Pubdate: Wed, 10 Sep 2008 Source: Vindicator, The (Youngstown, OH) Copyright: 2008 The Vindicator Contact: http://www.vindy.com/ Details: http://www.mapinc.org/media/3298 Author: Peter H. Milliken Bookmark: http://www.mapinc.org/pot.htm (Marijuana) Bookmark: http://www.mapinc.org/coke.htm (Cocaine) Bookmark: http://www.mapinc.org/raids.htm (Drug Raids) DRUG HOUSE PADLOCKED BY STRATEGY THAT WORKS Judge John M. Durkin declared the Youngstown house to be a public nuisance on Aug. 27. YOUNGSTOWN -- The city's strategy of filing lawsuits to have drug houses declared public nuisances, boarded up and padlocked is effective because it bars drug dealers from returning to them -- and hits the property owners in the pocketbook, city officials said. Their comments came in the wake of a magistrate's order that keeps a reputed South Side drug house closed for a year after final disposition of the lawsuit, or until the property owner resolves the matter. The order to keep 542 W. Glenaven Ave. closed was issued Tuesday by Magistrate Dominic J. DeLaurentis Jr. of Mahoning County Common Pleas Court. At the city's request, Judge John M. Durkin initially declared the house a public nuisance and issued the temporary restraining order to close the house on Aug. 27. The house was then vacated and temporarily boarded up and padlocked pending Tuesday's hearing. City Prosecutor Jay Macejko filed the civil nuisance action against the house's owner, Yvonne J. Young, and her tenant, Dewaylon R. Bruton, and unidentified other tenants. Neither Young nor Bruton, nor lawyers representing them, showed up for Tuesday's hearing. Macejko said in court papers the city received numerous complaints about the house between February 2007 and August 2008. A police informant made 13 crack cocaine purchases at that house in the last 17 months, Macejko reported. Police executed search warrants there on April 13 and Nov. 20, 2007, finding marijuana, prescription pills, a crack pipe and four scales, Macejko added. At Tuesday's hearing, Randy Miller, a city vice squad officer, and Larry McLaughlin, a county sheriff's deputy, testified in detail concerning the history of undercover crack cocaine purchases and drug raids at 542 W. Glenaven. "It's a known nuisance drug house," Miller said. "It's just a violent business that lands in one of our residential neighborhoods," Macejko said of the drug trade. "Boarding up this house would stop this problem," he told the magistrate. "There was a large group of violent offenders that were frequenting that house," Lt. David McKnight, city police vice squad commander, said after court. When police raided it and boarded it up Aug. 27, the house had no running water, but it contained drug paraphernalia, large screen TVs and several $500 video games, he said. Continuing illegal drug sales there "will cause immediate and irreparable harm to the surrounding community," the magistrate's order said. The advantage of nuisance lawsuits is that drug sellers are barred from returning to the boarded up drug houses, even if they've made bond or been freed under the county jail's emergency release policy after their arrests, Macejko said. Police watch the boarded up drug houses, which bear "no trespassing" placards, and they can arrest anyone found there for trespassing; and trespassers can also be punished for contempt of court, noted Police Chief Jimmy Hughes. Property owners who permit drug sales have a lot to lose, he noted. "We want to send a strong message" they can forfeit the houses to the city if they continue to permit drug sales in them, Hughes said. While a house is boarded up, it becomes a dormant investment that generates no rental income for the owner, McKnight noted. "It's a financial blow to the owner," he said, noting the owner then incurs startup costs associated with any re-occupancy when or if the plywood is removed. The house on Glenaven was a strong candidate for board-up under a public nuisance action because of the "very large amounts" of crack cocaine -- up to a quarter of an ounce at a time -- being sold there and because of its proximity to the Youngstown Playhouse, which is only a block away, Macejko said. The drug sales at the house occurred round-the-clock with a lull during the morning hours, Macejko said. "It was becoming a very active and notorious site, and we wanted to make sure we took it out," he said. "Public nuisance suits are based on repeated, chronic felony drug activity," Macejko explained. The city used the same type of public nuisance action against a reputed drug house at 37 N. Hine St. on the city's East Side, and, in February, Magistrate Eugene Fehr ordered that house closed for a year or until further notice. In March 2007, Judge R. Scott Krichbaum ordered a reputed South Side crack house at 417 Kenmore Ave. closed and padlocked for six months. - --- MAP posted-by: Richard Lake