MICHAEL C. FITZPATRICK , Morning Journal Writer 10/31/2003

LORAIN — The policeman who arrested a 9-year-old boy for
brandishing what turned out to be a toy gun, and then arrested his
mother for interfering, has asked that the charges against her be
dropped.

County prosecutors have already said the boy won’t be charged.

City Law Director Mark Provenza said police Chief Cel Rivera
contacted him yesterday, saying Patrolman Joe Novosielski requested
that the charges against Tamyka Saunders be dismissed.

Saunders, 28, of Sheffield Lake, had argued with Novosielski on
Saturday after he handcuffed her 9-year-old son, Thomas Clark Jr.,
who was spotted on Broadway waving a gun over his head, according to
a police report.

At the time, Saunders was getting her hair done at the Northern
Institute of Cosmetology on Broadway near Seventh Street. She ran
out into the street in curlers and asked Novosielski not to arrest
her son, according to reports.

She was arrested and charged with resisting arrest and obstruction
of official business, a police report said.

On Tuesday, Lorain County Prosecutor Jeffrey Manning declined to
charge the boy, saying ”the facts of the case don’t support a
criminal charge.”

Saunders appeared in Lorain Municipal Court on Tuesday and pleaded
innocent to the charges before Judge Gus Nunez.

”I’m going to ask Judge Nunez to respect the officer’s wishes and
dismiss the charges upon motion of the prosecutor based on the
officer’s request,” Provenza said yesterday.

He said he expects to discuss the matter today with Nunez.

Provenza said he didn’t know ”the reason” for Novosielski’s
decision to drop the charges.

Saunders did not return a call for comment.

Rivera released a statement yesterday defending Novosielski.

He said that given a recent spike in violent crime in Lorain and
seeing what appeared to be a real gun, the officer’s actions ”were
reasonable and necessary.”

Rivera also called into dispute claims that Novosielski pointed his
gun at the child’s head — an action that the officer denies. Rivera
said a witness to the incident supported the officer’s version of
the story.

The union that represents Lorain police officers also has circled
its wagons around Novosielski.

”Officer Novosielski responded to this complaint and handled the
situation without anyone getting hurt and in a professional
manner,” according to a release issued by Fraternal Order of Police
Lodge 3.

”We are constantly asked to tell the juveniles that they are being
arrested for their actions, to frighten them and hopefully stop
their unruly behavior. Sometimes this tactic works, sometimes it
doesn’t. We truly hope that this incident will frighten this
juvenile enough that he never again picks up a gun that is real or
looks real,” the FOP release said.

The FOP pointed out that a citizen first called police to alert them
to Thomas and that there has been a recent ”rash of shooting and
gun calls” in Lorain.

The gun turned out to be plastic and was spray painted black,
according to a police report. It also did not have an orange plastic
cap, which is now placed on many toy guns to help distinguish them
from real firearms, according to reports.

The story of the boy’s arrest has drawn national media attention
and, according to Lt. Robert Poli, Rivera has been inundated with e-
mails and phone calls critical of the department and Novosielski’s
actions in the arrest of the boy.

”Officer Novosielski is a good police officer and does not deserve
the harsh and vulgar treatment he is receiving from the media and
some of the public,” the FOP said.

Poli said he doesn’t expect any disciplinary action against
Novosielski.

Provenza said the incident is a good lesson for parents who allow
their children to play with toy guns that look realistic.

”You may invite some problems if you allow your children to play
with a gun that looks like a real gun,” Provenza said.

Poli said that in a day and age when more and more youngsters are
being charged in violent crimes involving guns, police officers can
never be too careful.

”A lot of things have happened in the last 10 years that make a
police officer want to be alert now more than ever,” Poli said