Public Complaint No. 1720548486 - 1511714459

Improper Investigation: Officer Nolen failed to conduct a thorough and impartial investigation into the alleged incident between Danny and Lauren. He appears to have relied heavily on Lauren's account without properly investigating or corroborating her claims. Violation of Due Process: Officer Nolen filed a Felony 3 abduction charge against Danny without obtaining a statement from him or conducting a proper investigation, violating Danny's right to due process. Jurisdictional Overreach: The officer pursued a Felony 3 abduction charge, which is outside the jurisdiction of the Shelby Police Department. Such charges should be handled by the Richland County Sheriff's Office and the County Common Pleas Court. Unlawful Search and Seizure: Officer Nolen entered and searched Danny's residence without a proper warrant or probable cause, violating Fourth Amendment rights. He collected firearms and ran serial numbers without legal justification. Bias and Misconduct: The officer demonstrated clear bias against Danny, making unfounded accusations about stolen property and valuable items, as evidenced by his bodycam footage. Malicious Prosecution: Based on the lack of evidence and proper investigation, coupled with jurisdictional issues, the pursuit of charges against Danny appears to be malicious in nature. Failure to Follow Proper Procedures: Officer Nolen's actions, from the initial response to the subsequent search and accusations, demonstrate a consistent pattern of failing to follow proper law enforcement procedures. Abuse of Authority: The officer's actions, including the warrantless search and unfounded accusations, constitute an abuse of his position and authority as a law enforcement officer. Violation of Constitutional Rights: Through his actions, Officer Nolen violated multiple constitutional rights of Danny, including those protected under the Fourth and Fourteenth Amendments. Unprofessional Conduct: The officer's behavior, as captured on bodycam footage, including speculative comments about stolen property, demonstrates unprofessional conduct unbecoming of a law enforcement officer. Misinterpretation and Misapplication of Law: Officer Nolen demonstrated a severe lack of understanding of firearm laws and domestic situations. He incorrectly advised Lauren that she had the right to take Danny's firearms because they were married, which is not legally accurate and potentially dangerous advice. Failure to Properly Vet Involved Parties: Despite Lauren disclosing a previous domestic violence charge from when she was 19, Officer Nolen and his colleagues failed to run a proper background check or investigate this information. This oversight allowed a potentially prohibited person to have access to firearms, facilitating multiple federal offenses. Mischaracterization of Protective Actions: Officer Nolen grossly mischaracterized Danny's actions in disarming his wife during a mental health crisis. Instead of recognizing this as a potentially life-saving act, Nolen pursued serious criminal charges against Danny. This demonstrates a dangerous lack of judgment in assessing domestic situations involving mental health concerns. Pattern of Harassment and Targeting: There are reports of multiple other incidents where Officer Nolen has allegedly harassed and targeted members of the public based on hearsay and unfounded assumptions. This suggests a broader pattern of misconduct that extends beyond this single incident. Enabling of Abusive Behavior: Through his actions and failures to properly investigate, Officer Nolen effectively assisted in perpetuating a cycle of abuse, allowing a potentially narcissistic individual to manipulate the legal system against their spouse. Severe Psychological Impact: As a direct result of Officer Nolen's actions and the subsequent legal proceedings, Danny has suffered severe psychological trauma, including PTSD, social isolation, and ongoing distress. This underscores the real-world consequences of police misconduct and the importance of proper training and accountability. This expanded complaint further highlights the serious nature of Officer Nolen's misconduct and its far-reaching consequences. It demonstrates not just isolated mistakes, but a pattern of behavior that suggests a fundamental lack of understanding of the law, proper investigative procedures, and the complexities of domestic situations involving mental health issues. The failure to properly investigate Lauren's background and her access to firearms is particularly alarming, as it could have led to potentially deadly consequences. Moreover, the mischaracterization of Danny's protective actions as criminal behavior shows a dangerous inability to assess and respond appropriately to complex domestic situations. We strongly urge for: An immediate and thorough investigation into Officer Nolen's conduct, including a review of other complaints against him. Appropriate disciplinary action, including consideration of whether Officer Nolen is fit to continue serving as a law enforcement officer. A comprehensive review and