  CAOSES  AND 
PREVENTION  OF  VIOLENCE 

PREPARED  BY 
Louis  H.  Masotti  &  Jerome  R.  Corsi 


1 


A  STAFF  REPORT 
NOT  A  REPORT 
OF  THE 
COMMISSION  ȣi 


AT* 


The  White  House 
June  JO,  1968 
EXECUTIVE  ORDER  #11412 

ESTABLISHING  A  NATIONAL  COMMISSION  ON 
THE  CAUSES  AND  PREVENTION  OF  VIOLENCE 

By  virtue  of  the  authority  vested  in  me  as  President  of  the  United  States,  it 
is  ordered  as  follows: 

SECTION  1.  Establishment- of  the  Commission,  (a)  There  is  hereby 
established  a  National  Commission  on  the  Causes  and  Prevention  of  Violence 
(hereinafter  referred  to  as  the  "Commission"). 

(b)     The  Commission  shall  be  composed  of: 

Dr.  Milton  Eisenhower,  Chairman 
Congressman  Hale  Boggs 
Archbishop  Terence  J.  Cooke 
Ambassador  Patricia  Harris 
Senator  Philip  A.  Hart 


Judge  A.  Leon  Higginbotham 
Eric  Hoffer 


Senator  Roman  Hruska 
Albert  E.  Jenner,  Jr. 
Congressman  William  M.  McCuDoch 
*Dr.  W.  Walter  Menninger 
•Judge  Ernest  William  McFarland 
*Leon  Jaworski 


SECTION  2.  Functions  of  the  Commission.  The  Commission  shall 
investigate  and  make  recommendations  with  respect  to: 

(a)  The  causes  and  prevention  of  lawless  acts  of  violence  in  our  society, 
including  assassination,  murder  and  assault; 

(b)  The  causes  and   prevention  of  disrespect   for  law  and  order,  of 
disrespect  for  public  officials,  and  of  violent  disruptions  of  public  order  by 
individuals  and  groups;  and 

(c)  Such  other  matters  as  the  President  may  place  before  the  Commis- 
sion. 

SECTION  4.  Staff  of  the  Commission. 

SECTION  5 .  Cooperation  by  Executive  Departments  and  Agencies. 

(a)  The  Commission,  acting  through  its  Chairman,  is  authorized  to 
request  from  any  executive  department  or  agency  any  information  and 
assistance  deemed  necessary  to  carry  out  its  functions  under  this  Order.  Each 
department  or  agency  is  directed,  to  the  extent  permitted  by  law  and  within 
the  limits  of  available  funds,  to  furnish  information  and  assistance  to  the 
Commission. 

SECTION  6.  Report  and  Termination.  The  Commission  shall  present  its 
report  and  recommendations  as  soon  as  practicable,  but  not  later  than  one 
year  from  the  date  of  this  Order.  The  Commission  shall  terminate  thirty  days 
following  the  submission  of  its  final  report  or  one  year  from  the  date  of  this 
Order,  whichever  is  earlier. 

S/Lyndon  B.  Johnson 
*Added  by  an  Executive  Order  June  21 ,  1968 


The  White  House 

May  23,  1969 
EXECUTIVE  ORDER  #11469 


EXTENDING  THE  LIFE  OF  THE  NATIONAL  COMMISSION 
ON  THE  CAUSES  AND  PREVENTION  OF  VIOLENCE 

By  virtue  of  the  authority  vested  in  me  as  President  of  the  United  States, 
Executive  Order  No.  1 1412  of  June  10,  1968,  entitled  "Establishing  a  National 
Commission  on  the  Causes  and  Prevention  of  Violence,"  is  hereby  amended 
by  substituting  for  the  last  sentence  thereof  the  following:  "The  Commission 
shall  terminate  thrity  days  following  the  submission  of  its  final  report  or  on 
December  10, 1969,  whichever  is  earlier." 

S/ Richard  Nixon 


SHOOT-OUT  IN  CLEVELAND 


BLACK  MILITANTS  AND  THE  POLICE: 


San  Francisco,  California 
2006 


From  the  collection  of  the 

»R 

v    J-Jibrary 


May  1969 


For  sale  by  the  Superintendent  of  Documents,  U.S.  Government  Printing  Office 
Washington,  D.O.  20402  -  Price  75  cents 


The  White  House 

June  JO,  1968 
EXECUTIVE  ORDER  #11412 

ESTABLISHING  A  NATIONAL  COMMISSION  ON 
THE  CAUSES  AND  PREVENTION  OF  VIOLENCE 

By  virtue  of  the  authority  vested  in  me  as  President  of  the  United  States,  it 
is  ordered  as  follows: 

SECTION    1.  Establishment- of  the  Commission,  (a)  There  is  hereby 
established  a  National  Commission  on  the  Causes  and  Prevention  of  Violence 
(hereinafter  referred  to  as  the  "Commission"), 
(b)     The  Commission  shall  be  composed  of: 
Dr.  Milton  Eisenhower,  Chairman 
Congressman  Hale  Boggs 
Archbishop  Terence  J.  Cooke 
Ambassador  Patricia  Harris 
Senator  Philip  A.  Hart 


Judge  A.  Leon  Higginbothar.i 
Eric  Hoffer 


Senator  Roman  Hruska 
Albert  E.  Jenner,  Jr. 
Congressman  William  M.  McCuDoch 
*Dr.  W.  Walter  Menninger 
•Judge  Ernest  William  McFarland 
•Leon  Jaworski 


SECTION  2.  Functions  of  the  Commission.  The  Commission  shall 
investigate  and  make  recommendations  with  respect  to: 

(a)  The  causes  and  prevention  of  lawless  acts  of  violence  in  our  society, 
including  assassination,  murder  and  assault; 

(b)  The  causes  and   prevention  of  disrespect   for  law  and  order,  of 
disrespect  for  public  officials,  and  of  violent  disruptions  of  public  order  by 
individuals  and  groups;  and 

(c)  Such  other  matters  as  the  President  may  place  before  the  Commis- 
sion. 

SECTION  4.  Staff  of  the  Commission. 

SECTION  5.  Cooperation  by  Executive  Departments  and  Agencies. 

(a)  The  Commission,  acting  through  its  Chairman,  is  authorized  to 
request  from  any  executive  department  or  agency  any  information  and 
assistance  deemed  necessary  to  carry  out  its  functions  under  this  Order.  Each 
department  or  agency  is  directed,  to  the  extent  permitted  by  law  and  within 
the  limits  of  available  funds,  to  furnish  information  and  assistance  to  the 
Commission. 

SECTION  6.  Report  and  Termination.  The  Commission  shall  present  its 
report  and  recommendations  as  soon  as  practicable,  but  not  later  than  one 
year  from  the  date  of  this  Order.  The  Commission  shall  terminate  thirty  days 
following  the  submission  of  its  final  report  or  one  year  from  the  date  of  this 
Order,  whichever  is  earlier. 

S/Lyndon  B.  Johnson 
*  Added  by  an  Executive  Order  June  21 ,  1968 


The  White  House 

May  23,  1969 
EXECUTIVE  ORDER  #11469 


EXTENDING  THE  LIFE  OF  THE  NATIONAL  COMMISSION 
ON  THE  CAUSES  AND  PREVENTION  OF  VIOLENCE 

By  virtue  of  the  authority  vested  in  me  as  President  of  the  United  States, 
Executive  Order  No.  1 1412  of  June  10, 1968,  entitled  "Establishing  a  National 
Commission  on  the  Causes  and  Prevention  of  Violence,"  is  hereby  amended 
by  substituting  for  the  last  sentence  thereof  the  following:  "The  Commission 
shall  terminate  thrity  days  following  the  submission  of  its  final  report  or  on 
December  10, 1969,  whichever  is  earlier." 

S/ Richard  Nixon 


SHOOT-OUT  IN  CLEVELAND 


BLACK  MILITANTS  AND  THE  POLICE: 


A  Report  to  the 
National  Commission  on 
the  Causes  and  Prevention  of 
Violence 


by 
Louis  H.  Masotti 

and 
Jerome  R.  Corsi 


May  1969 


For  sale  by  the  Superintendent  of  Documents,  U.S.  Government  Printing  Office 
Washington,  D.C.  20402  -  Price  75  cents 


Official  editions  of  publications  of  the  National  Commission  on  the  Causes 
and  Prevention  of  Violence  may  be  freely  used,  duplicated  or  published,  in 
whole  or  in  part,  except  to  the  extent  that,  where  expressly  noted  in  the  pub- 
lications, they  contain  copyrighted  materials  reprinted  by  permission  of  the 
copyright  holders.  Photographs  may  have  been  copyrighted  by  the  owners, 
and  permission  to  reproduce  may  be  required. 

Library  of  Congress  Catalog  Card  Number:  72-60207 1 


STATEMENT  ON  THE  STAFF  STUDIES 


The  Commission  was  directed  to  "go  as  far  as  man's 
knowledge  takes  it"  in  searching  for  the  causes  of  violence 
and  means  of  prevention.  These  studies  are  reports  to  the 
Commission  by  independent  scholars  and  lawyers  who  have 
served  as  directors  of  our  staff  task  forces  and  study  teams; 
they  are  not  reports  by  the  Commission  itself.  Publication 
of  any  of  the  reports  should  not  be  taken  to  imply  endorse- 
ment of  their  contents  by  the  Commission,  or  by  any  mem- 
ber of  the  Commission's  staff,  including  the  Executive 
Director  and  other  staff  officers  not  directly  responsible 
for  the  preparation  of  the  particular  report.  Both  the  credit 
and  the  responsibility  for  the  reports  lie  in  each  case  with 
the  directors  of  the  task  forces  and  study  teams.  The  Com- 
mission is  making  the  reports  available  at  this  time  as  works 
of  scholarship  to  be  judged  on  their  merits,  so  that  the  Com- 
mission as  well  as  the  public  may  have  the  benefit  of  both 
the  reports  and  informed  criticism  and  comment  on  their 
contents. 


Dr.  Milton  S.  Eisenhower,  Chairman 


iii 


SHOOT-OUT  IN  CLEVELAND 


Co-Directors 

Louis  H.  Masotti 
Jerome  R.  Corsi 


Editorial  Consultant 
Anthony  E.  Neville 

Pictorial  Consultant 
Judith  Harkinson 


Commission  Staff  Officers 

Uoyd  N.  Cutler,  Executive  Director 

Thomas  D.  Ban,  Deputy  Director 

James  F.  Short,  Jr.,  Marvin  E.  Wolfgang,  Co-Directors  of  Research 

James  S.  Campbell,  General  Counsel 
William  G.  McDonald,  Administrative  Office 

Joseph  Laitin,  Director  of  Information 
Ronald  A.  Wolk,  Special  Assistant  to  the  Chairman 


National  Commission  on  the  Causes  and  Prevention  of  Violence 
Dr.  Milton  S.  Eisenhower,  Chairman 


iv 


PREFACE 


From  the  earliest  days  of  organization,  the  Chairman,  Commissioners,  and 
Executive  Director  of  the  National  Commission  on  the  Causes  and  Prevention 
of  Violence  recognized  the  importance  of  research  in  accomplishing  the  task 
of  analyzing  the  many  facets  of  violence  in  America.  As  a  result  of  this 
recognition,  the  Commission  has  enjoyed  the  receptivity,  encouragement,  and 
cooperation  of  a  large  part  of  the  scientific  community  in  this  country. 
Because  of  the  assistance  given  in  varying  degrees  by  scores  of  scholars  here 
and  abroad,  these  Task  Force  reports  represent  some  of  the  most  elaborate 
work  ever  done  on  the  major  topics  they  cover. 

The  Commission  was  formed  on  June  10,  1968.  By  the  end  of  the  month, 
the  Executive  Director  had  gathered  together  a  small  cadre  of  capable  young 
lawyers  from  various  Federal  agencies  and  law  firms  around  the  country.  That 
group  was  later  augmented  by  partners  borrowed  from  some  of  the  Nation's 
major  law  firms  who  served  without  compensation.  Such  a  professional  group 
can  be  assembled  more  quickly  than  university  faculty  because  the  latter  are 
not  accustomed  to  quick  institutional  shifts  after  making  firm  commitments 
of  teaching  or  research  at  a  particular  locus.  Moreover,  the  legal  profession 
has  long  had  a  major  and  traditional  role  in  Federal  agencies  and  commissions. 

In  early  July  a  group  of  50  persons  from  the  academic  disciplines  of 
sociology,  psychology,  psychiatry,  political  science,  history,  law,  and  biology 
were  called  together  on  short  notice  to  discuss  for  2  days  how  best  the 
Commission  and  its  staff  might  proceed  to  analyze  violence.  The  enthusiastic 
response  of  these  scientists  came  at  a  moment  when  our  Nation  was  still 
suffering  from  the  tragedy  of  Senator  Kennedy's  assassination. 

It  was  clear  from  that  meeting  that  the  scholars  were  prepared  to  join 
research  analysis  and  action,  interpretation,  and  policy.  They  were  eager  to 
present  to  the  American  people  the  best  available  data,  to  bring  reason  to 
bear  where  myth  had  prevailed.  They  cautioned  against  simplistic  solutions, 
but  urged  application  of  what  is  known  in  the  service  of  sane  policies  for  the 
benefit  of  the  entire  society. 

Shortly  thereafter  the  position  of  Director  of  Research  was  created.  We 
assumed  the  role  as  a  joint  undertaking,  with  common  responsibilities.  Our 
function  was  to  enlist  social  and  other  scientists  to  join  the  staff,  to  write 
papers,  act  as  advisers  or  consultants,  and  engage  in  new  research.  The 
decentralized  structure  of  the  staff,  which  at  its  peak  numbered  100,  required 
research  coordination  to  reduce  duplication  and  to  fill  in  gaps  among  the 


original  seven  separate  Task  Forces.  In  general,  the  plan  was  for  each  Task 
Force  to  have  a  pair  of  directors:  one  a  social  scientist,  one  a  lawyer.  In  a 
number  of  instances,  this  formal  structure  bent  before  the  necessities  of 
available  personnel  but  in  almost  every  case  the  Task  Force  work  program 
relied  on  both  social  scientists  and  lawyers  for  its  successful  completion.  In 
addition  to  our  work  with  the  seven  original  Task  Forces,  we  provided  con- 
sultation for  the  work  of  the  eighth  "Investigative"  Task  Force,  formed 
originally  to  investigate  the  disorders  at  the  Democratic  and  Republican 
National  Conventions  and  the  civil  strife  in  Cleveland  during  the  summer  of 
1968  and  eventually  expanded  to  study  campus  disorders  at  several  colleges 
and  universities. 

Throughout  September  and  October  and  in  December  of  1968  the  Com- 
mission held  about  30  days  of  public  hearings  related  expressly  to  each  of  the 
Task  Force  areas.  About  100  witnesses  testified,  including  many  scholars, 
Government  officials,  corporate  executives  as  well  as  militants  and  activists  of 
various  persuasions.  In  addition  to  the  hearings,  the  Commission  and  the  staff 
met  privately  with  scores  of  persons,  including  college  presidents,  religious 
and  youth  leaders,  and  experts  in  such  areas  as  the  media,  victim  compensa- 
tion, and  firearms.  The  staff  participated  actively  in  structuring  and  conduct- 
ing those  hearings  and  conferences  and  in  the  questioning  of  witnesses. 

As  Research  Directors,  we  participated  in  structuring  the  strategy  of  design 
for  each  Task  Force,  but  we  listened  more  than  directed.  We  have  known  the 
delicate  details  of  some  of  the  statistical  problems  and  computer  runs.  We 
have  argued  over  philosophy  and  syntax;  we  have  offered  bibliographical  and 
other  resource  materials,  we  have  written  portions  of  reports  and  copy  edited 
others.  In  short,  we  know  the  enormous  energy  and  devotion,  the  long  hours 
and  accelerated  study  that  members  of  each  Task  Force  have  invested  in  their 
labors.  In  retrospect  we  are  amazed  at  the  high  caliber  and  quantity  of  the 
material  produced,  much  of  which  truly  represents,  the  best  in  research  and 
scholarship.  About  150  separate  papers  and  projects  were  involved  in  the 
work  culminating  in  the  Task  Force  reports.  We  feel  less  that  we  have  orches- 
trated than  that  we  have  been  members  of  the  orchestra,  and  that  together 
with  the  entire  staff  we  have  helped  compose  a  repertoire  of  current  knowl- 
edge about  the  enormously  complex  subject  of  this  Commission. 

That  scholarly  research  is  predominant  in  me  work  here  presented  is 
evident  in  the  product.  But  we  should  like  to  emphasize  that  the  roles  which 
we  occupied  were  not  limited  to  scholarly  inquiry.  The  Directors  of  Research 
were  afforded  an  opportunity  to  participate  in  all  Commission  meetings.  We 
engaged  in  discussions  at  the  highest  levels  of  decisionmaking,  and  had  great 
freedom  in  the  selection  of  scholars,  in  the  control  of  research  budgets,  and  in 
the  direction  and  design  of  research.  If  this  was  not  unique,  it  is  at  least  an 
uncommon  degree  of  prominence  accorded  research  by  a  national  commission. 

There  were  three  major  levels  to  our  research  pursuit:  (1)  summarizing  the 
state  of  our  present  knowledge  and  clarifying  the  lacunae  where  more  or  new 
research  should  be  encouraged;  (2)  accelerating  known  ongoing  research  so  as 
to  make  it  available  to  the  Task  Forces;  (3)  undertaking  new  research  projects 

vi 


within  the  limits  of  time  and  funds  available.  Coming  from  a  university 
setting  where  the  pace  of  research  is  more  conducive  to  reflection  and  quiet 
hours  analyzing  data,  we  at  first  thought  that  completing  much  meaningful 
new  research  within  a  matter  of  months  was  most  unlikely.  But  the  need  was 
matched  by  the  talent  and  enthusiasm  of  the  staff,  and  the  Task  Forces  very 
early  had  begun  enough  new  projects  to  launch  a  small  university  with  a  score 
of  doctoral  theses.  It  is  well  to  remember  also  that  in  each  volume  here 
presented,  the  research  reported  is  on  full  public  display  and  thereby  makes 
the  staff  more  than  usually  accountable  for  their  products. 

One  of  the  very  rewarding  aspects  of  these  research  undertakings  has  been 
the  experience  of  minds  trained  in  the  law  mingling  and  meshing,  sometimes 
fiercely  arguing,  with  other  minds  trained  in  behavioral  science.  The  organiza- 
tional structure  and  the  substantive  issues  of  each  Task  Force  required  mem- 
bers from  both  groups.  Intuitive  judgment  and  the  logic  of  argument  and 
organization  blended,  not  always  'smoothly,  with  the  methodology  of  science 
and  statistical  reasoning.  Critical  and  analytical  faculties  were  sharpened  as 
theories  confronted  facts.  The  arrogance  neither  of  ignorance  nor  of  certainty 
could  long  endure  the  doubts  and  questions  of  interdisciplinary  debate.  Any 
sign  of  approaching  the  priestly  pontification  of  scientism  was  quickly  dis- 
pelled in  the  matrix  of  mutual  criticism.  Years  required  for  the  normal 
accumulation  of  experience  were  compressed  into  months  of  sharing  ideas 
with  others  who  had  equally  valid  but  differing  perspectives.  Because  of  this 
process,  these  volumes  are  much  richer  than  they  otherwise  might  have  been. 

Partly  because  of  the  freedom  which  the  Commission  gave  to  the  Directors 
of  Research  and  the  Directors  of  each  Task  Force,  and  partly  to  retain  the 
full  integrity  of  the  research  work  in  publication,  these  reports  of  the  Task 
Forces  are  in  the  posture  of  being  submitted  to  and  received  by  the  Commis- 
sion. These  are  volumes  published  under  the  authority  of  the  Commission, 
but  they  do  not  necessarily  represent  the  views  or  the  conclusions  of  the 
Commission.  The  Commission  is  presently  at  work  producing  its  own  report, 
based  in  part  on  the  materials  presented  to  it  by  the  Task  Forces.  Commission 
members  have,  of  course,  commented  on  earlier  drafts  of  each  Task  Force, 
and  have  caused  alterations  by  reason  of  the  cogency  of  their  remarks  and 
insights.  But  the  final  responsibility  for  what  is  contained  in  these  volumes 
rests  fully  and  properly  on  the  research  staffs  who  labored  on  them. 

In  this  connection,  we  should  like  to  acknowledge  the  special  leadership  of 
the  Chairman,  Dr.  Milton  S.  Eisenhower,  in  formulating  and  supporting  the 
principle  of  research  freedom  and  autonomy  under  which  this  work  has  been 
conducted. 

We  note,  finally,  that  these  volumes  are  in  many  respects  incomplete  and 
tentative.  The  urgency  with  which  papers  were  prepared  and  then  integrated 
into  Task  Force  Reports  rendered  impossible  the  successive  siftings  of  data 
and  argument  to  which  the  typical  academic  article  or  volume  is  subjected. 
The  reports  have  benefited  greatly  from  the  counsel  of  our  colleagues  on  the 
Advisory  Panel,  and  from  much  debate  and  revision  from  within  the  staff.  It 
is  our  hope,  that  the  total  work  effort  of  the  Commission  staff  will  be  the 

vii 


source  and  subject  of  continued  research  by  scholars  in  the  several  disciplines, 
as  well  as  a  useful  resource  for  policymakers.  We  feel  certain  that  public 
policy  and  the  disciplines  will  benefit  greatly  from  such  further  work. 


To  the  Commission,  and  especially  to  its  Chairman,  for  the  opportunity 
they  provided  for  complete  research  freedom,  and  to  the  staff  for  its  prodi- 
gious and  prolific  work,  we,  who  were  intermediaries  and  servants  to  both, 
are  most  grateful. 


James  F.  Short,  Jr.  Marvin  E.  Wolfgang 

Directors  of  Research 


viii 


PREFACE  1 


This  report  began  to  be  compiled  in  the  summer  of  1968,  even  before  the 
smoke  had  cleared  from  5  days  of  racial  violence  in  Cleveland.  Two  institu- 
tions shared  our  belief  in  the  national  significance  of  the  events  in  Cleveland 
and  generously  underwrote  the  study:  the  Lemberg  Center  for  the  Study  of 
Violence,  Brandeis  University,  and  the  National  Institute  of  Mental  Health, 
Washington,  D.C.  In  September,  the  National  Commission  on  the  Causes  and 
Prevention  of  Violence,  also  recognizing  the  significance  of  these  events,  lent 
support  to  the  study  and  urged  that  it  be  completed  by  November  15, 1968. 

Hundreds  of  man-hours  were  invested  in  interviewing,  research,  writing, 
and  in  safeguarding  accuracy  and  completeness  as  we  rushed  to  meet  the 
deadline.  Of  the  more  than  20  Civil  Violence  Research  Center  staff  members 
and  project  consultants,  four  deserve  our  special  commendation:  Mrs.  Robert 
Dickman,  John  Krause,  Jr.,  Mrs.  Yoram  Papir,  and  Mrs.  Robert  Bauerlein. 
They  performed  innumerable  and  often  overwhelming  administrative,  clerical, 
and  intellectual  tasks,  tirelessly  bearing  the  brunt  of  the  pressure  to  finish  the 
report.  Ellen  Cummings  lent  her  legal  expertise,  and  Timothy  Armbruster 
and  Mrs.  Jeffrey  Zerby  their  interpretive  skills;  Estelle  Zannes,  Lauren 
McKinsey,  James  Monhart,  Robert  Farlow,  Kermit  Allen,  III,  Forrester  Lee, 
and  Sharon  Dougherty  conducted  more  than  200  interviews  that  provided  the 
raw  material  for  large  sections  of  the  report.  Julie  Reinstein  provided  invalu- 
able assistance  in  the  office.  Two  of  our  colleagues  were  especially  helpful: 
Prof.  Jeffrey  K.  Hadden,  who  helped  to  initiate  and  design  the  project,  and 
Prof.  Charles  McCaghy,  who  conducted  several  key  interviews. 

Many  Clevelanders  were  exceedingly  cooperative.  Mayor  Carl  B.  Stokes, 
the  members  of  his  cabinet  and  staff;  Police  Chief  Michael  Blackwell  and  some 
police  officers;  editors  and  reporters  of  both  the  electronic  and  printed  news 
media;  the  leadership  of  Cleveland's  black  community;  Fred  (Ahmed)  Evans 
and  his  attorney,  Stanley  Tolliver;  members  of  Cleveland's  City  Council;  busi- 
nessmen of  the  Glenville  area— all  gave  generously  of  their  time  and  knowl- 
edge. Others  were  not  cooperative,  stating  that  they  could  not  divulge  infor- 
mation until  after  the  trial  of  Fred  Evans,  the  black  militant  who  was  indicted 
on  seven  counts  of  first-degree  murder  in  connection  with  the  racial  disturb- 
ances. Some  important  records,  such  as  the  tapes  of  police  radio  calls  during 
the  nights  of  violence,  were  unobtainable. 

A  draft  of  the  report  was  finished  November  15,  coincident  with  another 
report  sponsored  by  the  National  Commission  on  Violence  on  the  demonstra- 
tions in  Chicago  during  the  Democratic  National  Convention  of  1968  (the 
Walker  Report).  While  that  report  was  published  soon  thereafter,  this  one  was 
not.  An  important  difference  in  the  circumstances  was  that,  in  our  case,  the 


ix 


report  narrated  events  for  which  a  man  was  about  to  go  on  trial  for  his  life. 
The  Commission  took  the  position  that  release  of  this  report  prior  to  the  mur- 
der trial  of  Fred  Evans  (completed  on  May  12,  1969)  would  be  improper  be- 
cause— 

. . .  criminal  trials  of  some  of  the  alleged  participants  in  the  incidents 
which  are  the  subject  of  the  report  were  likely  to  begin  in  the  near  fu- 
ture. The  Commission  felt  that  the  public  interest  would  be  as  well 
served  by  postponing  release  of  the  report  until  after  the  trials,  and  this 
course  of  action  would  avoid  any  possible  interference  with  the  prose- 
cution or  defense  of  those  cases. 

The  pros  and  cons  of  pretrial  publicity  have  been  the  subject  of  much  de- 
bate. The  American  Bar  Association  and  the  legal  profession  generally  believe 
that  publicity  as  to  the  details  of  events  that  may  be  relevant  to  the  trial 
should  be  avoided,  so  that  the  jury  can  arrive  at  its  decision  solely  on  the  ba- 
sis of  the  evidence  presented  to  it  in  the  courtroom  with  full  opportunity  to 
consider  the  demeanor  of  witnesses  and  their  responses  under  cross-examina- 
tion. The  Nation's  media  urge  a  more  liberal  standard  in  the  name  of  the  con- 
stitutional freedom  of  the  press. 

The  balance  between  the  constitutional  right  to  a  fair  trial  and  the  public's 
right  to  know  is  a  difficult  one  to  strike.  It  was  the  Commission's  prerogative 
to  decide  this  policy  question  as  it  did.  Scholars  might  have  decided  it  differ- 
ently. 

Even  though  the  trial  is  now  over  and  the  verdict  is  in,  it  is  still  difficult 
for  us  to  decide  in  our  minds  what  effect  prior  publication  would  have  had  on 
the  conduct  of  the  trial  and  the  judgment  reached.  Readers  themselves  can 
judge  the  fairness  and  objectivity  of  this  report.  We  have  not  attempted,  in 
this  report,  to  pronounce  judgments  where  none  is  warranted.  Indeed,  a  fre- 
quent theme  in  this  report  is  that  many  important  questions  have  gone  un- 
answered. What  we  have  attempted  is  a  coherent  narrative  of  the  events  of 
the  fateful  evening  of  July  23,  1968,  organizing  the  details  to  facilitate  analy- 
sis, raising  questions  where  they  are  warranted,  and  mirroring  the  Shootout  in 
Cleveland  against  the  events  that  led  up  to  it  and  those  it  precipitated.  For 
jurors  during  the  Evans  trial,  a  picture  of  the  events  of  July  23  emerged  only 
through  weeks  of  testimony,  presented  in  no  logical  sequence  and  often  inter- 
rupted by  challenges,  legal  debates,  conferences  at  the  bench,  recesses,  and 
the  other  discontinuities  that  make  criminal  trials  move  slower  than  baseball 
games. 

Whatever  the  wisdom  of  the  Commission's  decision  (and  it  is  now,  in  an- 
other sense,  an  "academic  matter"),  their  reason  for  withholding  this  report 
from  publication  did  not  satisfy  all  critics.  Among  those  inclined  to  see  con- 
spiracies where  none  exists  (a  disposition  of  extreme  leftists  as  well  as  those 
on  the  far  right),  there  were  suspicions  that  the  Commission  was  suppressing 
the  report  because  it  contained  conclusions  distasteful  to  the  Establishment 
point  of  view.  In  Cleveland's  black  community,  the  rumor  was  afloat  that  the 
report  was  being  rewritten  at  the  Commission's  direction  to  excise  passages 
that  would  cast  doubt  on  the  guilt  of  Fred  Evans.  Neither  suspicion  had  any 


basis  in  fact,  since  no  one  representing  the  Commission  on  Violence  ever  ad- 
dressed a  comment  to  us  that  in  any  way  challenged  the  substance  of  our 
report. 

We  did  not  spend  the  period  of  forced  silence  idly,  however.  Those 
months  gave  us  an  opportunity  all  authors  cherish:  a  chance  to  review  the 
effort,  improve  it  structurally,  and  sharpen  the  prose  style.  In  this  effort  we 
had  the  invaluable  editorial  assistance  of  Anthony  E.  Neville,  a  professional 
writer.  Gradually  what  had  begun  as  a  report,  a  document  with  no  greater 
ambition  than  to  be  factual,  thorough,  and  useful  to  a  special  audience,  took 
on  the  aspects  of  a  book,  structured  and  phrased  to  inform  the  general  public. 
When  the  trial  of  Fred  Evans  was  over,  we  added  an  epilog  discussing  that 
event. 

In  a  sense,  however,  this  book  is  still  incomplete.  Fred  Evans  was  con- 
victed of  first-degree  murder  by  an  all-white  jury  under  an  Ohio  law  that  re- 
quired no  proof  that  he  ever  pulled  a  trigger.  The  effects  of  that  verdict  on 
the  black  community  in  Cleveland  are  not  yet  clear.  Moreover,  the  circum- 
stances that  bred  racial  violence  in  Cleveland  in  the  summer  of  1968  have  not 
changed  significantly  since  then,  and  no  one  can  say  with  confidence  that  it 
will  not  happen  again.  America  itself  has  not  changed  in  the  ways  that  mat- 
ter. It  could  happen  again— anywhere. 


L.  H.  M. 
J.  R.  C. 

Cleveland,  Ohio 
May  16, 1969 


xi 


INTRODUCTION 


On  the  evening  of  July  23, 1968,  shots  rang  out  on  a  narrow  street  in  Cleve- 
land's racially  troubled  East  Side.  Within  minutes,  a  full-scale  gun  battle  was 
raging  between  Cleveland  police  and  black  snipers.  An  hour  and  a  half  later, 
seven  people  lay  dead;  15  others  were  wounded.  Fifteen  of  the  casualties 
were  policemen. 

For  the  next  5  days,  violence  flared  in  Glenville  and  other  East  Side  neigh- 
borhoods. Arsonists  heaved  fire  bombs  into  buildings;  teenagers  smashed 
store  windows  and  led  mobs  in  looting.  The  police  lashed  back,  sometimes  in 
blind  fury.  In  the  smoldering  aftermath,  63  business  establishments  were 
counted  damaged  or  destroyed.  Property  losses  exceeded  $2  million. 

In  human  and  dollar  costs,  the  Glenville  incident  was  not  the  most  serious 
event  in  the  recent  tide  of  racial  violence  in  America.  But  it  differed  sharply 
from  the  current  pattern  of  violence  in  significant,  instructive  ways.  Indeed, 
it  established  a  new  theme  and  an  apparent  escalation  in  the  level  of  racial 
conflict  in  America. 

Racial  clashes  have  produced  bloodshed  and  property  damage  before. 
Most  recent  outbreaks,  like  the  Detroit  riot  of  1967,  were  initiated  by  blacks— 
itself  a  deviation  from  earlier  patterns— but  the  hostility  was  directed  toward 
property,  not  persons.  (Sporadic  sniper  fire-less  of  it  than  originally  be- 
lieved—occurred during  major  disorders  in  1967,  but  long  after  the  violence 
had  expressed  itself  in  property  damage.)  The  Glenville  incident  was  differ- 
ent; it  began  as  person-oriented  violence,  black  and  whites  shooting  at  each 
other,  snipers  against  cops.  And  apparently  alone  among  major  outbreaks  of 
racial  violence  in  American  history,  it  ended  in  more  white  casualties  than 
black. 

Moreover,  the  Glenville  incident  occurred  in  the  first  major  American  city 
to  have  elected  a  Negro  mayor  and  in  a  city  that  had  been  spared  serious  dis- 
orders during  the  volatile  summer  of  1967.  Because  of  Carl  B.  Stokes'  success 
in  preventing  violence  after  the  assassination  of  Martin  Luther  King  in  April 
1968,  Clevelanders  looked  upon  him  as  a  positive  guarantee  against  future 
racial  disturbances  in  their  city.  Yet  the  violence  occurred,  and  the  Glenville 
incident  raised  disturbing  questions  for  other  American  cities  with  increasing 
Negro  populations  that  can  expect  to  have  Negro-led  governments  in  the 
future. 

Lastly,  Mayor  Stokes  introduced  a  new  technique  for  quenching  the  vio- 
lence. At  the  urging  of  black  leaders,  he  placed  control  of  the  troubled  neigh- 
borhoods in  their  hands,  barring  white  policemen,  National  Guardsmen,  and 
white  nonresidents  from  the  area.  After  one  night's  trial,  the  policy  was  al- 
tered; police  and  National  Guardsmen  were  brought  into  the  area,  chiefly  to 


xiii 


protect  property.  Born  in  controversy,  carried  out  under  complicating  cir- 
cumstances and  with  only  partial  success,  the  technique  of  "community  con- 
trol" during  riots  is  still  a  matter  of  dispute  as  to  its  effectiveness. 

Why  did  it  happen,  especially  in  Cleveland?  Was  the  Glenville  incident  the 
result  of  a  vast  conspiracy  to  "get  Whitey"  or  the  sudden,  unpremeditated  act 
of  a  few  individuals?  Who  is  to  blame?  Will  it  happen  again— in  Cleveland  or 
elsewhere? 


XIV 


CONTENTS 

Chapter  Page 

Preface v 

Introduction xiii 

Photographs    1 

1.  Prelude  to  the  Shooting 33 

2.  A  Midsummer's  Nightmare   43 

3.  Reaction:  The  Crowds,  the  Police,  and 

City  Hall 61 

4.  Law  and  Disorder 71 

5.  Cleveland  in  the  Aftermath 85 

6.  A  New  Pattern? 93 

Epilog:  The  Trial  and  Conviction  of 

Fred  (Ahmed)  Evans 97 


XV 


CORDONED  AREA:  July  24,  1968 


Shaded   area   indicates  the  scene  of 
the  shoot-out  the   night  before. 


Fred  "Ahmed"  Evans  in  his  Afro  Culture  Shop  in  April  1967. 


The  red  brick  apartment  house  at  1 23 1 2 
Auburndale,  where  Ahmed  and  other 
black  nationalists  lived,  served  as  a  nest 
for  snipers  in  the  Glenville  battle. 


The  abandoned  Cadillac  parked  on  Beulah  Avenue. 


A  policeman  fires  tear  gas  to  flush  snipers  from  the  second  story  of  the 
Lakeview  Tavern. 


