Pubdate: Sun, 27 Mar 2005
Source: Herald-Sun, The (Durham, NC)
Copyright: 2005 The Herald-Sun
Contact:  http://www.herald-sun.com
Details: http://www.mapinc.org/media/1428
Author: Eric Olson

NO EVICTION FOR WEST KNOX STREET TENANT DESPITE SERIES OF DRUG BUSTS

DURHAM -- Durham police drug investigators have raided a West Knox
Street house four times in the past three years, each time arresting
the resident on drug offenses.

Police also have sent the owner of the house several letters
requesting that he begin eviction proceedings against the tenant.

"I do know they've been sent letters, we've attempted phone calls, and
I know [Special Operations Division] commanders have reached them to
let them know what a nuisance it's causing to the community," Durham
police Capt. Ed Sarvis said. "To our knowledge, they've done nothing."

The owner of the house, Gilbert Wayne Carmack, 4515 Rocky Springs
Road, could not be reached for comment. Repeated calls from The
Herald-Sun to his house were not answered last week.

The tenant also has nearly two dozen pit bulls living at the house,
and Animal Control said there was little it can do about the
situation. Cindy Bailey, the director of Animal Control, said
officials have visited the house "too many [times] to count within the
last six months."

During one particular arrest of the tenant, Bailey said Animal Control
officers removed the dogs from the house, but they were later told
they couldn't do so. "They said that we don't really have the
authority," Bailey said. "I took them to keep them safe and keep the
community safe. But there is just no legal basis to do that."

Clifton Wimbish, 33, of 1507 W. Knox St. was arrested March 11 and
charged with felonious maintaining a dwelling for the sale of a
controlled substance, possession of drug paraphernalia and a felony
probation violation.

Wimbish has been in the Durham County Jail on a $151,500 bond since
the arrest.

Durham police Capt. Steve Mihaich, who is in charge of the Special
Operations Division, said police had raided the house four times since
Wimbish moved there in 2002.

"Prior to living there, he lived on Lancaster [Street], and they
raided him twice over there," Mihaich said. "Each time, Mr. Wimbish
has been charged with possession of marijuana or crack or
paraphernalia."

Mihaich said he reached the landlord's wife by telephone on one
occasion.

"I spoke to the property owner once and told her about the raid,"
Mihaich said. "I asked her to take control of their property."

Richard Mullinax, a co-facilitator of the District 2 Partners Against
Crime, a community group, said the welfare of the dogs whenever
Wimbish was arrested was his greatest concern.

"In this instance, when the police raid a house, they cart everyone
off in the squad [car]. Who is going to take care of the animals?"
Mullinax asked. "It just seems inhumane to take someone from them, to
take someone from the property, then close it up and leave the dogs
there with no care."

Mullinax said Wimbish's girlfriend arrived during Wimbish's latest
arrest and was taking care of the dogs while he was in jail.

And the dogs are everywhere, according to Sarvis, who said officials
counted 21 pit bulls, including a litter of puppies, on March 11.

"They're actually chained up all over the house. Basically you cannot
get to the house without running into a dog," he said. "He's got them
strategically chained all over the property."

For Sarvis, the onus should fall on Carmack, the landlord of the house
who rents to Wimbish.

"We have no power at all to require someone to evict. All we can do is
let the owners know that this is what is going on in your property,"
he said.
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MAP posted-by: Larry Seguin