He had no arrest record since being in Washington, until April 5, when he got off work and went home and sat on the porch drinking beer and watched the people milling about on the streets. When he saw people carrying television sets and other items up the street, he asked where they got the goods and was told they came from a nearby store. "I saw others taking things, and I thought of the things my kids needed," he told the court. So he joined the looters but was arrested before he got anything. "Would you have gone if you had been warned that looters would be arrested or shot?" Burka asked. "No sir," Dodds replied. "People told me the police weren't arresting anybody and I thought it was all right since everybody else was doing it." He said he saw "lots of police around, but nobody was being arrested." DIDN'T EXPECT ARREST The others sentenced yesterday also said they did not expect arrest. They also said they went into the streets because everybody else was looting. The others sentenced had good-paying jobs, unlike Dodds, with one making $4 an hour as a cement finisher. None of them graduated from high school. Jessie J. Hinson Jr., 23, of the 500 block of 7th Street SE, a truckdriver charged with attempted burglary II and petty larceny, received a suspended 360-day jail term and was placed on probation for two years. He had one previous arrest for breaking and entering in Lancaster, S.C. in 1962 but no arrests since to came to Washington. He told the judge "I got with the wrong crowd" during the rioting and was arrested. He is married and has two children. A. D. Huff, 36, of the 2100 block of 4th Street NE, had no arrest record. He told Burka he completed the second grade before going to work on his father's farm. He has been in Washington eight years and works as a cement finisher. He received 180 days for petty larceny and rioting, with the sentence suspended. He was placed on probation for one year. John H. Walker, 22, of the 3400 block of 14th Street NW, charged with attempted burglary II and petty larceny after his arrest in a clothing store, received a suspended 180-day sentence and was fined $100 and placed on probation for one year. Walker, a machine operator with a fifth-grade education and a native of Washington, was bailed out after his arrest by his employer who then wrote a letter to the court in which he described Walker as "honest, trustworthy and a loyal employe." The letter stated, according to Burka, that Walker on numerous occasions had been left alone in the plant with large sums of money and never took one cent. His boss wanted him back on the job. Walker said that when he entered the clothing store there were policemen two doors away, but "I didn't think about police. It never occurred to me that I would be arrested." "How do you feel about what you did now?" Burka asked. Walker replied: "Bad." Charles E. Dean, 19, and Dempsey H. Bowie, 23, came to Washington from Alabama years ago and live in the 500 block of 3rd Street NW. Both are employed as cement workers earning $3.17 an hour and neither had an arrest record. Dean completed the ninth grade and Bowie the seventh grade. They said they "saw a bunch of other people walk out of the store" and then they were arrested. Both were charged with attempted burglary II and received suspended 360-day terms and were fined $100 each. ONLY ONE GETS JAIL Only one man received a straight jail term. He was James McDonald Carroll, 31, of the first block of Bryant Street NW. He was charged with carrying a pistol without a permit. He received 360 days in jail after Burka reviewed his conviction record, including charges of petty larceny, assault and carrying a dangerous weapon. A lifelong resident of Washington, Carroll is a laborer with a sixth-grade education. He claimed he had just bought a .22-caliber pistol from a youth on the street when he was arrested. Police said they recovered the gun and 26 rounds of ammunition. Carroll said he planned to take the gun home. The last of the eight to appear before Burka was Sylvester Burrows, 47, of the 1200 block of 5th Street NW, who was charged with attempted burglary and rioting. He previously entered a guilty plea to the charges, but when he came before Burka yesterday he said it was all an "accident." Burrows claimed that on April 5 he was standing near a liquor store when a crowd surged by him and the next thing he knew he was in the store, where he was arrested. The judge set aside the guilty plea and set a trial for July 2. [From the Washington Post, June 16, 1968] BANKERS ASK AID FOR D.C. POLICE NEED IMPERATIVE, ASSOCIATION SAYS IN RESOLUTION (By S. Oliver Goodman) HOT SPRINGS, VA., June 15-The D.C. Bankers Association today called for the immediate release of 1000 men from the military forces to augment the Washington Police Department. In a resolution adopted at the close of their annual convention here, the bankers said: "The needs of our community are so imperative that a delay cannot be endured." The resolution noted that President Johnson has requested Congress to authorize an increase of 1000 in the strength of the City's police force. However, the bankers feel too much time may elapse through normal civilian recruitment and training procedures. If the release of servicemen should be judged unacceptable, the bankers requested legislative action so that "not less than 1000 federal tropps may be ordered into our nation's Federal City to perform temporary and vitally needed police duties." The request for servicemen was one of a three-part resolution passed by unanimous vote of the bankers as steps towards restoring law and order in Washington. The action was prefaced with these remarks: “Crime is accelerating at a rate so rapid in the Capital of the Nation as to approach emergency dimensions. Those who may doubt the seriousness of our crime need only refer to recent statistics released by the Federal Bureau of Investigation showing that 'serious crime' in the District of Columbia for the period 1960-66 increased 123 per cent." The bankers also cited figures for the first five months of 1968 showing 36 bank robberies, an increase of 177 percent over 13 in the same period last year. In other anti-crime resolutions, the bankers Endorsed Judge Edward M. Curran's recommendation for the establishment of a new court to be known as the "District of Columbia Superior Court of Criminal Jurisdiction." Endorsed the recommendation of Judge Harold H. Green that favorable action be taken on a Senate bill providing for raising salaries and increasing the number of judges for the Court of General Sessions. Endorsed a proposal that the Juvenile Court be transferred and made a part of the Court of General Sessions. The bankers also recommended that the Bail Reform Act be amended to provide judges with discretionary power to deny bail pending trial in certain extreme cases. They also went on