Policemen  crouch  behind  their  cars  while  looking  for  snipers.          UPI  Photo 


POLICE 


Police  seek  the  safety  of  their  vehicles  on  Lakeview,  north  of  Euclid  Avenue. 

The  Cleveland  Press-Will  Nehez 


Police  Officer  Lt.  Leroy  Jones  lies  mortally  wounded  from  sniper  fire.  The 
officer  at  right  was  later  wounded. 


A  police  sharpshooter,  armed  with  rifle  with  telescopic  sight,  aims  his  weapon. 


UPI  Photo 


The  bodies  of  two  snipers  lie  in  alley  behind  houses  on  Lakeview. 


Patrolman  Ernest  Rowell  suffered  bullet  wounds  and  was  overcome  by  tear 


The  man  at  left  tied  belts  of  ammunition  around  his  chest. 


Hospital  attendants  carry  a  policeman  shot  in  the  stomach. 


National  Guardsmen  arrive  at  the  scene. 


The  Cleveland  Press-BemiQ  Noble 


Police  frisk  suspects  at  the  corner  of  Euclid  and  105th  Street.  Fire-bombing 
and  looting  of  stores  continued  throughout  the  night  of  July  23rd. 


Associated  Press 


Herbert  Reed  a  bystander 

beaten  by  a  gang,  is  led  to  a 

hospital. 


1 


A  gutted  police  cruiser  stands  destroyed  before  a  sign  forecasting  better  days 
ahead  for  residents  of  the  predominantly  Negro  East  Side. 


National  Guardsmen  arrive  at  the  scene. 


The  Cleveland  Press-Eemie  Noble 


Police  frisk  suspects  at  the  corner  of  Euclid  and  105th  Street.  Fire-bombing 
and  looting  of  stores  continued  throughout  the  night  of  July  23rd. 


Associated  Press 


Herbert  Reed  a  bystander 

beaten  by  a  gang,  is  led  to  a 

hospital. 


A  gutted  police  cruiser  stands  destroyed  before  a  sign  forecasting  better  days 
ahead  for  residents  of  the  predominantly  Negro  East  Side. 


i 


The  home  of  Rev.  Henry  Ferryman  at  1395  Lakeview  engulfed  in  flames. 

In  the  smoldering  aftermath  of  five  days  of  violence,  63  business 
establishments  were  damaged  or  destroyed.  Property  damage  exceeded 

one  million  dollars. 

The  next  morning  Rev.  Ferryman  views  rubble.        The  Cleveland  Press-Tony  Tomsic 

iSf 


fih.^ 


\ 


~ 


I 


^B 


Ohio  National  Guardsmen  stand  by  while  smoke  billows  from  the  Linder  Hotel. 


UPI  Photo 


UPI  Photo 


The  scene  of  violence  on 

Superior  Avenue  at 

Lakeview— burning  building  and 

police  cars. 


The  Cleveland  Press-Em  Nehez 


Baxter  Hill  (with  his  hand  to  face)  and  members  of  PRIDE  Inc.  walk  into 
sniper  area. 


The  Cleveland  Press-Van  Dillard 

I| 


On  July  24,  the  following  day,  the  Mayor's  Committee  marshals  the  black 
community. 


ELEVISIONS 
RADIOS 


ETC. 


IBRYS  SUPERIOR  LOAN  C 


gOfflFcOHTS   SHIRTS 


f;  • '    " 


Pi  1 


Youths  from  PRIDE  Inc.  clean  up  debris  after  the  night  of  violence.     Associated  Press 


Police  search  for  looters. 
The  Cleveland  Press-Will  Nehez 


Loot  from  a  furniture  store  is  loaded  carefully  onto  a  car  in  broad  daylight.  UPI  Photo 


Guardsman  holds  looter  at  gunpoint  in  shop  at  105th  and  Superior. 


The  Cleveland  Press-Tim  Culek 
nkii  i 

26  x  75 

Ct «-  66  61 


Three  unarmed  teenagers  are  brought  out  under  police  guard. 


UPI  Photo 


,,* 


Mayor  Stokes  speaks  with  Harllel  Jones,  one  of  Cleveland's  leading  black 
nationalists  and  a  member  of  the  Mayor's  Committee  who  was  arrested  two 
nights  later  for  curfew  violation  and  possession  of  weapons. 


On  July  26  Fred  "Ahmed"  Evans  enters  pleas  of  innocence  to  charges  of 
shooting  with  intent  to  kill  a  police  tow-truck  operator,  possession  of 
narcotics,  and  possession  of  an  automatic  rifle. 


The  Cleveland  Press-Van  Dillard 


Fred  "Ahmed"  Evans  sits  in  the  jailhouse. 


The  Cleveland  Press-Ted  R.  Schneider  Jr. 


Black  nationalists  demonstrate  outside  the  courthouse  during  Ahmed's  trial. 


Fred  "Ahmed"  Evans,  his  wrists  and  ankles  shackled,  arrives  at  Ohio  State 

Penitentiary  in  Columbus  after  he  was  sentenced. 


Associated  Press 


Chapter  1 

PRELUDE  TO  THE  SHOOTING 


In  the  early  years  of  the  Republic,  Cleveland  was  a  small  inland  port  settled 
by  New  Englanders  who  had  moved  westward,  with  a  smattering  of  German 
merchants  and  Irish  workers  along  the  docks  on  the  south  shore  of  Lake  Erie. 
Far  into  the  19th  century,  Cleveland  kept  the  complexion  of  a  New  England 
town.  In  the  years  following  the  Civil  War,  however,  surging  commercial 
growth  and  industrialization  brought  to  Cleveland  an  influx  of  immigrants 
from  eastern  and  southern  Europe.  By  1910  these  immigrants  and  their  chil- 
dren made  up  75  percent  of  the  central  city's  population.  Separated  from  the 
old  inhabitants  by  language,  customs,  and  religion,  finding  the  doors  to  power 
and  social  acceptance  closed  to  them,  the  immigrants  retreated  to  ethnic  en- 
claves of  their  own.  Gradually  they  gained  power  in  the  city's  politics,  but 
the  enclaves  and  ethnic  loyalties  remained.  Later  in  the  20th  century,  espe- 
cially after  World  War  II,  growing  Cleveland  experienced  an  influx  of  Negroes 
out  of  the  South  and  Appalachia.  In  time,  blacks  constituted  a  sizable  but 
powerless  and  excluded  minority  in  Cleveland. 

The  recent  history  of  the  Negro  struggle  for  equality  in  Cleveland  parallels 
that  of  other  American  cities.  In  the  early  1960's,  when  the  civil-rights  move- 
ment was  gaining  force  in  America,  several  small  groups  were  formed  in  Cleve- 
land. As  elsewhere,  white  participation  was  welcomed,  and  a  white  minister 
and  his  wife  were  among  the  prime  organizers  of  the  Cleveland  chapter  of  the 
Congress  of  Racial  Equality  (CORE)  in  1962.  By  1963  there  were  some  50 
separate  civil-rights  groups  in  Cleveland,  ranging  from  the  moderate  National 
Association  for  the  Advancement  of  Colored  People  (NAACP)  to  CORE  (then 
considered  radical)  to  the  Black  Muslims  (then,  and  now,  even  more  radical). 

In  the  spring  of  1963,  the  Cleveland  NAACP  made  a  move  toward  estab- 
lishing unity  among  the  various  groups.  Its  efforts  to  unite  with  the  more 
militant  groups  may  have  been  less  an  expression  of  a  new  militant  spirit  than 
of  the  political  instinct  to  keep  alive  and  enhance  its  own  standing  in  the  com- 
munity. The  effort  succeeded;  out  of  a  series  of  meetings  during  the  hot 
nights  of  June  emerged  a  new  coalition,  calling  itself  the  United  Freedom 
Movement  (UFM).  Its  integrated  membership  included  inner-city  ministers, 
leaders  of  the  Jewish  community,  traditional  Negro  leaders,  and  some  of 
Cleveland's  new  breed  of  angry  young  black  men. 

At  best,  the  new  alliance  was  tenuous.  Much  of  its  success  would  depend 
on  how  well  it  could  assure  cooperation  and  unity  from  so  many  diverse  fac- 
tions. A  balance  would  have  to  be  struck  between  moderate  and  militant  ap- 
proaches. And  to  survive,  the  UFM  would  have  to  demonstrate  that  it  could 
produce  results. 

33 


34  Shoot-Out  in  Cleveland 

The  UFM's  first  confrontation,  over  tfte  hiring  practices  of  contractors 
building  the  city's  Convention  Center,  ended  in  no  victory.  In  the  fall  of 
1963,  the  alliance  turned  its  attention  to  the  city's  school  system.  Although 
many  Negro  children  were  bussed  to  alter  the  segregated  system,  there  was  evi- 
dence that  receiving  schools  contrived  to  separate  these  children  from  the 
white  students.  Relatively  few  of  Cleveland's  schoolchildren  were  in  inte- 
grated classrooms.  The  UFM  set  a  list  of  demands  before  the  Board  of  Educa- 
tion, with  a  deadline  of  September  23  for  compliance.  The  Board  and  UFM 
representatives  met  in  a  series  of  closed  meetings,  and  on  deadline  day  basic 
agreement  seemed  to  have  been  reached.  UFM  spokesmen,  however,  argued 
that  informal  agreements  in  closed  session  were  not  official  and  binding.  The 
following  evening,  after  hearing  a  report  from  the  steering  committee,  UFM 
members  voted  to  picket  the  Board  of  Education. 

The  Board  of  Education  responded  to  the  picketing  by  scheduling  a  public 
meeting  September  30,  at  which  it  promised  to  take  steps  toward  "fullest  pos- 
sible integration  consistent  with  sound  educational  practice"  in  the  receiving 
schools.  The  board  also  promised  to  create  a  Citizens'  Council  on  Human  Re- 
lations to  encourage  true  integration.  For  the  moment,  the  UFM  was  trium- 
phant. 

By  January  1964,  UFM  leaders  concluded  the  board  was  not  living  up  to 
its  promises.  Meetings  with  the  board  only  deepened  the  frustration.  To  es- 
calate the  pressure,  the  UFM  decided  to  take  its  picket  lines  to  schools  where 
black  children  were  being  bussed.  The  first  two  demonstrations,  on  January 
29,  brought  forth  angry  mobs  of  whites.  At  one  of  the  target  schools,  demon- 
strators were  forced  off  the  sidewalk  as  a  mob  tried  to  push  them  in  the  path 
of  passing  automobiles.  The  next  day,  a  demonstration  planned  at  Murray 
Hill  School,  in  the  heart  of  Cleveland's  "Little  Italy,"  produced  a  more  seri- 
ous confrontation.  At  9:30  a.m.,  when  the  demonstration  was  scheduled  to 
begin,  a  crowd  of  angry  whites  had  already  surrounded  the  school.  Many 
were  young,  and  many  had  been  seen  at  the  demonstrations  the  day  before. 
Reports  that  the  mob  had  formed  deterred  the  demonstrators  from  attempt- 
ing to  march  on  the  school.  Sensing  that  the  demonstrators  would  not  march, 
the  crowd  moved  to  a  busy  intersection  in  Little  Italy  and  began  to  attack 
Negroes  driving  by  in  their  automobiles. 

Throughout  the  day,  the  mob  remained  and  continued  to  attack  those  per- 
ceived as  "enemies"— enemies  that  included  a  number  of  newsmen.  At  about 
midday,  the  mob  attempted  to  charge  the  area  where  the  demonstrators  had 
assembled.  While  police  lines  checked  the  advance  of  the  crowd,  the  demon- 
strators left  to  assemble  at  another  location  several  miles  away.  By  late  after- 
noon, any  thought  of  a  march  on  Murray  Hill  School  was  out  of  the  question. 

The  Murray  Hill  incident  was  the  UFM's  fiery  baptism  and  a  clear  signal  of 
the  deepening  rift  between  Cleveland's  blacks  and  whites.  It  was  also  a  dem- 
onstration of  the  powerlessness  of  the  Negro  community,  as  evidenced  by  the 
official  response  from  City  Hall.  Mayor  Ralph  Locher  took  the  position  that 
the  school  question  was  outside  his  jurisdiction.  And  while  the  violence  lasted, 
he  considered  requesting  an  injunction  against  the  picketing.  The  police  were 
also  a  bitter  disappointment  to  the  civil-rights  leaders.  There  had  been  no  ar- 
rests despite  the  fact  that  for  an  entire  day  the  Murray  Hill  mob  roamed  the 
streets  beating  Negroes,  newsmen,  anyone  who  enraged  them,  and  throwing 
rocks  and  bottles  at  passing  automobiles. 


Prelude  to  the  Shooting  35 

The  rift  grew  even  deeper  when,  on  February  3,  1964,  demonstrators 
staged  a  sit-in  at  the  Board  of  Education  building.  Police  forcibly  removed 
them  the  next  day.  The  UFM  had  already  lost  the  sympathy  of  City  Hall  and 
the  Board  of  Education;  now  the  news  media  became  disenchanted.  The  pro- 
test had  gone  "too  far,"  it  had  become  too  "radical,"  the  limit  of  tolerance 
had  been  reached.  The  community  reaction  also  opened  wounds  within  the 
UFM  itself;  while  the  more  militant  members  were  demanding  further  and 
more  extreme  measures,  the  NAACP  faction  openly  worried  about  the  conse- 
quences of  the  heightened  level  of  protest. 

On  February  4,  the  UFM  won  a  temporary  victory.  The  Board  of  Educa- 
tion agreed  to  immediate  diffusion  of  the  bussed  students  on  a  level  designed 
to  induce  integration.  In  March,  however,  it  was  evident  that  the  board  was 
pushing  forward  the  construction  of  three  schools  in  the  Glenville  area,  the 
black  neighborhood  that  was  to  be  the  scene  of  racial  violence  in  1968.  These 
schools  would,  by  their  location,  introduce  segregation  into  the  school  system 
once  more. 

UFM  demonstrators,  on  April  6,  joined  the  Hazeldell  Parents  Association, 
a  group  of  Glenville  residents,  in  picketing  one  of  the  school  construction 
sites.  A  new  tactic  was  introduced:  demonstrators  threw  themselves  into 
construction  pits  and  in  the  way  of  construction  equipment.  The  next  day 
the  demonstration  was  carried  to  another  construction  site.  The  tactics  re- 
mained the  same.  The  only  difference  was  the  result:  the  Reverend  Bruce 
Klunder,  the  white  minister  who  had  helped  to  organize  the  local  chapter  of 
CORE,  placed  himself  behind  a  bulldozer  and  in  the  confusion  was  run  over 
and  killed. 

Police  sought  to  end  the  confrontation  by  dragging  demonstrators  away. 
As  word  of  Klunder's  death  spread,  however,  further  violence  became  inevita- 
ble. Bands  of  angry  Negroes  roamed  the  streets,  looted  stores,  and  battled 
police  late  into  the  night.  Klunder's  death  would  be  long  remembered  in 
Cleveland's  black  community. 

Blocked  by  a  court  injunction  against  further  interference  with  school  con- 
struction, the  UFM-over  the  objections  of  its  conservative  members-turned 
to  a  new  tactic:  a  boycott  of  the  schools.  On  Monday,  April  20,  about  85 
percent  of  the  Negro  students  in  Cleveland's  public  schools  stayed  home.  The 
boycott  was  a  Pyrrhic  victory.  Nonattendance  of  blacks  at  predominantly 
white  schools  was  precisely  what  many  white  parents  wanted.  The  boycott 
had  not  been  important  in  terms  of  money,  power,  or  lasting  prestige— the  im- 
portant "values"  of  the  power  structure. 

In  succeeding  months,  a  new  superintendent  of  schools,  Dr.  Paul  Briggs, 
significantly  reduced  the  crisis.  Briggs  shifted  emphasis  from  integration  to 
quality  education  in  each  neighborhood.  The  shift  undercut  the  efforts  of 
the  UFM.  The  emphasis  on  quality  education  in  their  own  neighborhoods 
gained  increasing  acceptance  in  the  Negro  community,  especially  as  the  con- 
cept of  "Black  Power,"  with  its  emphasis  on  racial  separatism,  found  more 
and  more  adherents. 


"Black  Power"  gained  in  popularity  in  the  black  community  during  1965, 
but  it  sent  shivers  of  anxiety  into  the  white  enclaves  of  Cleveland.  That  sum- 
mer, Clevelanders  witnessed  on  their  television  sets  racial  disturbances  in  other 


36  Shoot-Out  in  Cleveland 

cities,  including  the  riot  in  Watts.  In  the  fall  of  1965,  several  organizations  of 
black  militants  emerged  in  Cleveland,  led  by  black  nationalists.  Traditional 
organizations  such  as  the  NAACP,  and  now  even  CORE,  had  increasing  diffi- 
culty generating  support  from  the  white  community.  The  only  organization 
that  continued  to  provide  moral  and  financial  support  to  the  black  groups 
was  the  Council  of  Churches,  and  its  resources  were  limited. 

In  view  of  the  mounting  tensions  between  the  white  and  black  communi- 
ties, outbreaks  of  violence  were  not  wholly  surprising.  Beginning  early  in 
1966,  gang  fights  and  physical  assaults  plagued  the  Superior-Sowinski  area. 
The  Sowinski  area,  like  the  Murray  Hill  area,  has  been  a  white  ethnic  enclave 
in  Cleveland's  troubled  East  Side.  As  with  the  Murray  Hill  area,  antagonism 
toward  Negroes  runs  high  in  Sowinski.  The  Superior  area  bordering  Sowinski 
is  predominantly  Negro. 

The  attacks  and  gang  fights  continued  throughout  the  spring.  Negro 
youths  were  responsible  for  some  of  the  assaults,  white  youths  for  others,  but 
to  the  Negro  community  it  was  apparent  that  police  responded  much  more 
quickly  and  effectively  when  the  victims  were  white.  "If  you're  going  to  beat 
up  those  niggers,"  a  policeman  is  said  to  have  told  a  white  gang,  "take  them 
down  in  the  park  [Sowinski  Park]  where  we  can't  see  it."  On  Wednesday 
evening,  June  22,  two  Negro  youths  were  attacked  by  a  gang  of  whites.  A 
crowd  that  gathered  at  Superior  Avenue  and  90th  Street  confronted  police 
with  their  complaints,  describing  the  attackers  and  pointing  to  the  car  they 
had  ridden  in,  but  the  police  made  no  move  to  investigate.  Some  in  the  angry 
crowd  threw  rocks  and  bottles.  Negro  leaders  met  with  the  police  the  next 
day;  the  police  responded  to  their  grievances  by  saying  they  had  problems  all 
over  the  city,  that  they  were  understaffed  and  overworked,  that  not  every  in- 
cident could  be  investigated,  that  incidents  like  Wednesday  evening's  attack 
occur  all  the  time  in  racially  mixed  neighborhoods. 

Violence  broke  out  again  Thursday  evening.  A  Negro  youth  was  shot,  ac- 
cording to  eyewitnesses,  by  two  white  men  in  a  blue  Corvair.  The  description 
seemed  to  implicate  the  owner  of  a  supermarket  on  Superior  Avenue.  Since 
the  police  would  not  take  any  action,  Negro  youths  took  the  initiative:  the 
supermarket  was  burned  to  the  ground.  Other  white-owned  businesses  were 
harassed  during  the  evening's  disturbance. 

After  still  another  night  of  violence,  Mayor  Locher  met  with  Negro  resi- 
dents of  the  troubled  area  on  Saturday,  June  25 .  He  promised  to  investigate 
their  grievances.  The  tension  subsided,  at  least  for  the  moment. 


Superior  Avenue,  scene  of  the  June  1966  disturbances,  is  a  broad  thorough- 
fare that  carries  Cleveland  officeworkers  home  to  the  comfortable  suburbs  of 
East  Cleveland  and  Cleveland  Heights.  South  of  Superior  Avenue,  roughly 
embracing  the  numbered  streets  between  the  seventies  and  the  nineties,  is  the 
neighborhood  of  Hough  (pronounced  "huff).  It  is  a  residential  area  of  dete- 
riorating framehouses,  old  apartment  buildings,  dwellings  vacant  and  vandal- 
ized, occasional  small  shops,  and  neighborhood  bars.  Since  the  mid-1 95  O's, 
Hough  has  been  a  predominantly  Negro  slum. 

On  the  evening  of  July  18,  1966,  a  sign  appeared  on  the  door  of  a  bar  at 
79th  and  Hough  Ave.:  "No  Water  for  Niggers."  Residents  of  the  area  were 
enraged.  A  crowd  gathered.  The  manager  of  the  bar  and  another  white  man 


Prelude  to  the  Shooting  37 

paraded  in  front  of  the  bar  armed  with  a  pistol  and  a  shotgun.  Police  arrived 
and,  in  their  attempt  to  "disperse  the  crowd,"  began  to  push  and  shove  indi- 
viduals from  the  vicinity  of  the  bar.  Nearby  stores  became  the  targets  of 
rocks.  The  crowd  began  to  spread;  the  Hough  riot  had  begun. 

For  one  full  week  Cleveland  was  immersed  in  mass  civil  disorder.  In  many 
ways  the  violence  resembled  the  earlier  violence  of  Watts:  looting,  vandalism, 
burning,  sniping.  Initially,  it  was  contained  in  a  small  area:  between  7 1st 
Street  on  the  west  and  93d  Street  on  the  east,  and  including  half-a-dozen 
blocks  north  and  south  of  Hough  Avenue.  On  July  20,  the  third  night  of  vio- 
lence, sporadic  damage  was  reported  in  a  much  wider  area,  including  parts  of 
Kinsman  on  the  south  and  Glenville  on  the  east.  It  included  thrown  fire 
bombs,  some  looting,  and  attempts  to  divert  the  police  with  false  fire  alarms. 

The  damage  in  Hough  was  extensive.  Before  rainfall  hit  Cleveland  on  Sun- 
day night,  July  24,  and  the  violence  subsided,  four  persons  (all  Negro)  had 
been  killed,  countless  others  injured,  and  whole  blocks  of  buildings  had  been 
nearly  totally  leveled.  More  than  2,200  National  Guardsmen  had  been  called 
in  to  patrol  the  streets.  And  if  Cleveland's  racial  relations  were  becoming 
polarized  before  the  Hough  riot,  there  was  no  doubt  that  the  split  was  pro- 
found after  it  was  over. 

The  grand  jury  of  Cuyahoga  County,  in  special  session,  began  its  investiga- 
tion of  the  disturbances  on  July  26.  In  its  report,  issued  August  9,  the  jury 
blamed  the  disorders  on— 

a  relatively  small  group  of  trained  and  disciplined  professionals  at  this 
business  . . .  aided  and  abetted,  wittingly  or  otherwise,  by  misguided 
people  of  all  ages  and  colors,  many  of  whom  are  avowed  believers  in 
violence  and  extremism,  and  some  of  whom  also  are  either  members  of 
or  officers  in  the  Communist  Party. 

The  conspiracy  theory  and  the  suggestion  of  Communist  domination  read- 
ily found  adherents,  and  Mayor  Locher  congratulated  the  grand  jury  for  hav- 
ing "the  guts  to  fix  the  approximate  cause  which  had  been  hinted  at  for  a 
long  time,  that  subversive  and  Communist  elements  in  our  community  were 
behind  the  rioting." 

Few  in  the  black  community  were  persuaded  by  the  grand  jury  report. 
They  could  not  fail  to  note  that  no  Hough  residents  sat  on  the  panel,  and  that 
the  foreman  of  the  grand  jury,  Louis  B.  Seltzer,  editor  of  the  Cleveland  Press, 
was  being  sued  at  the  time  of  the  investigation  by  a  black  nationalist  leader 
for  calling  his  organization  a  "gun  club."  Suspicions  of  bias  were  fed  by  the 
report's  references  to  the  black  leader,  Lewis  Robinson,  as  one  dedicated  to 
"inciting  these  youths  to  focus  their  hatreds"  and  to  "indoctrinating  them 
with  his  own  vigorous  philosophy  of  violence." 

On  August  22,  a  biracial  review  panel,  composed  wholly  of  citizens  associ- 
ated with  the  Hough  area,  began  its  own  investigation.  Their  report  concluded 
that  "the  underlying  causes  of  the  rioting  are  to  be  found  in  the  social  condi- 
tions that  exist  in  the  ghetto  areas  of  Cleveland." 

"To  many,"  they  noted,  "it  seemed  almost  inevitable  that  such  neglect  and 
disregard  would  lead  to  frustration  and  desperation  that  would  finally  burst 
forth  in  a  destructive  way."  As  to  the  influence  of  Communist  agitators:  "We 
would  believe  that  an  individual  living  in  such  poverty  as  exists  in  Hough  needs 
no  one  to  tell  him  just  how  deplorable  his  living  conditions  are." 


38  Shoot-Out  in  Cleveland 

A  week  later,  controversy  over  the  causes  of  the  rioting  reached  into  the 
hearing  rooms  of  Washington.  Testifying  before  Senator  Ribicoff  s  commit- 
tee investigating  urban  problems,  Mayor  Locher  was  confronted  with  the  U.S. 
Attorney  General's  conclusion  that  "it  would  be  a  tragic  mistake  to  try  to 
say  that  the  riots  are  the  result  of  some  masterminded  plot."  Mayor  Locher, 
however,  persisted.  Locher  argued:  "I  would  disagree  with  the  statements  of 
the  Attorney  General,  and  I  would  wholeheartedly  agree  with  the  conclusions 
made  by  the  grand  jury  report." 


There  matters  stood  at  the  end  of  the  long  hot  summer,  a  war  of  conflict- 
ing viewpoints  hardened  to  a  standstill  as  autumn  arrived  and  quietly  passed 
into  winter.  Then  it  was  1967,  and  perceptive  observers  looked  ahead  to  an- 
other summer  of  racial  violence  in  Cleveland.  As  early  as  April  6,  a  Cleveland 
Plain  Dealer  reporter  noted:  "Even  very  rational,  very  hopeful  men  and 
women  believe  that  Cleveland  will  be  on  fire  this  summer." 

Like  a  seismograph  picking  up  faint  tremors  that  warn  of  a  major  earth- 
quake, the  April  newspapers  recorded  a  number  of  fires  on  Cleveland's  East 
Side  that  may  have  been  set  by  arsonists,  and  a  series  of  lootings  around 
105th  Street,  eastward  of  the  scene  of  the  Hough  riot.  The  Cleveland  Sub- 
committee of  the  Ohio  State  Advisory  Committee  to  the  U.S.  Commission  on 
Civil  Rights  visited  the  Hough  area  and  saw  there  ample  evidence  of  the  pov- 
erty and  frustration  that  would  breed  another  riot. 

Store  fronts  are  boarded  up.  Unoccupied  houses  have  been  vandal- 
ized. Stench  rises  from  the  debris-filled  basements  of  burned-out  build- 
ings. Litter  fills  street  curbings.  Garbage  and  trash  are  scattered  in 
yards  and  vacant  lots.  Recent  surveys  indicate  that  in  some  census 
tracts  as  much  as  80  percent  of  the  16-21  age  group  is  unemployed  or 
school  dropouts  and  that  25  percent  of  the  midyear  high  school  gradu- 
ates seeking  work  are  unable  to  find  jobs. 

The  subcommittee's  report  noted  that  women  in  Hough  were  paying  high 
prices  for  low-quality  food  in  neighborhood  grocery  stores,  using  welfare 
checks  that  were  inadequate  for  a  decent  standard  of  living.  The  State  gov- 
ernment, the  report  charged,  has  been  indifferent  to  the  plight  of  Hough  resi- 
dents; so  have  the  local  authorities. 

The  policeman,  if  you  can  find  one,  still  shows  little  interest  in  vacant 
houses  being  stripped  of  equipment  during  daylight  hours,  or  the  prosti- 
tutes on  parade,  or  the  accosting  of  resident  mothers  and  daughters 
walking  home. 

The  national  media  shared  the  prediction  that  Cleveland  was  ripe  for  burn- 
ing. In  late  June,  Roldo  Bartimole,  a  Wall  Street  Journal  reporter,  and  Mur- 
ray Gruber,  a  faculty  member  of  Western  Reserve  University,  published  an 
article  in  the  Nation  entitled  "Cleveland:  Recipe  for  Violence."  Their  con- 
clusion: "All  the  elements  for  tragedy  are  now  present  in  this  city,  self- 
proclaimed  'Best  Location  in  the  Nation.'  It  may  be  too  late  for  Cleveland, 
but  there  are  lessons  here  for  other  cities  that  want  to  avoid  disaster."  A 
month  later,  in  the  Saturday  Evening  Post,  staff  writer  John  Skow  noted:  "It 
is  hard  to  find  a  city  resident  who  believes  Cleveland  will  go  unburned 
through  the  summer." 


Prelude  to  the  Shooting  39 

And  yet,  it  didn't  happen.  While  Tampa,  Cincinnati,  Atlanta,  Newark,  and 
Detroit  experienced  major  disorders  during  the  summer  of  1967,  the  lid  stayed 
on  in  Cleveland.  Even  Martin  Luther  King's  peaceful  efforts  to  press  for  bet- 
ter jobs  for  Negroes  met  with  indifferences  in  the  Negro  neighborhoods  of 
Cleveland  that  summer.  Scorned  by  the  mayor  as  "an  extremist"  when  he  ar- 
rived in  April,  King  announced  in  May  that  Cleveland  would  be  a  "target  city" 
for  the  Southern  Christian  Leadership  Conference.  His  most  severe  tactic 
against  employers  discriminating  against  Negroes  would  be  a  boycott  of  their 
goods.  King's  campaign  accomplished  few  of  his  aims,  yet  no  one  turned  to 
violent  means  to  abet  his  cause. 


Explanations  for  Cleveland's  quiet  summer  of  1967  abound.  One  contribut- 
ing cause,  perhaps  of  minor  importance,  was  the  channeling  of  hopes  and  griev- 
ances through  the  electoral  process.  Carl  B.  Stokes,  a  Negro  candidate  who  in 
1965  had  come  within  2,100  votes  of  becoming  the  mayor  of  Cleveland,  was 
again  challenging  the  incumbent,  Ralph  Locher.  Having  come  so  close,  Stokes 
in  1967  had  the  avid  backing  and  earnest  hopes  of  Cleveland's  black  commu- 
nity. 

In  1965  Stokes  had  run  as  an  independent  and  gained  an  advantage  from 
the  multiplicity  of  candidates.  This  time  he  was  forced  into  the  Democratic 
primary  race.  Seth  Taft,  grandson  of  President  Taft  and  a  prominent  Cleve- 
land Republican,  had  threatened  to  withdraw  as  his  party's  candidate  if 
Stokes  ran  as  an  independent,  for  Taft  calculated  that  he  would  be  a  certain 
loser  in  a  three-way  race.  Stokes,  on  the  other  hand,  calculated  that  since  he 
would  have  to  run  against  Locher  in  either  case,  it  would  be  easier  to  defeat 
him  in  the  primary,  when  a  lower  turnout  of  voters  could  be  expected. 

Stokes  was  correct.  In  the  primary  election  of  October  4,  he  defeated 
Locher  by  a  plurality  of  18,000  votes.  The  decisive  factor  was  the  size  of  the 
Negro  turnout.  Although  Negroes  constituted  only  about  40  percent  of  the 
registered  voters,  73.4  percent  of  them  voted  in  the  primary.  Only  58.4  per- 
cent of  the  white  voters  cast  ballots  in  the  primary. 

The  campaign  between  Stokes  and  Taft  was  well  fought.  Both  hired  pro- 
fessional help  for  campaign  promotion  and  poll  taking;  both  made  personal 
appearances  and  speeches  frequently  and  throughout  the  city.  They  met  in  a 
series  of  televised  debates  in  traditional  Lincoln-Douglas  style. 

In  the  end,  Stokes  won,  becoming  the  first  Negro  mayor  of  a  major  Ameri- 
can city.  His  victory  was  initially  interpreted  as  Cleveland's  triumph  over 
racial  bigotry,  an  indication  of  a  new  openmindedness  in  American  race  rela- 
tions. Examination  of  the  voting  data  reveals  this  interpretation  as  optimis- 
tic. Support  for  Stokes  was  concentrated  in  the  Negro  wards,  where  he  re- 
ceived 95  percent  of  the  vote.  In  the  predominantly  white  wards  he  received 
only  19.3  percent  of  the  vote,  and  his  support  was  lowest  in  the  three  wards 
with  the  highest  concentration  of  white  ethnic  groups  in  the  city. 

As  a  Negro  mayor,  Stokes  was  the  subject  of  critical  scrutiny  by  the  public 
and  of  high  expectations  from  those  who  had  felt  ignored  by  previous,  "ma- 
chine" administrations.  His  first  few  months  in  office  were  wrecked  with  dif- 
ficulties; there  were  minor  political  scandals  involving  some  of  his  early  ap- 
pointees,   and  public  squabblings  among  others  of  his  administration.  The 
turning  point  for  Stokes  came  in  the  wake  of  Martin  Luther  King's  assassination 


40  Shoot-Out  in  Cleveland 

on  April  4,  1968.  While  other  cities  erupted  in  violence,  Stokes  took  to  the 
streets  to  keep  his  brothers  "cool,"  effectively  invoking  the  help  of  black  na- 
tionalists in  keeping  the  peace.  Cleveland  stayed  quiet,  and  white  citizens  of 
Cleveland  were  satisfied  that  in  Mayor  Stokes  they  had  an  effective  guarantee 
against  further  racial  disorders. 

Many  Clevelanders  realized  that  there  would  have  to  be  substantive  changes 
in  the  Negro  ghettoes,  and  they  stepped  forward  in  May  to  support  the 
mayor's  new  program,  "Cleveland:  Now!,"  a  campaign  to  raise  $1 1,250,000 
to  finance  programs  ranging  from  youth  employment  to  rehabilitation  of 
housing  to  downtown  economic  development.  Some  of  the  projects  were  eli- 
gible for  Federal  matching  funds,  and  on  July  2  Vice  President  Humphrey 
came  to  Cleveland  to  announce  a  $1 .6  million  grant  to  the  Negro-run  Hough 
Area  Development  Corporation  for  a  program  to  help  small  businesses  in  the 
riot-torn  neighborhood.  By  then,  pledges  to  the  "Cleveland:  Now!"  cam- 
paign from  businesses  and  citizens  had  reached  the  $4  million  mark. 

With  optimism,  and  with  a  sense  of  satisfaction  over  progress  being  made, 
Cleveland  entered  the  summer  of  1968.  But  some  who  could  see  beneath  the 
calm  surface  were  not  optimistic. 


On  the  night  of  the  primary  election  in  1967,  a  black  militant  leader,  ca- 
vorting in  the  street,  jubilant  over  Carl  Stokes'  victory,  raised  his  hand  in  a 
good-will  gesture  toward  a  squad  car  of  police  nearby  and  shouted  "Peace!" 
For  Fred  Evans,  who  had  taken  the  Afro  name  of  "Ahmed,"  it  was  a  rare 
moment  of  truce  in  his  personal  war  with  the  police. 

Early  in  1967,  Ahmed  Evans  had  been  arrested  and  convicted  of  assaulting 
police  officer  James  Payne,  a  Negro.  The  war  with  the  police  was  not,  by 
Evans'  assessment,  one  sided;  three  times  during  1967  police  had  closed  down 
his  Afro  Culture  Shop  and  Bookstore,  on  Superior  Avenue,  for  alleged  "sani- 
tary violations."  In  interviews  Evans  referred  to  the  police,  in  classic  black- 
nationalist  fashion,  as  "the  repressive  element  in  a  white  establishment." 