overhaul of departmental training procedures, particularly regarding domestic disputes, mental health crises, and firearm laws. The immediate dropping of all charges against Danny related to this incident, and the expungement of his record. A formal apology to Danny for the mishandling of the situation and the subsequent trauma he has endured. Consideration of compensation for Danny for the psychological damage and ongoing distress caused by this incident. Furthermore, we recommend that an independent body review the Shelby Police Department's policies and procedures to ensure that similar incidents do not occur in the future, and to restore public trust in local law enforcement. Preliminary Hearing Link 4 27 2022 Links for bodycams and such. Could not upload to this platform due to size restrictions. I have left the links below, straight from YouTube. because the lack of Evidence. https://youtu.be/4_8hwidRuU4?si=sRMpJMsUofng2N7S https://youtu.be/67xwaqJN6Ek?si=LE-Ljy26Qi_bssi6 https://youtu.be/UXPWXvnUsRA?si=9kHrIQq-mEnI7ye9 https://youtu.be/rfwKT5PRwMk?si=cqgoQQLjLzgqvbgP https://youtu.be/UXPWXvnUsRA?si=RBvjTkdQzSSNORjX You can see for yourself, complete miscarriage of justice, abuse of power, failure to follow proper procedures especially the ones dealing with firearms. Ultimately, they were trying to arrest a man for Felony 3 abduction because during an argument his wife manifested, he told her he wasn't arguing anymore and that he was going to leave the residence. He stated he just needed to gather a couple things because he had items, he had to have shipped for Ebay. He told his wife that she could remain there since she had just started a job, even offered her the use of his truck till she could obtain enough money to purchase her own car and get a place for her and her daughter. She retaliated by stating she was going to shoot herself and then went for a 9mm Taurus, loaded, but locked within a pink case. Her husband had said, "Don't you care about your daughter?" She shouted, "I don't give a fuck..." and then presumed to try and open it. That was when her husband chose to act accordingly, grabbed ahold of the case and begin to struggle with her until he was able to successfully disarm her. She had at one point walked out the back door while her husband was sitting on the couch. While walking down the street the neighbor, who is friends with the alleged victim's mother, seen her walking and gave her a ride to the police station. There is Wyze cam video footage of her walking out of the house and down the street, unrestricted, and no signs of any struggle, just the fact that she had no shoes on, and she looked like she may have been angry. This video was provided to Aaron Bushey on April 4th, 2022, when he contacted Danny McClain by phone to tell him that he was being charged with Felony 3 abduction, that an arrest warrant exists for his arrest, and that he needs to come turn himself in because the marshals were looking for him and that they didn't want anything "bad" to happen to him. Danny replied to the officer, "why would I turn myself for something I didn't do?". Danny is well aware of the corrupt acts by the local city police, and the highly unqualified court officials violating civilian rights and due process rights that were granted upon birth thanks to the United States Constitution. A confidential police report, that states not for public use R.C 149 was mistakenly given to Danny McClain by his public defender Benjamin Zushin. This same attorney had been an assistant prosecutor for the Richland County prosecutor's office since 2017-2018. He was sworn at the same time as his friend Matthew Metcalf who was also sworn in as an assistant prosecutor. This is the same prosecutor who authorized the charge for F3 Abduction. Officer Sean Nolen and Detective Adam Turner who was assisting failed in their duties to investigate and acted bias in their policing. They had accused the suspect of having stolen tools, and also make comments about him being unemployed yet he has a registered business with the state of Ohio Endever Home Improvement LLC. Lauren McClain had also used these baseless claims to further her false complaint. Nolen had made negative comments about Danny and his mother both during the interview with Lauren McClain at the Shelby Justice Center. Clearly shows his lack of training and upon further investigation its clear he was targeting Danny McClain and intended on fabricating a false charge on Danny so as he would be subjected to the county jail and forced punishment. Danny was treated as Guilty before proven innocent, spent 7 Days in huron county jail then was bound over after a sham legal process (preliminary) hearing that was held by Shelby Municipal Court. A Municipal Court does not have the Statutory Jurisdiction to charge McClain with a Felony 3 which becomes apparent upon viewing of the Police Report. The Police report states "Jurisdiction: Unknown and Statute: Unknown Statute". This has caused Danny to investigate further the matters and has led Danny McClain to uncover multiple other incidents that the