All Episodes

June 5, 2026 18 mins
Willie talks with attorney Todd McMurtry about his clients lawsuit against the Cincinnati Police Department.

See omnystudio.com/listener for privacy information.

Listen
Watch
Mark as Played
Transcript

Episode Transcript

Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:06):
Bym Bhilly cunning Him the Great America. Welcome. This war
is Friday afternoon in the Tri State Reds Baseball kicks
off tonight. Sports talk about six ZH five, first, bitch
about eight ten in Saint Louis. Meet me in Saint
Louis and the Reds need to win desperately there in
last place. Things are going well and we'll see what
happens down the road. But one of the tragedies happened
when you have a stand down law enforcement agency, when

(00:27):
you have chiefs of police and others who cook the
books and don't tell the truth that you have situations
like Patrick Herringer, who was simply living a good life
with Sarah in a good way, trying to do what's right,
and he is slaughtered in his own home by someone
that should have been picked up months or a year ago,
shouldn't have been released in the first place. But nonetheless,
Mordecai Black is now facing murder charges in the studio

(00:48):
with me as Todd McMurtry. He's the attorney for the
estate and for Sarah. And first of all, welcome again
to the Bill Cunningham Show.

Speaker 2 (00:55):
Thanks Bill, it's my pleasure to be here.

Speaker 3 (00:57):
Who was Patrick Herringer?

Speaker 2 (00:59):
You know, Patrick was a good friend of mine. He
was a hero. He was a decorated combat veteran, served
in a rock and Afghanistan. He was a leader of men.
He was a founder of a very successful gym, a
business owner, an entrepreneur, a good husband, a great man,

(01:19):
a beast. Did you know him before? Oh yeah, friend
of yours of mine? Yeah, I played golf with him,
went to his gym.

Speaker 3 (01:29):
How's Sarah doing?

Speaker 2 (01:31):
You know, she is doing as well as one could
expect or hope for somebody who suffered such a horrific loss.
My wife speaks with Sarah every day. We try to
keep her grounded and we care for her. She's not
in town, is that correct. That's right. She had to
leave Cincinnati. She couldn't be here anymore.

Speaker 1 (01:53):
Let's go to the ending of this, and then we'll
go back to the beginning. What happened the night of
his murder? Can he goes through the factual pattern? What
happened with Mordecai Black. There were some rumors that he
let him in. There were some rumors who's at the door.
There were some rumors what Mordecai Black was doing. Take
us to the event itself.

Speaker 2 (02:09):
Okay, I think we need to start by stating that
the Cincinnati Police Department had Black in their grasp. You know,
about twelve hours before he murdered Patrick. They encountered him
at the Higher Regency downtown. He gave a false name.
They didn't make a police report, they didn't arrest him.
That night, he went to some girlfriend's apartment just a

(02:32):
short walk from where the Harangers lived. She must be
a winner, I'm sure, right, you can only imagine. And
they had some dispute. He left. There's video of him
walking down the street carrying a large knife. He climbed
over a fence into the Haranger home. He forced open
a window. He crawled into the home. Patrick heard a noise.

(02:55):
And if you know, I mean, Patrick is a monster.
I mean the guys built like nobody's business. He's He's
a beast, right, he is a serious individual. Patrick hears
this this noise, goes downstairs. He's leapt upon by Black,
who stabs him seven times. Patrick could not have lived
from that moment. The wounds inflicted by Black were so

(03:19):
severe that his death was determined at that time. Black
then went upstairs, went into Sarah's bedroom in Sarah Patrick's bedroom,
jumped on the bed. Sarah believes that Black intended to
rape her. She started kicking him and he left, and
then he went back out on the street and was,
you know, tried to flee the scene of the of

(03:40):
the murder.

Speaker 1 (03:41):
What does Sarah do at that point? She was an
attempt at rape victim. What did she do next? Inside
the house?

Speaker 2 (03:47):
She called uh nine one one, spoke to emergency dispatch,
you know, kind of in kind of a dystopian manner,
kind of like what you expect from people in England.
The nine to one one operator went on and on
about you know, who attacked, what was their race, what
was their size? While Patrick is bleeding to death, I

(04:07):
would have sued nine to one one but for the
fact that his death was already determined, so their negligence
in handling the situation didn't lead to his death. That
being said, you know, Sarah held Patrick in her arms
while he led to death. The police showed up, and
ems showed up. They took Patrick to the hospital where

(04:30):
he died on the operating table, and Sarah was a
suspect and taken into custody by the Cincinnati Police. She
was in in the custody of the police until the
afternoon of Patrick's murder. They did not tell her that
he had died. When she was released Patrick's family, her parents.
Patrick's parents told her.