Born  in  Greenville,  S.C.,  in  1931,  Evans  was  one  of  12  children.  His  father 
was  an  unskilled  worker  in  a  textile  plant.  In  the  late  1930's,  seeking  a  better 
opportunity,  the  family  moved  to  Cleveland.  Evans  enrolled  in  public  school 
but  quit  before  graduating  from  Rawlings  Junior  High.  Tall  and  gangling,  he 
recalls  that  schoolmates  called  him  "Big  Dumb."  Convinced  that  he  was  really 
smarter  than  his  peers,  Evans  decided  to  go  to  work.  He  held  a  variety  of  jobs 
before  joining  the  Army  in  1948. 

During  the  Korean  war,  Evans  served  with  a  combat  engineer  outfit.  He 
suffered  back,  shoulder,  and  head  injuries  when  a  bridge  he  was  working  on 
collapsed.  When  he  was  discharged  in  1952,  he  was  the  recipient  on  half-a- 
dozen  medals  for  meritorious  service.  Back  in  Cleveland,  Evans  drove  a  bus 
for  the  Cleveland  Transit  System,  then,  in  February  of  1954,  reenlisted  in  the 
Army.  This  time  his  service  was  far  less  distinguished.  Shortly  after  he  was 
back  in  uniform,  Evans  was  court-martialed  for  hitting  an  officer  and  sen- 
tenced to  a  dishonorable  discharge  and  2  years'  confinement  at  the  U.S.  Army 
Disciplinary  Barracks  at  Fort  Crowder,  Mo.  Later  his  sentence  was  reduced  to 
an  undesirable  discharge  and  he  was  released  from  Fort  Crowder  after  a 
7-month  term. 


Prelude  to  the  Shooting  41 

Evans  had  claimed  that  the  injuries  he  had  incurred  in  Korea  left  him  with 
severe  headaches,  partial  loss  of  vision,  and  recurring  paralysis  of  the  right 
side.  He  also  claimed  to  be  subject  to  occasional  blackouts.  It  was  during  one 
of  these  blackouts,  he  said  during  court-martial,  that  he  struck  the  officer. 
The  records  of  the  Army  physicians  corroborate  Evans'  claims.  Doctors  found 
he  was  suffering  from  "psychomotor  epilepsy."  Further  testing  disclosed  that 
he  has  a  "paranoid-type  personality."  Army  records  state:  "He  has  much 
hostility,  normally  under  control,  but  under  stress  he  exhibits  aggressive  be- 
havior. This  condition  could  become  progressive,  causing  him  to  act  psychotic- 
like  under  stress."  After  these  examinations,  the  Army  release  was  decided 
upon.  Evans  returned  to  Cleveland  in  October  1955,  the  next  year  he  took  a 
job  with  the  Pennsylvania  Railroad,  and  he  worked  for  that  company  for  the 
next  10  years. 

In  the  early  1960's  Evans  became  interested  in  astrology.  "I  say  a  flying 
saucer  at  79th  and  Kinsman,"  he  recalls  of  the  experience  that  changed  his 
life.  "It  hovered  for  awhile  and  disappeared.  That  started  me  thinking  about 
the  stars  and  God  and  I  thought  that  here  I  was  thirty-three  and  Jesus  had 
died  at  thirty-three  and  I  hadn't  even  got  started  yet.  So  I  moved  off  by  my- 
self to  study  the  science  of  astrology  and  philosophy." 

In  1966,  Evans  was  the  disciple  of  an  astrologer  named  Emmett  (Toneli) 
Cobb.  When  Cobb  was  confined  at  Lima  State  Hospital  for  the  Criminally  In- 
sane, Evans  (now  Ahmed)  stepped  in  to  fill  the  gap.  Though  dismissed  as  an 
eccentric  even  by  some  of  the  important  young  black  leaders,  Evans  gained 
an  increasing  following  in  his  neighborhood  of  Glenville.  He  wore  Afro  garb 
and  he  spoke  the  rhetoric  of  black  nationalism.  Like  others  of  the  new  gener- 
ation of  militant  leaders,  most  of  whom  had  risen  to  power  after  the  civil 
rights  activities  of  the  early  1960's,  he  had  seen  the  inside  of  a  jail,  he  preached 
black  separatism  and  self-help  in  the  black  community,  and  he  advocated  vio- 
lence in  retribution  to  the  hostility  of  the  "sick"  white  society. 

Ahmed  Evans  also  indulged  in  prophecy.  He  made  national  news  when,  in 
March  of  1967,  he  predicted  that  May  9  would  be  a  "terrible  day."  A  Wall 
Street  Journal  article  featured  his  prediction: 

He  [Ahmed]  predicts  May  9  will  be  the  "terrible  day"  that  the  anger  of 
this  city's  black  ghetto  erupts  into  violence-partly  because,  by  his  cal- 
culations, that  will  be  the  day  when  an  eclipse  of  the  sun  darkens  the 
sky. 

May  9  passed  without  violence.  While  the  rest  of  the  world  scoffed,  Ahmed's 
misreading  of  the  heavens  seemed  to  cost  him  no  loss  of  influence  in  Glen- 
ville. Young  blacks  continued  to  congregate  in  his  Afro  Culture  Shop  and 
Bookstore.  In  the  summer  of  1968  Ahmed's  group  received  a  grant  of 
$10,300  from  "Cleveland:  Now!"  funds  to  develop  African  crafts.  From  this 
benefaction,  channeled  through  the  Hough  Area  Development  Corporation,  it 
would  have  seemed  that  Ahmed  Evans  was  at  peace  with  the  white  establish- 
ment. 

But  the  world  that  had  scoffed  at  a  false  prophet  had  not  heard  the  last  of 
Ahmed. 


Chapter  2 

A  MIDSUMMER'S  NIGHTMARE 


Glenville,  lying  near  the  northeast  corner  of  Cleveland,  is  a  neighborhood 
of  two-  and  three-story  houses  with  broad  front  porches  and  small  front  lawns. 
In  the  1940's  Glenville  was  a  largely  Jewish  area;  today  it  is  very  predomi- 
nantly Negro.  Except  for  pockets  of  deterioration,  it  stands  in  tidy  contrast 
to  the  Hough  area,  lying  to  the  west. 

For  Patrolman  William  Kehoe,  performing  traffic  duty  on  the  East  Side, 
July  23,  1968,  was  a  slow  day.  Shortly  after  noon  he  called  headquarters  for 
a  possible  assignment.  Lt.  Edward  Anderson,  traffic  coordinator  for  the 
Cleveland  Police  Department,  assigned  him  to  check  an  abandoned  automo- 
bile in  the  Glenville  area.  Anderson  had  received  a  telephone  call  about  the 
car  not  long  before.  "It  was  just  a  routine  call  of  an  abandoned  auto,"  he 
later  recalled.  "I  told  the  gentleman  we'd  get  to  it  as  soon  as  possible.  I 
couldn't  promise  action  that  day."  Following  standard  procedure,  Anderson 
did  not  ask  the  caller's  name. 

The  car,  a  1958  Cadillac,  was  on  Beulah  Avenue,  between  East  123d  Street 
and  Lakeview.  The  left  front  tire  was  flat;  to  Patrolman  Kehoe,  it  appeared 
the  car  was  a  "junk  car"  that  had  not  been  driven  for  some  time.  Neighbors 
confirmed  that  the  car  had  been  there  many  days;  none  had  any  idea  who 
owned  it.  At  1 :25  p.m.,  Kehoe  placed  a  parking  ticket  on  the  abandoned 
car,  then  filled  out  a  routine  report  for  the  tow  truck  division  of  the  police 
department. 

Kehoe  expected  that  the  car  would  be  towed  away  before  the  evening  rush 
hour.  But  William  McMillan  and  Roy  Benslay,  operating  tow  truck  No.  58, 
had  other  assignments  that  kept  them  from  the  pickup  in  Glenville  until  dusk. 
They  arrived  on  Beulah  Avenue  in  their  uniforms,  which  resemble  standard 
police  uniforms  except  that  the  jackets  are  of  the  Eisenhower  type.  Cleve- 
landers  commonly  assume  that  the  tow-truck  operators  are  policemen,  but  in 
fact  they  are  civilian  employees  and  carry  no  weapons. 

What  happened  next  has  been  recounted  by  McMillan.  After  Benslay 
backed  the  truck  up  the  Cadillac,  McMillan  emerged  from  the  cab  to  check 
the  license  plate  number  against  the  assignment  card.  "The  next  thing  I  knew 
I  was  shot  in  the  back.  I  turned  around  and  saw  a  man  with  a  shotgun  firing 
from  the  side  of  a  house  on  the  corner  of  Lakeview." 

McMillan  ran  to  the  front  of  the  tow  truck  to  take  cover.  A  second  shot 
hit  him  in  the  right  side.  "Another  sniper  was  firing  from  the  bushes  just  in 
front  of  the  truck."  Benslay,  crouching  in  the  cab  of  the  truck,  radioed  for 
help.  Then  the  shooting  stopped. 


43 


44  Shoot-Out  in  Cleveland 

"A  Negro  with  a  carbine  in  his  hand  walked  up  the  sidewalk  and  stopped 
just  across  from  me,"  McMillan  told  a  reporter  several  days  later. 

"Are  you  one  of  the  sons  of  bitches  stealing  cars?"  the  Negro  asked  him. 
McMillan  pleaded  that  he  was  unarmed  and  rose  from  the  street  to  show  that 
he  had  no  weapon.  The  Negro  raised  the  carbine  to  his  shoulder  and  took 
aim.  McMillan  ran  toward  123d  Street.  As  he  turned  the  corner,  another  bul- 
let hit  him  in  the  right  side.  McMillan  kept  running. 

Halfway  along  the  block  a  Negro  woman  shouted  to  McMillan  and  offered 
him  refuge.  Inside  the  house  he  telephoned  the  police  department,  but  the 
lines  were  busy.  When  he  heard  sirens,  McMillan  left  the  house  and  walked 
northward  on  123d  Street.  After  turning  right  on  Oakland  Avenue  he  spotted 
a  squad  car,  which  rushed  him  to  a  hospital. 

McMillan  identified  the  Negro  with  the  carbine  as  Fred  (Ahmed)  Evans. 

He  also  offered  an  explanation  of  the  event.  "The  snipers  set  up  the  am- 
bush and  used  the  tow  truck  as  a  decoy  to  bring  the  police  in,"  he  said.  "They 
had  their  crossfire  all  planned.  We  all  were  sitting  ducks." 

McMillan's  ambush  theory  found  ready  acceptance.  Many  Clevelanders, 
and  at  least  two  national  news  magazines,  accepted  it  unquestioningly.  But 
other  events  of  that  grim  Tuesday,  and  the  accounts  of  other  eyewitnesses, 
cast  doubts  upon  the  ambush  theory. 


Ahmed  lived  in  an  apartment  in  a  two-story,  red  brick  house  at  12312 
Auburndale,  a  block  and  a  half  from  the  scene  of  the  tow-truck  shooting.  On 
the  evening  of  July  23,  shortly  before  the  tow-truck  incident,  he  had  visitors: 
George  Forbes,  the  city  councilman  from  Ahmed's  area,  and  Walter  Beach,  a 
former  halfback  for  the  Cleveland  Browns,  who  was  the  director  of  the 
Mayor's  Council  on  Youth  Opportunities.  According  to  a  summary  of  events, 
issued  later  by  the  mayor's  office,  the  meeting  lasted  from  7:50  p.m.  to  8:05 
p.m. 

Forbes  and  Beach  had  come  from  a  meeting  at  City  Hall  where  Ahmed  had 
been  the  subject  of  anxious  discussion.  The  meeting,  which  began  at  2:30 
that  afternoon,  had  been  called  by  Inspector  Lewis  Coffey  of  the  Cleveland 
Police  Department.  Coffey  had  intelligence  reports,  which  the  police  depart- 
ment had  obtained  chiefly  through  the  Federal  Bureau  of  Investigation,  that 
warned  of  an  outbreak  of  violence  planned  for  Cleveland  the  next  morning, 
July  24,  at  8  a.m.  The  central  figures  in  the  outbreak  would  be  Ahmed  and 
his  group,  the  Black  Nationalists  of  New  Libya. 

Ahmed's  group,  according  to  the  reports,  had  been  assembling  an  arsenal 
of  handguns  and  carbines  and  stashing  them  in  Ahmed's  apartment.  Some  of 
the  group  had  gone  to  Pittsburgh,  Detroit,  and  Akron  on  Sunday  night  to 
collect  semiautomatic  weapons;  a  further  trip  to  Detroit  was  planned  for 
Tuesday  evening,  July  '23.  In  addition  to  the  Wednesday  morning  outbreak, 
the  reports  added,  there  was  the  possibility  of  simultaneous  outbreaks  in  other 
Northern  cities.1  In  Cleveland,  five  Negroes  would  be  the  targets  of  assassina- 
tion: Mayor  Carl  B.  Stokes,  Councilman  Leo  Jackson,  William  O.  Walker 
(publisher  of  the  Negro  newspaper,  The  Cleveland  Call  &  Post),  Baxter  Hill, 
and  James  Payne.  Four  of  the  targets  were  prominent  Negroes;  the  fifth, 
James  Payne,  was  the  patrolman  Ahmed  had  been  found  guilty  of  assaulting. 


A  Midsummer's  Nightmare  45 

The  truth  of  these  reports  was  questionable.  Police  doubted  that  a  trip  to 
both  Pittsburgh  and  Detroit  had  been  made  in  one  night.  The  reports  came 
from  a  single  individual,  a  member  of  Ahmed's  group  who  apparently  was  not 
an  infiltrator  but  a  man  accustomed  to  selling  information  to  the  FBI  and  the 
Cleveland  police.  Other  intelligence  sources  did  not  corroborate  his  story. 
Those  who  had  talked  to  the  informer  on  the  telephone  suspected  he  was 
under  the  influence  of  drugs. 

The  reports  were  serious  enough,  however,  to  warrant  considerable  atten- 
tion. On  Tuesday  morning,  Cleveland  police  checked  various  aspects  of  the 
intelligence  reports.  They  learned  that  on  Monday,  black  nationalists  had 
been  in  Higbee's,  a  downtown  department  store,  examining  high-powered 
deer  rifles  with  telescopic  scopes.  Nationalists  had  been  seen  buying  bando- 
liers (links  of  ammunition  for  automatic  weapons),  canteens,  and  first-aid  kits 
from  a  downtown  army  surplus  store.  There  was  some  uncertainty  whether 
the  nationalists  included  Ahmed  or  any  of  his  group.2 

Mayor  Stokes  was  in  Washington,  D.C.,  that  day,  participating  in  a  discus- 
sion entitled  "Is  the  Big  City  Dying?"  In  his  absence,  Clarence  James,  the 
law  director  (a  position  similar  to  city  attorney  or  solicitor)  participated  in 
the  City  Hall  meeting  as  "acting  mayor."  While  the  meeting  was  in  progress, 
Mayor  Stokes  placed  a  routine  call  from  Washington  to  his  office.  Informed 
of  the  potential  trouble,  he  told  James  to  telephone  Baxter  Hill,  the  director 
of  Pride,  Inc.,  a  community  self-help  organization,  and  a  member  of  the  Com- 
munity Relations  Board.  Unable  to  reach  Hill,  James  summoned  to  the  meet- 
ing Councilman  George  Forbes,  who  was  also  familiar  with  Ahmed  and  his 
group. 

Discussion  turned  from  the  intelligence  reports  to  tactics  for  coping  with 
the  developing  situation.  There  were  no  grounds  for  arresting  Ahmed  and  too 
little  to  establish  "probable  cause"  for  obtaining  a  search  warrant.  By  the 
laws  of  Cleveland  and  Ohio,  mere  possession  of  handguns  or  rifles  is  not  ille- 
gal. While  possession  of  automatic  and  semiautomatic  weapons  is  illegal, 
there  was  only  the  informer's  report  to  indicate  that  Ahmed  and  his  group 
possessed  such  weapons.  Even  if  there  had  been  something  in  the  informer's 
story  to  establish  probable  cause,  he  could  not  be  used  to  testify  without 
"blowing"  his  cover. 

According  to  the  informer's  story,  Ahmed  and  his  group  were  planning  a 
trip  to  Detroit  Tuesday  evening  to  obtain  illegal  automatic  weapons.  That 
being  the  case,  Inspector  Coffey  advised,  the  police  should  establish  a  surveil- 
lance near  Ahmed's  house.  Furthermore,  it  ought  to  be  a  moving  surveillance, 
not  a  stationary  one— roving  police  cars  rather  than  parked  ones.  Ahmed's 
neighborhood  was  residential,  his  and  nearby  streets  were  narrow,  and  a 
parked  car  full  of  men-especially  if  they  were  white  police  officers-would 
attract  notice.  Moreover,  Ahmed  often  stationed  guards  at  his  home  to  watch 
for  police,  sometimes  sending  them  on  "patrols"  to  hunt  for  police  on  nearby 
streets.  Enough  cars  were  available  for  an  effective  moving  surveillance,  and 
the  police  department  would  assign  to  the  task  as  many  Negro  officers  as  it 
could. 

One  other  aspect  of  the  informer's  story  demanded  attention.  Although 
police  investigation  had  failed  to  find  confirming  evidence  of  an  assassination 
plot,  a  decision  was  made  to  provide  a  security  guard  for  the  five  Negroes  men- 
tioned as  potential  victims. 


46  Shoot-Out  in  Cleveland 

Councilman  Forbes  and  Walter  Beach  agreed  to  talk  to  Ahmed,  to  try  to 
cool  him  down  and  work  out  a  solution  to  his  known  grievances.  Forbes  and 
Beach  knew,  as  many  others  knew,  that  Ahmed  was  angered  over  apparent 
discriminations  against  him  in  recent  weeks.  With  the  grant  he  had  received 
from  "Cleveland:  Now!"  funds,  Ahmed  was  in  the  process  of  refurbishing  a 
dilapidated  and  long-vacant  store  on  Hough  Avenue,  converting  it  into  an  Afro- 
American  culture  shop.  After  investing  considerable  effort  on  the  cleanup,  he 
was  notified  by  the  white  landlord  that  he  could  not  use  the  store.  And  now 
he  was  being  evicted  from  his  apartment  on  Auburndale.  After  legal  proceed- 
ings, a  24-hour  notice  was  served  by  bailiffs  earlier  on  Tuesday.  (The  apart- 
ment actually  was  not  his;  it  was  rented  by  a  16-year-old  who  had  taken  the 
African  name  of  Osu  Bey.)3 

After  the  City  Hall  meeting  broke  up  about  6  p.m.,  Forbes  and  Beach 
drove  toward  the  East  Side.  On  the  way  to  Ahmed's  home  they  stopped  on 
Superior  Avenue  at  the  Afro  Set,  a  shop  and  gathering  place  for  young  mili- 
tants. Harllel  Jones,  leader  of  the  Afro  Set,  was  not  there,  but  Forbes  and 
Beach  talked  to  one  of  the  young  members  of  the  group  who  agreed  to  ac- 
company them  to  Ahmed's  home.  The  three  drove  eastward  on  Superior 
Avenue,  then  turned  south  on  Lakeview.  At  the  corner  of  Moulton  Avenue, 
which  is  close  to  the  intersection  of  Lakeview  and  Auburndale,  they  saw  an 
unmarked  car  "full  of  white  people."  It  was  glaringly  evident  that  the  police 
had  established  a  stationary  surveillance  rather  than  a  moving  one.  In  fact, 
another  surveillance  car  was  facing  Ahmed's  apartment  building  from  the  op- 
posite direction,  parked  where  Auburndale  joins  East  124th  Street.  Both  cars 
contained  only  white  officers;  both  were  in  plain  view  of  Ahmed's  home. 

Beach  steered  his  car  left  onto  Auburndale  and  parked  in  front  of  Ahmed's 
apartment  building.  As  the  three  men  emerged  from  the  car,  Ahmed  called  to 
them  from  a  narrow  passageway  next  to  the  building.  In  a  backyard  confer- 
ence, he  poured  out  his  apprehension  about  the  police  surveillance.  There 
were,  he  said,  even  police  on  the  roof.  The  police  had  harassed  him  before; 
he  was  afraid  the  surveillance  was  leading  up  to  another  incident  of  harrass- 
ment.  He  urged  Forbes  and  Beach  to  try  to  get  the  surveillance  removed. 
The  men  also  discussed  Ahmed's  eviction  problems,  and  Forbes  and  Beach 
promised  to  do  what  they  could.4 

When  the  conference  ended,  the  visitors  felt  they  had  satisfied  Ahmed.  As 
they  were  leaving,  he  told  them  to  give  a  message  to  Mayor  Stokes:  "Tell  the 
Big  Brother  downtown  that  everything  is  going  to  be  all  right." 

Forbes  decided  that  there  was  nothing  he  could  do  at  the  scene  to  have  the 
surveillance  removed.  As  a  councilman,  he  knew  the  police  who  usually  work 
in  his  district,  but  the  surveillance  teams  were  from  a  special  unit.  He  judged 
they  would  not  recognize  him  or  listen  to  him. 

The  three  men  drove  westward  on  Superior  Avenue,  stopping  first  at  the 
Afro  Set,  then  at  a  grocery  store  whose  owner  was  a  close  friend  of  Ahmed's. 
The  grocer  was  not  there.  Forbes  and  Beach,  having  left  the  third  man  at  the 
Afro  Set,  then  tried  unsuccessfully  to  find  Harllel  Jones  at  his  home  on  Hough 
Avenue.  At  a  nearby  office  of  the  Cleveland  Legal  Aid  Program,  Forbes  tele- 
phoned Joseph  F.  McManamon,  Cleveland's  safety  director,  to  ask  that  the 
surveillance  be  removed.  McManamon  advised  him  to  call  Mayor  Stokes,  who 
had  returned  from  Washington,  and  gave  him  the  mayor's  private  phone  num- 
ber. While  Forbes  and  Stokes  were  on  the  phone  discussing  what  they  could 


A  Midsummer's  Nightmare  47 

do  about  Ahmed's  problems,  a  voice  broke  in  to  say  that  there  was  an  emer- 
gency call  for  the  mayor.  Stokes  asked  Forbes  to  call  back  in  about  5  minutes. 
Forbes  and  Beach  returned  to  the  home  of  Harllel  Jones,  this  time  finding 
him  there.  While  they  were  talking,  a  member  of  the  Afro  Set  came  in  to  re- 
port that  shooting  had  begun  in  Glenville.  Forbes  called  the  mayor.  Stokes 
already  had  the  news.  The  emergency  call  had  come  from  Safety  Director 
McManamon.  The  Glenville  disturbance  had  been  ignited. 


Who  shot  first?  And  at  whom?  Various  accounts  of  where,  how,  and  why 
the  shooting  started  have  appeared.  Even  after  extensive  investigation,  ques- 
tions remain  unanswered. 

Accounts  of  the  activities  of  the  surveillance  teams,  and  of  what  they  ob- 
served, have  been  provided  by  the  policemen  in  the  surveillance  cars.  Three 
patrolmen— O'Malley,  Sweeney,  and  Gallagher— were  in  the  unmarked  car  at 
124th  and  Auburndale,  facing  westward  toward  Ahmed's  house.  When  they 
arrived  at  6  p.m.,  about  a  dozen  Negroes,  including  women  and  children,  were 
on  the  porch  at  12312  Auburndale.  About  half  were  dressed  in  Afro  garb, 
the  others  conventionally.  The  policemen  kept  watch  through  binoculars. 
Later  in  the  evening,  shortly  before  Councilman  Forbes  and  Walter  Beach  ar- 
rived at  the  apartment,  they  saw  Ahmed  himself  arrive  in  a  red  Volkswagen. 
Evidently  no  one  was  on  the  porch  at  this  time. 

Shortly  after  Beach  and  Forbes  left,  according  to  James  O'Malley,  a  Negro 
carrying  a  carbine  came  out  of  12312  Auburndale  and  stood  guard.  Ahmed 
came  out  a  short  while  later,  followed  by  about  16  others  carrying  arms  and 
wearing  bandoliers.  The  man  who  had  come  out  first  crossed  the  street, 
dropped  to  his  knees,  and  pointed  his  rifle  toward  the  surveillance  car. 
O'Malley  radioed  for  instructions  and  was  told  to  get  out  of  the  area  imme- 
diately. The  time,  he  recalls,  was  8:20  p.m. 

Patroman  Gallagher,  driving  the  surveillance  car,  turned  left  onto  124th 
Street  to  escape  from  the  area.  As  they  were  leaving,  O'Malley  saw  two  men 
get  into  a  Ford  station  wagon  and  set  off  in  pursuit  of  the  surveillance  car. 
The  policemen  heard  a  shot;  it  did  not  hit  their  car.  Moments  later  the  sta- 
tion wagon  halted  the  pursuit,  turned  around,  and  headed  back  toward 
Auburndale. 

Patrolmen  Thomas  Gerrity  and  Thomas  Horgan  were  in  the  other  surveil- 
lance car  parked  at  the  corner  of  Lakeview  and  Moulton,  facing  Ahmed's 
house  from  the  opposite  direction.  They,  too,  observed  the  people  on  the 
porch,  the  later  arrival  of  Ahmed  in  the  red  Volkswagen,  and  the  arrival  and 
departure  of  Councilman  Forbes  and  Walter  Beach.  When  Ahmed's  group 
came  out  of  the  house,  according  to  Horgan,  several  of  the  men  headed  to- 
ward their  surveillance  car.  The  surveillance  car  turned  left  onto  Lakeview, 
heading  northward  toward  Superior  Avenue,  to  escape.  A  green  Chevrolet 
followed  them;  Gerrity  and  Horgan  heard  several  shots,  but  none  hit  their 
car.  Horgan  broadcast  a  warning  to  other  police  cars  to  stay  out  of  the  area. 
As  their  car  headed  west  on  Superior  Avenue,  Horgan  heard  a  broadcast 
about  the  tow-truck  operator  being  fired  upon.  Gerrity  and  Horgan  turned 
southward,  back  toward  the  scene  of  trouble.  When  they  arrived  within  view 
of  the  tow  truck,  says  Horgan,  they  saw  the  tow-truck  operator  running  with 
his  hands  up  and  an  armed  black  nationalist  chasing  him.  Then  the  surveillance 


48  Shoot-Out  in  Cleveland 

car  was  struck  by  fire  coming  from  123d  and  Beulah.  Bullets  hit  the  wind- 
shield and  the  hood  and  demolished  the  grille.  Gerrity  and  Morgan  returned 
the  fire,  shooting  toward  two  snipers  hiding  behind  the  tow  truck,  until  their 
ammunition  was  exhausted.  Then  they  sought  escape  northward  on  123d 
Street.  By  the  time  they  were  back  on  Superior,  all  four  tires  of  their  surveil- 
lance car  were  flat.  When  Gerrity  returned  to  the  police  station,  a  colleague 
recalled,  the  28-year-old  patrolman  was  "dry-vomiting  and  shaking  so  hard  he 
put  his  hand  on  the  letter  basket  and  the  whole  table  shook." 

According  to  Lt.  Burt  Miller,  who  had  been  assigned  by  the  police  depart- 
ment to  reconstruct  the  history  of  the  events  of  July  23,  other  police  cars 
were  on  the  scene  when  Gerrity  and  Horgan  approached  the  tow  truck.  "They 
engaged,  with  other  cars  that  were  arriving,  in  a  fire  fight  with  males  that  were 
carrying  weapons,"  he  told  a  City  Hall  press  conference  on  August  9.  Thus, 
police  cars  had  converged  on  the  scene  and  the  full-scale  Shootout  had  begun. 
Three  males,  according  to  Lieutenant  Miller,  were  firing  at  police  from  two 
corners  of  Lakeview  and  Beulah;  a  fourth  lay,  wounded  or  dead,  on  the  side- 
walk at  123d  and  Beulah. 

By  the  testimony  of  the  surveillance  teams,  then,  they  were  the  first  to  be 
fired  upon,  not  the  tow  truck.  Rightly  or  wrongly,  Ahmed  regarded  the  obvi- 
ous presence  of  the  surveillance  cars  over  several  hours'  time  as  threatening. 
The  tow  truck,  it  now  appears,  was  not  the  deliberate  target  of  a  planned  am- 
bush but  arrived  at  the  wrong  place  at  the  wrong  time.  Inspector  Lewis  Coffey 
took  this  view  in  an  interview  published  in  the  Plain  Dealer  3  days  after  the 
event.  According  to  Coffey,  the  tow  truck  arrived  on  Beulah  Avenue  "almost 
simultaneously"  with  the  initial  shootings  at  the  surveillance  cars.  "Then  he 
gets  it." 

The  validity  of  the  ambush  theory  can  be  examined  in  the  light  of  other 
information.  For  one  thing,  it  has  been  established  that  the  owner  of  the 
abandoned  car  cannot  be  implicated  in  any  plot  to  draw  tow-truck  operators 
or  police  to  the  scene.  Henry  R.  Leftwich,  owner  of  the  1958  Cadillac,  had 
loaned  the  car  to  a  friend  while  he  was  hospitalized  for  long-term  treatment 
of  a  back  injury.  His  friend  was  returning  the  car  on  Sunday,  July  6,  when  it 
"broke  down"  on  Beulah  Avenue.  He  left  it  there;  2&  weeks  later,  Leftwich 
still  had  done  nothing  about  removing  the  car. 

Of  the  sequence  of  events  on  Beulah  Avenue  during  the  evening  of  July  23, 
there  were  several  eyewitness  reports.  Not  all  of  them  accord  with  the  claim 
of  Wilh'am  McMillan,  the  tow-truck  operator,  that  he  was  shot  very  soon  after 
arriving  at  the  abandoned  car.  Residents  of  the  area  have  reported  seeing  the 
tow-truck  officers  examining  the  automobile  for  a  period  of  time  before  the 
outbreak  of  shooting.  A  man  and  his  wife  drove  by  the  tow  truck  as  McMil- 
lan was  getting  out  to  examine  the  Cadillac.  They  drove  to  the  intersection  of 
Lakeview,  turned  left  and  proceeded  two  blocks  to  Superior,  turned  left 
again,  and  in  that  time  heard  no  shots.  Other  witnesses  claim  that  the  tow- 
truck  operators  were  confronted  by  an  individual  who  seemed  to  argue  with 
them.  This  individual  walked  away,  only  to  reappear  with  the  snipers  some 
time  later.  One  resident  interviewed  claimed  that  the  individual  who  con- 
fronted the  tow-truck  operators  then  walked  away  and  made  a  telephone  call. 
Such  a  call  could  have  been  directed  to  Ahmed  and  also  could  have  prompted 
the  movement  from  Ahmed's  home  or  given  it  direction  after  the  movement 
had  started. 


A  Midsummer's  Nightmare  49 

The  official  police  log  lends  weight  to  the  evidence,  supplied  by  the  ac- 
counts of  surveillance-car  activity,  that  the  movement  away  from  Ahmed's 
house,  and  some  of  the  actual  shooting,  occurred  before  McMillan  was  shot. 
The  tow  truck  placed  its  call  for  help  at  8:28  p.m.  The  first  radio  report  of 
shooting  came  4  minutes  earlier  in  a  conversation  between  the  dispatchery 
and  Car  604  (which  was  not  one  of  the  surveillance  cars).  Car  604  gave  its 
position  as  123d  and  Beulah.  Since  this  is  close  to  the  location  of  the  tow 
truck,  it  tends  to  support  the  conclusion  that  the  tow  truck  was  inadvertently 
trapped  in  the  crossfire  between  police  and  snipers. 

A  puzzling  claim  was  made  in  a  chronology  of  events  released  by  the 
mayor's  office  at  the  press  conference  on  August  9.  According  to  this  chro- 
nology, at  8: 15  p.m.  the  tow  truck  "gets  [a]  call"  to  pick  up  the  abandoned 
Cadillac.  This  invites  the  inference  that  some  citizen  had  telephoned  the  po- 
lice department  Tuesday  evening  with  the  intention  of  luring  the  tow  truck 
into  a  trap.  Except  in  response  to  dangerous  accidents,  it  is  not  usual  operat- 
ing procedure  for  a  tow  truck  to  be  instructed  by  headquarters  to  go  immedi- 
ately to  tow  a  car.  And  it  has  been  established  that  the  automobile  had  been 
examined  earlier  on  Tuesday  and  the  tow-sheet  report  prepared  then. 

Against  theories  of  an  ambush  or  well-planned  conspiracy  stands  the  evi- 
dence that  on  Tuesday  evening  Ahmed  was  annoyed  and  apprehensive  about 
the  police  surveillance.  He  expressed  such  sentiments  to  Walter  Beach  and 
George  Forbes.  He  had  memories  of  police  violence  in  Akron.  "So  we  armed 
ourselves.  And  what  followed  was  chaos." 

In  an  interview  published  in  the  Cleveland  Press,  August  2,  Ahmed  offered 
his  version  of  his  movements  after  leaving  the  house: 

I  was  heading  for  the  Lakeview  Tavern  [at  the  corner  of  Auburndale 
and  Lakeview]  when  I  heard  some  shots  coming  from  the  end  of  the 
street.  Then  one  of  the  brothers  passed  me  running.  Some  policemen 
in  a  blue  detective's  car  opened  up  with  a  machinegun  and  he  was  dead. 
So  I  ran  into  a  yard  and  I  began  trading  shots  with  a  policeman  behind  a 
parked  car.  I  couldn't  hit  him.  I  wasn't  coming  anywhere  close  to  him. 
And  then  my  carbine  jammed. 

According  to  Ahmed,  he  then  hid  in  bushes  and  tried  to  fix  the  carbine,  but 
without  success. 

In  an  interview  for  this  study,  Ahmed  said  that  he  had  rounded  the  corner 
and  was  walking  on  Lakeview  when  he  heard  the  first  shot.  When  he  went  to 
investigate,  he  saw  the  tow-truck  operator  running  along  Beulah.  Then,  he 
said,  he  heard  what  sounded  like  a  submachinegun  blast;  he  later  concluded 
that  this  was  the  fire  that  killed  Amir  Iber  Katir,  one  of  his  followers.  (The 
account  by  Lt.  Miller  and  the  observations  of  a  radio  reporter  who  arrived  at 
the  scene  support  the  conclusion  that  the  first  person  killed  was  a  black  na- 
tionalist. The  corner's  autopsy  revealed  four  bullet  wounds: the  right  chest, 
right  thigh,  left  leg,  and  left  thigh.5)  Ahmed  has  concluded:  "We  were  am- 
bushed, not  the  police." 

An  eyewitness  recalled  that  Ahmed  came  down  the  street  very  coolly.  By 
the  time  he  got  to  Beulah,  the  shooting  had  begun.  Ahmed,  said  the  witness, 
was  carrying  an  automatic  weapon,  and  when  he  reached  the  corner  he  started 
firing. 


50  Shoot-Out  in  Cleveland 

Ahmed  himself,  he  came  down  later.  On  his  side,  and  when  he  came 
down  with  the  automatic  rifle  or  machinegun,  whichever  it  be,  his  rifle 
drowned  all  the  other  guns. ...  He  came  down  peacefully.  He  came 
down  the  left  side  of  the  street  and  when  he  turned  the  corner,  that's 
when  all  hell  broke  loose. 

Ahmed  has  admitted  that  he  did  not  have  total  control  of  the  situation. 
There  were  many  nationalists  involved  and  he  was  only  one.  "I  had  come  to 
be  the  leader.  But  the  night  of  the  23d,  there  was  no  leader.  After  we  got 
our  guns,  it  was  every  man  for  himself." 