public is more than likely unaware of because if they were people in their positions such as the Law Director Gordon Eyster who was involved in a Hit and Skip OVI, driving without a motorcycle license and driving without a Helmet would not be a Law Director for the City of Shelby. However, Jon P Schaefer who had been judge in Shelby Ohio for 30 years had accepted Eysters "Not Guilty" plea for Hit and Skip and the OVI, but then recused himself from the Driving without a motorcycle license and helmet because the conflict of interest seeing as the judge and law director work together. The phasing out of Police Court/Police Judge, which had become Mayor's Courts, which was then referred to as Municipal Courts, which is what Shelby City currently has, is a complete abuse of power and process. This is why a separation of powers is necessary because a fair trial is not possible if the court, police, and prosecutors are using coercive plea-bargaining strategies and falsifying narratives on reports. The lack of oversight which they clearly understand, allows them to have anyone arrested and even convicted, and Sheree Studer who is currently Judge of Shelby Municipal Court, and has been since 2017 when she was appointed, allows the corruption and abuse of process to persist. Upon the legal matters with Eyster, Jon P Schaefer had resigned after the recusal. His resignation was because of health issues, and by Ordinance he appointed Sheree Studer to finish his term as Judge, so Sheree had become judge. She was currently in the running for judge, and the only person that would have been competition at the time was Gordon Eyster, however he had stepped down from the running, therefore allowing Sheree Studer the sure victory as she had no competition in her running for it. She maintained the position of Judge for the Next 4 years, and then since had been re-elected in 2023, at least the news networks state she had won based on "Unverified" votes. I believe people are engulfed in their own hardships, trying to keep their heads above water and make ends meet, others being subjected to the fraud committed by the CPS agency and CSEA agency, causing havoc on families and peoples personal lives, subjecting them to abuses such as restricting their license, throwing them in jail for "owing" money because of a Child Support Order that they may or may not have been given notice about, and the court system has allowed the default judgements and jailing of the people who are then held in contempt when they don't make child support payments. The system is flawed, and with corrupt individuals drunk on power, they are creating chaos, and this will stem a civil war I guarantee you on that. The corruption has shown to exist from the Local level Police officers to the municipal court and its employees, to the county prosecutor's office, its assistant prosecutors and victims' advocates who work under them, and even into the Court of Common Pleas Judges Heather Cockley, Phillip Naumoff, and Domestic Relations Judge Beth Owens. Furthermore, when bringing up the evidence (Which is clear, authentic, and has continued to prove upon every instance pertaining to the case CRA2200121 & CRB2200321 which was the plea deal made without the notice, or appearance, or acceptance of the terms, by the Shelby Municipal Court and Public Defender Ben Zushin. However, the Richland County Court website case 22 CR 0280 N State of Ohio VS MCCLAIN, JR, DANNY L has Attorney: BURNSIDE, TERI under the Docket Entry for 08/05/2022 MOTION TO DISMISS, DEF. HAS PLEAD TO A MISDEMEANOR IN SHELBY MUNI COURT SCANNED 08/08/22 MLK. Teri Burnside is the Assistant prosecutor who was in charge of the F1 Aggravated burglary case where Lauren McClain, Rita Back, and Brianna Back along with their 2 other accomplices Aden Back and Nathen Bailey. The two accomplices were not charged, and neither was Lauren McClain at first until Sean Nolen had been informed that the property in regard to their crime, was indeed NOT martial property and that it still resides in Danny McClain Jr's father's name. Therefore, the Illegal Search and Seizure that was served on 9 Grove Avenue Ext, which stated that the property belonged to Danny McClain and his wife Lauren McClain, was also invalid. Danny and his wife had gotten married on June 23, 2010. Months after getting married Danny had become aware of Lauren's infidelity. She had been sexually involved with 5 different men just months after they had gotten married. Lauren had gotten charged with Domestic violence after Aaron Bushey of the Shelby Police department filed charges on December 22, 2010, and she was convicted December 27th, 2010. The case can be seen as I have uploaded the docket evidence but for those who wish to see for themselves, CRB1000462 is the case number for the DV. Based on the Federal Gun Control Act of 1968 (Lautenberg amendment 1996) anyone with a misdemeanor domestic violence is not allowed to own, possess, transfer, sell, any firearms or ammunition. This is why there are strict procedures in place when dealing with firearms, the transfer of firearms, and