Speaker 1 (04:50):
That he had died when she was holding Patrick in
her arms. Was he in communicato at that point? They
couldn't communicate with each other.

Speaker 2 (04:58):
No, Patrick Patrick. Patrick's words were to keep fighting, and
he worried about Sarah being potentially raped or murdered by Black,
and he was urging her to defend herself even though
Black had gone but he was he was protecting her

(05:19):
until the.

Speaker 1 (05:20):
End when this event took place. As a video of
your client Sarah being let out of her own home
and handcuffs, I can't imagine the emotional torment of what
that poor woman went through for those several minutes, maybe
up to an hour, watching her husband die in her arms,
having been surviving an attempt to rape by Mordecai Black.
But why did the police arrest her?

Speaker 2 (05:42):
You know, we we engaged in a lot of pre
suit discovery through open records requests for the City of Cincinnati,
and that's not included in there. So I can only
speculate that they feared that maybe she perpetrated the murder.
Very hard to believe, you know, a poor decision on
their part. But the City of Cincinnati's police department is

(06:03):
you know, poor decisions as their mo.

Speaker 1 (06:05):
So she was locked up in a jail as her
husband was fighting for his life, died on the r
operating table, and she was locked up. I would imagine
emotional torment would be a minor description of her condition.
She must have blood all over her, her husband's blood
on her. She's handcuffed and put in a jail cell. Right, completely,

(06:27):
wildly unbelievable. Let's talk about Mordecai Black. There were numerous
times police came in contact with him and failed to act.
Line up the number of occasions going back in time,
there was an event I recall on Fountain Square where
Mordecai Black, a career criminal, almost killed a few people
on Fountains Square, beat the crap out of them. I

(06:48):
think he got ten or eleven years in jail. He
served like ninety percent of the time. Right now, give
me the history of Mordecai Black.

Speaker 2 (06:55):
Yeah, so this guy Black is you know what you
expect from what I refer to as an ultra violent person.
This is the one percent of people that commit all
the crimes, and this is the guy that the city
Cincinnati didn't even bother to track down when one of
the most violent human beings on the planet cuts off
his ankle monitor. So he started by beating some guy

(07:17):
nearly to death as you just described. I think Joe
Dieters I'd read in the paper that he contemplated that
as a hate crime against the guy that was nearly
the first murder attempt of Black's life. And so he
did serve his full sentence. I think it was nine
and a half years, and he was released and he
was on parole with an ankle monitor and required to

(07:39):
report in Yeah, right exactly, and so Black, you know,
as an ultra violent criminal psychopath, would do, cuts off
his ankle monitor. That immediately triggered an NCIC arrest warrant,
which is a national arrest warrant. And when a police
officer types in the name Mordecai Black on his computer

(08:01):
in his in his patrol car, it starts flashing red.
I mean, it comes up and it's like, arrest this
person right now. And that's what you get when you
when you search the name Mordecai Black last year. So
but Black, what happens is is he's he's, you know,
assaulting his girlfriend down the street from the Herringer residence. Uh,
she calls the police. The police show up immediately. Instead

(08:24):
of having this as a domestic violence crime, they have
it as a domestic disturbance, even though evidence suggests that
it should have been categorized as domestic violence. And what
we assert in our complaint is really that that that
that act of under under policing and underreporting crime caused

(08:45):
or was a policy that the city followed and the
police officers followed, so they didn't report it as a
domestic violence had they reported it as domestic violence, policy
within the Cincinnati Police department says, go arrest this guy,
go find him, put him in handcuffs, now, okay. And
they didn't do that. And then they also failed to
follow basic procedure, which is to associate the girlfriend's address

(09:08):
with Black, so they know that he's there when they
go to the address. It's supposed to come up on
your computer. Black, a wanted felon who's absconded from his parole,
is possibly at this residence. And they didn't associate that
address with residence in a timely manner. Then Black goes

(09:28):
and commits another burglary at another location, and the Cincinnati
Police Department has his address from ten years ago as
where they're going to go find him. The evidence that
I saw that I got through open records indicates, and
we'll see in discovery, but it indicates that the Cincinnati
Police Department never did anything to find Black. And then

(09:51):
the final incident, to answer your question, is the one
I described at the High Regency where they failed to
file the police report. Had they followed their policies and procedures,
Black would have been arrested on the spot. Patrick Herringer,
an American hero, would be alive.

Speaker 1 (10:06):
Is there any explanation as to why Mordecai Black chose
that particular residence to break into the Herringer resident any
circumstances happen to be there.