In  the  1-hour  period  between  8:30  p.m.  and  9:30  p.m.  on  Tuesday  even- 
ing, at  least  22  people  were  killed  or  injured  in  the  raging  gun  battle  between 
police  and  snipers.  The  major  shooting  occurred  along  Lakeview  Avenue  be- 
tween Beulah  Avenue  and  Auburndale,  a  distance  of  less  than  300  yards,  and 
ranged  no  more  than  a  block  each  way  on  side  streets. 

The  area  is  no  place  to  hold  a  shoot-out.  Lakeview  itself  is  narrow.  The 
side  streets  are  even  narrower,  and  some  of  them  jut  at  odd  angles.  Houses 
are  close  together,  sometimes  separated  by  narrow  passageways.  There  is  little 
room  to  maneuver 

When  a  radio  call  for  assistance  went  out  about  8:30  p.m.,  it  was  an  ""all 
units"  call;  any  available  unit  in  the  city  could  respond.  Police  throughout 
the  city  left  their  regular  patrols  and  rushed  to  the  scene,  anxious  to  help 
their  comrades  in  trouble.  A  radio  newsman  estimated  there  were  40  to  50 
police  officers  when  he  arrived  at  8:45  p. m.  Later  there  were  "several  hun- 
dred officers,"  according  to  the  Cleveland  Press.  Nearby  streets  accumulated 
long  lines  of  abandoned  patrol  cars  as  police  parked  their  cars  as  close  to  the 
shooting  as  possible,  grabbed  their  weapons,  and  ran  to  lend  assistance.6 

The  battle  that  ensued  was  a  combination  of  confusion  and  panic.  Police 
enthusiastically  rushed  into  the  area  without  knowing  precisely,  or  even  gen- 
erally, what  they  were  rushing  into.  The  response  had  largely  been  personal 
initiative  rather  than  planned  reaction  and  an  orderly  show  of  controlled 
force.  Each  officer  grabbed  his  gun  and  did  what  he  could.  "Perhaps  some 
snipers  were  shot  and  killed,"  a  policeman  recalled  of  his  experience.  "I  fired, 
mostly  at  shadows."  No  one  assumed  command.  There  was  no  orderly  way 
to  report  to  headquarters  and  no  way  for  headquarters  to  issue  directives. 
Police  had  largely  abandoned  their  radios  when  they  left  their  cars. 

After  the  initial  shooting,  the  violence  clustered  around  three  locations: 
East  123d  and  Beulah  (location  of  the  tow  truck);  two  adjoining  houses  on 
Lakeview  (1391  and  1395);  and,  the  Lakeview  Tavern  and  12312  Auburndale 
(Ahmed's  residence). 

Among  the  first  to  respond  to  the  call  for  assistance  were  Patrolmen  Joseph 
McManamon  and  Chester  Szukalski  in  Car  591.  They  approached  the  area 
from  the  south,  driving  up  123d  Street.  "I  didn't  see  any  people,  any  children 
or  anyone  playing,"  Szukalski  recalls.  "All  I  could  see  was  the  yellow  tow 
truck  parked  on  the  northeast  corner  of  123d  and  Beulah." 

As  McManamon  pulled  in  front  of  the  tow  truck,  shots  hit  the  patrol  car 
on  the  passenger  side  where  Szukalski  was  sitting.  Both  men  crawled  out  the 
driver's  side,  but  Szukalski  was  hit  before  he  escaped. 


A  Midsummer's  Nightmare  5 1 

I  got  hit  in  the  right  forearm  first,  but  I  couldn't  see  where  the  shots 
were  coming  from.  I  just  knew  they  were  coming  from  my  right  and 
from  a  higher  elevation.  As  I  tried  to  crawl  to  safety,  I  was  hit  in  the 
right  thigh.  It  was  the  third  shot  that  hit  me  that  really  wrecked  me. 
That  one  hit  my  right  calf,  causing  a  compound  fracture  of  my  right 
leg,  then  hit  my  left  calf.  By  then  I  could  hardly  crawl.  The  pain  was 
awful.  I  crawled  about  thirty  or  forty  feet  to  a  building,  waiting  for 
help.  We  [Szukalski  and  McManamon]  could  see  other  policemen  in 
the  area,  but  they  couldn't  get  to  us  because  the  gunfire  was.  so  intense 
and  constant.  We  waited  about  fifteen  minutes  for  our  buddies  to  get 
us  out. 

McManamon  was  slightly  wounded  by  fragments  from  the  bullet  that  broke 
Szukalski's  leg. 

As  Amir  Iber  Katir  lay  dying  on  the  sidewalk  and  more  police  cars  con- 
verged on  the  scene,  the  snipers  on  Beulah  Avenue  retreated  across  Lakeview 
into  the  narrow  alley  that  is  an  extension  of  Beulah.  With  police  in  pursuit 
they  turned  right  into  the  alley  parallel  to  Lakeview  and  began  exchanging  fire 
with  police  from  between  the  houses.  Some  forced  their  way  into  the  two- 
and-a-half-story  frame  house  at  1395  Lakeview  and  occupied  the  second  floor. 
Beatrice  Flagg  was  watching  television  in  her  first-floor  apartment  when  the 
shooting  started. 

They  started  shooting  and  I  was  afraid  to  look  out.  I  told  my  kids  to 
get  down  on  the  ground  and  pray.  I  looked  out  and  there  was  an  army 
of  police  there.  I  could  hear  a  lot  of  loud  swearing  upstairs.  I  begged 
the  police  to  stop  shooting  but  they  wouldn't  listen.  I  barred  the  door 
because  I  didn't  want  anybody  to  get  in  and  then  I  just  got  back  down 
on  the  ground. 

Mrs.  Flagg  and  her  children  escaped  from  the  house  after  tear  gas  began  to  fill 
her  living  room.  Mrs.  Henry  Ferryman,  on  the  second  floor  with  her  9-month- 
old  baby,  also  managed  to  escape.7 

Police  then  occupied  the  first  floor  of  the  house  next  door  (1391  Lake- 
view).  In  the  area  between  the  two  buildings,  Patrolman  Louis  E.  Golonka 
was  shot  and  killed.  Police,  firing  at  armed  men  in  the  alley  from  windows  of 
1391  Lakeview,  killed  Sidney  Curtis  Taylor  (Malik  Ali  Bey)  and  wounded 
Lathan  Donald  (Londue).  From  nearby  bushes  a  man  rose  and  tried  to  fire  at 
police.  Picking  up  Patrolman  Golonka's  shotgun,  a  policeman  fatally  shot  the 
man,  who  was  Bernard  Donald  (Nondu  Bey),  brother  of  Lathan  Donald.  The 
bodies  of  the  three  black  nationalists- two  dead,  one  severely  injured-lay  in 
the  alley  amid  carbines  and  bandoliers  until  after  midnight. 

Another  gun  battle  was  raging  at  the  intersection  of  Auburndale  and  Lake- 
view.  Patrolman  Kenneth  Gibbons  and  Willard  Wolff,  in  Car  505,  had  re- 
sponded to  the  call  for  assistance  and  reportedly  were  the  first  to  arrive  at  the 
intersection.  Another  policeman  was  on  the  scene,  however:  an  unidentified 
plainclothesman  struggling  with  a  "ymmg  punk"  near  Ahmed's  house.  As 
they  left  the  car  to  assist,  a  high-powered  bullet  hit  the  motor  and  the  car  ex- 
ploded. Gibbons  was  shot  and  seriously  injured;  Wolff  was  killed. 

Sgts.  Sam  Levy  and  Bill  Moran  also  were  among  the  first  to  arrive  at  Au- 
burndale and  Lakeview.  They  heard  shots  coming  from  backyards.  Levy  de- 
scribes their  response: 


52  Shoot-Out  in  Cleveland 

We  dodged  through  the  yards  and  crawled  along  to  the  back  of  the 
Lakeview  Tavern,  where  I  saw  shells  on  the  ground.  I  got  to  the  north- 
east corner  of  Auburndale  and  Lakeview  and  I  saw  some  empty  ammu- 
nition clips  in  the  driveway  behind  the  bar.  I  started  up  the  driveway 
and  I  must  have  gone  about  three  steps  when  I  was  hit. ...  I  dove  into 
the  gutter  and  tried  to  get  behind  a  car  parked  near  the  intersection. 
They  kept  shooting  and  I  was  hit  again.  They  shot  at  anybody  who 
moved. 

Levy  took  refuge  under  the  parked  car.  He  was  stranded  for  nearly  an  hour 
before  help  could  reach  him. 

Lt.  Elmer  Joseph  entered  Auburndale  from  Lakeview  about  the  same  time 
that  Sergeant  Levy  was  wounded.  He  was  on  the  sidewalk  when  he  was  hit; 
he  managed  to  get  himself  to  cover.  Lieutenant  Joseph  was  also  stranded  for 
almost  an  hour.  Henry  Orange,  a  50-year-old  civilian,  was  wounded  at  about 
the  same  time,  allegedly  while  assisting  police.  Patrolman  Richard  Hart  was 
shot  in  the  back,  apparently  by  a  sniper  hiding  in  a  dark  doorway,  then  hit 
several  more  times  as  he  writhed  in  the  middle  of  Lakeview. 

Lt.  Leroy  James  and  Sergeant  Gentile  stopped  at  Sixth  District  headquar- 
ters to  "pick  up  extra  weapons"  after  they  heard  the  call  for  assistance.  They 
entered  the  battleground  area  from  East  124th  Street,  thus  approaching  Au- 
burndale from  the  east.  They  parked  and  continued  to  Auburndale  on  foot. 
As  Lieutenant  Jones  turned  the  corner  onto  Auburndale,  Sergeant  Gentile, 
behind  him,  heard  heavy  fire.  Gentile  hurried  around  the  corner,  only  to  see 
Jones  fall  to  the  sidewalk  in  the  middle  of  the  block.  Gentile  attempted  to 
approach  Jones,  but  the  heavy  fire  kept  him  from  reaching  his  wounded 
partner. 

Patrolmen  Angelo  Santa  Maria  and  Steve  Sopko  also  rushed  to  the  scene. 
By  the  time  they  got  there,  so  many  police  cars  were  in  the  area  that  they  had 
to  park  two  blocks  away.  While  Sopko  headed  in  another  direction,  Santa 
Maria  ran  behind  the  houses  on  Auburndale.  From  there  he  could  see  a  police 
officer  lying  on  the  sidewalk.  "I  yelled  to  other  police  under  cover  across  the 
street,  'Who  is  it?'  They  yelled  back,  'Lieutenant  Jones.' " 

Then,  says  Santa  Maria,  he  talked  to  several  Negro  bystanders,  asking  for  a 
volunteer  to  drive  a  car  alongside  Lieutenant  Jones  so  that  Santa  Maria  could 
drag  him  into  it.  Several  offered  help;  Santa  Maria  chose  a  man  whom  police 
later  identified  as  James  E.  Chapman,  a  22-year-old  filing  clerk  who  lived  next 
door  to  the  Lakeview  Tavern.  Santa  Maria  got  into  Chapman's  car. 

I  told  him  to  drive  up  parallel  to  Jones  and  throw  himself  on  the  floor 
and  I  would  try  to  drag  Jones  in.  But  cars  were  parked  bumper  to 
bumper.  We  both  got  out  and  separated,  trying  to  get  around  them. 
On  the  sidewalk  a  sergeant  met  me.  We  decided  to  throw  a  smoke  bomb 
for  cover. 

Then,  according  to  the  Cleveland  Press,  "the  sergeant  opened  up  with  his  sub- 
machinegun  to  protect  Santa  Maria,  who  went  into  the  smoke  to  get  Jones." 
(Cleveland  police  are  not  issued  automatic  weapons,  and  it  is  against  regula- 
tions to  possess  them.)  Santa  Maria  describes  the  rescue: 

I  grabbed  his  legs  and  started  to  drag  him  out  when  I  was  hit  in  the 
back.  I  tried  to  crawl  but  I  didn't  get  very  far.  Some  policeman  [later 


A  Midsummer's  Nightmare  53 

identified  as  Patrolman  Steven  Marencky]  dragged  me,  then  threw  me 
over  his  shoulder  and  put  me  in  a  police  car. 

Santa  Maria  did  not  know  the  identity  of  the  Negro  who  was  helping  him  nor 
what  happened  to  him  next.  From  newspaper  accounts  and  the  coroner's  re- 
port, it  is  apparent  that  James  E.  Chapman  died  from  a  massive  head  wound, 
fired  from  an  automatic  weapon  from  a  direction  to  his  right  and  above  him. 
The  identification  of  Chapman  as  Santa  Maria's  helper  was  first  made  by  po- 
lice in  a  Cleveland  Press  article  8  days  after  the  event.  Chapman  was  pro- 
claimed a  hero,  and  Bluecoats,  Inc.,  an  organization  that  helps  widows  of  po- 
licemen, departed  from  standard  policy  to  present  a  thousand-dollar  check  to 
Chapman's  widow.8 

Two  patrolmen  made  an  attempt  to  rescue  Sergeant  Levy  and  Lieutenant 
Joseph,  who  lay  wounded  on  the  street,  pinned  there  by  sniper  fire.  Thomas 
Smith  ran  to  Lieutenant  Joseph,  dragged  him  across  the  street  to  safety,  then 
ran  to  Sergeant  Levy,  who  was  lying  under  a  car.  He  dragged  Levy  from  un- 
der the  car,  started  to  pick  him  up,  and  was  shot  in  the  right  shoulder.  "I 
spun  around  and  then  I  was  struck  by  crossfire  and  fell  to  the  ground."  Pa- 
trolman Ernest  Rowell  had  joined  in  the  attempt  to  rescue  Levy. 

Smith  was  hit.  I  was  hit  as  I  dropped  to  the  ground  near  Levy.  Smith 
was  still  exposed.  I  managed  to  pull  him  near  us.  I  couldn't  get  him 
under  the  car.  So  I  put  my  legs  over  his  head.  He  was  moaning  that  he 
couldn't  move  his  legs.  I  loosened  Levy's  shirt  and  partially  stopped 
the  bleeding.  We  kept  assuring  each  other  help  would  reach  us. ... 
Finally— it  rnust  have  been  an  hour  later— a  tear  gas  cannister  was  acci- 
dentally triggered  by  another  policeman.  But  that  cloud  was  a  welcome 
sight,  even  though  it  was  burning  our  eyes.  As  the  cloud  covered  the 
car,  I  jumped  up  and  ran  towards  Lakeview  Road.  The  gunfire  was  rat- 
tat-tat-ing  in  spurts.  It  was  now  or  never. 

Two  other  patrolmen,  William  Traine  and  James  Herron,  took  advantage  of 
the  tear  gas  and  headed  toward  the  car  protecting  Levy  and  Smith.  With  the 
help  of  other  policemen  they  got  them  placed  on  stretchers  and  rolled  to  an 
ambulance  about  20  feet  away. 

Patrolman  Leonard  Szalkiewicz  was  wounded  on  Lakeview,  near  the  in- 
tersection of  Auburndale,  as  he  was  pushing  a  patrol  car  blocking  the  street. 
"At  first  I  wasn't  sure  whether  I  was  shot  or  whether  I  was  cut  by  flying 
glass."  Another  patrolman,  Anthony  Sherbinski,  was  wounded  about  9:30 
p.m.  as  he  shot  at  snipers  from  the  second  floor  of  the  Lakeview  tavern.  A 
civilian  John  Pegues,  was  shot  in  the  leg  about  the  same  time.9 

By  9:45  the  shooting  had  died  down,  and  police  were  able  to  move  into 
12312  and  12314  Auburndale  to  search  for  suspects.  A  reporter  at  the  scene 
counted  17  men  and  women,  presumably  all  the  occupants  of  the  two  houses, 
brought  out,  loaded  into  patrol  cars,  and  taken  to  district  headquarters  for 
questioning.  Fred  (Ahmed)  Evans  was  not  among  them.  No  casualties  were 
found  in  the  two  houses.  Four  rifles  and  a  number  of  boxes  of  ammunition 
were  recovered  from  the  houses,  another  rifle  from  a  car  parked  nearby. 

The  next  morning,  at  9:30  a.m.,  police  arrested  and  charged  three  individ- 
uals for  participating  in  the  shooting:  John  Hardrick,  17;  Leslie  Jackson  (Osu 
Bey),  16;  and  Alfred  Thomas,  18.  All  were  found  at  12314  Auburndale,  the 


54  Shoot-Out  in  Cleveland 

house  next  door  to  Ahmed's.  John  Phillips,  the  arresting  officer,  later  testi- 
fied in  juvenile  court  that  he  found  Hardrick  hiding  in  the  bedroom  where 
three  more  high-powered  rifles  were  also  found.  According  to  Phillips,  Hard- 
rick  said  he  had  been  given  his  rifle  by  Ahmed  around  5 :30  p.m.  on  the  even- 
ing of  July  23.  Ahmed  showed  him  how  to  use  the  rifle  and  told  him  to  be 
on  the  alert.  Jackson,  said  Phillips,  had  been  given  his  rifle  by  a  sniper  who 
came  down  from  the  roof  of  the  building  after  the  shooting  started.  Both 
youths,  Phillips  told  the  court,  admitted  to  firing  their  rifles  "four  or  five 
times"  during  the  evening. 

No  other  individuals  apprehended  in  the  vicinity  of  Auburndale  and  Lake- 
view  were  charged  by  police  for  participating  in  the  shooting. 


On  the  evening  of  July  23d,  Henry  Perryman,  minister  of  a  store-front 
church  on  Superior  Avenue,  was  on  his  way  to  Akron,  scene  of  recent  racial 
disturbances,  to  help  "cool  things  down."  His  car  radio  brought  news  of  the 
shootings  in  his  Cleveland  neighborhood.  Perryman  turned  around  and  sped 
homeward.  He  arrived  back  in  Glenville  to  discover  that  police  were  firing  at 
snipers  in  his  own  house  at  1395  Lakeview. 

Distraught,  fearful  for  the  safety  of  his  family,  Perryman  attempted  to  en- 
ter the  house,  but  a  policeman  held  him  back.  "That  man  saved  my  life,"  says 
Perryman.  He  found  his  wife  and  9-month-old  son  in  safety  across  the  street. 
Eleven-year-old  Michael  Perryman,  who  had  left  the  house  early  in  the  even- 
ing, was  nowhere  to  be  found. 

A  fierce  gun  battle  raged  around  1395  Lakeview,  lasting  long  after  the 
shooting  had  subsided  at  Auburndale  and  Lakeview.  Police  reported  that  the 
snipers  were  firing  wildly  from  every  floor  of  the  house.  They  called  to  a 
sniper  in  the  basement  to  surrender,  but  he  answered  them  with  obscenities. 
At  one  point,  according  to  the  police,  a  man  came  out  of  the  house  and  fired 
a  weapon  randomly  from  the  areaway  between  1395  and  1391.  He  returned 
to  the  house,  and,  when  he  appeared  at  a  window,  police  shot  and  felled  him. 
The  shooting  from  the  first  floor  stopped,  but  continued  from  the  second. 

Around  midnight,  a  group  of  police  attempted  to  storm  the  house.  They 
got  through  one  door;  a  locked  second  door  barred  them  from  access  to  the 
second  floor.  They  shot  off  the  lock  but  then  encountered  a  steel  wedge  be- 
hind the  door.  Furniture  and  bedding  were  leaning  against  the  door  on  the 
other  side.  They  could  not  get  to  the  sniper  on  the  second  floor.  The  body  of 
the  sniper  who  had  been  shooting  from  the  first  floor,  they  reported,  lay  on 
the  kitchen  floor  dead. 

"At  this  time,"  Lieutenant  Miller  reported  at  the  City  Hall  press  confer- 
ence on  August  9,  "the  house  erupted  in  flames."  The  cause  of  the  fire  has 
not  been  determined,  but  residents  of  the  area  are  convinced  that  the  police 
set  the  fire  themselves.  Henry  Perryman  has  made  a  plea  to  the  city  of  Cleve- 
land for  compensation  for  the  destruction  of  his  home. 

Perryman  watched  his  home  burn  to  the  ground;  the  house  next  door 
(1391  Lakeview)  catch  fire  and  burn  also.  Police  reported  hearing  shouts  of 
"Omar,  Omar"  and  "Ali"  come  from  within  1395.  Ferryman's  1 1 -year-old 
son  had  still  not  been  found.  Fire  department  units  made  no  attempt  to  ap- 
proach the  burning  structures  to  extinguish  the  flames. 


A  Midsummer's  Nightmare  55 

Among  others  watching  the  buildings  consumed  in  flames  were  Council- 
man George  Forbes,  Law  Director  Clarence  James,  Walter  Beach,  and  three 
other  black  leaders:  Harllel  Jones,  Wilbur  Grattan,  and  Albert  "Breeze"  For- 
est. Forbes,  Beach,  and  Jones,  together  with  Baxter  Hill,  had  been  active 
throughout  the  evening  trying  to  restore  peace,  trying  to  talk  to  the  snipers 
but  unable  to  get  near  because  of  the  shooting.  James  had  been  touring  the 
troubled  area  as  the  Mayor's  eyewitness  and  reporter. 

When  the  two  Lakeview  houses  began  to  burn,  Harllel  Jones  wanted  to 
make  sure  that  everyone  had  been  removed  from  them.  He,  Forbes,  Grattan, 
and  Forest  approached  the  burning  buildings.  As  Jones  got  to  the  alley  be- 
hind the  houses,  he  noticed  that  the  bodies  of  the  shot  snipers  were  still  lying 
there.  One  of  the  bodies  was  beginning  to  burn;  Jones  dragged  it  away. 
Lathan  Donald,  still  alive,  was  also  in  danger  of  catching  fire.  With  the  help 
of  the  other  men,  Harllel  Jones  got  Donald  onto  a  stretcher;  Grattan  and 
Forest  began  to  carry  the  wounded  man  from  the  alley.  According  to  the  re- 
ports of  those  attempting  to  assist  Lathan  Donald-,  unidentified  police  offi- 
cers (who  had  removed  their  badges)  attacked  Grattan  and  Forest,  beating 
them  severely,  saying  "Leave  that  nigger  here  to  die."  Grattan  and  Forest  re- 
treated without  the  stretcher,  but  managed  to  tell  two  Negro  policemen  about 
the  incident  before  leaving  the  area. 

All  the  while  Forest,  Grattan,  and  Jones  were  investigating  the  dead  and 
wounded  behind  the  burning  buildings,  Clarence  James,  Assistant  Safety  Di- 
rector Frank  Moss,  and  others  remained  by  their  cars  at  Beulah  and  Lakeview. 
There  they  became  near  victims  of  the  chaos.  James  described  what  hap- 
pened: 

Now  there  were  a  lot  of  shells  exploding;  it  looked  like  they  were  burn- 
ing shells.  As  I  turned  toward  the  car  there  were  people  lined  up  on  the 
porches  and  everything,  and  an  awful  lot  of  police  officers  were  there.  I 
turned  back  toward  the  car.  I  heard  two  shots.  It  probably  was  my 
imagination,  but  I  thought  I  heard  the  "zing"  of  one,  and  I  dropped 
right  down  to  my  knees  by  the  car.  Frank  Moss  was  just  diagonally 
[across  from  me] .  I  could  see  him.  He  spun  [around]  and  started  to 
draw  his  revolver. . . .  Boy,  everybody  was  almost  in  a  freeze  position, 

and  I  got  a  little  scared I  made  up  my  mind  I  was  going  to  get  the 

hell  out  of  there. 

James  does  not  know  who  fired  the  shots,  but  he  does  not  dismiss  the  possi- 
bility that  the  one  that  came  close  to  him  was  fired  by  a  policeman. 

About  this  time,  Grattan  and  Forest  emerged  from  the  alley,  Forest  bleed- 
ing and  in  pain.  Clarence  James  and  Harllel  Jones  took  Forest  to  Forest  City 
Hospital.  There,  James  placed  a  call  to  May  or  Stokes.  Stokes  spoke  with 
Harllel  Jones,  who  was  outraged  over  police  conduct  during  the  incident,  and 
managed  to  calm  him  down.  Later,  Lathan  Donald  was  brought  to  the  prison 
ward  of  Cleveland  Metropolitan  General  Hospital  by  two  Negro  policemen 
who  had  taken  him  from  the  alley. 

Henry  Ferryman  and  his  wife  kept  a  vigil  on  their  burning  house  late  into 
the  night.  Two  cars  in  their  driveway  went  up  in  flames. 

Ferryman  was  injured  in  a  scuffle  with  a  young  militant  who  had  shouted 
at  him:  "This  is  only  the  beginning."  The  next  morning,  as  Ferryman  picked 


56  Shoot-Out  in  Cleveland 

among  the  ashes,  looking  for  redeemable  possessions,  his  son  Michael,  having 
spent  the  night  at  the  home  of  friends,  returned. 

On  July  30,  a  week  after  the  incident,  a  city  power  shovel  plied  back  and 
forth  amid  the  rubble  of  the  two  houses,  looking  for  the  bodies  of  the  two 
snipers  whom  police  had  reported  occupying  1395  and  who  were  presumed 
burned  in  the  fire.  No  bodies  were  found. 


At  1 1 : 1 1  p. m.,  before  the  fire  in  the  Ferryman  house  started,  a  call  went 
out  over  the  police  radio:  "1384  Lakeview:  front  door  open,  man  wants  to 
give  himself  up,  wants  [to  surrender  to]  Negro  policemen."  A  similar  mes- 
sage went  out  at  12:24  p. m.  This  time,  three  white  policemen,  Sgt.  Ronald 
Heinz,  Patrolmen  David  Hicks  and  John  Cullen,  approached  1384  Lakeview 
to  apprehend  the  man  who  wished  to  surrender.  Fred  (Ahmed)  Evans 
emerged  from  the  house,  shirtless,  wearing  slacks  and  sandals. 

The  house  from  which  Ahmed  came  was  across  the  street  from  the  Ferry- 
man house.  The  only  times  that  1384  Lakeview  appeared  in  official  police 
chronologies  and  records  were  the  two  broadcasts  offering  Ahmed's  sur- 
render.10 

When  Ahmed  emerged,  he  was  reported  to  have  asked:  "How  are  my 
people?"  Told  that  at  least  three  had  been  killed,  he  replied:  "They  died  for 
a  worthy  cause."  Ahmed  said  he  had  17  in  his  group. 

When  police  asked  Ahmed  where  his  weapon  was,  he  pointed  to  the  bushes 
in  front  of  the  house.  The  police  found  a  toga,  a  loaded  carbine,  five  boxes  of 
ammunition,  and  a  first-aid  kit.  Ahmed  explained:  "If  my  carbine  hadn't 
jammed  I  would  have  killed  you  three.  I  had  you  in  my  sights  when  my  rifle 
jammed."  Before  taking  him  to  central  headquarters,  one  of  the  policemen 
asked  Ahmed:  "Why  did  you  start  all  this?"  He  replied,  "You  police  have 
bothered  us  too  long."11 

Though  the  battle  between  police  and  snipers  waged  past  midnight,  the 
casualties  of  that  battle  occurred  within  the  first  hour  of  the  shooting. 

A  chronology  of  events,  issued  by  the  Mayor's  office  on  August  9,  lists  the 
following  casualties: 

Around  E.  123d  St.  and  Beulah 

William  McMillan  (tow-truck  operator)  wounded  at  8:25  p.m. 

Ptl.  Chester  Szukalski  wounded  8:30 

Ptl.  Joseph  McManamon  wounded  8:30 

Leroy  Mansfield  Williams  (suspect)  killed  9: 26(?) 

Around  1391  and  1395  Lakeview 

Ptl.  Louis  Golonka  killed  at  8: 35  p.m. 

Sidney  Taylor  Curtis  (suspect)  killed  8:40 

Bernard  Donald  (suspect)  killed  8:40 

Lath  an  Donald  (suspect)  wounded  8:45 

Around  the  Lakeview  Tavern,  12312,  and  12314  Auburndale 
a.    at  Lakeview  and  Auburndale: 

Ptl.  Willard  Wolff  killed  at  8:30  p.m. 

Ptl.  Kenneth  Gibbons  wounded  8:30 

Sgt.  Samuel  Levy  wounded  8:45 

Henry  Orange  (civilian)  wounded  8:45 


A  Midsummer's  Nightmare  57 

Lt.  Elmer  Joseph  wounded  at      8:45  p.m. 

Ptl.  Richard  Hart  wounded           8:45 

Ptl.  Leonard  Szalkiewicz  wounded           8:55 

Ptl.  Ernest  Rowell  wounded          9:30 

Ptl.  Thomas  Smith  wounded          9:30 

b.  at  the  Lakeview  Tavern: 

Ptl.  Anthony  Sherbinski  wounded          9:30 

John  Pegues  (civilian)  wounded          9:30 

c.  in  the  vicinity  of  12312  and  12314  Auburndale: 

Lt.  Leroy  Jones  killed                8:45 

Ptl.  Angelo  Santa  Maria  wounded          9:00 

James  E.  Chapman  (civilian)  killed                9:00 

Thus,  by  9:30  p.m.,  the  official  casualty  list  read:  3  police  killed,  12  in- 
jured (counting  McMillan,  the  tow-truck  operator);  3  suspects  killed,  1 
wounded;  1  civilian  killed,  2  injured.  The  count  shows  7  lives  lost  and  15  in- 
dividuals wounded:  a  total  of  22  casualties.12 


REFERENCES 

1.  At  a  press  conference  on  July  24,  Mayor  Stokes  named  four  cities  that,  according 
to  the  intelligence  reports,  were  targeted  for  simultaneous  violence:  Cleveland, 
Chicago,  Detroit,  and  Pittsburgh.  Others  recall  that  two  other  cities  were  named 
in  the  reports:  Akron,  Ohio,  and  New  York  City. 

2.  In  April  1969,  during  the  murder  trial  of  Fred  (Ahmed)  Evans,  the  prosecution 
established  that  a  gun-buying  spree  had  taken  place  and  that  Ahmed  was  one  of 
the  purchasers. 

3.  Other  sides  of  the  eviction  stories  were  investigated  by  the  Cleveland  Plain  Dealer 
and  published  Aug.  2.  A  spokesman  for  the  owner  of  the  shop  on  Hough  Avenue 
said  that  after  making  a  verbal  agreement  through  her  attorney  to  rent  the  shop  to 
Ahmed,  the  owner,  an  elderly  widow,  decided  not  to  rent  the  store  "because  it 
would  take  more  than  $1,000  to  install  toilets  and  repair  the  furnace  at  a  time 
when  negotiations  had  started  to  sell  the  building."  Notified  of  this,  the  spokes- 
man said,  Ahmed  continued  to  occupy  the  building  and  repair  it,  despite  repeated 
protests.  According  to  the  spokesman,  the  issue  of  race  was  not  involved,  since 
renters  of  adjoining  stores,  belonging  to  the  same  owner,  included  Negroes. 

Osu  Bey  was  notified  on  June  15,  when  his  rent  was  6  weeks  in  arrears,  that  he 
would  be  evicted  from  his  apartment.  The  case  was  brought  to  court  on  July  22, 
and  the  eviction  notice  was  served  the  next  day.  The  owner  of  12312  Auburndale 
said  Bey  had  been  permitting  "as  many  as  eight  to  ten  couples"  to  sleep  in  the 
apartment,  in  violation  of  housing  ordinances. 

4.  Ahmed  had  recently  visited  Akron  during  a  racial  disturbance.  There  he  had  wit- 
nessed a  police  attack  on  the  office  of  a  black  nationalist  group.  "They  had  tossed 
tear  gas  inside,  then  barricaded  all  the  doors.  They  blocked  the  people  inside  for 
about  15  minutes  and  then,  when  they  were  half-suffocated,  they  went  inside  and 
started  hitting  them  with  their  billy  clubs.  Women  and  kids,  too."  On  August  2 
he  would  tell  a  Cleveland  Press  reporter:   "When  the  police  drove  up  on  the  23d, 
we  thought  at  first  it  might  be  just  normal  surveillance,  but  then  we  remembered 
Akron." 

5.  At  the  press  conference  on  August  9,  Lt.  Miller  said  of  the  dead  sniper:  "This 
male  has  never  shown  up.  He  was  removed  while  the  fight  went  on  ...  [he]  dis- 
appeared." Amir  Iber  Katir,  however,  was  the  adopted  name  of  Leroy  Mansfield 
Williams,  who  was  on  the  official  casualty  list.  A  reporter  saw  the  body  of  the 
first  felled  sniper  being  borne  by  a  group  of  Negroes  toward  a  car  some  time  after 
9: 15  p.m.;  this  agrees  with  the  corner's  report  that  the  body  of  Leroy  Williams 


58  Shoot-Out  in  Cleveland 

arrived  by  car  at  Huron  Road  Hospital  about  9:25  p.m.  In  its  reference  to  the 
body's  original  location  as  an  "alley  at  Lakeview  Road  and  E.  123rd  Street,"  the 
coroner's  report  is  not  helpful,  since  the  two  mentioned  streets  run  parallel  south 
of  Superior. 

6.  The  abandoned  police  cars  were  vulnerable  to  one  of  the  tactics  of  urban  guerrilla 
warfare.  At  12:46  a.m.  (then  Wednesday  morning)  the  following  alert  was  broad- 
cast over  the  police  radio:  "All  Cars-Check  all  abandoned  police  cars  for  bombs 
prior  to  moving  them." 

7.  Mrs.  Ferryman  denies  newspaper  quotations  attributed  to  her  that  would  indicate 
snipers  barged  into  her  apartment  while  she  was  there.  According  to  her  husband, 
who  was  away  at  the  time,  the  first  activity  of  which  Mrs.  Ferryman  and  Mrs. 
Flagg  were  aware  was  the  shooting  by  police,  without  warning,  of  tear  gas  shells 
and  bullets  into  the  house. 

The  Call  &  Post,  on  July  27,  gave  this  version  of  the  sequence  of  events: 
"Police  ordered  the  Ferryman  home  evacuated  ...  to  protect  the  occupants  and 
to  get  vantage  points  from  which  they  could  flush  out  the  snipers.  The  snipers 
later  entered  the  abandoned  Ferryman  home  and  used  it  as  a  sniper's  [sic]  post." 

8.  Some  people,  including  several  close  relatives  of  Chapman,  did  not  accept  the 
heroic  version  of  Chapman's  death.  A  friend  of  Chapman's  claimed  he  saw  him 
alive  as  late  as  10  p.m.  The  angle  of  fire  and  type  of  weapon  do  not  rule  out  the 
possibility  that  Chapman  was  killed  by  policemen.  Police  were  reported  to  be  us- 
ing automatic  weapons.  In  a  late  stage  of  the  battle,  some  policemen  were  high 
off  the  street,  occupying  the  second  floor  of  the  Lakeview  Tavern.  The  coroner's 
description  of  the  wound  was  interpreted  as  an  indication  that  Chapman  was  shot 
from  a  distance  (and  thus  probably  by  a  sniper)  but  Alan  Moritz,  a  noted  patholo- 
gist who  examined  pictures  of  the  wound,  concluded  that  distance  could  not  be 
determined  by  the  shape  of  the  wound.  A  reporter  for  the  Negro  weekly,  the 
Cleveland  Call  &  Post,  attempted  to  investigate  the  Chapman  case  the  day  before 
the  hero  story  was  released  and  found  police  would  divulge  no  details.  The  coro- 
ner's report,  dated  July  24,  carried  a  notation  that  Chapman  was  killed  while  as- 
sisting police,  but  the  report  was  not  released  to  the  public  for  nearly  a  week,  dur- 
ing which  time  a  reporter  was  denied  access  to  it.  The  Call  &  Post  reporter  has 
concluded:   "Whether  Chapman  was  killed  by  the  police  or  the  snipers  will  prob- 
ably remain  a  mystery  forever."  It  was  to  be  no  idle  mystery,  however,  since 
Fred  (Ahmed)  Evans  was  indicted  for  the  murder  of  Chapman.  Testimony  at  the 
trial  cast  further  doubt  on  the  heroic  version  of  Chapman's  death  when  the  emi- 
nent pathologist  Cyril  Wecht  said  the  fatal  bullet  was  fired  from  no  more  than  six 
inches.  No  sniper,  of  course,  could  have  gotten  that  close  to  Chapman  in  the 
company  of  police. 