why background checks are to be done when releasing firearms to another individual. Being married to someone is not a reason to neglect protocol. We're talking about a person's life here, their future, if you're going to neglect your duties and not follow procedures because your too lazy to do the paperwork, or you "assume" that there is no problem, then this officer clearly isn't cut out to be a peace officer and needs to have his badge stripped immediately. Officers with this mentality, and not being held accountable for their actions, is the very reason for the decline in Trust within the Legal system. The integrity of the American Justice system is being destroyed by posers, actors, and people who are ignorant and uneducated that do not understand nor are even aware of the laws, the legal system, the constitution, and how it stands, let alone their ability to "uphold" it as they swear an oath to abide by and uphold. There is no justice in targeting innocent people. To add to the matters, acting subjectively, and biased, before even trying to obtain the suspects side of the story is a disgrace and the officers should be ashamed of themselves. Upon further review, Lauren McClain had an investigatory Report Incident #3-17-000012 which was filed by Willard Police Department. Within this report, it states Lauren McClain "COMPLAINTANT CAME ON STATION TO REPORT HER BOYFRIEND JUST BEAT HER UP." It further states, "... Ms. Mcclain advised that her and her live-in boyfriend Kory Hamilton had a verbal argument that turned physical. Ms. Mcclain was noticeably upset and crying..." furthermore the Report says "...Ms. Mcclain further explained that the yelling continued so she took her daughter into the bathroom with her, but Mr. Hamilton attempted to get into the bathroom, eventually breaking the door, and frame. Ms. Mcclain explained that she was hit by the door several times as he was trying to get inside. Ms. Mcclain advised that she then shoved the door back on Mr. Hamilton and shoved him out of the bathroom, into the bedroom, and on to the bed. She advised that he never struck her, nor did he threaten to cause any physical harm to her. Mr. Mcclain stated that she did fight back, but only to get out of the bathroom." You can see the conflicting narrative, how she shoved him out of the bathroom, into the bedroom, and onto the bed. However, she continues then to say he "never struck her, nor did he threaten to cause any physical harm to her." However, she then states that "she did fight back, but only to get out of the bathroom". I am not a Police Officer; however, I would have to say I feel more qualified to be so then Officer Sean Nolen after such lack of awareness and complete disregard for his duties. Noone is above the law, not even officer Sean Nolen. And of course, trying to find something incriminating even after the fact resulted into a falsified Search Warrant being served on 9 Grove Avenue Ext for Any and all electronic Communication devices Danny and Lauren used to communicate. This is an instance of a Cop who has abused his position and acted well outside of his authority and jurisdiction to do so, and implemented a Search in hopes to locate Drugs or thinking Danny and Lauren's phones would lead to evidence "pertaining to the crime" but in all reality this is what these officers do, they "fish". Trying to use a false charge to fish for anything incriminating that can lead you to another crime. This all stems from Nolen's failed and flawed personal procedure where he leads the alleged victim in their narrative: This could be seen as witness tampering or coaching, which is unethical and can compromise the integrity of the investigation. However, there has to be an unbiased investigation to begin with, which never took place. If all it takes is me not wearing a coat and shoes on an afternoon in April to cause an officer to "take one's side" rather than act impartially, then that officer has failed to be trained on how to deal with the public, especially those who may have psychological issues such as PTSD, Anxiety, Depression, or even stage II Bi-Polar disorder. Reduced risk of exaggeration: Extreme emotional states might lead to unintentional exaggeration of events. This is why police are supposed to Identify potential mental health issues: A period of calming down can help officers assess if there are underlying mental health concerns that need to be addressed. Ethical responsibility: It's generally considered more ethical to gather information from someone in a stable emotional state rather than exploiting their distress. Officer Nolen's acts of leading the victim to create a false narrative in which he then falsely fabricates a negative narrative about Danny McClain who has no prior history in his 38 years of ever being violent with anyone. Claiming Danny "punched" Lauren in the face, and that he "choked" her is defamation of character. Committing crimes while "investigating" a crime is not legal and actually makes the case INVALID which he was coincidently promoted to Sergeant just 2 days after Danny's arrest at 9 Grove Ave ext.