Speaker 2 (10:16):
I mean, it's it's it's down the street. I have
no idea. You know that the fact that he climbed
over a fence was captured by video on their on
their tesla, and so so why he chose to do that?
I mean, this, this is a person that really exemplifies evil,
right and why does an evil person do things.

Speaker 1 (10:36):
I watched the mayor, I watched the former chief of police,
I watched city leaders talk about the crime is down. Statistically,
we don't have as much crime. Some of the reasons
might be. When I talked to Ken Kober and other cops,
they tell me that implicitly, passively, they're told not to
pull people over. You don't check someone walking around because

(10:56):
you might find something you don't want to find. They
want they cook the books. They want to have the
crime statistics down so they can run on the fact.
So when am tab Peirival runs for governor, president, Secretary
General of the UN, he can say, when I was
in Cincinnati, crime went down twenty five percent, but in
reality crime is up. Reporting of crime is down. Explain
how the police department is culpable for not telling the

(11:20):
truth to the American people.

Speaker 2 (11:21):
Okay, so Bill, that question goes to the heart of
the matter. So I interviewed and spoke with former Cincinnati
police officers who said that it is a common practice
simply to just as I described, instead of calling it
domestic violence, call it a domestic disturbance, and to constantly
push down the crimes that are reported and that's what

(11:44):
they do. And there are as you know, there are
people who will testify to the truth of that. And
you're exactly right that politically people want to say, oh,
crime is down, it's not so violent, you know, but
the people who actually live and work in Cincinnati know
that any time that they're downtown they could be shot.
I mean people are shot in you know, the prime

(12:06):
locations of downtown Cincinnati. It's absolutely insane. And it's this
kind of a DEI mentality that led to having a
police chief like Teresa Thiji on board and have to
have purvol who is the epitome of THEI incompetence running
of historically great city like the city of Cincinnati.

Speaker 1 (12:25):
Slowly incrementally quiet quitting. By that, I mean Procter and
Gamble is transferring jobs to Mason. You quietly quit when
you go downtown without an event going on, you could
throw a bowling ball and not hit a pin anywhere
that people have figured out what's going on, the politicians don't.
Specifically what did chief of police Teresa thieves you do wrong,
and that you're going to discover through your complaints specifically

(12:48):
what did she do wrong?

Speaker 2 (12:50):
She implemented the policy of under reporting and under policing.
And I think that the testimony will show that people
that that was, in fact, although not a written policy,
that that was the policy. You know. The amazing thing
to me is that Sarah and I, after Sarah blew
up social media, forced pervol and Thiji to to invite

(13:15):
her in to meet with her, forced her to do
that because of the national outcry created by Patrick's murder.
Then Fiji doesn't even know that there was an NCIC
arrest warrant. I sat right in front of her and
she said, we didn't even know that there was a
warrant for his arrest.

Speaker 3 (13:30):
How's that possible?

Speaker 2 (13:31):
It's not, It's it's incredibly insanely, wildly false. And and
for her to not know that as a chief of police,
having prepared for a meeting with a woman whose husband
was just brutally murdered and showing up with with either
I don't know my opinion, either an intentional why or

(13:52):
an amazing level of incompetence is shocking. And people in
Ohio and then Cincinnati need to understand how terrible their
leadership has been.

Speaker 1 (14:02):
A cop told me there's at least ten thousand warns
in the city of Cincinnati unserved, ten thousand is out
a load, so we have you know, this is one
to two percent of the population causing ninety percent of
the problems. I've said often that the face of crime
and Cincinnati is a black male face young. However, the
great majority of black young males do not commit crime.
It's a small subset of the individuals of which Mordecai

(14:24):
Black was the apostle of Dei because he was treated differently.
As far as the changes that have to take place,
I have little I have no hope that this is
gonna change. I have no hope that Puerival and Cheryl,
Cheryl Long, for God's sakes, is going to have a
light going in their head saying we need aggressive legal policing.
We're gonna start enforcing traffic laws. We're gonna pull people

(14:47):
over for red light stop, signed lane changes to find
who they are and what they're doing. And right now,
every evening there's four to five cops standing around Fountain
Square walking around with a mobile command unit, just doing
literally nothing until the next shooting takes place. Instead of
getting a handful of warrants go find people. It used

(15:07):
to be under striker, you take a five to six
warrants in each ship. We got to find these five
or six guys. After six months, you got arrest a
few hundred people who should be off the streets.

Speaker 3 (15:16):
That doesn't happen today. So what do you want to see?
Change is there? I have no hope it's going to happen.