9.  The  circumstances  of  Pegues's  injury  were  never  spelled  out  by  the  police  or  other 
official  agencies.  An  eyewitness  gave  his  account  in  the  Cleveland  Call  &  Post. 
Arthur  Redan,  a  34-year-old  bricklayer's  helper,  was  in  the  Lakeview  Tavern  when 
police  ran  in  and  told  the  10  customers  and  employees  to  lie  on  the  floor.  Other 
police  came  in  and  shoved  the  3  women  and  7  men  down  into  the  basement,  fir- 
ing at  the  ceiling  in  the  process,  then  shot  tear  gas  into  the  basement.  John  Pegues, 
said  Redan,  was  wounded  by  a  policeman  during  this  episode.  When  the  10  were 
finally  released  from  the  gas-filled  basement  at  10:15  p.m.,  according  to  Redan, 
the  women  were  pushed  about  and  indecently  handled  by  police,  the  men  were 
dragged  and  pistol  whipped,  and  all  10  were  thrown  into  a  police  wagon,  taken  to 
Fifth  District  headquarters,  and  locked  in  a  single  cell  "with  John  Pegues  stretched 
out  bleeding  on  a  bench."  Redan  said  Pegues  was  refused  medical  treatment  until 
5  a.m.  Wednesday. 

In  an  interview  for  this  study,  Dick  Peery,  a  Call  &  Post  reporter,  said  he  wit- 
nessed this  violence  before  police  ordered  him  away  from  the  tavern,  disregarding 
his  press  credentials.  He  saw  the  men  from  the  tavern  being  prodded  with  rifle 
butts,  one  of  the  three  women  doubled  up  in  [extreme  pain,  the  other  two  emerg- 
ing from  the  tavern  in]  ripped  clothes.  Peery  also  interviewed  a  man  who  said  he 
was  driving  through  the  area  when  pob'ce  dragged  him  from  his  car,  beat  him  se- 
verely, and  called  him  a  nigger  and  a  cop  killer. 


A  Midsummer's  Nightmare  59 

10.  Detectives  who  later  investigated  the  attic  of  1384  Lakeview,  where  Ahmed  had 
been,  found  cigaret  butts  and  bullets  but  no  spent  shells.  According  to  Joseph 
Turpin,  a  workhouse  guard  who  lives  at  1384,  Ahmed  broke  in  the  house  about 
the  time  the  tow-truck  shooting  took  place.  (Turpin,  who  had  been  watching  the 
tow-truck  incident,  insists  that  Ahmed  did  no  shooting.)  Ahmed  went  to  the  attic 
and,  at  least  three  times  during  the  evening,  yelled  to  Turpin  that  he  wanted  to 
stop  the  battle  by  surrendering.  Turpin  says  he  called  the  police  in  Ahmed's  be- 
half at  least  five  times. 

11.  These  statements  attributed  to  Ahmed  and  published  in  Cleveland  newspapers  are 
the  substance  of  what  police  told  reporters  Ahmed  said  at  the  time.  At  the  begin- 
ning of  his  murder  trial  in  Mar.  1969,  Ahmed's  lawyers  were  denied  a  motion  to 
have  these  statements  suppressed. 

12.  There  is  evidence  that  some  individuals  who  received  injuries,  mostly  minor,  were 
not  included  on  the  official  casualty  list.  It  is  probable  that  snipers  escaped  from 
the  scene,  and  some  of  these  may  have  been  injured.  Injured  or  dead  snipers  may 
have  been  borne  to  hiding  places  by  friends.  Two  policemen  said  they  saw  a  sniper 
fall  from  the  roof  of  an  Auburndale  house;  then  four  people  dragged  him  to  a 
panel  truck  and  drove  away.  Randel  T.  Osburn,  Cleveland  director  of  the  South- 
ern Christian  Leadership  Conference,  says  he  saw  a  number  of  men  running  near 
Lakeview  and  Beulah  and  heading  toward  Superior:   "One  guy  was  running  into 
an  alley  and  he  had  been  shot  and  he  was  holding  his  shoulder,  all  bloody.  Two 
other  fellows  were  carrying  a  second  guy  that  we  never  heard  anything  else  about, 
so  I  guess  they  made  a  clean  getaway." 


Chapter  3 

REACTION:  THE  CROWDS, 
THE  POLICE,  AND  CITY  HALL 


Take  an  army  of  policemen,  especially  white  policemen,  into  the  ghetto, 
add  a  crowd  of  onlookers,  and  you  have  created  a  situation  ripe  for  mass  vio- 
lence. 

Just  north  of  the  Glenville  battlefield  lay  Superior  Avenue,  a  broad  thor- 
oughfare that  carries  U.S.  Routes  6  and  20.  A  crowd  began  to  gather  on  Su- 
perior soon  after  the  shooting  started,  barely  within  eyesight  range  of  the 
shooting  on  Lakeview  Road.  The  crowd  became  unruly,  heaving  rocks  at 
passing  cars  and  jeering  at  the  police  swarming  into  the  area.  When  the  body 
of  a  dead  or  dying  sniper  was  carried  toward  the  intersection,  the  smoldering 
hatreds  of  the  crowd  were  aroused.  "Look  what  they've  done  to  one  of  our 
brothers!"  some  were  heard  to  say. 

By  9:30  p.m.,  the  crowd  had  grown  huge.  Most  in  the  crowd  were  young; 
by  one  estimate,  the  average  age  was  22  or  23.  Their  mood  was  clearly  hos- 
tile. "The  crowd  was  berserk,"  one  eyewitness  recalls,  and  the  police  were 
frightened;  they  ran  from  their  cars  "like  scared  jack  rabbits."  A  police  car 
on  Superior  was  hit  by  a  Molotov  cocktail;  there  was  a  "whoosh"  and  it  went 
up  in  flames.  The  crowd  scattered  when  ammunition  in  the  car  began  to  ex- 
plode. A  panel  truck  came  down  Superior  and  turned  wildly  directly  into  the 
crowd.  The  white  driver  was  grabbed,  pulled  from  the  truck,  and  beaten  to 
bloodiness.  The  crowd  turned  the  truck  over  and  set  it  afire.  Herbert  Reed,  a 
21 -year-old  patrolman,  was  pulled  from  his  car  at  East  124th  and  Superior  by 
a  gang  of  Negro  youths  and  beaten  savagely.  Two  news  cars  containing  valu- 
able equipment  were  set  afire  and  destroyed. 

As  they  had  done  on  the  first  night  of  the  Hough  riot  in  1966,  the  police 
sensed  that  the  crowd  was  beyond  control  and  they  abandoned  the  situation. 
As  the  huge  crowd  began  to  move,  it  found  itself  free  of  police  restraint.  A 
few  black  policemen  remained  to  prevent  cars  with  white  occupants  from  run- 
ning the  Superior  Avenue  gauntlet. 

Mobs  began  to  spread  along  Superior.  Teenagers  wrapped  sweaters  around 
their  elbows  and  rammed  plate  glass  windows  of  stores  along  the  avenue, 
breaking  them  with  a  single  thrust.  "All  you  could  hear  was  glass  breaking," 
an  eyewitness  recalls.  Gangs  of  looters  and  arsonists  spread  westward  almost 
to  Rockefeller  Park,  a  buffer  zone  a  mile  away  from  Lakeview.  At  East  105th 
and  Superior,  close  to  Rockefeller  Park,  a  block  of  buildings  was  burned  to 
the  ground.  A  store  that  Ahmed  once  had  rented  on  Superior  Avenue  went  up 
in  flames,  along  with  all  the  buildings  next  to  it.  Stores  all  along  East  105th 
were  looted.  The  violence  spread  all  the  way  to  St.  Clair  Avenue,  more  than  a 

61 


62  Shoot-Out  in  Cleveland 

mile  north  of  Superior.  Sporadically  it  broke  out  on  the  other  side  of  Rocke- 
feller Park,  as  far  west  as  East  55th  Street  and  including  the  troubled  area  of 
Hough. 

Patrol  cars  were  dispatched  to  disperse  looters,  to  answer  calls  of  shoot- 
ings, to  pick  up  youths  carrying  gasoline  cans  or  weapons.  Often  they  had  to 
report  back  "gone  on  arrival"  or  "unable  to  locate."  A  heavy  rainstorm 
shortly  after  midnight  offered  hope  of  ending  the  violence,  but  the  storm  was 
short  lived.  The  looting  and  fire  setting  continued  through  the  night.  Fire 
engines  were  brought  in  from  all  parts  of  the  city  and  deployed  in  groups  for 
protection  against  the  hindering  mobs.  Firemen  sometimes  arrived  on  the 
scene  to  find  hydrants  had  been  opened,  making  it  difficult  to  hook  up  hoses. 
They  faced  gangs  of  youths  throwing  bottles  and  rocks  at  them;  some  re- 
ported sniper  fire.  Eventually,  some  fire  crews  refused  to  answer  calls  with- 
out a  police  escort.  The  next  day  Fire  Chief  William  E.  Barry  reported  that 
the  fire  department  had  responded  to  between  50  and  60  legitimate  fires  in 
the  troubled  area  during  the  night,  most  of  the  fires  occurring  along  Superior 
Avenue  east  of  Rockefeller  Park.  About  20  were  "major"  fires,  involving  two 
or  more  buildings.  1 

Apart  from  those  picked  up  as  "suspicious  persons"  and  those  implicated 
in  the  Glenville  shooting,  28  Negroes  were  arrested  during  the  night  of  July 
23-24  in  connection  with  the  racial  disturbances.  Twenty-one  were  charged 
with  looting,  one  with  malicious  destruction  of  property,  two  with  burglary, 
and  one  with  armed  robbery.  Three  people  related  to  one  another  were  ar- 
rested near  East  124th  and  Auburndale  for  carrying  concealed  weapons.  All 
but  five  of  the  28  arrested  were  at  least  20  years  old.  Five  of  those  arrested 
were  women. 


During  the  night,  East  Side  hospitals,  already  overburdened  with  the  vic- 
tims of  the  Glenville  gun  battle,  began  to  receive  the  casualties  of  the  spread- 
ing violence.  Some  were  brought  in  mortally  wounded. 

About  midnight,  19-year-old  Eddie  Roddick  and  three  of  his  friends  were 
waiting  for  a  bus  at  East  79th  and  St.  Clair.  Two  cars  drove  up,  according  to 
Roddick,  each  containing  two  white  men.  "They  had  pistols  poking  out  of 
the  windows  and  they  yelled  racial  insults  at  us."  When  one  of  the  men  fired 
a  shot,  Roddick  and  his  friends  began  running.  Clifford  Miller,  a  22-year-old 
Marine  absent  without  leave  from  Camp  Lejeune,  ran  2  blocks  along  St.  Clair 
and  then  decided  to  stop.  The  white  men  got  out  of  their  cars,  says  Roddick; 
one  of  them  struck  Miller  on  the  head  with  his  rifle,  then  another  shot  Miller 
twice  in  the  head  with  a  pistol.  (The  coroner's  examination  revealed  no 
bruises,  and  only  one  gunshot  wound.) 

The  white  men  went  back  to  their  cars  and  started  to  drive  off  and  we 
went  to  Clifford.  We  asked  him  if  he  was  all  right  and  one  of  us  lifted 
his  head.  Then  the  white  men  got  out  of  their  cars  again  and  one  of  us 
said  "Let's  get  out  of  here.  He's  dead.  We  can't  help  him." 

Then,  said  Roddick,  the  white  men  began  to  fire  at  him  and  his  companions, 
pursuing  them  until  they  escape  into  a  nearby  park.  A  patrol  car,  responding 
to  a  report  of  the  shooting,  conveyed  Miller  to  Mt.  Sinai  Hospital,  where  he 
was  pronounced  dead  on  arrival. 


Reaction:  The  Crowds,  the  Police,  and  City  Hall  63 

Three  days  later  the  police  picked  up  a  white  man  and  his  two  teenage  sons 
as  suspects  in  the  shooting,  but  released  them  for  want  of  evidence.  The  mur- 
der of  Clifford  Miller  has  never  been  solved. 


James  C.  Haynes  was  a  30-year-old  stock  clerk  who  earned  extra  money  as 
a  custodian  and  guard  in  the  apartment  building  in  which  he  lived  at  1 270 
East  83d  Street.  The  building  was  close  to  Superior  Avenue,  and  Haynes  was 
aware  of  the  looted  and  burning  buildings  at  105th  and  Superior,  three- 
quarters  of  a  mile  to  the  east.  Apprehensive  about  trouble  in  his  own  neigh- 
borhood, Haynes  armed  himself  with  a  pistol.  Around  midnight,  according  to 
his  father,  a  gang  of  youths  attempted  to  enter  the  building;  Haynes  exchanged 
fire  with  them  and  the  youths  fled.  (Others  says  Haynes  merely  fired  into  the 
air  and  the  youths  scattered.)  Haynes  returned  to  his  apartment,  picked  up  a 
shotgun,  then  walked  downstairs  and  out  of  the  building. 

What  happened  next  has  never  been  clarified.  One  thing  is  clear:  shots 
rang  out.  The  body  of  James  Haynes  was  later  found  in  an  alley  behind  8203 
Superior  Avenue,  riddled  with  shotgun  wounds,  another  Negro  fatality  in 
Tuesday's  long  night  of  violence. 

Around  the  corner  from  Haynes'  apartment,  a  number  of  young  black  mili- 
tants were  gathered  at  the  Afro  Set,  the  craft  shop  and  meeting  place  run  by 
Harllel  Jones.  Early  in  the  evening,  Jones  had  given  assurance  to  Law  Director 
Clarence  James  and  Councilman  George  Forbes  that  his  followers  would  not 
participate  in  the  violence.  He  himself  was  traveling  through  the  troubled  area 
with  James  and  Forbes,  helping  them  in  their  effort  to  restore  peace  and  calm 
their  fellow  black  citizens.  Lyonel  Jones  (no  relation  to  Harllel),  director  of 
the  Legal  Aid  Society  of  Cleveland,  was  at  the  Afro  Set  to  help  keep  the  situa- 
tion calm  there.  As  a  further  precaution  against  trouble,  James  had  stationed 
a  Negro  policeman  at  the  building. 

Police  may  have  heard  the  pistol  shots  fired  by  Haynes,  or  they  may  have 
responded  to  a  message,  broadcast  on  patrol-car  radios  about  1 1 :45  p.m.,  that 
two  policemen  were  trapped  in  a  building  on  East  82d  and  Superior  and  that 
Negro  males  were  setting  it  afire.  (The  source  and  substance  of  that  report 
are  further  unsolved  elements  in  the  episode.)  In  either  case,  very  quickly 
there  were  several  patrol  cars  at  the  scene. 

According  to  Lyonel  Jones,  eight  policement  barged  into  the  Afro  Set, 
shot  at  the  ceiling,  and  ordered  the  occupants  to  leave.  A  white  captain  or- 
dered the  Negro  policeman  whom  James  had  stationed  there  to  return  to 
Fifth  District  headquarters.  "Get  your  black  ass  out  of  here,"  he  was  over- 
heard saying  in  response  to  the  policeman's  protests. 

Then,  say  eyewitnesses,  a  patrol-car  crew  drove  into  a  gas  station,  turned 
off  the  headlights,  and  began  to  fire  in  the  direction  of  the  apartment  build- 
ing where  James  Haynes  lived.  Another  car,  they  say,  drove  into  the  alley  be- 
hind Superior  where  Haynes  was  later  found  dead.  Police  believed  they  were 
being  fired  at;  a  patrol-car  broadcast  about  11:50  p.m.  indicated  two  police- 
men were  "pinned  down"  by  snipers  hiding  in  bushes  in  front  of  a  funeral 
home  near  East  82d  and  Superior. 

Law  Director  James,  Councilman  Forbes,  and  Harllel  Jones  arrived  in  a 
police  car  at  82d  and  Superior  after  the  shooting  had  subsided.  (James 
had  been  informed  of  the  trouble  there  by  the  mayor's  office  in  a  phone 


64  Shoot-Out  in  Cleveland 

conversation.)  Another  police  vehicle,  Car  35 1 ,  was  parked  in  front  of  the 
Afro  Set.  As  James  got  out  of  the  car,  a  group  of  young  militants  approached 
him  in  a  state  of  excitement:  "That's  the  car  that  did  the  shooting;  that's  the 
car  that  did  the  shooting  [in  the  Afro  Set] ,"  they  said,  indicating  Car  35 1 . 

As  James  approached  Car  351  to  speak  to  its  occupants,  it  pulled  away 
from  the  curb  and  proceeded  down  Superior  Avenue.  James  grabbed  the 
microphone  from  his  police  car  and  radioed  the  following  message:  "Car  351, 
this  is  the  Law  Director;  return  to  the  scene  on  Superior  that  you  just  left." 
Car  351  kept  going,  slowed  down  momentarily,  then  sped  up  again  as  James 
repeated  his  message.  Then  it  turned  into  a  side  street. 

James  and  Forbes  got  into  the  police  car  and  ordered  the  driver  to  pursue 
Car  351  with  the  siren  on.  They  turned  where  Car  351  turned,  but  the  patrol 
car  was  not  in  sight.  James  called  the  radio  dispatcher:  "This  is  the  Law  Di- 
rector in  8C.  Will  you  locate  Car  35 1?"  He  heard  the  dispatcher  broadcast 
the  message:  "Car  35 1 :  your  location?"  There  was  no  answer.  Then  James 
thought  he  saw  35 1  ahead  of  them,  running  without  lights  on.  He  pursued 
the  car,  siren  still  screaming.  As  he  drew  near,  Car  35 1  slowed  to  a  stop  in 
front  of  him.  The  headlights  came  on.  "Car  35 1 ,"  James  radioed,  "this  is  the 
Law  Director  right  behind  you.  Please  get  out  of  your  car  and  come  back  to 
me." 

When  the  three  policemen  in  Car  35 1  approached,  James  asked  one  of 
them,  a  sergeant,  if  he  had  heard  him  at  82d  and  Superior  telling  him  to  stop 
and  return  to  the  scene.  The  sergeant  replied,  "No;  we  didn't  hear  you." 
Raising  his  helmet,  he  added:  "You  know,  we  can't  hear  to  well  with  these 
things  on."  Another  said:  "We've  got  the  radio  turned  down  and  did  not  hear 
you  call."  Why,  James  wanted  to  know,  would  they  have  the  radio  turned 
down  when  there  was  all  this  trouble  in  the  city?  James  found  their  answers 
unconvincing. 

Then  James  asked  the  sergeant  to  accompany  him  back  to  82d  and  Supe- 
rior while  the  other  officers  followed  in  Car  35 1 .  (Only  when  they  arrived 
back  at  the  Afro  Set  did  James  realize  that  one  of  the  other  officers  was  a  cap- 
tain, and  thus  in  charge  of  Car  35 1 .)  As  they  rode  back,  James  told  the  ser- 
geant about  the  complaints  of  residents  that  Car  35 1  had  done  unnecessary 
shooting.  The  sergeant  denied  the  claims,  saying  Car  35 1  had  just  arrived  on 
the  scene. 

When  they  reached  the  Afro  Set,  James  learned  that  a  dead  body  has  been 
found  in  the  alley  behind  Lakeview.  He  and  others  examined  the  body  of 
Haynes,  then  James  asked  the  police  captain,  "How  did  this  happen?"  "I 
don't  know,"  said  the  captain;  "we  had  just  come  up."  James  asked  what 
had  happened  to  the  Negro  policeman  he  had  stationed  at  the  Afro  Set.  The 
captain  admitted  that  he  had  sent  the  officer  to  Fifth  District  headquarters, 
but  denied  that  the  man  ever  mentioned  that  he  had  been  under  orders  from 
Law  Director  James. 

Residents  of  the  area  were  giving  James  their  versions  of  what  had  hap- 
pened. They  told  him  about  the  patrol  car  parked  at  the  gas  station  firing  at 
the  apartment  building  on  83d  Street.  One  confirmed  that  spent  shells  were 
lying  on  the  ground  at  the  gas  station.  A  police  photographer  had  arrived, 
and  James  sent  him  to  take  pictures  of  the  shells.  Then  James  and  others  ex- 
amined the  exterior  of  the  apartment  building.  "That  building  has  been  rid- 
dled with  bullets,"  he  told  the  policemen.  "How  did  this  happen?"  The 


Reaction:    The  Crowds,  the  Police,  and  City  Hall  65 

captain  and  the  sergeant  again  replied  that  they  had  no  knowledge  of  the  mat- 
ter since  they  had  just  arrived.  People  in  the  crowd  said  they  had  seen  a  pa- 
trol car  shooting  at  the  building.  Concerned  that  the  shooting  might  have 
produced  casualties,  James,  the  policemen  and  others  entered  the  building  to 
examine  it.  In  a  second-floor  apartment  they  found  that  high-powered  bul- 
lets had  gone  through  windows  and  torn  through  the  walls,  leaving  gaping 
holes  where  they  lodged.  There  were  holes  above  the  beds  of  two  small  chil- 
dren who  had  been  sleeping  when  the  shooting  started. 

City  officials  later  promised  an  investigation  of  the  shootings  near  East 
82d  and  Superior,  probing  for  instances  of  police  misconduct.  If  the  investi- 
gation took  place,  the  conclusions  have  not  been  made  public. 


Through  the  long  night  of  July  23-24,  1968,  Mayor  Stokes  and  top  offi- 
cials at  City  Hall  struggled  with  the  decisions  to  be  made  about  how  to  cope 
with  the  violence  in  Cleveland.  They  were  hampered  by  inadequate  and  con- 
fusing information  about  the  violence  as  it  happened,  and  by  the  lack  of  con- 
tingency planning  for  such  emergencies. 

When  he  learned  of  the  outbreak  of  shooting  from  Safety  Director  Joseph 
McManamon  about  8:30  p.m.,  Stokes  decided  to  meet  with  McManamon  and 
others  at  Sixth  District  police  headquarters,  then  changed  his  mind  and  moved 
the  meeting  to  City  Hall.  When  Stokes  arrived  at  City  Hall  about  9  p.m.,  offi- 
cials were  monitoring  the  police  radio  and  McManamon  had  a  direct  hookup 
for  talking  to  police  at  the  scene  of  the  Glenville  gun  battle.  The  number  of 
patrol  cars  that  had  rushed  to  the  Lakeview-Auburndale  area,  the  tension  of 
the  situation  there,  the  lack  of  coordination  and  measured  response,  made  it 
difficult  to  assess  what  was  happening.  It  was  similarly  difficult  to  get  a  clear 
picture  of  events  as  the  violence  spread.  An  aide  described  the  situation  at 
City  Hall  as  "totally  confusing." 

It  sounded  a.lot  worse  than  it  was.  It  sounded  like  the  city  was  burn- 
ing down  and  that  people  were  being  shot  over  the  whole  city. ...  In 
fact,  there  were  a  couple  of  isolated  shootings  that  were  not  related  at 
all.  They  are  the  normal  shootings  that  you  would  have. 

He  and  others  report  that  frequently  during  the  night  the  police  radio  carried 
rumors  and  false  reports  that  exaggerated  the  extent  of  the  violence. 

Partly  to  rectify  this,  Mayor  Stokes  sent  Law  Director  Clarence  James  into 
the  troubled  area  to  act  as  his  personal  observer  and  reporter. 

Perhaps  buoyed  by  its  success  after  the  assassination  of  Martin  Luther 
King,  the  Stokes  administration  found  itself  inadequately  prepared  to  handle 
the  violence  of  July  23.  Control  of  the  situation  was,  in  the  beginning  stages, 
left  to  police  on  the  scene,  and,  as  Stokes  was  later  to  admit,  Cleveland  police 
were  inadequately  trained  and  supplied  to  cope  with  urban  guerrilla  war- 
fare.2  According  to  Maj.  Gen.  Sylvester  Del  Corso,  Adjutant  General  of  the 
Ohio  National  Guard,  he  had  tried  to  get  the  Stokes  administration  to  discuss 
measures  for  handling  racial  disturbances  but  had  been  rebuffed. 

By  9: 15  p.m.,  Stokes  had  decided  that  the  situation  might  get  beyond  the 
control  of  local  forces  before  the  night  was  over.  He  called  Gov.  James  A. 
Rhodes,  who  was  attending  the  National  Governors  Conference  in  Cincinnati, 
to  inform  him  of  the  situation.  The  Governor  immediately  called  General 


66  Shoot-Out  in  Cleveland 

Del  Corso,  who  was  in  Akron,  and  told  him  to  report  to  Stokes.  Within  a  few 
minutes,  Rhodes  left  for  his  home  in  Columbus  to  monitor  the  disturbances 
from  there,  General  Del  Corso  was  on  his  way  to  Cleveland,  and  the  Ohio  Na- 
tional Guard  had  been  placed  on  alert. 

In  addition  to  determining  the  level  of  force  needed  to  control  the  violence, 
Mayor  Stokes  knew  that  he  would  have  to  inform  the  public  of  the  situation, 
to  avoid  misunderstanding  and  panic  and  to  keep  people  out  of  the  troubled 
area.  After  talking  to  the  Governor,  the  mayor  went  down  the  street  from 
City  Hall  to  the  television  studies  of  WKYC.  There  he  taped  a  special  an- 
nouncement to  be  used  by  WKYC  and  distributed  in  copy  to  other  Cleveland 
television  and  radio  stations.  Many  Clevelanders,  watching  a  televised  baseball 
game  between  the  Cleveland  Indians  and  the  Baltimore  Orioles,  got  the  first 
news  of  the  violence  when  Mayor  Stokes  interrupted  the  broadcast  shortly 
before  11  p.m.: 

We've  had  a  bad  situation  here  tonight  but  as  of  this  time  we  have  the 
situation  controlled.  But  we  do  need  badly  the  help  of  every  citizen  at 
this  time,  particularly  in  the  Lakeview-Superior  Avenue  area.  Stay  at 
home  and  cooperate  with  the  police.  Go  home  if  you  are  on  the  streets; 
if  you  are  at  home,  stay  inside  and  keep  your  doors  locked  so  that  we 
can  contain  the  situation. 

Later  this  message  was  broadcast  over  the  civil  defense  network. 

General  Del  Corso  arrived  at  City  Hall  about  1 1  p.m.  and  began  delibera- 
tions with  Stokes  on  the  use  of  National  Guard  troops.  Shortly  after  midnight 
the  mayor  signed  a  proclamation,  addressed  to  General  Del  Corso,  formally 
requesting  National  Guard  assistance.  "Law  enforcement  agencies  under  my 
jurisdiction  can  no  longer  adequately  cope  with  the  riotous  situation  that  ex- 
ists in  the  City  of  Cleveland,"  the  proclamation  began. 

General  Del  Corso  communicated  with  other  National  Guard  officials,  then 
emerged  at  1:10  a.m.  to  report  on  the  situation  to  the  press.  A  total  of 
15,400  Ohio  National  Guardsmen  had  been  mobilized,  he  announced,  includ- 
ing 2,600  from  the  Cleveland  area.  The  107th  Armored  Cavalry  Regiment  in 
Cleveland  had  1 ,800  Guardsmen  to  assist  police.  Seven  hundred  Guardsmen 
undergoing  summer  training  at  Camp  Perry,  60  miles  from  Cleveland,  would 
be  brought  into  the  city.  By  daylight,  General  Del  Corso  estimated,  there 
would  be  2,600  National  Guard  troops  in  Cleveland,  ready  to  be  deployed. 

Still,  there  had  been  no  decision  about  how,  when,  and  how  many  Guards- 
men should  be  deployed  in  the  troubled  area.  It  would  take  some  time  to  get 
troops  combat  ready.  In  the  meantime,  Mayor  Stokes  was  trying  to  keep 
abreast  of  the  situation  in  the  troubled  area,  talking  frequently  on  the  tele- 
phone with  Clarence  James  and  with  black  community  spokesmen  like  Baxter 
Hill  and  Harllel  Jones,  who  were  also  working  to  calm  things  down.  A  young 
black  nationalist  was  in  the  mayor's  office,  occasionally  leaving  the  office  to 
make  telephone  calls  of  his  own  to  friends,  urging  them  to  "cool  it."  About 
2  a.m.,  a  number  of  black  leaders  met  with  Stokes  in  his  office  to  help  him 
assess  the  situation. 

By  3  a.m.,  when  General  Del  Corso  notified  him  that  he  had  a  number  of 
troops  ready  for  deployment,  Mayor  Stokes  had  decided  that  the  time  had 
come  to  use  the  National  Guard.  Two  hundred  Guardsmen,  together  with  24 
Jeeps  and  other  military  vehicles,  were  sent  to  the  troubled  area  to  patrol  the 


Reaction:    The  Crowds,  the  Police,  and  City  Hall  67 

streets.  To  each  of  the  Jeeps  were  assigned  three  Guardsmen  and  one  Cleve- 
land policeman.  About  4:30  a.m.  the  police,  on  orders  from  the  mayor,  were 
instructed  to  report  any  sniper  activity  to  the  National  Guard.  Looters  and 
arsonists,  said  the  police-radio  announcement,  "are  to  be  arrested  by  police  or 
National  Guard  without  the  use  of  deadly  force."  Half  an  hour  later,  the  po- 
lice heard  another  announcement  on  their  patrol-car  radios:  All  vacations 
and  holidays  are  canceled;  all  personnel  will  work  12-hour  shifts. 

As  dawn  arrived  amid  a  drizzle,  smoke  still  rose  from  gutted  buildings  along 
Superior  Avenue.  Police  continued. to  receive  reports  of  looting  and  of  spo- 
radic gunfire  in  areas  of  the  East  Side.  But  the  worst  of  the  violence  had 
abated.  Cleveland,  for  the  time  being,  was  under  control. 


From  the  history  of  racial  disturbances  in  Cleveland  and  other  American 
cities,  Clevelanders,  on  the  morning  of  July  24, 1968,  had  every  reason  to  ex- 
pect that  more  trouble  lay  ahead.  If  past  patterns  were  repeated,  more  vio- 
lence would  flare  at  nightfall.  The  authorities  had  to  devise  a  strategy  to  cope 
with  it. 

More  than  100  leaders  of  the  black  community  gathered  at  City  Hall  about 
8:30  a.m.  to  meet  with  Mayor  Stokes.  The  attendance  at  this  meeting  was 
entirely  black;  not  even  the  white  members  of  the  mayor's  staff  were  per- 
mitted to  take  part.  Many  at  the  meeting  had  been  up  all  night,  assisting  in 
City  Hall  or  walking  the  streets,  attempting  to  quell  the  violence. 

Stokes  opened  the  meeting  with  his  assessment  of  the  situation,  then 
called  for  discussion  on  how  best  to  handle  it.  A  number  of  options  were 
available  to  the  mayor:  He  could  impose  a  curfew,  strengthen  police  and  Na- 
tional Guard  units  in  the  troubled  area,  or  use  various  combinations  of  force 
such  as  placing  National  Guard  in  the  area  and  not  police.  Many  at  the  meet- 
ing were  concerned  that  if  police  were  allowed  to  remain  in  the  area,  there 
would  be  further  shooting.  They  feared  that  black  nationalists  would  be  made 
fidgety  by  the  continued  presence  of  the  police  and  would  begin  shooting,  or 
that  if  police  were  allowed  to  remain  in  the  area,  they  would  seek  revenge  for 
their  three  comrades  who  were  killed  the  night  before.  Several  spoke  in  oppo- 
sition to  a  curfew,  noting  that  if  it  were  applied  to  just  one  area  it  would  be 
resented  by  the  citizens  of  that  area  and  would  not  prevent  outsiders  from 
coming  into  the  area  and  beginning  violence  again. 

The  meeting  at  City  Hall  produced  no  real  consensus,  and  Mayor  Stokes 
revealed  no  plans  of  his  own.  When  the  meeting  broke  up  about  10  a.m.,  he 
retired  to  his  office  to  discuss  strategies  with  his  staff,  while  about  20  of  the 
participants  in  the  meeting,  most  of  them  militants,  adjourned  to  the  Audi- 
torium Hotel  to  continue  discussions. 

An  hour  later  Stokes  addressed  a  press  conference  originally  scheduled  for 
9:30  a.m.  He  attributed  Tuesday  night's  violence  to  "a  gang  who  will  meet 
the  full  measure  of  the  law"  and  described  the  present  situation  on  the  East 
Side  as  "quiet." 

Security  measures  are  being  maintained  with  a  minimum  number  of 
National  Guardsmen  on  our  streets  and  a  sizeable  force  in  ready  reserve 
should  they  be  needed.  I  have  met  with  Negro  leadership  at  City  Hall 
and  they  have  joined  me  in  an  all-out  effort  to  make  sure  that  Cleve- 
land's night  of  terror  will  not  turn  into  a  riot.  We  are  constantly 


68  Shoot-Out  in  Cleveland 

re-evaluating  the  situation  and  assure  that  this  city  will  not  be  governed 
by  hoodlums. 

The  mayor  indicated  that  he  had  not  yet  decided  upon  a  strategy  for  Wednes- 
day evening. 

Early  in  the  afternoon  the  group  of  militants  returned  from  the  Audito- 
rium Hotel  to  City  Hall.  Now  they  presented  a  definite  proposal  to  the  mayor: 
They  would  go  back  into  the  community  and  try  to  bring  it  under  control 
themselves,  preventing  looting,  burning,  and  additional  loss  of  life.  They 
wanted  a  period  of  time  to  attempt  this;  if  it  did  not  work,  Stokes  could 
choose  a  different  strategy.  Stokes  listened.  He  still  made  no  commitment. 

This  was  not  the  first  time  such  a  proposal  had  been  suggested  to  Stokes. 
Bertram  Gardner,  who  had  spent  the  night  on  the  streets,  proposed  such  a 
course  to  the  Mayor  in  a  conversation  about  7:30  a.m.  Gardner  wanted  Stokes 
to  take  the  police  and  Guard  out  of  the  area,  while  Gardner  sent  about  200  or 
250  blacks  into  the  community  to  try  to  calm  feelings.  He  wanted  only  about 
6  hours:  from  about  1 1  a.m.  to  about  5  p.m.  At  the  8:30  a.m.  meeting, 
others  had  proposed  a  similar  course. 

About  midafternoon,  Stokes  discussed  the  idea  with  others  in  a  small  meet- 
ing in  his  office.  Richard  Greene,  director  of  the  Community  Development 
Department,  endorsed  the  proposal.  He  felt  that  the  black  community  ought 
to  be  given  a  chance  to  "pull  itself  together."  Councilman  George  Forbes  ex- 
pressed confidence  that  the  strategy  would  work.  Not  all  were  convinced. 
General  Del  Corso  expressed  serious  reservations  about  the  wisdom  of  the 
proposal. 

When  the  mayor  made  his  decision,  he  did  not  make  it  rashly.  He  had  had 
the  benefit  of  numerous  opinions  and  arguments  for  and  against  competing 
strategies.  Some  options,  like  the  curfew,  had  been  seen  as  fraught  with  diffi- 
culties. Stokes  had  heard  compelling  arguments  about  the  volatile  situation 
that  would  be  created  by  the  continuing  presence  of  white  law  enforcement 
officers  in  the  black  community.  The  "all  black"  strategy  appeared  to  be  the 
only  rational  policy  to  reduce  bloodshed.  In  accepting  it,  Stokes  knew  he 
was  taking  a  calculated  risk.  There  would  be  safeguards,  however.  He  ac- 
cepted the  suggestion  by  Richard  Greene  that  Negro  policemen  function  in 
the  area  as  well  as  the  black  leaders.  He  would  also  station  police  and  the  Na- 
tional Guard  around  the  perimeter  of  the  area,  so  that  they  could  respond 
quickly  if  trouble  did  arise. 

