LISBON, Ohio—The arrest of a NewsNation reporter covering Ohio Gov. Mike DeWine’s Feb. 8 press conference in East Palestine, Ohio, amid the aftermath of the Norfolk Southern Railway train derailment and chemical spill was still in the public eye on Feb. 14.
While DeWine provided updates about the recovery in East Palestine during a press briefing in Columbus, Ohio, about a dozen protesters gathered outside of the Columbiana County Courthouse in Lisbon to “stand up for our First Amendment rights” and support Evan Lambert.
The group also called for the resignation of Columbiana County Sheriff Brian McLaughlin and the termination of Chief Deputy Jen Tucker and East Palestine Detective Dan Haueter.
While representing NewsNation, Lambert was arrested after filming a live broadcast as DeWine addressed reporters about the Feb. 3 derailment in East Palestine of a Norfolk Southern Railway train carrying toxic chemicals.
Of the 50 freight cars, 10 contained hazardous materials, including vinyl chloride, ethylene glycol monobutyl ether, ethylhexyl acrylate, isobutylene, and butyl acrylate.
Rick Barron, who lives in Mahoning County north of Lisbon, was among the demonstrators holding a sign in front of the Columbiana County Courthouse.
“We’ve had a lack of transparency since the derailment happened, so it’s important that the media be here and be able to do their job without interference,” Barron said.
“What happened [with Lambert’s arrest] is another example of the Constitution being trampled on, and we are out here because we should not stay silent.”
The derailment occurred as a Norfolk Southern Railway train was traveling from Madison, Illinois, to Conway, Pennsylvania. East Palestine is a village of 4,761 people near the Pennsylvania state line in Columbiana County, Ohio.
After the freight cars veered off the tracks, a days-long fire erupted. Following the accident, emergency officials decided to release the gases from the derailed cars in a controlled burn to prevent a potential explosion, although the move released toxic fumes into the air.
Matter of ‘Life or Death’
“You need to leave. You just need to leave,” DeWine said. “This is a matter of life and death.”On Feb. 8, DeWine visited East Palestine and held his first press conference there since the derailment. Lambert was among the reporters in attendance, covering the announcement that the evacuation order had been lifted.
Standing in the back of the school gymnasium, Lambert was performing a live spot on the air and was accused of being “loud.”
Ohio National Guard Maj. Gen. John Harris and two Ohio State Highway Patrol officers attempted to stop Lambert’s broadcast because he was loud, a statement from the East Palestine Police Department noted.
Ohio State Highway Patrol body camera footage shows that Harris pushed Lambert, prompting law enforcement officers to separate the men.
The footage shows that a heated discussion between Lambert and law enforcement officers ensued.
Harris felt threatened, police stated. The footage doesn’t indicate what sparked the argument.
Haueter, the arresting officer, said in an affidavit that he, Tucker, McLaughlin, and Lt. Caleb Wycoff of the Columbiana County Sheriff’s Office told Lambert that he must leave the gym.
Lambert refused and was then asked to depart by the building superintendent/transportation supervisor, according to the affidavit. Lambert was taken into custody for criminal trespassing. A resisting arrest charge was added when he allegedly pulled away.
That is when Lambert was put on the ground as the news camera rolled. Haueter and Tucker placed him in handcuffs and guided him away.
DeWine Backs Reporter
Upon learning of Lambert’s arrest, DeWine publicly defended his right to perform his role as a member of the media. During his Feb. 14 press conference, he reiterated that viewpoint.“I have the same opinion that I had the first day,” he said. “It seems to me that everyone would be better off if the [Ohio] attorney general could see fit to ... not proceed with any kind of prosecution.”
Harris claimed that Lambert approached him in an “aggressive manner” and that he put his hands on Lambert’s chest “to keep him from bumping into me.”
The incident should “never have occurred in the first place” and Lambert “should not have been stopped” from his live broadcast, DeWine said on Feb. 14.
DeWine noted that he spoke with Harris about the confrontation.
“I think the general regrets that,” DeWine said. “I explained to him how press conferences work, and that, frankly, sometimes during a live press conference someone will be reporting directly.
“They have a right to deliver the news however they want to deliver the news. He [Harris] regrets the whole situation.”
He didn’t disclose whether the Ohio National Guard’s leading adjutant general will face discipline.
Lambert was transported to the Columbiana County Jail, where he was charged with resisting arrest and criminal trespassing before being released on a $750 bond around five hours later.
The Columbiana County Prosecutor’s office turned over the case to Ohio Attorney General Dave Yost’s office.
Must Appear in Person
Lambert’s attorney, Frank Cassese, filed a written plea of not guilty and a waiver of the right to a speedy trial on Feb. 13. Lambert lives in Washington, and Cassese tried to waive his presence at the arraignment, but the request was denied. Lambert must appear in person for the arraignment.“The claims made by Adjutant Major General Harris that Mr. Lambert was aggressive and that Harris was ‘... convinced he was prepared to do harm to me’ is patently false,” Cassese said in a statement.
“It is our position that the numerous videos of the incident, as recorded by bystanders, speak for themselves.”
Jamie Kennedy, who lives in East Palestine, was among the demonstrators. She believes that the conduct of law enforcement officers at the scene was “unacceptable.”
“I was out here in 2020 standing up against COVID mask mandates, and I stood up against vaccine mandates,” Kennedy said.
“This [Lambert’s arrest] is another example of how our freedom is being taken away.
“The reporter was just doing his job, and we shouldn’t even have to be there because the arrest shouldn’t have happened, but it’s important we stand up and speak out.”