record as supporting an effective parking agency for downtown Washington, endorsing prompt Congressional action on the long-delayed freeway construction program, and calling for construction of a regional rail network to begin in October, 1968. A speaker today was Comptroller of the Currency, William B. Camp who touched briefly on a sore spot with District banks. Camp said he is well aware "of the particularly keen frustrations that arise when initiative is shackled by what are regarded as artificial barriers to normal patterns of growth and expansion." The Comptroller referred to the lengthy efforts of Washington banks to be allowed to branch into suburban Maryland and Virginia. Similar, if not identical, problems exist in many other sections of the country, he pointed out. (Whereupon, at 12:20 o'clock p.m., the Committee adjourned, subject to the call of the Chair.) (Subsequently, the following letter was received for the record :) Hon. JOHN M. MCMILLAN, UNITED STATES DEPARTMENT OF JUSTICE, Chairman, House Committee on the District of Columbia, Rayburn Building, Washington, D.C. DEAR MR. CHAIRMAN: At the Committee hearing held on May 16, 1968, Congressman Mathias requested that I submit a list of areas for new legislation which would be helpful to prosecutions in the District of Columbia. Accordingly, I submit the following areas which merit Committee consideration: 1. The common-law rule in the District of Columbia permits an arrested person to use force to resist an illegal arrest. A like common-law rule has been changed by decision in New Jersey and by statute in six other states. In a recently argued case in the Court of Appeals an opportunity was afforded the Court to re-examine the rule, but it appears the Court will decide the case without reaching that point. Further consideration should be given to the question whether the law should require an arrested person to submit to arrest without the right to resist by the use of force or should the common-law right to resist be retained. In cases involving assaults on police officers it is common to find defendants justifying use of force to resist arrest on the theory that the officer did not have sufficient probable cause to arrest thereby claiming the arrest to be illegal. 2. It is essential that we have strict gun control legislation in the District of Columbia, and that the law cover both hand guns and long guns. Such legislation has been previously proposed by the Department of Justice. I cannot too strongly urge the Committee to re-examine this proposal. 3. Modification of the Bail Reform Act is currently being studied by a committee of the Judicial Council of this Circuit and by the D.C. Committee on the Administration of Justice under Emergency Conditions. Recommended amendments of the Act will no doubt emerge from those studies. A recent interim report of the Council Committee indicates some sentiment favoring legislation providing for pretrial detention during declared emergencies in certain civil disorder cases such as arson, possession or use of firearms, explosives and incendiary materials; there was also some indication that inciting to riot, burglary and assault with a dangerous weapon should be included. Needed legislation should probably await the reports of these on-going studies. Please be assured of my cooperation in connection with your effort. Sincerely yours, cc: Hon. CHARLES MCC. MATHIAS, Jr. House of Representatives 107 Cannon Building Washington, D.C. DAVID G. BRESS, United States Attorney. APPENDIX STAFF MEMORANDUM, MAY 15, 1968-THE APRIL 1968 CIVIL Beginning on the evening of April 4 of this year, the District of Columbia experienced a widespread outbreak of rioting, looting, arson, and destruction of property. When the last Federal troops were withdrawn from the city on April 16, many blocks of the city were a burnedout shambles, with a total of 645 buildings and 283 housing units badly damaged or destroyed. Also, some 909 commercial establishments and their contents were destroyed or damaged. The commercial areas of 14th Street and 7th Street, N.W., and of H Street, N.E., were particularly hard hit by this wave of vandalism and arson. As a result, many small business establishments in these sections were badly damaged or totally destroyed by fire. Many of the men and women who owned these businesses have lost not only their property, but their sole means of earning a living and their entire life savings as well. While some have recouped a portion of their loss through insurance, few if any of these people will ever be completely reimbursed. The District estimates that the cost of demolishing and removing these unsafe damaged buildings or parts thereof will be approximately $300,000. Total losses of property in the riot-torn areas may never be completely calculated. The latest estimate of losses or damages to "insured" properties alone in the concentrated areas of looting and destruction has been fixed by insured underwriters at $25 million. Job losses, business losses, and hotel, restaurant and sightseeing losses, during this the busiest season in Washington likewise have been appalling and presently not determined. Widespread reports have been received by the Committee of innumerable instances attested to by witnesses, seen personally or on the various TV channels, of looting and plundering in the presence of the police, and subsequently in the presence of troops, with no apparent attempt being made by the police or troops to prevent or control same. What actual orders were issued to the police or troops is not clear from preliminary inquiry. Estimates of losses from the April 1968 civil disturbances in Washington ESTIMATED REAL PROPERTY DAMAGE No. of Buildings Damaged or Destroyed___ No. of Housing Units Damaged or Destroyed_- No. of Commercial Establishments Damaged or Destroyed___ No. of Public and Institutional Establishments Damaged or Destroyed__ These are estimates of losses in the concentrated areas of destruction; scattered damages outside thereof would run 15% of those figures, according to D.C. Government estimates. 645 283 909 8 OTHER LOSSES Estimated cost of insured property losses or damages, including inventories, as revised by insured underwriters (making Washington's losses, under these preliminary estimates, higher than those in any other U.S. city) (million) – Job losses in riot-torn areas... $24 (This is an elusive figure. There was testimony before the Committee that on 7th Street alone one of the several areas of widespread destruction-1,034 people were put out of work.) Cost of Federalizing the National Guard and Bringing in 14,000 Army $5.3 ESTIMATES OF COSTS TO THE DISTRICT OF COLUMBIA GOVERNMENT OF THE RECENT DISTURBANCES Mr. JAMES T. CLARK, You will note that the footnotes on pages 3, 4 and 5 indicate the purpose for which the money was used. D. P. HERMAN, Budget Officer, D.C. |