Though  the  decision  was  not  his  alone,  Stokes  had  to  assume  full  responsi- 
bility for  it.  It  was  a  novel  strategy,  one  that  a  white  mayor  would  have  had 
greater  difficulty  in  instrumenting.  It  was  Stokes'  rapport  with  the  Negro 
community  that  brought  forth  the  proposal  in  the  first  place  and  that  now 
gave  hope  that  it  would  work. 

At  4: 15  p. m.,  Mayor  Stokes  released  a  detailed  plan  for  Wednesday  night. 
About  6  square  miles  of  the  city  were  to  be  cordoned  off  until  7  a.m.,  Thurs- 
day morning.  The  southern  boundary  would  be  Euclid  Avenue,  eastward  from 
East  55th  Street.  The  northern  boundary  would  be  Superior  Avenue,  from 
East  55th  to  Rockefeller  Park,  then  along  the  park's  eastern  edge  up  to  St. 
Clair,  eastward  along  St.  Clair  (with  a  small  section  north  of  it)  to  the  city  line 
adj  oining  East  Cleveland.  This  perimeter  was  to  be  patrolled  by  units  of  three 
National  Guardsmen  and  one  police  officer,  beginning  at  7  p.m.  The  National 


Reaction:    The  Crowds,  the  Police,  and  City  Hall  69 

Guard  was  to  retain  a  mobile  reserve  to  deploy  within  the  cordoned  area 
should  serious  trouble  arise. 

"Normal  patrol  within  the  cordoned-off  area/"  said  the  memo,  "will  be  re- 
stricted to  regular  Cleveland  police  as  directed  by  the  Safety  Director.  Na- 
tional Guard  troops  will  be  committed  to  the  area  only  if  needed." 

Though  the  memorandum  did  not  mention  that  only  Negro  policemen 
would  be  allowed  in  the  area,  Mayor  Stokes  spelled  out  this  provision  in  a 
press  conference  at  4:45  p.m. 

There  will  only  be  Negro  policemen  and  possibly  a  Negro  sheriff  in  the 
area  guarding  the  people. . . .  There  will  be  109  [individuals]  who  will 
represent  the  groups  themselves  and  about  five  hundred  persons  who 
are  familiar  with  this  situation  will  be  in  the  area. 

All  white  nonresidents,  including  newsmen,  were  to  be  kept  from  the  area. 
The  mayor  repeated  that  it  was  important  for  people  to  stay  home  and  off 
the  streets.  He  made  two  further  announcements:  that  the  sale  of  liquor  in 
Cuyahoga  County  (embracing  Cleveland)  had  been  stopped  for  72  hours  be- 
ginning at  1 1  a.m.,  Wednesday;  that  four  emergency  centers  had  been  set  up 
in  East  Side  churches  and  community  centers  to  provide  food  and  shelter  for 
those  displaced  by  Tuesday  night's  disturbances. 

The  Reverend  DeForest  Brown,  director  of  the  Hough  Area  Development 
Corporation,  was  named  spokesman  for  the  Mayor's  Committee  which  was  to 
patrol  the  streets  that  night.  Said  Brown: 

We,  out  of  our  concern,  have  accepted  the  responsibility  to  restore  law 
and  order  out  of  a  chaotic  situation.  Leaders  will  be  out  talking  to  the 
black  community  about  its  responsibility  to  itself. 

The  mayor  had  made  his  decision.  On  Wednesday  evening  black  control 
was  established  for  the  black  community. 

REFERENCES 

1.  Barry's  figures  were  far  in  excess  of  those  reported  by  others.  In  a  summary  report 
on  the  violence,  issued  Aug.  9,  the  mayor's  office  said  there  were  24  reported  fires 
during  the  first  24  hours  of  violence,  of  which  14  were  set  by  vandals,  1  was  a  rekin- 
dle of  an  earlier  fire,  6  were  false  alarms,  and  4  were  fires  unrelated  to  the  disturb- 
ance. 

2.  In  addition  to  lacking  weapons  equal  in  power  to  those  the  snipers  used,  the  police 
lacked  armored  vehicles  and  had  to  commandeer  trucks  from  Brinks,  Inc.,  and  rush 
them  to  the  Lakeview  area. 


Chapter  4 

LAW  AND  ORDER 


Wednesday,  July  24,  passed  in  heat  and  mugginess,  the  mugginess  fed  by 
light  rainshowers  that  swept  over  the  city  at  noontime.  Through  the  day  the 
police  responded  to  sporadic  calls  of  looting  and  of  looters  hawking  stolen 
goods  on  street  corners.  They  closed  bars  that  were  violating  the  liquor  ban 
and  investigated  rumors  of  looting  and  violence  planned  for  Wednesday  even- 
ing.  Here  and  there  merchants  boarded  up  the  windows  of  their  stores  or 
carted  away  valuable  merchandise.  (Later  there  were  claims  that  some  mer- 
chants took  what  they  could,  then  encouraged  looters  to  take  the  rest,  figur- 
ing they  would  get  adequate  recompense  from  their  insurance  companies.) 
As  7  p.m.  approached,  the  roving  patrols  of  police  and  Guardsmen  retreated 
to  the  perimeter  of  the  cordoned  area.  There  was  a  thunderstorm  early  in  the 
evening,  but  at  dusk  the  sky  was  clearing  and  the  heat  and  mugginess  lingered. 

The  Negro  leaders  carried  the  message  from  City  Hall  back  to  their  com- 
munities, meeting  with  small  groups  to  explain  the  evening's  strategy  and  to 
organize  for  effective  peacekeeping.  At  the  office  of  Pride,  Inc.,  on  St.  Clair, 
Wilbur  Grattan,  a  black  nationalist  associated  with  the  New  Republic  of 
Africa,  addressed  a  group  of  about  30,  most  of  whom  were  members  of  the 
Circle  of  African  Unity.  Grattan  had  spent  much  of  the  previous  night  in 
peacekeeping  and  most  of  the  day  in  the  meetings  that  led  to  Mayor  Stokes' 
decision  to  exercise  black  control  in  the  black  community.  He  described 
what  had  been  discussed  during  those  meetings,  praised  the  bold  policy  that 
had  been  adopted,  then  turned  to  matters  of  organization  for  the  evening. 
After  being  told  by  Grattan  that  they  would  receive  orange  arm  bands  labeled 
"The  Mayor's  Committee,"  the  group  worked  out  the  problems  of  geographic 
assignments  for  each  of  them.  Baxter  Hill,  director  of  Pride,  Inc.,  closed  the 
meeting  in  his  office  with  a  reminder  of  the  significance  of  the  responsibili- 
ties they  were  about  to  undertake. 

Hill  stayed  on  for  awhile  at  the  Pride  office,  which  was  to  be  the  headquar- 
ters for  the  peacekeeping  operation  through  the  night.  (A  Negro  radio  station 
broadcast  the  telephone  number  of  Pride,  frequently  during  the  evening,  urg- 
ing listeners  to  report  crowds,  looting,  or  other  indications  of  trouble.)  The 
expected  500  peace  patrols  were  to  be  divided  into  four  "companies,"  headed 
by  Harllel  Jones,  William  (Sonny)  Denton  of  the  United  Youth  Council,  and 
two  from  Baxter  Hill's  organization:  Benjamin  Lloyd  and  Ronald  Turner. 

While  the  Negro  leaders  were  hastily  organizing  their  peacekeeping  force, 
the  Cleveland  Police  Department  was  preparing  for  its  role  in  the  troubled 
area.  White  policemen  were  assigned  to  work  with  National  Guardsmen  pa- 
trolling the  perimeter  of  the  cordoned  area.  At  Fifth  District  headquarters, 

71 


72  Shoot-Out  in  Cleveland 

situated  within  the  area,  police  climbed  aboard  military  trucks  and  joked 
about  being  back  in  the  Army.  American  Legionnaires  served  them  coffee. 
About  100  Negro  policemen  (out  of  a  total  of  165  Negro  officers  in  the 
2,200-man  police  force)  were  assigned  to  patrol  the  cordoned  area,  using  21 
patrol  cars.  Negroes  on  the  county  sheriffs  staff  were  assigned  to  help  them. 
White  police,  it  was  understood,  would  enter  the  area  only  if  the  Negro  offi- 
cers needed  additional  assistance. 


The  sky  had  not  yet  darkened  when  firetrucks  were  called  to  East  105th 
and  Superior  to  extinguish  fires  that  were  rekindles  (accidental  or  intentional) 
of  burned-out  stores.  A  crowd  gathered  to  watch.  Nearby,  some  Negro  busi- 
nessmen were  removing  merchandise  from  their  stores  and,  when  the  owner 
of  a  record  store  left,  some  who  had  stood  watching  walked  in  and  helped 
themselves  to  odds  and  ends  he  had  left  behind. 

The  crowd  at  the  intersection  had  swelled  to  several  hundred  when  mem- 
bers of  the  Mayor's  Committee  arrived  to  disperse  them.  A  few  of  the  peace 
patrols  talked  to  the  crowd  in  front  of  the  record  store.  Most  stood  in  the 
middle  of  the  intersection,  imploring  the  crowd  to  go  home.  A  rumor  was 
afloat  that  a  child  was  trapped  in  the  basement  of  a  burning  pawnshop.  Fire- 
men said  they  had  searched  the  basement  and  no  child  was  there.  Noting  that 
such  a  thing  could  happen,  the  Mayor's  Committee  pleaded  with  parents  to 
take  their  children  home. 

Children  stayed  on.  Some  of  them  found  clothing  in  the  back  of  a  store 
that  had  been  nearly  gutted  the  night  before,  and  soon  a  crowd  was  surging 
toward  the  rear  of  the  store.  After  considerable  cajoling,  the  Mayor's  Com- 
mittee managed  to  discourage  the  looting.  But  the  technique  of  talking  to 
the  crowd  from  the  middle  of  the  intersection  was  not  dispersing  the  people. 
Walter  Beach,  Ron  Lucas,  Baxter  Hill,  and  Harllel  Jones  decided  that  if  they 
were  going  to  be  effective,  they  had  to  walk  among  the  crowd  and  talk  to  the 
people,  two  or  three  at  a  time.  Though  it  took  more  than  an  hour  to  disperse 
the  crowd,  the  technique  worked. 

Through  the  night,  teams  of  peace  patrols  drove  up  and  down  the  commer- 
cial streets  of  the  area,  stopping  wherever  four  or  more  people  were  standing 
around,  pleading  with  them  to  disperse.  Occasionally  members  of  the  Mayor's 
Committee  stood  in  front  of  stores  where  windows  had  been  broken  or  iron 
gates  torn  down,  directly  confronting  the  potential  looters.  This  technique 
could  not  be  wholly  effective,  for  the  Mayor's  Committee  lacked  the  man- 
power for  permanent  guards  at  every  commercial  establishment.  Potential 
looters,  some  of  them  professionals,  lurked  in  the  shadows,  sometimes  for 
hours,  waiting  for  the  peace  patrols  to  leave  the  scene.  Days  later  they  would 
be  seen  hawking  stolen  goods  on  street  corners.  Occasionally  a  looter  broke 
into  a  store,  setting  off  the  burglar  alarm,  then  hid  nearby  until  someone  came 
to  investigate,  turned  off  the  alarm,  and  walked  away.  Most  looters  made  off 
with  what  they  could  carry,  but  some  filled  automobiles  with  merchandise. 

The  Mayor's  Committee  observed  adults,  including  women,  among  the  po- 
tential and  actual  looters,  but  teenagers  gave  them  the  most  trouble.  Roving 
bands  of  teenagers  usually  were  the  first  to  break  into  a  store,  then  proved 
unresponsive  to  the  appeals  of  the  peace  patrols.  "We  couldn't  control  the 
kids,"  Walter  Burks,  executive  assistant  to  the  Mayor,  recalls.  "We  would  tell 


Law  and  Disorder  73 

them  to  stop  and  they  would  walk  away  and  you  would  get  into  your  car  to 
drive  someplace  else  and  you  would  drive  back  and  they  were  right  back  with 
their  hands  in  [the  windows  of  a  looted  store] ."  Some  of  the  troublesome 
youths,  says  Burks,  were  not  more  than  10  years  old.  The  next  day  Mayor 
Stokes  ascribed  most  of  the  trouble  Wednesday  night  to  "roving  bands  of 
young  people  generally  between  the  ages  of  fourteen  and  seventeen." 

An  observer  who  accompanied  members  of  the  Mayor's  Committee  on 
their  patrols  recalls  that  some  were  particularly  effective  in  their  work.  Harl- 
lel  Jones,  a  young  militant,  wiry  and  ordinarily  soft-spoken,  dispersed  a  crowd 
at  123d  and  St.  Clair  that  had  gathered  in  front  of  a  furniture  store  that  had 
been  broken  into.  "At  105th  and  Massey,"  the  observer  adds,  "Harllel  dis- 
persed perhaps  the  potentially  most  dangerous  crowd  of  about  two  hundred 
people.  It  took  him  about  twenty  to  twenty-five  minutes."  Like  the  other 
militants  who  were  particularly  effective  Wednesday  night,  Harllel  Jones  suc- 
ceeded by  making  eloquent  pleas  to  the  pride  of  the  black  community.  "If 
there  was  one  man  who  stands  out  as  having  done  the  most  effective  job  pos- 
sible of  maintaining  peace,"  said  the  observer,  "it  was  Harllel  Jones."1 

Noticeable  by  their  absence  were  the  clergymen  and  other  moderate  and 
middle-class  Negro  leaders.  Though  a  number  of  them  had  participated  in  the 
meetings  at  City  Hall,  few  were  on  the  streets  Wednesday  night  and  their  ef- 
fectiveness was  limited.  Had  more  moderates  helped  out,  the  members  of  the 
peace  patrol  felt,  the  sporadic  looting  might  have  been  prevented  entirely. 

White  policemen  appeared  in  the  cordoned  area  over  the  protests  of  the 
Mayor's  Committee.  When  a  pawnbroker's  window  was  broken  at  East  101st 
and  St.  Clair,  white  policemen  responded  to  the  call.  They  ignored  requests 
of  the  peace  patrol  to  leave.  Similar  incidents  occurred  elsewhere.  At  East 
123d  and  St.  Clair,  an  observer  recalls,  an  alarm  went  off  in  a  furniture  store. 

All  of  a  sudden  National  Guardsmen  and  white  policemen,  who  appa- 
rently had  been  stationed  in  East  Cleveland,  appeared  on  the  scene. 
They  started  backing  up  toward  the  buildings  as  if  they  were  actually  in 
a  state  of  emergency.  Nothing  had  occurred  and,  fortunately,  the  Law 
Director  arrived  on  the  scene. 

Law  Director  James  talked  to  the  white  officers,  and  they  left. 


The  reaction  of  some  white  policemen  to  Mayor  Stokes'  strategy  of  black 
control  was  made  clear  to  those  monitoring  the  police  radio  Wednesday  night. 

This  came  in  response  to  a  report  of  a  heart-attack  case  within  the  cor- 
doned area:  "White  or  nigger?  Send  the  Mayor's  Committee." 

When  a  report  was  broadcast  that  a  child  had  fallen  off  a  second-floor 
porch,  the  return  call  came:  "Tell  the  Mayor's  Committee  to  handle  it." 

When  the  police  dispatcher  requested  cars  to  respond  to  a  fire  call,  an  anon- 
ymous voice  suggested  that  Mayor  Stokes  "go  p. . .  on  it."  Responses  to  other 
calls  included  "F  . . .  that  nigger  Mayor!" 

At  the  Fifth  District  headquarters,  the  heavily  guarded  bastion  within  the 
troubled  area,  police  responded  in  a  fury  of  curses  and  epithets,  directed  to- 
ward Stokes  and  Safety  Director  McManamon,  when  told  they  could  not 
carry  rifles  while  patrolling  the  perimeter  of  the  cordoned  area.  A  policeman 
there,  delivering  a  monolog  to  a  bystander  on  what  is  "wrong"  with  Negroes, 


74  Shoot-Out  in  Cleveland 

gave  this  assessment  of  Mayor  Stokes:  "You  need  a  sheepdog  to  lead  sheep; 
you  don't  have  a  sheep  lead  other  sheep. "2 

The  tension  at  Fifth  District  headquarters  lasted  through  the  evening.  Two 
television  newsmen  who  entered  the  building  were  grabbed  from  behind  by  a 
commanding  officer,  pushed  through  the  building,  and  thrown  out  into  the 
parking  lot  where  other  policemen  shouted  at  them  abusively.  After  appealing 
to  another  commanding  officer  they  were  let  back  in,  and  ultimately  the  first 
officer  apologized  for  ejecting  them. 


At  a  press  conference  late  the  next  morning,  Mayor  Stokes  pronounced  the 
strategy  for  Wednesday  night  a  qualified  success. 

It  is  our  considered  opinion  that  we  made  significant  headway  last  night 
in  bringing  to  an  end  the  violence  and  lawlessness  that  has  occurred  on . 
our  East  Side.  No  one  was  killed  or  shot  or  seriously  injured  during  the 
night. 

Stokes  admitted  that  there  had  been  trouble;  he  reported  that  3  fires  had  been 
set,  36  stores  looted,  and  13  persons  arrested  in  the  troubled  area.3  "Most  of 
the  trouble,"  he  said,  "was  caused  by  young  teenagers,  roving  in  small  bands." 
He  expressed  thanks  to  the  National  Guard  patrolling  the  perimeter,  the  Negro 
policemen  working  within  the  area,  and  especially  the  300  members  of  the 
Mayor's  Committee  "who  patrolled  the  troubled  areas  until  dawn  to  keep 
things  cool."  He  announced  that  bus  service  and  garbage  pickup  had  resumed 
in  the  cordoned  area  and  that  city  workers  had  begun  to  tear  down  danger- 
ously damaged  buildings.  He  emphasized,  however,  that  more  trouble  could 
be  expected. 

Earlier  in  the  morning,  Stokes  had  met  with  Negro  leaders  at  City  Hall. 
During  that  meeting  the  resentment  over  the  limited  participation  of  moder- 
ate Negro  leaders  in  the  peacekeeping  was  brought  into  the  open.  It  was  gen- 
erally agreed  that  the  peace  patrols  had  been  only  partially  effective;  the  arson 
and  looting  had  not  been  completely  curbed.  Changes  were  needed:  A  cur- 
few now  might  help  remove  the  gangs  from  the  streets;  more  cars  equipped 
with  radios  were  needed;  more  sound  trucks  would  help;  and  broken  windows 
should  be  boarded  before  nightfall. 

While  the  Negro  leaders  continued  their  discussion  in  the  City  Council 
chamber,  the  mayor  addressed  the  press  conference.  There  he  announced  a 
change  in  strategy:  The  National  Guard,  he  said,  was  being  brought  into  the 
area  to  protect  stores  against  looting.  This  change  in  strategy,  like  others  he 
made  that  Thursday,  was  to  haunt  Carl  Stokes  for  weeks  to  come,  for  it  pro- 
vided an  indication  to  his  critics  that  he  had  given  in  to  pressure  from  others 
or  conceded  the  failure  of  his  Wednesday-night  strategy.  Throughout  the  en- 
suing controversy,  Stokes  would  maintain  that  the  strategy  had  succeeded  be- 
cause it  had  prevented  bloodshed,  and  he  valued  life  over  property.  Changes 
in  the  strategy,  he  argued,  became  appropriate  after  tempers  had  cooled  in  the 
black  community  and  the  protection  of  property  could  be  safely  entrusted  to 
white  law  enforcement  officers. 

One  of  the  first  to  criticize  the  mayor  was  Councilman  Leo  Jackson,  whose 
district  includes  part  of  Glenville  and  who  is-  said  to  represent  the  views  of 
older,  established  Negro  residents.  "If  you  want  to  say  what  happened  last 


Law  and  Disorder  75 

night-no  shootings,  no  sniping-was  a  success,  then  it  was,"  Jackson  told  a  re- 
porter. "But  if  you  consider  the  looting,  the  destruction,  the  breaking  of  win- 
dows, the  wholesale  gutting  of  buildings,  last  night's  activities  were  a  total 
failure." 

Businessmen  whose  stores  were  victimized  Wednesday  night  were  bitterly 
critical  of  the  mayor's  policy.  The  white  owner  of  a  looted  clothing  store 
drove  to  the  scene  about  1  a.m.  and  could  not  get  out  of  his  car  because  of  an 
attacking  mob.  A  Negro  policeman  ordered  him  out  of  the  area  for  his  own 
safety.  At  the  perimeter  he  pleaded  with  National  Guardsmen  and  police  for 
help,  but  was  told  there  was  nothing  they  could  do.  The  owner  of  a  looted 
furniture  store  got  the  same  response  from  police  at  Fifth  District  headquar- 
ters. A  partner  in  a  drycleaning  chain,  two  of  whose  stores  had  been  looted 
the  previous  night,  had  his  main  plant  looted  of  clothing  Wednesday  night- 
half  a  million  dollars'  worth,  he  estimated.  "We're  wiped  out,"  he  said  bit- 
terly. "We  couldn't  get  help.  That  means  70  people  out  of  work-70  families 
without  incomes." 

White  policemen  were  openly  critical  of  the  mayor's  Wednesday-night 
strategy.  A  30-year-old  patrolman  angrily  submitted  his  resignation.  When 
Police  Chief  Michael  Blackwell  called  the  mayor's  strategy  "a  brilliant  idea," 
there  were  murmurings  that  Blackwell,  a  42-year  veteran  of  the  force,  was  a 
traitor  to  his  department  and  a  politician  protecting  himself. 

Gen.  Del  Corso,  who  had  argued  for  much  stronger  measures  Wednesday 
night,  declined  to  criticize  the  mayor. 

I  made  my  suggestions  but  the  Mayor  made  the  decision  and  I  am  sure 
he  did  a  lot  of  soul-searching  all  day.  We're  here  to  assist  and  cooperate 
with  the  Mayor.  He  wanted  to  use  this  means  [citizen-patrols]  and  it  is 
beginning  to  be  productive.  It  is  proving  successful. 

It  came  as  a  shock  to  City  Hall  when,  on  August  9,  Gen.  Del  Corso  told  the 
Ohio  Crime  Commission  that  Stokes  had  "surrendered  to  black  revolution- 
aries." 

That  same  day,  after  the  Stokes  administration  presented  a  summary  of 
events  to  city  councilmen  and  to  the  press,  Council  President  James  V.  Stan- 
ton,  considered  by  many  to  be  a  leading  contender  for  the  office  occupied  by 
Carl  Stokes,  joined  in  the  criticism.  "I  find  no  moral  grounds,"  he  said,  "for 
taking  duly  constituted  law  enforcement  away  from  the  families  and  property 
of  that  area  regardless  of  any  justification  by  the  Administration  that  there 
was  no  loss  of  life."  Stanton's  charge  brought  a  rejoinder  from  Safety  Direc- 
tor Joseph  McManamon.  "He  can't  say  that,"  McManamon  retorted,  "unless 
he  means  that  Negro  policemen  aren't  duly  constituted  officers."  He  added 
that  the  concentration  of  Negro  policemen  on  Wednesday  evening  added  up 
to  the  normal  number  of  police  in  the  area. 

In  the  days  following  the  Wednesday-night  disturbances,  support  for  the 
mayor's  strategy,  sometimes  in  the  form  of  newspaper  advertisements,  came 
from  civil  rights  groups,  religious  and  charitable  organizations,  liberal  political 
groups,  and  from  Cleveland  educators,  industrial  leaders,  and  other  prominent 
citizens.  A  professional  polling  organization  found  that  59  percent  of  its  re- 
spondents supported  the  mayor's  strategy;  14  percent  criticized  it;  the  rest 
were  uncertain. 


76  Shoot-Out  in  Cleveland 

Four  hundred  National  Guardsmen  moved  into  the  cordoned  area  on 
Thursday  morning  to  help  Cleveland  police  control  the  sporadic  but  persistent 
looting.  Police  were  also  kept  busy  through  the  day  enforcing  the  liquor  ban 
and  tracking  down  rumors  of  violence  threatened  for  Thursday  night.  Teen- 
agers employed  by  Pride,  Inc.,  carted  away  debris  from  damaged  buildings. 

Meanwhile,  Mayor  Stokes  pondered  a  strategy  for  Thursday  night,  ques- 
tioning whether  to  impose  a  curfew  and  whether  to  allow  National  Guards- 
men and  white  policemen  in  the  area  after  dark.  Early  in  the  afternoon  he 
took  a  walk,  touring  the  streets  of  Glenville  for  the  first  time  since  the  trouble 
began  July  23,  urging  residents  to  keep  their  children  at  home  Thursday 
night.  At  4  p.m.  he  met  with  Baxter  Hill  and  other  Negro  leaders  at  the  office 
of  Pride,  Inc.  He  sought  their  counsel  on  a  strategy  for  Thursday  night.  Most 
agreed  that  additional  enforcement  was  necessary.  With  some  reluctance, 
stemming  more  from  concern  for  the  unpredictable  behavior  of  white  police- 
men than  of  black  nationalists,  they  agreed  that  National  Guardsmen  and 
white  policemen  should  be  allowed  to  remain  in  the  area  after  nightfall. 

Mayor  Stokes  announced  his  decision  at  a  press  conference  about  6:30 
p.m.  A  curfew  would  be  imposed  on  the  cordoned  area,  beginning  at  9  p.m. 
and  extending  to  6:30  a.m.,  Friday  morning.  The  National  Guard  would 
stay  in  the  area,4  and  no  policemen  would  be  constrained  from  entering  the 
area. 

Though  the  announcement  was  carried  on  television  and  radio  stations,  it 
was  a  late-hour  decision  that  caught  many  unprepared.  Some  police  first 
learned  of  the  curfew  from  a  police  radio  broadcast  20  minutes  before  the  cur- 
few was  to  begin.  Sound  trucks  were  sent  into  the  area  to  announce  the  cur- 
few, but  did  not  reach  some  neighborhoods  until  10:30  p.m.  People  were  still 
walking  the  streets  after  10  p.m.  and  some  businesses  were  still  open.  A  re- 
porter saw  a  National  Guard  unit  still  encamped  in  Rockefeller  Park  at  10:30 
p.m. 

Stokes  had  disbanded  the  Mayor's  Committee,  but  a  number  of  Negro  lead- 
ers worked  Thursday  night  to  keep  the  peace,  patrolling  the  area  in  nine  cars. 

Though  the  peacekeeping  operation  on  Thursday  night  was  massive,  ac- 
cording with  the  wishes  of  those  who  had  urged  strong  enforcement,  it  was 
not  100  percent  successful.  At  a  predawn  press  conference,  John  Little,  the 
mayor's  executive  secretary,  gave  a  summary  report  of  the  night's  violence.  A 
major  fire  had  occurred  on  East  55th  Street;  there  had  been  four  minor  fires, 
of  which  two  were  described  as  "flareups"  toward  the  eastern  end  of  Superior 
Avenue.  Thirty  people  had  been  arrested:  one  for  attempted  arson,  two  for 
looting,  the  rest  for  curfew  violations.  Guardsmen  had  been  sent  to  disperse 
more  than  100  youths  roaming  the  streets  in  the  southeast  corner  of  Cleve- 
land, far  from  the  cordoned  area.  There  were  no  reports  of  sniping. 

Friday  was  a  time  of  relative  calm.  There  were  indications  the  community 
was  returning  to  normal.  The  liquor  ban  was  lifted  in  the  suburbs  of  Cuya- 
hoga  County,  and  Mayor  Stokes  was  expected  to  approve  a  lifting  of  the  ban 
in  Cleveland  the  next  morning.  (He  did.)  The  Friday-night  curfew  was  de- 
layed until  midnight,  permitting  residents  of  the  cordoned  area  to  attend  a 
Cleveland  Indians  baseball  game. 

For  the  forces  of  law  and  order,  Friday  was  not  completely  a  dull  day. 
That  afternoon,  an  army  of  about  35  policemen  and  100  National  Guards- 
men, equipped  with  rifles,  shotguns,  and  tear  gas,  surrounded  the  Esquire 


Law  and  Disorder  77 

Hotel  at  10602  Superior  Avenue.  They  were  there  in  response  to  a  tip  that  a 
number  of  snipers  involved  in  Tuesday  night's  Shootout  were  hiding  in  the 
hotel.  A  police  bullhorn  urged  the  men  to  give  themselves  up.  The  episode 
turned  seriocomic  when  three  unarmed  teenagers  emerged  from  the  hotel. 
Nothing  incriminating  was  found  in  their  rooms  but  they  were  arrested  any- 
way, on  suspicion  of  possessing  stolen  property  (a  radio,  a  camera,  and  two 
adding  machines). 

On  Friday  night,  at  the  Afro  Set,  Harllel  Jones  and  six  youths  were  charged 
by  police  with  violating  the  midnight  curfew.  The  police  searched  Jones  and 
said  they  found  brass  knuckles  in  his  pockets;  without  a  warrant  they  searched 
his  car  and  claimed  to  find  a  .38-caliber  revolver.  (Police  later  changed  their 
report  to  read  that  they  found  brass  knuckles.  The  court  dismissed  the  case 
against  Jones  on  September  16  on  grounds  that  the  search  was  illegal.)  Mayor 
Stokes,  having  gotten  word  of  the  arrest,  arrived  while  Jones  was  being  held, 
assured  the  watching  crowd  that  no  harm  would  befall  Jones,  and  assigned  a 
Negro  policeman  to  accompany  Jones  through  the  arresting  process.  After 
the  mayor  left,  according  to  Jones'  followers,  police  kicked  down  the  door  of 
the  Afro  Set,  gassed  the  shop,  broke  the  front  window,  and  damaged  articles 
in  the  store.5 

There  were  few  other  incidents  of  violence  Friday  night,  and  on  Saturday 
morning  Mayor  Stokes  pronounced  the  crisis  past.  National  Guardsmen  had 
begun  to  leave  the  area.  Police  were  restored  to  8-hour  shifts.  There  would 
be  no  curfew  Saturday  night.  The  mayor,  other  City  Hall  officials,  and  hun- 
dreds of  policemen  went  to  a  Catholic  church  to  attend  a  memorial  service  for 
the  three  policemen  slain  Tuesday  night. 

Not  all  the  tensions  had  subsided.  Cleveland  had  not  seen  the  last  of  vio- 
lence. 


Julius  Boros  and  Charles  Ray  were  television  cameramen  from  Chicago,  as- 
signed by  the  National  Broadcasting  Co.  to  accompany  two  news  teams  cover- 
ing the  disturbances  in  Cleveland.  They  had  been  dispatched  to  Cleveland 
shortly  after  trouble  broke  out  Tuesday  night,  July  22. 

Boros  and  Ray  were  still  on  assignment  in  Cleveland  Saturday  night.  At 
about  2:30  a.m.  (Sunday  morning),  a  disturbance  broke  out  at  the  entrance 
to  the  Haddam  Hotel  on  Euclid  Avenue,  a  block  away  from  Fifth  District  po- 
lice headquarters  at  Chester  and  East  107th  Street.  According  to  eyewit- 
nesses, a  young  black  man  was  arguing  with  the  hotel's  night  watchman. 
The  watchman  pulled  a  gun,  fired  a  warning  shot  into  the  ground,  then  struck 
the  Negro  on  the  head  with  the  gun.  Bars  and  nightclubs  along  Euclid  were 
closing,  and  a  large  crowd  began  to  gather  at  the  scene.  As  police  also  started 
to  arrive,  the  Negro  involved  in  the  altercation  got  on  a  bus  and  left  the  area. 

In  the  crowd  of  Negroes  was  19-year-old  Jerome  Pritchard,  who  had  been 
yelling  at  the  watchman  and  who  now,  according  to  police,  shouted  obsceni- 
ties at  them  and  urged  the  crowd  to  attack  the  police.  Pritchard  was  later 
charged  with  carrying  a  knife  and  inciting  a  riot.  Observers  say  police  jumped 
on  Pritchard  and  began  to  beat  him.  Others  were  being  attacked.  A  bystander 
said  that,  without  provocation,  a  policeman  struck  him  in  the  jaw  with  the 
butt  of  a  rifle,  chipping  three  of  his  teeth. 


78  Shoot-Out  in  Cleveland 

Boros  and  Ray,  who  had  been  sitting  at  Fifth  District  police  headquarters 
awaiting  newsworthy  developments,  rushed  to  the  scene  when  they  got  word 
of  the  disturbance  a  block  away.  With  other  members  of  the  NBC  crews  they 
went  in  separate  cars,  and  Ray's  crew  got  there  first. 

According  to  Charles  Ray,  a  40-year-old  photographer  who  had  covered 
racial  disturbances  before,  the  scene  was  "tumultuous."  Policemen  were 
swarming  into  the  area,  patrol  cars  were  blocking  traffic,  and  crowds  were 
standing  on  the  corners  of  105th  and  Euclid.  Ray  took  wide-angle  shots  of 
the  scene,  then  moved  toward  the  other  side  of  the  street  to  film  a  ruckus  go- 
ing on  there.  As  he  raised  his  camera  to  his  eye,  says  Ray,  more  than  a  dozen 
policemen  rushed  at  him,  shouting  "Get  that  camera!"  A  plainclothesman 
grabbed  the  camera,  raised  it  as  through  to  smash  it  to  the  ground,  but  ran 
across  the  street  with  it.  The  other  police  turned  away  as  Ray  demanded  his 
camera  back.  He  found  a  lieutenant  in  the  middle  of  the  street,  showed  him 
his  press  credentials,  and  demanded  the  return  of  his  property.  The  lieuten- 
ant shoved  him  away,  saying  "Get  out  of  here;  don't  bother  me." 

About  five  policemen,  Ray  recalls,  grabbed  him,  pushed  him  against  a  wall, 
pinned  his  arms,  and  began  a  search.  One  took  his  light  meter,  another  exam- 
ined his  wallet.  A  policeman  took  off  Ray's  glasses,  folded  them,  and  stuck 
them  in  the  pocket  of  Ray's  coat.  Then  all  began  hitting  him. 

It  looked  like  a  football  huddle  .  . .  Everyone  was  pounding  on  me  at 
once,  and  fists  were  flying  in  my  face.  Feet  were  kicking  me  in  the  back 
and  buttocks  and  I  was  trying  to  avoid  getting  hit  in  the  groin,  so  I 
doubled  up  ...  and  put  my  hands  and  my  arms  over  my  head  to  pro- 
tect my  face  and  head  as  best  I  could. 

The  police  pulled  Ray  from  the  ground,  punched  and  kicked  him  some  more, 
then  dragged  him  to  a  police  station  wagon  and  threw  him  inside.  Ray's  foot 
was  caught  in  the  door  as  it  slammed,  trapped  but  uninjured,  and  police  re- 
fused to  help  him  dislodge  the  foot.  "You  dirty  bastard,  we  hope  your  foot 
is  broken,"  said  one  of  the  policemen  who  drove  him  to  Fifth  District  head- 
quarters. At  the  police  station,  says  Ray,  he  was  rabbit  punched  by  police  be- 
fore being  thrown  into  a  cell. 

