And while all the facts in the 27-year-old Parma man’s death haven’t been dragged out into the light yet, they likely will soon. A recent court decision has swatted down attempts by the city of Cleveland to toss out a lawsuit filed by Ficker’s family. Last week, the 6th U.S. Circuit Court of Appeals decided there was enough evidence to move forward with a lawsuit filed on behalf of Ficker’s mother and fiancee.
“Assuming the city doesn’t delay the case with further appeals, the case is headed to settlement or trial,” says Terry Gilbert, the attorney representing Ficker’s family in the lawsuit. “But what happened to Dan Ficker was outrageous and an example why the CPD is under federal monitoring. His family has waited five years for justice, and hopefully it will come soon.”
The total narrative of how Ficker ended up dead is a long and tangled tale — if you want the whole story, dive into our February 2012 feature on the shooting. The CliffNotes version, however, is that on the last day of his life, Ficker and his fiancee, Tiffany Urbach, went to a party at the house of Urbach’s cousin in Cleveland. This cousin was married to a Cleveland cop, David Mindek.
The party featured the usual drinking and holiday merry-making. Ficker and Urbach left to hit some bars and head home to Parma. Back at the party Mindek’s wife, however, found that $5,000 in jewelry was missing from her bedroom. She immediately suspected Ficker, and relayed her thoughts to her husband. Although he was off-duty at the time, Mindek contacted a friend in the department who was then patrolling the Second District. The two drove to Parma, confronting Ficker on his steps as he an Urbach were coming home. Craska shot and killed Ficker in a struggle. A grand jury cleared Craska in the shooting. Mindek was charged — and acquitted — of dereliction of duty.
There are police shootings that display a lack of control on the part of officers (137 shots), and then there are police shootings that are triggered by what turns out to be a terrible, tragic decision (Tamir Rice). Ficker’s family and attorneys contest Craska’s version of events (that Ficker was reaching for his gun) but really, that’s beside the point.
The ugly part of the Ficker shooting is that two Cleveland officers — one off-duty, the other on-duty — went outside the city limits to confront a suspect in an alleged theft where one of those officers was the alleged victim. That cavalier attitude — chucking protocol and procedure right in the dumpster fire — is what led to Ficker’s death, and it is entirely symptomatic of the brash intransigence and zero fear of accountability that’s become the public face of this community’s law enforcement.
Ficker, by the way, likely didn’t take the jewelry. It was never recovered, and his DNA was not found on the jewelry box. So Mindek and Craska’s rogue roll-up on Ficker was all for nought.
This article appears in Aug 3-9, 2016.
Wait, they checked the jewelry box for DNA? If any of us get robbed in our homes they sure are not going to do any of that.
Reallly bob, thats what u got from this whole story…..
They probably check for DNA and fingerprints because it ended up being a murder
Two Cleveland officers — one off-duty, the other on-duty — WENT OUTSIDE THE CITY LIMITS to confront a suspect in an ALLEGED theft where one of those officers was the ALLEGED victim.
This wasn’t a murder…it was a lynching as heineous as any committed by redneck Southern sheriffs in Klan robes.Just for leaving their jurisdiction, they should rot in prison for life, while fearing for their lives and being raped by 300-lb. bikers named Tiny..
But the victim will be vilified and crucified and portrayed as a thug, and the cops will walk. Welcome to North Missitucky.
Chuckles the Clown
Sadly, the Consent Decree “monitoring” has turned out to be a rubber stamp by the DOJ and the Monitor allowing the city to assure there will be no Constitutional Policing.
The city never agreed to the DOJ’s findings, and will continue to do everything they can to thwart the Consent Decree’s intentions.
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“But what happened to Dan Ficker was outrageous and an example why the CPD is under federal monitoring. His family has waited five years for justice, and hopefully it will come soon.”
Those cops should be in prison. I have great respect for police and the job they do but with that said I have zero respect for the ones that abuse their jobs.
Those cops should be put under the jail especially Mindek. Did you know this prick owns a bar of n fairview park?! The plain dealer wrote this ass kissing article about him and his wife totally ignoring his role in this murder!
If the police actions were wrong in going over there, then that is a internal matter. Had Ficker complied with police, he would most likely be alive today, and would be able to sue the City of Cleveland for the officers actions. Here is another example if people would just comply. There is a way to argue against the police, its called due process. You do not do it on the streets.
Mindek’s bar in Fairview Park has already gone under….
its funny everyone wants to say justice for dan ficker he was this great person who was a technician and would never steal he made his money honestly every time some peice of crap gets shot this is what u hear how about the truth he was a local DRUG DEALER such honest work lol when dealing drugs he put himself at risk his family at risk everyone around him at risk such a loving caring person huh and he threatened everyone at a bar and then a unregistered firearm was in his glove compartment normal citzens have it registered and a concealed carry permit drug dealing punks however carry unregistered firearms for protection he was told by the home owner not to go upstairs the bathroom didnt work then she sees him coming down from there he acted fidgety then left he was probably nervous as hell with his his pockets full of jewelry if u deal drugs chances r u have no problem commiting other crimes the officers found a pocket knife on him u think the average person in the city carrys a knife hell no once again just another form of protection for a drug dealing punk he didnt comply with officers because he thought they couldnt do shit being out of their jurisdiction he fought them put their life at risk by choking one of them and reached for the officers gun and he got shot normal citzens comply with police criminals fight them JUSTICE FOR MY LOCAL DRUG DEALER IS WHAT U SHOULD ALL BE SAYING and now the family is trying to get rich because the police did their job and to the CLEVELAND POLICE DEPARTMENT THANK YOU FOR RISKING YOUR LIFE EVERY DAY AND KEEPING US ALL SAFE
Obviously “thetruth” is some sort of insider with insider information, justifying police misconduct is only acceptable by CPD employees, not the general public, so don’t blow your own cover. My stepfather was a Cleveland police officer, a drunk, a wife beater, and a child abuser…his “brothers in blue” always helped him out by concealing the torment he put my family through. If those officers were abiding by the law, which is their job, none of that would’ve occurred.
lets use the whole dna record …… Dan Fickers DNA was not found ANYWHERE on the property ……. so does that means he was never at the party