CRIME STATISTICS DETAILS

Hal Flak filed this request with the City Of Oakwood of Oakwood, OH.
Status
Completed

Communications

From: Hal Flak

To Whom It May Concern:

Pursuant to the Ohio Open Records Law, I hereby request the following records:

The City of Oakwood 2022 Annual report (https://oakwoodohio.gov/documents/2022-oakwood-annual-report/) provides crime statistics.

The 2022 crimes include 1 rape, 1 robbery, 7 aggravated assaults, and 7 burglary.

For these 15 crimes, I seek records which include location, offender demographics, victim demographics, date, time, weapons use, and victim injuries (when applicable).

Please redact victim names and exact locations (please provide approximate location) when location may identify the victim (I will not object to broad discretion in this regard even when data is not otherwise protected).

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days.

Sincerely,

Hal Flak

From: City Of Oakwood

This message will acknowledge receipt of your public records request. I note that you have asked for "records which include..." certain information. Unfortunately this is overly broad and does not allow us to identify ALL records that are potentially responsive to your request. In other words, it is possible that many different kinds of records might include pieces of the information you are requesting.

Based on the items listed in your request, we believe that the Incident Report for each criminal incident would be responsive and would contain the information you are seeking all in one place. If that is what you are requesting, please confirm. If you are seeking other kinds of records, which might happen to contain pieces of the information contained in an Incident Report, please identify those kinds of records. Any additional clarity will assist us in promptly responding to your request.

I will await your confirmation and/or clarification before directing the Safety Department to proceed with your request.

From: Hal Flak

Thank you for the assistance, and sorry for the broad wording. I'm not seeking all records, just those bits of information.

From your description, the incident reports should suffice.

Please redact anything that might be used to identify a victim, even if able to be released legally, and if possible replace with a more vague descriptor such as approximate location.

Thank you again.

From: City Of Oakwood

Thank you for the clarification. I have directed the Safety Department to begin identifying and pulling the Incident Reports so we can review and redact them as necessary for release. We will have to coordinate with the Detective Section as it is possible that some of the 2022 cases you have inquired about are still ongoing and may be subject to public record exceptions. I anticipate that we will complete your request by early next week, likely May 1 or 2.

Please note that the city can only redact as permitted and required by law. If there is additional redaction you feel is necessary for your intended purpose, you are free to make those further redactions as you see fit.

From: City Of Oakwood

Please be advised that the city's response has been slowed due to an unexpected data issue. Specifically, the number of aggravated assaults listed in the Annual Report (7) does not match the number of reports in the system. The Safety Department believes this may be due to a typo in the Annual Report, but is trying to reconcile the discrepancy before producing records to ensure you receive everything that is responsive to your request. I will keep you apprised of the status; I expect to have documents ready for you some time next week.

From: Hal Flak

Hello,

Just wanted to follow up on the status of this request.

Thank you,

Hal

From: Hal Flak

Hello,

Just wanted to follow up on the status of this request as it is Thursday evening.

Thank you,

Hal

From: City Of Oakwood

Your records will be uploaded later today, as soon as the review/scanning process is complete. Please note that the Safety Department has determined the number of aggravated assaults listed in the 2022 Annual Report is incorrect. There were 0 aggravated assaults in 2022, consistent with figures for 2020 and 2021. It appears that the "7" was a typo; it matches the number of burglaries listed in the next row and the Department believes the "7" was entered in the aggravated assault row by mistake. The correct figure is 0 aggravated assaults in 2022 so there will be no reports associated with aggravated assaults.

From: City Of Oakwood

I apologize for the delay; your records will be uploaded as soon as possible. Please note the Safety Department has determined that there were not 7 aggravated assaults as indicated in the 2022 Annual Report. That figure is a typo, likely the result of misentering the number of burglaries that is shown in the following row of the 2022 Annual Report. I am advised the correct number is 0 aggravated assaults, so there will be no aggravated assault reports to produce in response to your request.

Thank you for your patience. All responsive records have been identified and are in the process of being redacted. I anticipate uploading them to the MuckRock portal on Monday, May 15.

From: City Of Oakwood

I have tried responding to you twice today via MuckRock but for some reason, my responses are not showing up in the thread. I hope you are receiving them. The latest was a reply indicating that your records will likely be uploaded on Monday, May 15. If you could confirm your receipt of these messages, it would be very much appreciated. Thank you.

From: Hal Flak

Thank you for the reply. It does appear there was a glitch that caused your reply to be delayed - hopefully that is fixed.

Regarding no aggravated assaults, I would like to bring your attention to at least one known case:

"The victim, a Dayton man, told authorities he was robbed and shot at about 3:35 a.m. on East Drive in Oakwood, police records show. That occurred after three suspects followed him in a car from the Speedway store on nearby Shroyer Road in Kettering, the incident report states.", from July 2022.

Would this not qualify as an Aggravated Assault?

Thank you.

Hal

From: City Of Oakwood

I apologize for the continued delay in producing responsive records. With a small Safety Department the city has one records clerk, and he has been out sick this week. I will get an answer to your question and responsive records as soon as I am able to do so. Thank you for your continued patience.

From: City Of Oakwood

I have uploaded all public records responsive to your request. A few things to note:

1. Reports have been provided for 7 burglaries, 1 rape, and 1 robbery. As noted in previous correspondence, there were no aggravated assaults and thus there are no reports related to aggravated assaults.

2. All 9 of the incidents for which reports have been provided are considered open investigations. (This is true even for the few cases that have already resulted in convictions, because there is time remaining on the offender's sentence, time remaining in which the offender could appeal the conviction, and/or an actual pending appeal.) Therefore, information has been redacted pursuant to the Confidential Law Enforcement Investigatory Record (CLEIR) exception to the Ohio Public Records Act, R.C. 149.43 et seq., where such information could identify an uncharged suspect, a confidential law enforcement technique, or specific investigatory work product.

3. Social security numbers have been redacted throughout, as required by law.

4. You inquired specifically about the late night/early morning incident last July on East Drive. That incident was categorized as a robbery rather than an aggravated assault, consistent with FBI Part I crime reporting requirements. The report for that incident is included in the file I have uploaded with this response.

Again, thank you for your patience with this request. We consider this to be a complete and final response, but please advise if you require anything further.

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