Julius  Boros,  a  36-year-old  cameraman  who  had  worked  many  years  as  a 
photographer  in  his  native  Hungary,  arrived  at  105th  and  Euclid  after  Charles 
Ray.  He  had  to  walk  half  a  block  to  the  intersection  because  patrol  cars  and 
other  automobiles  were  backed  up  on  105th.  Near  the  intersection  an  NBC 
soundman  yelled  to  him  that  Ray  had  had  his  camera  stolen  and  was  being 
beaten  by  police.  "Don't  go  up  there,"  he  warned. 

But  Boros  kept  going.  He  did  not  see  Ray,  but  across  the  street  he  saw 
police  roughly  handling  about  1 2  Negroes  lined  against  a  wall  with  their  hands 
up.  Ray  estimates  he  stepped  5  feet  into  the  street  from  the  curb;  there  he 
began  to  film  a  "general  shot"  of  the  activity.  Suddenly  there  was  a  police- 
man running  in  his  direction,  hatless,  hands  held  high,  face  contorted  in  rage, 
screaming  "You  son  of  a  bitch!"  Boros  turned,  thinking  someone  else  was 
meant,  but  the  policeman  pounced  on  him,  grabbed  the  camera,  threw  it  to 
the  ground,  and  started  kicking  the  cameraman. 

Boros  fell  to  his  knees.  Half-a-dozen  police,  Boros  estimates,  rushed  over 
and  began  kicking  and  punching  him  and  jabbing  him  with  their  rifle  butts. 
They  picked  him  up,  dragged  him  a  few  feet,  and  resumed  to  pummeling.  The 


Law  and  Disorder  79 

next  few  moments  were  to  be  crucial  ones.  According  to  Boros,  he  was  dazed, 
his  eyes  were  closed,  and  as  he  began  to  sink  once  more  under  the  pummeling, 
he  feared  he  would  lose  consciousness.  He  grabbed  at  anything  that  would 
support  him.  He  had  hold  of  a  policeman's  shoulder  with  his  left  hand,  he  re- 
calls, then  the  policeman's  belt  as  he  slid  toward  the  ground.  His  right  hand 
grabbed  an  object  and,  when  his  eyes  responded  to  the  tactile  signal,  Boros 
found  he  was  holding  the  policeman's  gun  by  the  barrel. 

That  is  how  Boros  describes  those  few  moments,  and  it  is  doubtful  whether 
Cleveland  policemen  ever  will  believe  his  account.  When  he  realized  what  had 
happened,  says  Boros,  he  said,  "Officer,  here  is  your  gun."  As  he  reached  out 
his  hand,  the  policemen  on  top  of  him  became  aware  of  the  gun  and  began 
shouting.  The  gun  was  grabbed  away.  Then  the  officer  who  had  assaulted 
Boros  originally  put  his  face  close  to  the  cameraman's  and  screamed,  "You 
are  under  arrest!" 

The  beating  then  became  ferocious.  Boros  was  dragged  behind  a  patrol  car 
on  105th  Street  and  pummeled  as  he  lay  prone  on  the  ground.  "God  help 
me,  please,"  he  cried  out.  "Please  help  me."  It  was  then,  for  the  first  time, 
that  he  noticed  Charles  Ray,  undergoing  beating  nearby,  unable  to  assist  him. 
Boros  was  then  thrown  to  the  floor  in  the  rear  of  a  patrol  car.  He  recalls 
nothing  of  the  trip  to  Fifth  District  headquarters;  cold  water,  slammed  in  his 
face  at  the  police  station,  brought  him  back  to  awareness.  He  remembers  po- 
licemen beating  him  and  swearing  at  him  as  he  was  led  from  the  garage  into 
the  building.  In  the  hallway  he  appealed  to  a  high-ranking  officer  for  help, 
but  the  officer  ignored  him.  At  the  window  where  he  was  fingerprinted,  says 
Boros,  the  policeman  who  had  originally  assaulted  him  stood  3  or  4  feet  away, 
lit  matches,  and  threw  them  at  him.  When  another  policeman  struck  him  with 
a  rifle,  Boros  screamed  out  in  terror:  "Please  help  me.  Don't  kill  me  here!" 
Boros  spoke  briefly  to  Charles  Ray,  locked  in  a  cell,  as  he  was  led  to  a  cell  of 
his  own.  There  he  found  running  water  to  slake  his  thirst  and  wash  his  bloody 
face.  In  pain,  suffering  nausea,  Boros  asked  police  officers  passing  his  cell  to 
get  him  a  doctor.  "Not  now,"  they  said. 

Law  Director  Clarence  James  learned  of  the  trouble  at  Euclid  and  105th 
from  Walter  Burks,  executive  assistant  to  Mayor  Stokes.  When  he  arrived 
there,  all  was  quiet.  In  another  telephone  conversation  with  Burks,  James 
learned  of  the  arrest  of  the  NBC  cameramen.  James  went  to  pick  up  Council- 
man George  Forbes,  and  both  went  to  Fifth  District  headquarters.  The  police 
station  was,  by  James'  recollection,  a  nervous  armed  camp  "ringed  with  police 
officers,  shotguns,  and  machineguns."  A  policeman  guarding  the  door  from 
the  garage  was  reluctant  to  let  them  in,  despite  James'  position  as  city  law  di- 
rector. After  vehement  protest  they  eventually  got  in,  and  James  began  to  no- 
tice peculiarities.  He  passed  through  a  room  containing  four  or  five  captains 
and  three  lieutenants,  an  unusual  number  of  high-ranking  officers.  An  inspec- 
tor said  they  were  there  taking  care  of  "platoon  business."  No  Negro  police- 
men were  in  sight.  Few  patrolmen  were  wearing  badges;  a  sergeant  and  a  cap- 
tain were  wearing  theirs,  but  they  were  unnumbered. 

When  Forbes  and  James  saw  Boros,  his  face  "a  mass  of  blood  and  puffed 
up,"  James  ordered  him  taken  to  Lakeside  Hospital. 

A  few  Negro  policemen  came  into  Fifth  District  headquarters,  and  James 
asked  one  of  them  to  accompany  him  to  a  nearby  coffee  shop.  Over  coffee 
the  Negro  policeman  told  him  that  black  suspects  were  being  beaten  at  the 


80  Shoot-Out  in  Cleveland 

Fifth  that  night.  The  paddy  wagon  would  be  backed  up  to  the  garage  door, 
then,  before  the  electric  door  was  all  the  way  up,  prisoners  would  be  dragged 
from  the  wagon,  beaten  and  kicked.  When  the  NBC  cameramen  were  brought 
in,  the  policeman  said,  a  lot  of  officers  were  cleared  from  the  building  to  mini- 
mize the  number  of  witnesses. 

Meanwhile,  Julius  Boros  was  taken  to  the  emergency  room  at  Lakeside 
Hospital  by  two  police  officers— one  black,  one  white— who  were  "very  nice 
to  me."  There  he  was  examined  and  X-rayed  and  given  some  pills  in  response 
to  his  pleas  of  pain.  Then  he  was  dismissed.  "There  is  nothing  wrong  with 
you,"  he  quoted  the  doctor  as  saying:  "You  have  some  bruises."  He  was 
given  a  prescription  to  have  filled.  The  two  police  officers  returned  Boros  to 
Fifth  District  headquarters. 

Clarence  James  felt  Boros  needed  further  medical  attention,  and  ordered 
that  Boros  be  taken  to  the  prison  ward  of  Metropolitan  General  Hospital. 
Soon  thereafter  a  lawyer  from  NBC  arrived  and  requested  that  Boros  be  taken 
back  to  Lakeside  Hospital.  Evidently  the  change  of  plans  was  conveyed  to 
the  police  ambulance  while  Boros  was  en  route  to  Metropolitan  Hospital;  he 
recalls  that,  during  the  trip,  a  policeman  (one  of  the  two  who  had  accom- 
panied him  on  the  first  trip)  opened  the  window  separating  front  compart- 
ment from  back  and  said,  "Julius,  we  just  had  a  call  on  the  radio  that  changed 
the  story;  we  are  going  back  to  Lakeside." 

Boros  recalls  that  he  sat  at  Lakeside  Hospital;  nothing  happened  until  one 
of  the  police  officers  told  him  he  had  to  be  taken  to  Central  Police  Headquar- 
ters. Law  Director  James  and  Councilman  Forbes  also  went  to  Central  Police 
Headquarters,  only  to  find  that  the  person  in  charge  in  the  detective  bureau 
did  not  have  the  proper  form  to  release  Boros.  No  one  there  appeared  to 
know  anything  about  the  matter,  including  a  lieutenant  who  said  he  had  just 
come  on  duty;  soon  thereafter  he  went  home.  Eventually,  with  the  help  of 
attorneys  for  NBC,  Boros  was  released  from  custody.  He  was  given  back  his 
confiscated  possessions,  but  not  his  camera  or  his  watch. 

Boros  was  then  taken  to  Lutheran  Hospital,  where  he  was  treated  for 
broken  ribs,  a  ruptured  spleen,  fractured  vertebrae,  and  facial  scrapes.  He  had 
bruises  and  cuts  on  his  face,  arms,  back,  abdomen,  and  legs.  He  had  a  broken 
tooth.  Boros  still  required  hospital  treatment  after  he  returned  to  Chicago 
August  2. 

The  police,  meanwhile,  offered  a  brief  and  rectitudinous  account  of  the 
Boros  incident.  Patrolman  Donald  Kupiecki,  according  to  the  account,  had 
apprehended  a  Negro  suspect  at  the  corner  of  105th  and  Euclid  when  he 
asked  Boros  to  move  because  he  was  causing  a  traffic  hazard.  According  to 
the  Cleveland  Plain  Dealer: 

Kupiecki  said  that  Boros  then  grabbed  his  gun  from  its  holster.  The 
two  men  wrestled  for  the  weapon,  which  pointed  at  the  policeman,  ac- 
cording to  the  report.  When  Boros  was  subdued  and  was  being  placed 
into  a  police  car  he  kicked  Kupiecki,  the  report  states.  It  adds  that 
Kupiecki  was  treated  at  Lakeside  Hospital. 

Police  Prosecutor  James  Games  examined  both  sides  of  the  story  and  decided 
that  a  charge  of  assault  against  a  policeman  was  warranted  against  Boros.6  He 
further  stated  that  both  cameramen  had  been  treated  in  a  "proper  and  reason- 
able" manner  by  police.  In  a  trial  in  mid-January  1969,  Boros  was  acquitted 
of  the  charges. 


Law  and  Disorder  31 

(This  account  of  the  troubles  of  Charles  Ray  and  Julius  Boros  has  been 
based  on  notarized  statements  they  made  in  July  1968.  During  his  trial  in 
January  1969,  Boros  substantially  repeated  his  version  of  the  events  and  his 
testimony  was  corroborated  by  eyewitnesses.  It  took  the  jury  only  70  min- 
utes to  decide  to  acquit  Boros  of  the  charge  of  assault  and  battery.  Though 
Boros'  acquittal  tends  to  sustain  his  account  and  implies  that  one  or  more  po- 
licemen may  have  been  chargeable  with  assault,  Police  Chief  Gerity  has  indi- 
cated there  will  be  no  departmental  investigation  of  the  incidents.) 


On  Sunday,  July  28,  Cleveland  began  to  assess  the  damage  from  5  days  of 
violence.  A  task  force  of  architects  and  contractors  walked  through  the  dis- 
turbance area,  examining  damaged  properties,  using  as  their  guide  a  list  of  73 
properties  that  had  been  reported  damaged  to  the  police  department,  the  fire 
department,  the  mayor's  office,  or  listed  as  damaged  in  newspaper  accounts. 
A  group  of  alumni  of  the  Harvard  Business  School  also  analyzed  the  property 
damage,  and  in  their  report  to  the  mayor's  office  listed  damage  to  63  separate 
business  establishments.  Their  list  contained  10  fewer  names  than  the  task- 
force  report  because  two  of  the  properties  were  empty  stores  with  apartments 
above  them  damaged  by  water,  four  were  not  privately  owned  businesses,  and 
four  were  businesses  with  two  locations,  both  damaged,  but  listed  only  once. 

The  task  force  of  architects  and  contractors  had  surveyed  damage  and  de- 
struction of  buildings  and  estimated  the  total  property  loss  to  be  $1,087,505. 
To  this,  the  Harvard  Business  School  alumni  added  an  estimate  of  $1,550,225 
for  losses  in  equipment  and  inventory  so  that,  in  total,  dollar  losses  exceeded 
$2.6  million. 

Of  the  63  business  establishments  burned  or  looted,  two-thirds  were  on 
Superior  Avenue.  There  were  1 1  damaged  businesses  on  East  105th  Street, 
10  on  St.  Clair;  the  rest  were  scattered.  The  damage  tended  to  be  clustered. 
Half  of  the  damaged  businesses  on  Superior  Avenue  were  in  a  four-block  area, 
between  101st  and  105th.  In  another  cluster,  between  121st  and  124th,  14 
businesses  were  damaged. 

Despite  the  clustering,  the  damage  was  far  more  widespread  than  during 
the  Hough  riots  of  1966.  Then  the  burning  and  looting  had  been  concen- 
trated in  a  smaller  area  with  only  furtive  attempts  to  spread  the  violence.  The 
unlawful  activity  in  1968  seemed  born  of  greater  self-confidence,  less  fear  of 
getting  caught,  than  in  1966,  and  this  was  interpreted  by  some  as  an  indica- 
tion that  Mayor  Stokes  had  made  a  mistake  in  withdrawing  Guardsmen  and 
white  policemen. 

In  defending  his  policy  of  withdrawing  troops  Wednesday  night,  the  mayor 
admitted  that  there  was  property  damage,  but  said  he  valued  life  over  prop- 
erty. Nonetheless,  it  would  be  valuable  to  know  when  the  incidents  of  prop- 
erty damage  took  place.  Unfortunately,  the  task  force  and  the  Harvard  Busi- 
ness School  group  did  not  investigate  the  question,  and  the  only  analysis  of 
the  timing  of  looting  and  arson  is  one  presented  by  the  mayor's  office  on 
August  9.  According  to  that  analysis,  of  a  total  of  47  looting  incidents,  26 
occurred  during  the  first  24  hours  of  violence,  17  during  the  second  24  hours 
(essentially  when  the  Mayor's  Committee  was  patrolling  the  streets),  and  4 
during  the  remaining  days  of  trouble.  Of  the  34  fires  blamed  on  vandals  and 
other  incendiaries,  14  occurred  during  the  first  24  hours,  7  during  the  second 
24-hour  period,  and  13  during  the  rest  of  the  week. 


82  Shoot-Out  in  Cleveland 

The  analysis  by  the  mayor's  office  would  indicate  that  violent  activity  had 
been  reduced  Wednesday  night.  The  figures,  however,  do  not  concur  with 
those  presented  by  others,  including  a  statement  published  by  the  Plain  Dealer 
on  July  26,  that  "at  least  forty-seven  stores  in  the  cordoned  area  were  either 
burned  or  looted  yesterday."  The  precise  amount  of  damage  Wednesday  night 
will  probably  never  be  confirmed. 

Hardest  hit  among  the  63  businesses  were  groceries  (17),  furniture  stores 
(10)  and  clothing  stores  (8).  The  Lakeview  Tavern,  involved  in  the  Tuesday- 
night  Shootout,  was  the  only  bar  reported  looted,  although  the  State  Liquor 
Store  on  East  105th  Street  was  looted  twice.  (It  was  not  included  among  the 
list  of  63  damaged  establishments,  since  it  is  not  a  privately  owned  business.) 
Opinions  vary  on  whether  Negro-owned  businesses  were  carefully  spared  from 
damage,  as  they  had  been  during  the  Hough  riots  of  1966.  A  reporter  for  the 
Call  &  Post  cited  evidence  that  Nergo  merchants  were  spared,  though  some  of 
the  63  businesses  listed  are  Negro  owned.  Certainly  racial  strife  was  a  con- 
tributing factor  in  the  pattern  of  looting  and  violence.  A  20-year-old  Negro 
college  student  who  participated  in  the  violence  told  an  interviewer:  "I 
burned  the  corner  Jew  who  had  been  getting  my  folks  for  years.  I  didn't  have 
a  desire  to  loot.  I  just  had  to  put  that  cat  out  of  business."  But  the  choice  of 
targets  for  looting  may  have  had  more  to  do  with  the  commodities  coveted 
than  anything  else. 

The  alumni  group  of  the  Harvard  Business  School  talked  to  50  of  the  mer- 
chants whose  businesses  had  been  affected.  Of  these,  only  4  (8  percent)  of 
the  owners  believed  that  they  had  full  insurance  coverage;  22  (44  percent) 
had  partial  insurance  coverage;  and  24  (48  percent),  the  largest  group,  had  no 
insurance  coverage  at  all.  At  the  time  of  these  interviews,  14  of  the  mer- 
chants (28  percent)  were  open  for  business  and  required  no  help;  20  (40  per- 
cent) said  they  would  reopen  in  the  same  area  if  they  got  short-term  financing 
or  adequate  insurance  payments;  seven  (14  percent)  had  not  decided  what  to 
do;  and  nine  (18  percent)  had  closed  their  businesses  and  did  not  plan  to  re- 
open in  the  neighborhood. 

A.  L.  Robinson,  of  the  Cleveland  Business  and  Economic  Development 
Corporation,  cited  an  effect  of  the  looting  that  cannot  be  measured:  "I  think 
the  looting  put  fears  in  the  heart  and  mind  of  a  great  many  people  who  under 
normal  circumstances  would  like  to  go  into  business  [in  the  area] ."  An  older 
resident  of  Glenville  looked  at  looted  buildings  and  asked  in  bitterness:  "Why 
do  we  destroy  ourselves?" 

REFERENCES 

1.  While  Jones  was  facing  physical  risks,  attempting  to  keep  the  peace,  police  were  at- 
tempting to  search  for  weapons  in  his  apartment.  They  obtained  a  search  warrant, 
then  called  City  Hall  for  permission  to  enter  the  cordoned  area.  According  to  the 
Cleveland  Press,  "City  Hall  called  back  and  told  police  Jones  would  give  them  permis- 
sion to  search  his  apartment  without  a  warrant.  Police  declined  under  those  circum- 
stances." 

Wilbur  Grattan,  another  of  the  active  peacekeepers  on  Wednesday  night,  had  al- 
ready clashed  with  the  forces  of  law;  the  previous  night  he  had  been  attacked  by  po- 
licemen while  attempting  to  remove  a  wounded  sniper  from  behind  a  burning  build- 
ing on  Lakeview. 

Three  other  peacekeepers-George  Forbes,  Walter  Beach,  and  DeForest  Brown- 
were  summoned  to  a  county  grand  jury  hearing  on  August  24  without  the  courtesy 


Law  and  Disorder  83 

of  prior  notification.  "To  have  three  policemen  come  barging  into  my  office  with  a 
summons  and  escort  me  downtown  is  an  insult,"  said  Councilman  Forbes.  "No  won- 
der there  are  riots." 

For  Harllel  Jones  there  were  to  be  further  troubles  with  the  police. 

2.  The  Negro  is  much  better  off  than  he  would  have  you  believe,  the  policeman  said.  If 
the  truth  were  known,  he  added,  the  Bantus  used  to  sell  themselves  into  slavery  be- 
cause they  found  it  far  more  advantageous  for  them  to  do  so.  The  Bantus,  in  turn, 
would  take  into  slavery  the  Bushmen.  The  policemen  felt  the  Negroes  had  been  very 
happy  as  slaves.  When  "cotton  was  king"  the  times  were  good  and  this  general  pro- 
priety of  the  South  extended  not  only  to  the  whites  but  also  to  the  Negroes.  Now,  he 
felt,  Negroes  are  "con  men"  trying  to  convince  the  American  public  of  how  bad 
things  are  when  really  they  are  not  so  bad  at  all. 

3.  Newspapers  quoted  Stokes  as  saying  in  a  1  a.m.  statement  that  10  fires  had  been  set 
by  that  time  Wednesday  night.  At  the  City  Hall  press  conference  on  Aug.  9,  Safety 
Director  McManamon  stated  that,  in  the  24-hour  period  beginning  at  8:30  p.m.,  Wed- 
nesday evening,  there  were  23  reported  fires,  of  which  only  7  were  set  by  vandals  or 
other  incendiaries;  the  rest  were  rekindles,  false  alarms,  or  fires  unrelated  to  the  dis- 
turbances. According  to  McManamon,  there  were  only  17  looting  incidents  during 
the  24-hour  period. 

4.  According  to  one  source,  Mayor  Stokes  considered  using  for  nighttime  duty  only  the 
400  Guardsmen  assigned  there  during  the  day.  Gen.  Del  Corso  balked  at  this,  insist- 
ing that  all  the  troops-more  than  two  thousand -be  allowed  to  patrol  the  area  at 
night.  Del  Corso  insisted  "all  or  nothing,"  and  Stokes  gave  in  to  his  wishes. 

5.  About  2  months  later,  Harllel  Jones  had  another  of  his  many  run-ins  with  the  police 
(none  of  which  ever  ended  in  a  conviction):  Police  raided  the  Afro  Set  on  the  pretext 
that  missing  girls  were  there.  No  girls  were  found,  but  police  confiscated  black  na- 
tionalist flags,  marked  out-of-town  telephone  directories,  knives,  gas  masks,  and  a 
shotgun.  Several  days  later,  300  Negroes  marched  in  orderly  protest  over  the  incident. 

On  Mar.  3,  1969,  Harllel  Jones  filed  a  $100,000  damage  suit  against  the  three  po- 
licemen who  arrested  him  in  July  1968,  charging  false  arrest  and  illegal  search  and 
seizure. 

6.  During  the  early  morning  hours  of  July  28,  Charles  Ray  signed  a  disorderly  conduct 
waiver  which  effectively  immunized  him  against  criminal  charges. 


Chapter  5 

CLEVELAND  IN  THE  AFTERMATH 


In  the  wake  of  the  violence  of  July  1968,  Clevelanders  held  a  mirror  to 
their  city.  Few  were  happy  with  what  they  saw,  but  the  impressions  formed- 
and  the  remedies  proposed— were  many  and  varied. 

Members  of  the  Fraternal  Order  of  Police  were  angry.  Six  hundred  police- 
men attended  an  FOP  meeting  on  August  1  at  the  Plumbers  Union  Hall,  where 
heavily  armed  cops  guarded  the  meeting  from  the  rooftop.  There  were  denun- 
ciations of  the  Stokes  administration  and  a  motion,  favorably  voted,  calling 
for  the  resignation  of  Safety  Director  Joseph  McManamon.  A  similar  motion 
to  oust  Police  Chief  Michael  Blackwell  was  defeated,  largely  out  of  considera- 
tion of  his  age  (67)  and  longstanding  FOP  membership.  Two  nights  earlier,  a 
hastily  organized  meeting  of  several  hundred  police  wives  had  also  brought 
denunciations  of  the  Stokes  administration.  * 

The  mayor  refused  to  fire  McManamon.  Partly  in  response  to  police  pres- 
sure, however,  he  and  his  administration  began  taking  steps  to  correct  long- 
standing deficiencies  in  the  Police  Department.  After  studying  riot  control 
measures  in  Philadelphia  and  New  York  City,  the  Cleveland  police  established 
a  60-man  tactical  unit,  trained  in  the  use  of  high-powered  weapons  and  pre- 
pared to  cope  with  situations  involving  heavy  gunfire.  Early  in  September, 
Mayor  Stokes  announced  a  campaign  to  recruit  500  additional  police  officers, 
and  the  NAACP  began  a  program  to  encourage  and  prepare  Negro  applicants 
for  the  openings.  At  the  same  time,  the  mayor  announced  a  $186,615  grant 
from  the  Ford  Foundation  to  be  used  for  police  training,  to  pay  tuition  costs 
for  policemen  enrolled  in  college  courses  of  their  choosing,  and  to  give  900 
city  employees  (including  policemen)  training  in  modern  management  tech- 
niques. Other  funds  came  from  the  U.S.  Department  of  Justice  for  a  new  pro- 
gram to  improve  police-community  relations. 

More  changes  were  announced.  Safety  Director  McManamon  promised  to 
improve  the  police  department's  telephone  system  so  that  calls  could  be  an- 
swered and  responded  to  more  quickly  and  efficiently.  Late  in  September  the 
city  began  replacing  rundown  equipment  with  164  new  police  vehicles,  and 
McManamon  ordered  that  patrol  cars  on  the  East  Side  be  integrated.  Patrick 
Gerity,  who  succeeded  Michael  Blackwell  as  police  chief  in  mid-October,  be- 
gan a  shakeup  of  the  police  department  that  resulted  in  the  reassignment  of 
104  men. 

Some  of  the  changes  made  police  unhappy.  When  Cleveland's  Civil  Service 
Commission  expanded  the  recommended  reading  for  a  police  promotion  test 
to  26  books— including  works  on  sociology,  race  relations,  and  national  crime 
problems-police  rebelled.  "What  are  you  trying  to  make  us-social  workers?" 

85 


86  Shoot-Out  in  Cleveland 

a  policeman  asked  the  secretary  of  the  Civil  Service  Commission  at  a  meeting 
of  the  FOP.  Claiming  applicants  for  promotion  would  not  have  time  to  read 
the  books  before  the  exam  scheduled  for  November  1 6,  the  FOP  sued  to  have 
the  test  delayed  and  the  reading  list  shortened.  The  suit  was  dropped  when 
the  Civil  Service  Commission  agreed  to  reschedule  the  test  for  December  14 
and  reduce  the  reading  list  to  14  books. 


In  an  editorial  on  September  27,  the  Cleveland  Plain  Dealer  called  for  an 
end  to  the  tensions  and  cleavages  opened  by  the  Glenville  incident. 

This  city  must  not  be  turned  into  a  mutual  aggravation  society.  It  is 
time  for  all  groups-for  their  own  safety,  for  their  own  good,  for  their 
children's  future-to  work  together  for  a  peaceable,  lawful,  orderly 
community. 

The  editorial  went  on  to  condemn  "anyone  who  tries  to  keep  up  the  ven- 
detta." 

Three  days  later  the  Plain  Dealer  began  a  series  of  front-page  articles,  en- 
titled "The  Cleveland  Police:  What's  on  Their  Mind,"  that  effectively  kept 
the  vendetta  going. 

The  first  installment  of  the  series  contained  a  barrage  of  quotations  from 
policemen  critical  of  Mayor  Stokes,  Safety  Director  McManamon,  and  Police 
Chief  Blackwell.  The  article  cited  pernicious  claims  that  the  mayor  was  "pro- 
tecting" black  nationalists.  "He  wants  to  get  them  in  the  police  department," 
one  officer  was  quoted.  Though  it  had  been  promised  that  the  series  of  arti- 
cles would  separate  fact  from  rumor  and  myth,  the  few  facts  interspersed 
among  the  critical  opinions  were  negative  ones-for  example,  concerning  out- 
moded police  vehicles.  Nothing  was  said  of  reforms  and  improvements  then 
in  progress.  (The  next  day,  in  a  side  article,  the  Plain  Dealer  did  point  out 
that  Cleveland  had  recently  acquired  164  new  police  vehicles,  and  that  many 
of  these  were  already  in  service.) 

The  second  installment,  which  purported  to  be  about  inadequate  equip- 
ment, opened  with  a  quotation  in  14-point  type  that  perhaps  unintention- 
ally, had  racist  overtones:  "We're  like  a  British  outpost  in  Africa."  Like  the 
first  article,  the  second  published  comments  of  policemen  alleging  lack  of 
leadership  and  inadequate  equipment. 

The  third  installment,  on  October  2,  frankly  discussed  racial  attitudes  in 
the  police  department.  It  began  with  a  quotation  in  large  type:  "This  busi- 
ness about  putting  a  white  and  Negro  policeman  in  the  same  car  won't  work. 
You  got  to  have  a  close  relationship  between  partners.   If  you're  not  bud- 
dies, forget  it."   There  were  several  quotations  of  the  most-colored-people- 
appreciate-us  sort.  Of  the  troublesome  minority  of  black  militants,  a  police 
lieutenant  offered  this  analysis:  "I  think  these  black  nationalists  are  financed 
directly  by  Communists  or  front  groups." 

The  next  installment  of  "The  Cleveland  Police:  What's  on  Their  Mind"  re- 
peated the  charge  that  the  mayor  was  pushing  black  militants  into  the  police 
department  and  contained  the  allegation  that  standards  were  being  lowered  to 
let  them  in.  The  fifth  and  last  article  in  the  series  expressed  police  dissatisfac- 
tion with  the  courts  and  with  U.S.  Supreme  Court  rulings  affecting  police 
procedures. 


Cleveland  in  the  Aftermath  87 

At  the  beginning  of  the  series,  the  Plain  Dealer  had  announced  that  seven 
reporters- three  police  reporters,  two  city  hall  reporters,  (one  of  them  a 
Negro),  and  two  general  assignment  reporters- were  compiling  and  writing  the 
series.  Nearly  all  of  the  work,  however,  was  done  by  the  three  police  report- 
ers. It  has  been  noted  in  sociological  studies  that  policemen  often  develop  a 
conspiratorial  outlook  on  the  world  and  a  persecution  complex  about  them- 
selves as  a  group.  ("We're  alone,  we're  a  football,"  a  patrolman  told  one  of  the 
reporters.)  While  police  reporters  do  not  necessarily  develop  the  police  atti- 
tude toward  the  community,  they  tend  to  reflect  that  attitude  as  an  uncon- 
scious or  unstated  condition  of  their  continuing  rapport  with  the  police.  "The 
Cleveland  Police:  What's  on  Their  Mind"  gave  free  rein  to  expressions  of  cyni- 
cism, conspiracy,  and  group  paranoia. 

The  series  of  articles  in  the  Plain  Dealer  was  defensible  as  "news"  because  it 
brought  to  the  attention  of  Clevelanders  serious  problems,  especially  problems 
of  morale,  in  the  police  department.  It  is  noteworthy,  however,  that  the  po- 
lice had  publicly  aired  their  grievances  in  the  days  and  weeks  following  the 
Glenville  incident,  that  tensions  had  begun  to  subside  at  the  time  the  articles 
were  published  (and  deserved  no  rekindling),  and  that  steps  had  already  been 
taken  to  improve  the  situation  in  the  police  department.  While  the  series  of 
articles  led  readers  to  an  impression  of  a  police  department  suffering  stagna- 
tion, much  of  the  discontent  may  actually  have  stemmed  from  the  uncertainty 
and  insecurity  that  impending  changes  and  improvements  in  the  department 
were  then  creating. 

Many  Clevelanders  who  regard  the  Plain  Dealer  as  the  city's  most  responsi- 
ble newspaper  were  shocked  by  the  content  and  tone  of  "The  Cleveland  Po- 
lice: What's  on  Their  Mind."  Negro  leaders  were  outraged.  The  local  chap- 
ters of  the  NAACP  and  CORE  announced  boycotts  against  the  Plain  Dealer. 


Other  articles  appearing  in  the  Cleveland  Plain  Dealer  fed  suspicions  that 
the  newspaper  was  carrying  on  a  vendetta  of  its  own. 

On  October  3,  concurrent  with  the  fourth  installment  of  the  police-gripe 
series,  a  front-page,  five-column  headline  read:  "FBI  Is  Refused  Warrant 
in  Glenville  Riot  Probe."  The  article  told  of  the  refusal  of  the  U.S.  Attorney 
General  in  Washington  to  grant  a  warrant  to  the  FBI  to  search  a  farm  in  Ash- 
tabula  County,  50  miles  east  of  Cleveland,  allegedly  used  by  black  militants 
involved  in  the  Glenville  incident.  A  source  within  the  police  department  was 
quoted  as  saying,  "Our  information  was  that  the  FBI  felt  there  were  weapons 
and  possibly  dead  bodies  [at  the  farm] ."  The  implication  was  made  that  the 
Justice  Department  had  thwarted  the  legitimate  work  of  the  FBI,  possibly  be- 
cause of  racial  sensitivities. 

According  to  reporters  interviewed  for  this  study,  the  editors  of  the  Plain 
Dealer  had  known  of  the  warrant  refusal  for  some  time  but  had  saved  the 
story  to  use  as  a  "tie-in"  with  the  series  on  police  complaints.  The  Cleveland 
Press  investigated  the  matter  and  came  up  with  a  different  story.  The  Press 
article  reported  that  50  locations  had  been  reported  to  Cleveland  police  as 
possible  gun  locations,  but  there  was  insufficient  information  to  link  the  Ash- 
tabula  farm  with  the  Glenville  shootings.  "If  we  did  [have  enough  informa- 
tion] ,"  a  police  official  said,  "we  would  have  sought  our  own  search  warrant." 


88  Shoot-Out  in  Cleveland 

The  next  day  the  Plain  Dealer  reported  that  U.S.  Representative  William  E. 
Minshall,  a  Republican  running  for  reelection  in  a  predominantly  white  subur- 
ban area  of  Cleveland,  was  calling  for  a  special  session  of  the  Federal  grand 
jury  to  investigate  the  Glenville  incident.  Minshall  accused  U.S.  Attorney 
General  Ramsey  Clark  of  "shielding"  the  guilty  parties  in  the  incident.  On 
October  5,  the  Plain  Dealer,  under  an  eight-column  headline,  reported  that 
U.S.  Attorney  Bernard  J.  Stuplinski  had  responded  with  the  promise  of  a  Fed- 
eral grand  jury  investigation  into  the  circumstances  surrounding  the  Glenville 
incident.  That  afternoon,  in  the  Cleveland  Press,  Stuplinski  denied  that  he 
had  any  intention  of  calHng  a  special  Federal  grand  jury  to  probe  the  incident. 

Federal  agencies,  including  the  FBI  and  the  Alcohol  Tax  Unit  have  been 
gathering  information  as  to  possible  violations  of  Federal  law  since  the 
first  shot  was  fired  in  Glenville. 

If  any  violations  of  Federal  law  are  found,  Stuplinski  indicated,  they  would 
be  presented  to  a  regular  session  of  the  grand  jury. 

On  October  16,  the  Plain  Dealer  unleashed  a  major  expose,  revealing  de- 
tails of  an  incident,  embarrassing  to  the  mayor  and  other  high  officials,  that 
had  taken  place  5  months  earlier.  Under  a  five-column  headline,  "CORE 
'Bodyguards'  Freed  by  City  Hall  in  Gun  Case,"  the  Plain  Dealer  told  of  the 
dropping  of  concealed  weapons  charges  against  two  Negroes  "at  the  request 
of  unnamed  officials  at  City  Hall"  in  May  1968. 

The  two  East  Side  Negroes  were  temporary  bodyguards  for  CORE'S  former 
national  director,  Floyd  B.  McKissick.  They  were  arrested  during  the  early 
morning  hours  of  April  5 ,  8  hours  after  the  assassination  of  Martin  Luther 
King,  outside  the  home  of  a  prominent  Negro  stockbroker  where  McKissick 
was  sleeping.  Shortly  after  they  were  arrested,  Roy  Innis,  then  associate  na- 
tional director  of  CORE,  showed  up  at  Sixth  District  headquarters  to  appeal 
for  their  release,  saying  that  McKissick  had  announced  on  a  nationwide  news- 
cast that  his  life  had  been  threatened  and  that  the  two  arrested  men  were 
protecting  him.  Noting  that  McKissick  had  not  requested  police  protection, 
the  officer-in-charge  at  Sixth  District  headquarters  declined  to  release  the  two 
men.  Later  in  the  morning,  however,  they  were  released  on  orders  from  Chief 
Prosecutor  James  S.  Carnes. 

A  jury  trial  on  the  concealed  weapons  charge  was  scheduled  for  May  21. 
On  checking  the  court  records  on  May  16,  one  of  the  arresting  officers  found 
that  the  case  had  been  advanced  to  May  6  and  the  records  marked  "Nolle 
Pros,"  indicating  that  the  charges  had  been  dropped  by  Prosecutor  Carnes. 

