Cleveland police officer Mindek on trial for dereliction of duty

CLEVELAND, Ohio -- Attorneys gave a judge contrasting views this afternoon of the role a city police officer played in the July 4, 2011, shooting death of a Parma man.

A Cuyahoga County grand jury in March had indicted Cleveland police officer David Mindek, 41, for his role in the fatal shooting of a Daniel Ficker, 27, of Parma.

Mindek was charged with dereliction of duty -- a second degree misdemeanor -- for failing to help another officer arrest Ficker before a fight erupted and ended with Patrolman Matthew Craska shooting Ficker in the chest outside his home.

Assistant County Prosecutor Brian McDonough told Cuyahoga County Common Pleas Judge Robert McClelland that Mindek "was more of a referee than a cop" during the fracas.

But defense attorney Pat D'Angelo contended that Mindek did intervene, but that he was also forced to consider a variety of factors in an unusual situation.

The prosecution was expected to begin presenting evidence in the case during the remainder of this afternoon.

A jury pool had been convened this morning, but Mindek and his attorney opted instead to have the case heard before

Mindek's attorney had said in April, soon after the officer was indicted in the case, that he was not certain whether his client would be tried before a jury or not.

According to reports: Daniel Ficker had returned home on July 4, 2011, with his partner Tiffany Urbach, who is also the mother of his two children, when he was confronted by Cleveland police officers Matthew Craska and Mindek.

Mindek was off duty at the time, but had enlisted Craska to investigate jewelry reportedly missing from Mindek's house.

Ficker, Urbach and their two children had been at Mindek's house earlier in the day for a party. Mindek's wife, Kimberly, is Urbach's cousin.

She suspected Ficker had taken the jewelry and told her husband after he came home following his shift, according to the lawsuit.

After Ficker, Urbach and their children left the party, they went to Urbach's parents' home in Strongsville. The children stayed there while Ficker and Urbach went to a bar, then returned to their Parma home around midnight.

When they got home, Craska and Mindek were there, having arrived in Craska's cruiser. They approached Ficker and forced him face down on the hood of the police car, according to the lawsuit.

A vicious fight ensued. At one point, Craska used his Taser on Ficker, but it didn't stop him, according to records.

Cleveland Patrolman's Association attorney Pat D'Angelo, who represented Craska and Mindek in a deadly force investigation, said Ficker was the aggressor and

Craska was defending himself in a life-or-death situation. He said that during the fight Ficker went for Craska's gun.

Meanwhile, Ficker's family shot and killed outside his home by a Cleveland police officer last year sued Mindek for an undetermined amount of damages.
The suit claims Ficker broke free and tried to enter his house through a side door before he was shot.

The civil suit was filed by Urbach and Ficker's mother, Bernadette Rolen. Defendants besides Cleveland include Craska and Mindek.