Speaker 1 (15:21):
Because pure of all and share along, I'm going to say,
you know what, we got to start enforcing the law.

Speaker 3 (15:25):
I don't see that happening, do you.

Speaker 2 (15:27):
No, No, I don't see that happening. I you know,
somebody emailed me yesterday and said, I've got all these
videos of Cincinnati police officers just sitting idly in their
car for hours doing nothing right. They could have arrested black,
but the policy, the custom, the practice of the city
was not to do that. You've identified the problem exactly.
How is this going to change? If a federal judge

(15:48):
allows me to take this case to trial, I will
bankrupt the city of Cincinnati, and that will force change,
and that's what we need. You know, lawsuits have a purpose,
and lawsuits create change. For whatever reason, the voters in
Cincinnati continue to elect totally incompetent DEI people and allow
people heroes, you know, like Patrick Herringer to be murdered.

(16:11):
They allow that, and that's got to change. And the
only thing that can change that is a devastating lawsuit
that forces the city into bankruptcy in.

Speaker 1 (16:20):
A lot of time under forty two Usc. Nineteen eighty three,
which is deprivation of civil rights. So obviously this happened.
But what is the hurdle of qualified immunity that you
had when a cop and a city manager and a
mayor and a city council are completely incompetent, but it
doesn't immunity. Is that a barrier to the lawsuit? Yeah,
it's an absolute barrier. I mean it's a challenge.

Speaker 2 (16:41):
I think that we in good faith pled in the
lawsuit sufficient facts to get past the motion to dismiss.
We allege that the city had a custom and practice
of underreporting and under policing, and that that custom and
practice was, as they say in the case law, the
moving force behind Patrick's deprivation of his life, liberty, and

(17:01):
property his murder by black And I think that it's
a viable and decent claim that it can be brought
cities as defendants don't have qualified immunity the police offers
officers do. And what I need to prove to hold
the police officers liable is that they acted recklessly. And
that gets me past the qualified immunity. I stated facts

(17:23):
and the complaint that assert recklessness, and I've described those
facts to you about under reporting, under policing, not filing
a police report. I mean, these things are the direct
and proximate cause of Patrick's murder.

Speaker 1 (17:36):
You suit a couple of cops individually, but not Fiji.
Why not sue Thiji directly?

Speaker 2 (17:41):
Well, I think that Fiji was not on the scene.
I think that suing her really is the same as
suing the city. I mean, she's certainly going to be
a focus of the incompetence and the dei nature of
the City of Cincinnati in this lawsuit. But you know, basically,
being incompetent does not make you a defendant. She didn't

(18:03):
encounter black and so she's not a defendant.

Speaker 1 (18:05):
Hi, Tom mcmercury, the attorney for the Herringer family, and Sarah,
My best wish is to I hope you get over
fifty real fifty six. I hope you get over it
and put it on and then the city's going to
be shown to be completely incompetent, and maybe it'll change.
I have little hope, but all I have in life
is open Todd Once again, thanks for coming on the
Bill Cunningham Show. Thank you, Bill, Good luck to you,

(18:25):
God bless you. Let's continue with more news. Next to
my comments on news radio seven hundred WLW, you're one.

Speaker 2 (18:31):
Stop for advertising. Call eight four four eight four four. iHeart.
Getting a little older doesn't have to mean well

Bill Cunningham News

Advertise With Us

Popular Podcasts

Dolly Parton's America

Dolly Parton's America

In this intensely divided moment, one of the few things everyone still seems to agree on is Dolly Parton—but why? That simple question leads to a deeply personal, historical, and musical rethinking of one of America’s great icons. Join us for a 9-episode journey into the Dollyverse. Hosted by Jad Abumrad. Produced and reported by Shima Oliaee. Dolly Parton’s America is a production from OSM Audio and WNYC Studios.

Stuff You Should Know

Stuff You Should Know

If you've ever wanted to know about champagne, satanism, the Stonewall Uprising, chaos theory, LSD, El Nino, true crime and Rosa Parks, then look no further. Josh and Chuck have you covered.

Dateline NBC

Dateline NBC

Current and classic episodes, featuring compelling true-crime mysteries, powerful documentaries and in-depth investigations. Follow now to get the latest episodes of Dateline NBC completely free, or subscribe to Dateline Premium for ad-free listening and exclusive bonus content: DatelinePremium.com

Music, radio and podcasts, all free. Listen online or download the iHeart App.

Connect

© 2026 iHeartMedia, Inc.

  • Help
  • Privacy Policy
  • Terms of Use
  • AdChoicesAd Choices