After  the  Plain  Dealer  revelations  on  October  16,  John  T.  Corrigan,  prose- 
cutor of  Cuyahoga  County,  proceeded  to  take  over  the  case  dropped  by  the 
city  of  Cleveland,  an  unusual  move  considering  the  charges  were  only  for  a 
misdemeanor.  Corrigan  succeeded  in  getting  indictments  against  the  two  men 
from  the  county  grand  jury.  Carnes,  who  had  resigned  as  city  prosecutor  in 
September,  was  unresponsive  to  reporters'  questions  about  the  case.  Mayor 
Stokes  at  first  refused  to  comment  on  the  case,  then  admitted  he  had  been 
instrumental  in  having  the  charges  dropped.  But  he  defended  the  move  as 
necessary  during  the  volatile  hours  following  the  King  assassination,  when 
"we  were  . . .  trying  to  hold  the  city  together  and  trying  to  keep  down  any 
issues  that  might  erupt." 


Cleveland  and  the  Aftermath  89 

That  seemed  a  reasonable  explanation  to  many  Clevelanders,  and  reason 
enough  for  allowing  the  issue  to  die  quietly.  Reporters  interviewed  for  this 
study  indicated  that  the  editors  of  the  Plain  Dealer  had  knowledge  of  the 
dropped  charges  months  before  they  decided  to  publish  their  expose. 


The  Plain  Dealer  articles,  opening  old  wounds,  suggesting  conspiracies, 
casting  doubt  on  the  integrity  of  the  Stokes  administration,  may  have  in- 
creased the  credibility  of  a  racist  pamphlet  widely  distributed  in  the  white 
neighborhoods  of  Cleveland's  West  Side.  Entitled  "Warning!,"  the  bulletin 
detailed  an  alleged  plot  by  black  nationalists  to  attack  the  West  Side  to  "get 
the  white  man  where  he  lives."  Weapons  and  ammunition  for  the  attack,  it 
said,  had  recently  been  moved  from  a  farm  in  Ashtabula  County.  The  plot 
would  include  planned  auto  accidents  to  block  streets,  fire  bombings  in  a  con- 
centrated area  to  draw  police  into  an  ambush,  and  a  main  attack  by  50  to  75 
carloads  of  black  nationalists,  shooting  at  every  white  person  in  sight  as  they 
rampaged  through  the  West  Side  and  escaped  through  the  western  suburbs. 

The  warning  was  built  upon  distrust  of  the  Stokes  administration.  The 
anonymous  authors  said  they  had  warned  the  Cleveland  police  of  the  plot,  but 
the  police  has  replied  that  "with  this  administration  they  probably  won't  be 
allowed  to  take  any  action."  Because  the  black  militants  have  a  friend  in  City 
Hall,  the  pamphlet  said,  they  are  better  equipped  and  organized  than  they 
were  in  July.  "Because  we  can  expect  no  preventive  action  or  help  from 
Cleveland  City  Hall,  it  has  become  necessary  for  you,  the  potential  victim,  to 
protect  yourself  and  your  property." 

Others  were  busy  during  the  fall  of  1968  polarizing  the  Cleveland  commu- 
nity in  other  ways.  Robert  Annable,  a  telephone  company  employee  and  the 
president  of  the  United  Citizens  Council  in  Cleveland,  organized  a  rightwing 
group  called  the  Citizens  Committee  for  Law  Enforcement.  The  purpose  of 
the  new  organization  was  to  back  police  in  their  demands  for  heavy  weaponry, 
to  provide  financial  support  to  policemen  in  civil  suits  and  disciplinary  ac- 
tions, to  "investigate"  the  liberal  organizations  that  were  pressing  for  investi- 
gation of  the  police  department,  and  to  set  into  motion  a  campaign  to  have 
Mayor  Stokes  removed  from  office.  At  the  end  of  September,  Roy  Richards, 
head  of  the  new  group  and  chairman  of  the  Cleveland  branch  of  the  Wallace 
for  President  Committee,  filed  a  recall  petition  in  probate  court,  stating  that 
Stokes  had  acted  illegally  "in  allegedly  channeling  'Cleveland:  Now!'  funds  to 
Negro  militant  groups,  allegedly  appearing  at  a  public  function  with  armed 
black  nationalists,  and  allegedly  mishandling  the  restoration  of  order  during 
the  Glenville  disorders  last  July." 

The  Citizens  Committee  for  Law  Enforcement  also  printed  up  posters  por- 
traying Mayor  Stokes  and  Safety  Director  McManamon,  with  the  caption, 
"WANTED  to  answer  questions  for  the  murder  of  three  policemen."  The 
poster  began  showing  up  on  bulletin  boards  in  police  stations,  alongside  an- 
other which  showed  Mayor  Stokes  marching  in  a  parade  on  the  anniversary  of 
the  Hough  riots  behind  armed  black  nationalists  and  captioned,  "These  pic- 
tures show  how  to  start  a  riot  which  KILLS,  wounds  and  maims  policemen 
who  are  replaced  by  BLACK  POWER  social  workers  by  the  Mayor." 

Through  the  fall  of  1968,  white  residents  of  Cleveland's  West  Side  who  put 
credence  in  rumors  and  anonymous  pamphlets  waited  fruitlessly  for  an 


90  Shoot-Out  in  Cleveland 

invasion  by  black  nationalists.  What  came  instead  were  further  instances  of 
polarization,  instigated  by  the  anonymous  pamphlets  and  several  racially  ori- 
ented beatings  on  Cleveland's  West  Side.  A  rumor  spread  among  parents  of 
white  students  at  Shuler  Junior  High  School  and  John  Marshall  High  School 
that  their  children  were  threatened  with  mass  attacks  by  black  nationalists 
called  in  by  Negro  students  to  protect  them.  Negro  parents  were  told  that 
white  gangs  were  assembling  to  attack  Negro  students.  On  Monday,  October 
21,  70  Negro  students  walked  out  of  John  Marshall  High  School  and  a  smaller 
number  walked  out  of  Shuler  Junior  High  School.  Amidst  this  walkout, 
rumors  spread  over  the  West  Side  that  students  and  principals  had  been  beaten 
up. 

Negro  groups  contributed  to  Cleveland's  polarization.  In  September,  noisy 
interference  of  a  City  Council  meeting  by  black  militants  did  little  to  win 
sympathy  for  their  grievances,  however  meritorious.  And  in  October  it  was 
revealed  that  a  group  of  black  nationalists  calling  themselves  the  Black  Infor- 
mation Service  were  attempting  to  coerce  some  East  Side  merchants  into  turn- 
ing over  10  percent  of  their  profits,  allegedly  for  neighborhood-improvement 
projects.  The  extortion  shamed  the  Negro  community  and  brought  condem- 
nation from  its  leaders. 


Many  months  after  the  violence  of  July  1968,  the  neighborhood  of  Glen- 
ville  bore  the  scars.  On  Lakeview  Road  there  was  a  large  vacant  area  where 
two  houses  burned  to  the  ground  during  the  gun  battle,  giving  the  block  the 
appearance  of  a  row  of  teeth  with  two  incisors  missing.  On  Superior  Avenue 
there  were  stores  that  were  black,  gaping  shells,  others  that  hid  protectively 
behind  plywood  panels  at  their  windows.  Graffiti  scrawled  on  the  plywood 
told  of  hatred  and  smoldering  violence.  "Black  people  buy  Protection:  20-20 
shotguns  Passport  to  freedom"  was  scribbled  on  a  boarded-up  drycleaning 
store.  Said  another:  "Kill  Wild  Beast.  Stand  and  be  counted  in  the  war 
against  the  Beast."  Here  and  there  were  more  positive  evidences  of  the  new 
black  pride.  The  marquee  of  an  old  movie  theater  that  had  become  Muham- 
mad's Mosque  proclaimed:  "Allah  is  the  Greatest."  Among  the  stores  doing 
business  on  the  avenue  a  number  bore  Muslim  names,  some  incongruously: 
The  Shabazz  Market  advertised  kosher  meat.  Some  stores  sold  African  handi- 
crafts, as  Ahmed  once  had  done. 

Though  they  had  cause  for  bitterness  and  fear,  many  merchants  elected  to 
stay  on  in  Glenville.  One  who  had  particular  cause  for  bitterness  was  Jack 
Friedman,  owner  of  a  department  store  at  East  105th  and  Superior.  Friedman 
had  been  active  in  the  community  affairs  of  Glenville,  a  white  man  seeking 
racial  harmony  and  better  conditions  for  Negroes  of  the  neighborhood.  Most 
of  his  employees,  including  several  top  managers,  were  black.  Friedman  made 
many  of  them  stockholders  in  the  enterprise.  A  Negro  businessman  said  to 
him  once,  "Friedman,  why  don't  you  put  on  burnt  coffee?  You're  one  of  us." 
During  the  Hough  riots  of  1966,  Friedman's  store  had  been  spared  while 
others  nearby  had  windows  smashed. 

In  1968,  his  department  store  was  hit  on  the  first  night  of  violence,  some 
time  after  Friedman  had  returned  home  from  a  meeting  at  the  Office  of  Eco- 
nomic Opportunity.  It  was  "like  the  feeling  of  cold  ice,"  he  recalls,  when  he 
learned  of  the  damage.  The  store  was  a  shambles.  Display  cases  were  smashed, 


Cleveland  in  the  Aftermath  91 

their  contents  gone.  Vandals  broke  into  a  case  displaying  shoes  only  to  dis- 
cover that  all  the  shoes  were  for  right  feet.  Looters  grabbed  clothes  even  from 
the  mannequins,  sometimes  taking  pajama  bottoms  and  leaving  the  tops. 
Friedman  estimates  that,  of  $60,000  worth  of  merchandise  in  stock,  he  was 
left  with  less  than  $500  worth. 

But  Friedman  decided  to  stay.  "I  have  faith  in  Glenville  and  a  small  bunch 
of  hoodlums  isn't  going  to  destroy  my  faith  in  it."  He  wanted  to  help  heal 
the  wounds  and  continue  to  work  for  the  betterment  of  the  Negro  commu- 
nity. "I  happen  to  be  of  a  minority  group  myself,"  he  said.  "I  know  what 
they've  gone  through." 

REFERENCE 

1.  A  police  sergeant,  Louis  Bors,  took  matters  into  his  own  hands  2  weeks  later.  He 
went  to  the  Governor's  office  in  Columbus  (wearing  his  uniform),  carrying  a  10-page 
petition  calling  for  the  ouster  of  Stokes,  McManamon,  and  Law  Director  James  for 
"willfully  neglecting  to  enforce  the  law,  gross  neglect  of  duty,  malfeasance,  misfea- 
sance, and  non-feasance  in  office."  Governor  Rhodes  refused  to  act  on  the  petition 


Chapter  6 

A  NEW  PATTERN? 


In  recent  years  America  has  seemed  embarked  on  a  course  in  which  out- 
breaks of  racial  violence  deepen  the  rift  between  black  and  white,  and  the 
rising  tensions  and  mutual  distrust  that  lead  to  further  outbreaks  of  violence. 
The  pernicious  cycle  cannot  be  broken,  obviously  enough,  until  tensions  are 
defused  and  mutual  trust  is  established. 

Racial  violence  in  the  United  States  has  a  long  history,  and  the  changing 
patterns  of  that  violence  have  reflected  changes  in  the  relationships  and  atti- 
tudes between  blacks  and  whites.  Slavery  in  the  18th  century  established 
master  and  slave  in  the  relationship  of  dominant  and  subservient,  and  violence 
was  a  legitimate  means  for  the  white  master  to  underscore  and  enforce  that 
relationship.  As  Gunnar  Myrdal  noted  in  An  American  Dilemma  (1944): 

The  social  pattern  of  subduing  the  Negroes  by  means  of  physical  force 
was  inherent  in  the  slavery  system.  The  master  himself,  with  the  back- 
ing, if  needed,  of  the  local  police  and,  indeed,  of  all  white  neighbors, 
had  to  execute  this  force,  and  he  was  left  practically  unrestricted  by  any 
formal  laws. 

Negroes  did  not  always  resign  themselves  to  this  subjugation,  and  there  were 
several  notable  attempts  at  slave  rebellion.  All  of  these  attempts  failed,  but 
the  mere  fact  that  they  had  been  tried  served  to  increase  the  legitimacy  of 
white-inflicted  violence  for  maintaining  slaves  in  subjugation. 

With  emancipation  the  pattern  of  violence  changed.  Vigilante  justice,  espe- 
cially in  the  form  of  lynching,  was  an  extralegal  means  of  inflicting  punish- 
ment on  whites  as  well  as  blacks,  but  increasingly  it  became,  especially  in  the 
South,  a  mode  for  keeping  Negroes  "in  line."  The  Tuskegee  Institute,  which 
began  counting  lynchings  in  1882,  established  four  criteria  for  including 
events  in  their  records: 

1 .  There  must  be  legal  evidence  that  a  person  was  killed. 

2.  The  person  must  have  met  death  illegally. 

3.  A  group  must  have  participated  in  the  killing. 

4.  The  group  must  have  acted  under  the  pretext  of  service  to  justice, 
race,  or  tradition. 

In  the  peak  year  of  1892,  the  Tuskegee  Institute  counted  161  lynchings  of 
Negroes,  declining  to  67  in  1910  and  20  in  1930.  In  1963,  the  Institute 
stopped  counting,  for  lynching  as  a  mode  of  racial  violence  had  virtually  dis- 
appeared, and  the  count  no  longer  provided  a  useful  index  to  race  relations. 
Another  pattern  emerged  late  in  the  19th  century:  riots,  in  which  whites 
were  the  attackers,  Negroes  the  victims.  Generally  whites  sought  to  inflict 

93 


94  Shoot-Out  in  Cleveland 

personal  injury  on  a  group  of  Negroes;  the  Negroes,  as  victims,  usually  did 
little  to  counterattack.  In  1908,  the  white  community  of  Springfield,  111.,  en- 
raged by  two  alleged  rapes  of  white  women  by  Negroes,  launched  2  days  of 
rioting,  burning,  and  lynching  aimed  at  the  Negro  residents  of  the  city.  Most 
Negroes  fled  in  terror.  About  2,000  of  them  gathered  for  protection  in  the 
Springfield  Arsenal;  others  fled  to  safety  elsewhere.  Before  the  riot  ended, 
5,000  militia  were  patrolling  the  streets  of  Springfield.  Riots  of  a  similar  sort 
occurred  in  Wilmington,  N.C.  (1896);  East  St.  Louis,  111.  (1917);  Washington, 
D.C.  (1919);  and  Tulsa,  Okla.  (1921). 

Negroes  did  not  remain  passive  in  rioting.  The  next  pattern  to  emerge  was 
one  in  which  the  opposing  races  sought  to  inflict  physical  harm  on  each  other. 
An  example  was  the  1919  riot  in  Chicago.  On  July  27  of  that  year,  a  17-year- 
old  Negro  drowned  during  an  interracial  scuffle  at  a  public  beach  in  Chicago. 
The  incident  touched  off  a  week  of  racial  warfare.  Though  the  riot  produced 
property  damage,  the  major  objective  was  physical  harm.  Thirty-eight  per- 
sons were  reported  killed  (23  Negroes  and  15  whites),  while  a  reported  total 
of  537  were  injured  (342  Negroes,  178  whites,  17  undetermined).  Even  with 
National  Guard  units  in  the  city,  the  violence  did  not  die  down  until  Chicago 
faced  rain  and  falling  temperatures.  The  same  type  of  racial  violence  was  evi- 
dent in  the  1943  riot  in  Detroit,  Mich.  There,  in  less  than  3  full  days  of  riot- 
ing, 710  individuals  were  injured  or  killed.  Once  again,  persons  of  both  races 
participated  in  the  violence;  the  major  form  of  violence  was  physical  attack. 

The  spate  of  riots  in  American  cities  during  the  mid-1 960's  followed  a  dif- 
ferent pattern.  These  were  Negro-dominated,  property-oriented  riots.  Ne- 
groes initiated  the  violence  and  directed  their  hostilities  toward  property 
rather  than  persons.  Most  of  the  property  was  white  owned  but  located 
within  the  Negro  ghetto.  The  violence  seldom  spread  beyond  the  borders  of 
the  ghetto.  Generally  the  only  white  casualties  of  the  violence  were  police  or 
other  law  enforcement  officers  trying  to  control  the  rioting. 

The  precedent  for  this  kind  of  violence  occurred  in  Harlem  in  1935.  On 
March  19,  a  Negro  youth  was  caught  stealing  from  a  dimestore  in  that  pre- 
dominantly Negro  section  of  New  York.  A  crowd  that  gathered  outside  the 
store  got  the  impression  that  the  boy  had  been  murdered  by  white  employees 
of  the  store.  As  the  rumor  spread,  Negro  mobs  began  to  roam  the  streets  of 
Harlem,  breaking  store  windows  and  looting.  Except  for  confrontations  be- 
tween police  and  looters,  almost  no  whites  were  drawn  into  the  violence. 
Looting  continued  through  the  next  day,  but  was  finally  brought  under  con- 
trol by  police  and  local  Negro  leaders. 

In  1967,  riots  of  this  pattern  occurred  in  a  number  of  American  cities.  The 
National  Advisory  Commission  on  Civil  Disorders  (Kerner  Commission)  stud- 
ied these  riots  and  concluded: 

While  the  civil  disorders  of  1967  were  racial  in  character,  they  were  not 
interracial.  The  1967  disorders,  as  well  as  earlier  disorders  of  the  recent 
period,  involved  action  within  Negro  neighborhoods  against  symbols  of 
American  society— authority  and  property— rather  than  against  white 
persons. 


A  New  Pattern?  95 

The  violence  that  erupted  in  Cleveland  at  the  end  of  July  1968  may  have 
marked  the  beginning  of  a  new  pattern.  Though  it  soon  fell  into  the  estab- 
lished pattern  of  Negroes  destroying  property  in  the  ghetto,  it  began  as  vio- 
lence aimed  at  personal  injury.  Black  dominated  throughout,  it  ended  in 
more  white  casualties  than  black.  Though  the  white  victims  were  policemen, 
attacked  as  symbols  of  the  white  society  rather  than  as  men,  the  mode  of 
vengeance  had  taken  a  significant  step  beyond  damage  to  white-owned  busi- 
nesses. A  small,  well-equipped  army  of  black  extremists  was  responsible  for 
the  bloodshed  (whether  or  not  they  fired  the  first  shot).  The  depths  of  anger 
and  extreme  beliefs  from  which  the  violence  spring  are  indicated  by  the  fact 
that  the  presence  of  a  Negro  in  the  mayor's  chair  did  not  prevent  it  from  hap- 
pening. The  extent  of  alienation  of  many  blacks  from  the  white  society  is  in- 
dicated by  the  fact  that  Negro  leaders  could  not  stop  the  violence  once  it 
started.  (A  fair  appraisal  of  the  mayor's  one-night  strategy  would  acknowl- 
edge that  no  blood  was  shed,  that  the  peace  patrols  were  undermanned,  that 
most  of  the  trouble  came  from  juveniles,  and  that  traditional  methods  of  full- 
scale  repression  during  riots  have  not  been  notably  successful  either.) 

To  acknowledge  that  the  Cleveland  riots  began  as  person-oriented  violence 
is  not  to  say  that  the  Glenville  incident  was  a  planned  ambush,  part  of  an  in- 
tercity conspiracy,  or  "the  first  stage  of  revolutionary  armed  struggle,"  as  Phil 
Hutchings  of  the  Student  Nonviolent  Coordinating  Committee  called  it.  On 
the  same  day  that  Hutchings  gave  his  interpretation  of  the  event,  U.S.  Attor- 
ney General  Ramsey  Clark  offered  the  opinion  that  the  Glenville  incident  was 
"the  random  act  of  a  handful  of  very  extreme  and  violence-prone  militants." 
He  found  "even  less  evidence  now  of  militant  agitation  or  conspiratorial  ef- 
forts to  cause  . . .  [riots]  than  in  the  past  several  years."  Mayor  Stokes  also 
concluded  there  was  no  evidence  of  a  police  ambush  or  intercity  plot.  He 
blamed  the  incident  on  the  "spontaneous  action  taken  by  a  group  who  were 
armed  and  emotionally  prepared  to  do  violence."  After  its  investigations  the 
Cuyahoga  County  grand  jury  "substantially"  agreed  with  the  mayor's  analysis. 

Baxter  Hill  had  a  convincing  rejoinder  to  the  conspiracy  theory.  "When  an 
insurrection  comes,"  he  said,  "everybody'll  be  in  it  and  we'll  all  know  about 
it." 

It  is  beyond  the  scope  of  this  inquiry  to  speculate  whether  such  an  insur- 
rection, in  Cleveland  or  elsewhere,  will  ever  come.  But,  like  the  specter  of  an 
atomic  holocaust  that  now  forces  nations  to  seek  peace  among  themselves, 
the  possibility  of  interracial  civil  war  may  yet  goad  Americans,  black  and 
white,  to  noble  steps:  to  erase  tensions  and  misunderstandings,  to  correct 
longstanding  inequities,  to  restore  tranquillity  in  their  nation. 


EPILOG 

THE  TRIAL  AND  CONVICTION  OF 
FRED  (AHMED)  EVANS 


Last  August,  the  grand  jury  of  Cuyahoga  County  met  and  returned  seven 
first-degree  murder  indictments  against  Fred  (Ahmed)  Evans.  On  March  6, 
1969,  the  seven  counts  were  amended  at  the  request  of  counsel  for  the  de- 
fense to  delete  the  word  "murder"  which  is  a  conclusion  and  insert  "to  kill 
by  shooting"  in  its  place. 

Counts  1,3,5,  and  7  pertain  to  the  killing  of  Leroy  C.  Jones,  Louis  E. 
Golonka,  Willard  J.  Wolff,  and  James  E.  Chapman  as  civilians  and  read  as  fol- 
lows: 

. . .  unlawfully,  purposely,  and  of  deliberate  and  premeditated  malice, 
did  kill  one  [Jones,  Golonka,  Wolff,  Chapman]  by  shooting  him,  pur- 
suant to  a  conspiracy  to  kill  and  murder  theretofore  entered  into  by  and 
between  the  said  Fred  (Ahmed)  Evans,  Lathan  Donald,  Alfred  Thomas, 
John  Hardwick  and  Leslie  Jackson. 

Counts  2, 4,  and  6  pertain  to  the  killing  of  Leroy  C.  Jones,  Louis  E.  Go- 
lonka, and  Willard  J.  Wolff  while  in  the  discharge  of  their  duties  as  policemen 
and  read  as  follows:  ". . .  unlawfully,  purposely  and  wilfully  did  kill  [Jones, 
Golonka,  Wolff]  a  duly  appointed,  qualified  and  acting  policeman  of  the  City 
of  Cleveland,  County  of  Cuyahoga,  in  pursuance  of  a  conspiracy  to  kill,  while 
said  [Jones,  Golonka,  Wolff]  was  in  the  discharge  of  his  duties  as  a  police- 
man." 

The  criminal  statutes  in  Ohio  upon  which  these  indictments  are  based  are 
2901.01  and  2901.04.  They  respectively  read  as  follows: 

Conspiracy 

One  who  enters  into  a  conspiracy  to  commit  an  unlawful  act  is  guilty 
of  any  unlawful  act  of  his  co-conspirators  in  furtherance  of  the  conspir- 
acy and  it  is  not  necessary  that  the  conspiracy  be  one  to  commit  the 
identical  offense  charged  in  the  indictment  or  even  a  similar  one,  it  be- 
ing enough  that  the  offense  charged  was  one  which  might  have  been 
contemplated  as  the  result  of  the  conspiracy,  and  it  is  not  in  error  for 
the  court  to  so  charge  under  an  indictment  for  first  degree  murder  where 
a  conspiracy  to  rob  has  been  shown. 


97 


98  The  Trial  and  Conviction  of  Fred  (Ahmed)  Evans 

Killing  of  a  Police  Officer 

No  person  shall  purposely  and  willfully  kill  a  sheriff,  deputy  sheriff, 
constable,  policeman,  or  marshall  while  such  sheriff,  deputy  sheriff,  con- 
stable, policeman,  or  marshall  is  in  the  discharge  of  his  duties. 

Whoever  violates  this  section  is  guilty  of  murder  in  the  first  degree 
and  shall  be  punished  by  death  unless  the  jury  trying  the  accused  recom- 
mends mercy,  in  which  case  the  punishment  shall  be  imprisonment  for 
life. 

The  State  introduced  266  exhibits  and  called  86  witnesses  in  order  to  prove 
circumstantially,  if  not  conclusively,  that  Ahmed  Evans  with  four  other  co- 
defendants  was  guilty  of  conspiring  to  murder  on  July  23, 1968.  The  State 
built  its  case  on  the  testimony  of  approximately  eight  gun  dealers  who  sold 
guns  to  Ahmed,  and  the  testimony  of  Robert  Boone,  a  neighbor,  who  said 
that  he  saw  cars  with  out-of-State  license  plates  delivering  guns  to  Ahmed's 
house.  The  prosecution  demonstrated  that  Ahmed  had  the  funds  necessary 
to  make  these  purchases  by  calling  DeForest  Brown,  director  of  the  Hough 
Development  Corporation,  who  testified  that  Ahmed's  group  had  received  a 
grant  from  "Cleveland:  Now." 

Later  they  brought  in  Detective  Robert  Birt,  who  gathered  many  of  the 
guns  and  bullets  from  Ahmed's  apartment  and  the  scene  of  the  shootings  on 
the  night  of  the  23d.  Sgt.  Victor  Kovacic  was  asked  to  present  his  findings 
regarding  the  matching  of  bullets  and  guns  to  wounds.  During  the  progress  of 
the  trial,  the  State  offered  into  evidence  a  slug  fired  from  Ahmed's  gun  which 
was  allegedly  found  in  police  Car  591. 

Several  key  witnesses  were  also  called  upon  to  relate  their  contacts  with 
the  defendant.  Walter  Washington,  a  youth  who  claimed  that  he  was  at  12312 
Auburndale  on  the  morning  of  July  23,  stated  that  he  heard  Ahmed  talk  about 
killing  "the  beast"  and  said  that  Ahmed  showed  his  followers  how  to  use  the 
guns  present  in  the  house  at  that  time.  Patrolman  James  O'Malley  and  several 
other  police  officers  from  the  surveillance  teams  assigned  to  watch  12312  tes- 
tified that  Ahmed  left  12312  Auburndale  with  other  men,  armed,  at  about 
8:10  p.m.  on  July  23.  Another  crucial  identification  of  Ahmed  was  made  by 
William  McMillan,  the  tow-truck  driver,  who  was  shot  and  who  alleged  that  it 
was  Ahmed  who  shot  him.  Finally  Sgt.  John  Ungvary  related  conversations 
he  had  with  Ahmed  wherein  Ahmed  described  his  brand  of  black  nationalism 
as  "revolution  by  force."  He  also  stated  that  Ahmed  predicted  "blood  in  the 
streets  of  Cleveland"  and  a  war  by  the  black  people  on  "the  beast." 

The  defense  emphasized  that  the  corner's  examination  revealed  that  two 
of  the  policemen,  Golonka  and  Wolff,  were  legally  drunk  at  the  time  of  death 
According  to  the  eminent  forensic  pathologist,  Dr.  Cyril  Wecht,  James  Chap- 
man was  killed  by  a  gun  held  at  no  more  than  6  inches  from  his  head-and 
hence  by  a  policeman.  The  defense  maintained  that  the  guns  in  the  posses- 
sion of  Ahmed's  group  were  bought  to  form  a  rifle  club  and  that  they  were 
legal,  legitimate  purchases.  They  disputed  the  credibility  of  Walter  Washing- 
ton as  a  witness  (he  was  a  convicted  arsonist  and  thief).  Several  witnesses  wh 
were  at  the  hospital  when  McMillan  was  admitted  testified  that  McMillan  re- 
ported that  he  did  not  see  who  shot  him. 

Reports  were  presented  to  the  jury  that  Car  591  has  been  repaired  in  Sep- 
tember 1968,  and  that  there  had  been  no  detection  of  a  bullet  imbedded  in 


Shoot-Out  in  Cleveland  99 

the  vehicle  until  April  1969.  In  order  to  impugn  the  validity  of  police  testi- 
mony, the  defense  subpenaed  seven  persons  who  testified  that  they  were  vic- 
tims of  police  brutality  at  the  Lakeview  Tavern  on  July  23.  No  policemen 
admitted  having  knowledge  of  these  acts.  A  key  defense  witness  was  Joseph 
Turpin,  Jr.,  a  workhouse  guard  in  whose  house  Ahmed  surrendered.  He 
claimed  that  Ahmed  was  in  his  house  from  20  minutes  after  the  shooting  be- 
gan until  he  surrendered  to  the  police.  He  said  that  Ahmed  was  not  one  of 
the  men  he  saw  shooting  at  the  tow-truck  driver  and  that  Ahmed  had  said  he 
wanted  to  surrender  to  stop  the  shooting  and  burning. 

After  the  closing  statements  by  lawyers  of  both  the  State  and  defense, 
Judge  George  J.  McMonagle  explained  the  charge  of  the  law  to  the  jury.  He 
told  the  jury  that  the  indictment  was  not  evidence  in  the  guilt  of  the  defend- 
ant. It  was  merely  a  formal  way  of  legally  charging  a  person  with  a  crime.  In 
actuality,  a  presumption  of  innocence  must  surround  the  defendant  until  the 
jury  comes  to  a  verdict.  Regarding  the  use  of  a  "reasonable  doubt,"  Judge 
McMonagle  stated  that  it  must  be  more  than  a  possible  or  imaginary  doubt.  A 
reasonable  doubt  is  when  the  jury  cannot  "feel  an  abiding  conviction  to  a 
moral  certainty  of  the  truth  of  the  charge."  He  told  the  jury  that  they  also 
must  determine  the  degree  of  credibility  that  they  would  assign  each  witness. 

In  further  explaining  the  charge  of  aiding  and  abetting,  he  cited  Revised 
Code  Sec.  1.17  which  states  that  to  aid  or  abet  is  "to  help  or  assist ...  en- 
courage, counsel  or  incite.  To  procure  one  to  do  something  is  to  persuade,  to 
induce,  to  prevail  upon  or  cause  it  to  be  done." 

His  definition  of  conspiracy  was  a  paraphrasing  of  conspiracy  as  it  appears 
in  2901 .01  of  the  Ohio  Revised  Code.  In  McMonagle's  words,  a  "conspiracy 
is  merely  an  agreement  or  understanding  between  the  parties  to  the  conspir- 
acy. It  need  not  be  an  expressed  agreement. ...  It  may  be  implied  from  all 
of  the  evidence  and  circumstances  . .  ."1 

He  charged  that  "direct  testimony  of  conspiracy  is  unnecessary,  but  it  [the 
conspiracy]  may  be  established  by  circumstantial  evidence  showing  concerted 
action  in  committing  an  unlawful  act,  or  by  proof  of  facts  creating  an  infer- 
ence or  inferences  that  the  unlawful  act  was  in  furtherance  of  a  conspiracy." 
The  judge  said  that  if  circumstantial  evidence  is  consistent  with  either  guilt  or 
innocence,  the  jury  must  give  the  defendant  the  benefit  of  the  doubt.  The 
jury  may  draw  inferences  from  proven  facts  but  not  inferences  upon  infer- 
ences. 

He  informed  them  that  the  defendant  was  innocent  if  the  State  had  not 
proven  beyond  a  reasonable  doubt  these  charges.  On  the  other  hand,  if  the 
defendant  was  found  to  be  guilty  of  any  one  of  the  charges  of  first  degree 
murder,  the  jury  still  had  the  option  of  granting  or  withholding  mercy. 

One  of  the  final  parts  of  Judge  McMonagle's  charge  to  the  jury  was  that  of 
the  lesser  but  included  charges:  murder  in  the  second  degree  and  voluntary 
and  involuntary  manslaughter. 

The  jury  retired  to  deliberate  immediately  after  the  judge's  charge  at  about 
4  p.m.,  Saturday,  May  10, 1969.  They  discussed  the  evidence  for  the  remain- 
der of  the  day.  On  Sunday,  the  jurors  took  several  oral  ballots  and  eight  writ- 
ten ones-seven  for  the  seven  counts  and  one  for  mercy.  By  the  end  of  the 
day  all  the  jurors  agreed  to  the  defendant's  guilt,  but  one  juror  wanted  more 
time  to  think  about  the  issue  of  mercy  which  she  alone  at  that  point  favored. 


100  The  Trial  and  Conviction  of  Fred  (Ahmed)  Evans 

When  the  jurors  reconvened  on  Monday  morning,  May  12,  they  were  un- 
animous that  Ahmed  was  guilty  of  first-degree  murder  on  all  seven  counts, 
without  mercy.  On  that  Monday,  approximately  at  noon,  the  verdict  was  re- 
turned in  open  court. 

Before  sentencing  Ahmed,  the  judge  asked  him  if  he  had  any  statements. 
Ahmed  replied: 

I  fully  understand  the  ways  of  life  as  they  are  now,  and  the  truth  of 
the  matter  is  I  have  no  regret. ...  I  have  no  malice  towards  anyone, 
white  people  nor  anyone  else  .... 

This  will  not  end  by  the  means  that  have  been  used  today  against  the 
black  man  who  are  willing,  who  are  able,  who  are  strong  enough  to 
stand  up. 

The  electric  chair  or  fear  of  anything  won't  stop  the  black  man  of 
today. 

I  feel  justified  in  that  I  did  the  best  I  could.  And,  of  course,  con- 
cerning these  charges  I  am  not  a  murderer. 

Judge  McMonagle  answered: 

...  If  it  can  be  said  there  was  any  defense  you  presented  ...  it  was 
that  you  did  not  agree  with  our  laws,  and  apparently  you  were  not 
bound  by  them 

I  think  it  is  perfectly  obvious  that  we  cannot  have  a  system  where 
every  man  is  his  own  law. 

Furthermore,  Ahmed  had  inflicted  a  horrible  wound  on  the  community. 
The  judge  hoped  that  the  community,  white  and  black  together,  would  con- 
tinue to  work  together  for  coequal  status  within  the  law. 

Thereupon,  he  sentenced  Ahmed  to  die  in  the  electric  chair  on  September 
22, 1969,  between  the  hours  of  midnight  and  sunrise. 

REFERENCE 

1.  The  essence  of  a  conspiracy  is  the  agreement  or  joining  together,  and  in  some  States 
and  under  Federal  law,  this  combination  for  an  unlawful  end  is  itself  a  crime,  even 
though  the  agreed  act  is  never  carried  out.  In  Ohio,  however,  conspiracy  is  not  un- 
lawful per  se,  and  there  can  be  no  violation  of  the  law  unless  some  substantive  crime 
(here,  murder)  is  committed  pursuant  to  the  conspiracy.  Even  then,  the  defendant  is 
charged  and  tried  for  the  substantive  offense,  not  for  the  conspiracy. 


TASK  FORCE  REPORTS 

0  VIOLENCE  IN  AMERICA 
Historical  and  Comparative 
Perspectives 

D  THE  POLITICS  OF  PROTEST 
Violent  Aspects  of  Protest 
&  Confrontation 

D  FIREARMS  AND  VIOLENCE 
IN  AMERICAN  LIFE 


INVESTIGATIVE  REPORTS 

D  CHICAGO 

D  CLEVELAND 

D  MIAMI 

D  COUNTER-INAUGURAL 

COMMISSION  REPORTS 

D  PROGRESS  REPORT  TO 
THE  PRESIDENT