Ice Cube uses Lo­rain po­lice in­ci­dent in mu­sic video

The News Herald (Willoughby, OH) - - Local News - By Keith Reynolds kreynolds@morn­ingjour­nal. com @MJ_kreynolds on Twit­ter

The video of a Lo­rain man’s head striking and crack­ing a po­lice cruiser wind­shield was fea­tured in a new tear for rap­per Ice Cube’s new song “Ar­rest The Pres­i­dent.”

The 43-sec­ond video was re­leased Nov. 6 and fea­tures var­i­ous clips of Pres­i­dent Donald Trump with Rus­sian Premier Vladimir Putin; the Unite the Right rally in Char­lottesville, Va.; im­ages of mi­grant chil­dren be­ing held in in­tern­ment camps; as well as im­ages re­lat­ing to for­mer FBI Di­rec­tor James Comey in­ter­spersed with a clip of Ice Cube’s, whose real name O’Shea Jack­son, spit­ting lines into a mi­cro­phone while smok­ing what ap­pears to be a cigar.

The teaser ends with a the mes­sage, “Ev­ery­body go vote!,” and an ad for Ice Cube’s new al­bum “Every­thang’s Cor­rupt” which is sched­uled for re­lease Dec. 7.

The YouTube de­scrip­tion of the video in­di­cates the full song “Ar­rest The Pres­i­dent” will be re­leased Nov. 9.

In the mo­ments where Pele Smith, 34, of Lo­rain, ap­pears on screen, the rap­per says “leave that boy alone.”

The footage is from a Lo­rain Po­lice Depart­ment dash cam show­ing Smith’s face crack­ing the wind­shield of a po­lice cruiser dur­ing a Sept. 4, 2014, ar­rest on East 34th Street near Palm Av­enue on the city’s south side.

Lo­rain County Com­mon Pleas Court records show this ar­rest led to an Oct. 16, 2014, in­dict­ment for tam­per­ing with ev­i­dence, obstructing official busi­ness and re­sist­ing ar­rest.

On Oct. 29, 2015, Smith pleaded guilty to th­ese charges and was placed on com­mu­nity con­trol for one year.

Smith is serv­ing a three­year sen­tence in the Mans­field Cor­rec­tional In­sti­tu­tion on charges of drug traf­fick­ing, pos­sess­ing crim­i­nal tools and hav­ing weapons un­der dis­abil­ity.

He is sched­uled for re­lease Feb. 22, 2021, ac­cord­ing to the Ohio Depart­ment of Re­ha­bil­i­ta­tion and Correction.

In Au­gust 2016, Smith filed a civil suit seek­ing un­spec­i­fied dam­ages in Lo­rain County Com­mon Pleas Court against the city of Lo­rain, po­lice Chief Cel Rivera, Of­fi­cer Zachary Ferenec, Of­fi­cer Timothy Thomp­son, Of­fi­cer Michael Gidich and Of­fi­cer Miguel Sal­gado.

The case was moved to the Eastern Divi­sion of U.S. District Court in the North­ern District of Ohio in Cleve­land where District Judge Christo­pher Boyko is pre­sid­ing.

The orig­i­nal com­plaint says Smith was walk­ing on East 34th when then de­tec­tives Thomp­son and Gidich ap­proached him in an un­marked ve­hi­cle and or­dered him to walk over to it.

Smith ap­proached the ve­hi­cle and raised his hands.

The of­fi­cers ex­ited their ve­hi­cle and “with­out provo­ca­tion” wres­tled Smith to the ground, the suit says.

Smith was hand­cuffed and sat on a curb near the ve­hi­cle.

Ferenec ar­rived in a marked po­lice cruiser and Smith was lifted and walked to the cruiser, the suit says.

“Upon reach­ing Ferenec’s ve­hi­cle, (Smith) was grabbed by Ferenec and with­out provo­ca­tion, slammed (Smith’s) face into the wind­shield of his pa­trol car, shat­ter­ing the wind­shield,” the suit says.

Af­ter Smith was put in the cruiser, his suit claims the of­fi­cers taunted him.

The suit made five claims for re­lief: that Ferenec, Thomp­son and Gidich used excessive force vi­o­lat­ing Smith’s Fourth Amend­ment Rights; that Ferenec, Thomp­son and Gidich falsely im­pris­oned Smith vi­o­lat­ing his Fourth and 14th Amend­ment Rights; that Rivera and the city have cus­toms and poli­cies that cause con­sti­tu­tional vi­o­la­tions; that Ferenec, Thomp­son, Gidich and Sal­gado were grossly neg­li­gent; and that Rivera and the city neg­li­gently re­tained the of­fi­cers.

The de­fen­dants in the case de­nied the al­le­ga­tions in their re­ply to the com­plaint.

The case has yet to be con­cluded, but in July 2018, Boykins granted sum­mary judge­ment in the case on some of the claims against some of the de­fen­dants.

Specif­i­cally, he ruled in fa­vor of Thomp­son and Gidich on the excessive force claim, in fa­vor of all the of­fi­cers in the false im­pris­on­ment claim, in fa­vor of Sal­gado on the gross neg­li­gence claim and in fa­vor of Rivera and the city in the neg­li­gent re­ten­tion claim.

That de­ci­sion is be­ing chal­lenged by ap­peal in the Sixth Cir­cuit Ap­peals Court.

Court records do not spec­ify the next court date or dead­line.

KATHY WILLENS — THE AS­SO­CI­ATED PRESS FILE

Big3 Bas­ket­ball League founder Ice Cube ap­plauds the crowd dur­ing a time­out in the first half of Game 2 in the league’s de­but at the Bar­clays Cen­ter in New York.

RICH FURY — IN­VI­SION VIA AP, FILE

Ice Cube per­forms dur­ing the BET Ex­pe­ri­ence at the Staples Cen­ter.

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