Raytown-Brooking Eagle, February 19, 2016

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Free complimentary copy February 19, 2016 • Volume 3, No. 17

www.raytowneagle.com • 50¢

ATF: Raytown fire that killed 2 was not intentionally started

Discrimination suit filed against Jackson County

By Kris Collins

By Kris Collins

After a week-long investigation, the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosive National Response Team, Missouri State Fire Marshal’s Office, Raytown Police Department and Raytown Fire Protection District determined the fire at Somerset Village Apartments that killed a young boy and his grandmother was not intentionally set. John Ham, public information officer for ATF, said in a statement Friday the Feb. 7 fire originated in a trash can on the first floor of the apartment complex. “We haven’t identified the ignition source,” Ham said. “We know it started in the trash can. As you can imagine at the point of origin of the fire, a lot what’s there initially burns up. We may not be able to identify the ignition source, but we’ve found absolutely nothing that would suggest the fire was intentionally set. We’re very confident at this point that it was an accidental fire.” Ham said that is a preliminary finding. The trash can and the remaining contents are undergoing further lab testing. Two dozen ATF agents and specialist were deployed as part of the National Response Team, a special unit that focuses ATF explosives and fire investigative resources and expertise on large scale incidents, or on more complex investigations due to the size, scope, or number of victims as a result of the incident. The National Response Team has since moved on to an investigation in New Jersey, Ham said. The Raytown Fire Protection District received a 911 call on the fire at approximately 2:20 a.m. on Feb. 7. Authorities said 4-year-old Jeremiah Roberts was killed in the fire. His grandmother, 59-year-old Cherri Roberts, died on the evening of Feb. 8 from injuries she suffered in the fire. A third victim, 18-month-old Jabin Roberts, suffered burns to approximately 70 percent of his body, authorities said. Raytown Mayor Mike McDonough said Tuesday night at a Board of Aldermen meeting that Jabin Roberts remains hospitalized in critical condition. One firefighter suffered firstand second-degree burns. Raytown Fire Protection District Deputy Chief Mike Hunley said the fire-

Jackson County is a facing a discrimination lawsuit filed by one of its employees who alleges she experienced a pattern of sexual harassment and retaliation after she reported the behavior of her coworkers to superiors. In the petition, filed in early December 2015, plaintiff Christine Lynde alleges she experienced sexual harassment from coworkers at the Jackson County Sheriff’s Office through the fall of 2013. The complaint alleges Lynde was wrongfully accused of sexual assault by a female coworker, who filed a complaint with the Lee’s Summit Police Department against Lynde. No charges were brought against Lynde as a result of the police report. The lawsuit alleges the coworker spread rumors about Lynde and harassed her through the summer of 2014, at which time Lynde’s tires were reportedly slashed while she was work. The document alleges Lynde’s superiors retaliated against her after she reported the harassment with Jackson County. Furthermore, the petition states the same male supervisor made lewd comments about her sexuality and threatened to writer her name and phone number on every men’s bathroom stall. The defense’s answer filed in response to the petition denies the claims and any wrongdoing. Lynde also filed reports with the Missouri Commission on Human Rights under the Missouri Depart-

Photos courtesy of Raytown Fire Protection District The Feb. 7 fire at Somerset Village Apartments that claimed two lives was determined to be accidental after a week-long investigation by the local, state and federal authorities, including the ATF’s National Response Team.

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fighter’s gear became heat saturated, meaning it absorbed all the heat it could, and the firefighter’s ears were burned. The fire reached temperatures of up to 600 degrees, Hunley said. The firefighter, Cherri Roberts

and the infant became trapped by the fire after a fire hose was burned through, leading to loss of water inside the building. The trio had to take shelter in a second-story apartment, knock out a window, and be rescued by a Kansas City Fire De-

partment unit. The roof of the building collapsed 10 minutes after crews exited the building. Upwards of $1 million in damages are estimated, and 26 people are displaced.

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Raytown Fire District, city to review 350 development TIF By Kris Collins The Tax Increment Finance District formed to redevelop approximately 30 acres of property along Missouri 350 is under scrutiny from the Raytown Fire Protection District, which alleges the city of Raytown has failed to file financial reports on the TIF with the state, and hasn’t kept its end of an agreement between the two entities regarding tax collection within the district. A TIF district is a funding mechanism commonly used to fund large-scale projects. The TIF captures tax revenue and allows a city to pay off bonds used for a redevelopment project over a long period of time. The Raytown Fire Protection District Board revisited an agreement it made with the city for the

redevelopment initiative and began to raise questions. Under an agreement between the two entities, according to Mike Hunley, Raytown Fire Protection District deputy chief, a certain percentage of tax revenue generated within the district would go toward certain phases of redevelopment projects, all of which were part of the Raytown Live project. Hunley said the fire district agreed to pay more than is outlined in law, but only agreed to for the construction of the WalMart on Missouri 350, part of phase 1 of Raytown Live. The district believes some tax revenue has gone to other parts of the redevelopment. “We’re really preliminary in this whole thing,” Hunley said. “We’re still gathering information to see what the scope of this is. We have not made any determination in moving forward legally. It’s impor-

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tant to know what you’re dealing with before you take any action.” He said the fire district and city have had some discussion but nothing of major substance. Mayor Mike McDonough issued a statement on the city’s website Tuesday in acknowledgement of the issue. “An issue of serious concern came to my attention last Wednesday, February 10, 2016, regarding whether or not the City of Raytown has been in compliance with reporting requirements for Raytown Tax Increment Financing (TIF) districts, in recent years,” he said. “Missouri statutes mandate that municipalities report certain TIF-related information annually. It appears that the City of Raytown’s mandated TIF reporting is incomplete or nonexistent for as many as the last four years. Failure to comply with the

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state mandates could have serious financial consequences, including the use of TIF in future economic development projects. “I take this matter very seriously, and assure our Raytown residents and businesses that I will find out what happened, when it happened, why it happened, and ensure that it is corrected and does not happen again.” The Raytown-Brooking Eagle has obtained documentation on the project and the financing for it. The Eagle will report in depth on the issue in next week’s newspaper. “The ideal situation is you resolve a lot of this without having to resort to going to court,” Hunley said, “because you start paying lawyers and it gets expensive, and everybody kind of loses, but it’s too early to know what direction we’re going to go.”

Raytown man suing Raytown for excessive force in arrest By Kris Collins

A Raytown man is seeking damages in excess of $75,000 against the city of Raytown and six officers with Raytown Police Department for a 2013 incident in which he was allegedly assaulted by two officers during a routine traffic stop. In the complaint, filed in the U.S. District Court for the Western District of Missouri, plaintiff Dederick Kelly alleges he exited his vehicle per officer instruction on May 17, 2013 during a traffic stop for a broken tail light and failure to use a turn signal, and, without engaging in evasive or active restraint, was put in a lateral vascular neck restraint and struck with multiple knee strikes and a punch by the officers. Specifically, the petition states the police department failed to properly train its officers, which would have reduced the excessive use of force; it alleges a violation of Kelly’s Fourth and Fourteenth Amendment rights; violation of Kelly’s civil rights; assault and battery; false arrest and imprisonment; and malicious prosecution. On Aug. 13, 2014, Kelly was found not guilty by a Jackson County jury in a case in which he was charged with resisting arrest. He was pulled over on May 17, 2013 and arrested on war-

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