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Magic Flash Complaint
Magic Flash Complaint
BYRD
CUYAHOGA COUNTY CLERK OF COURTS
1200 Ontario Street
Cleveland, Ohio 44113
vs.
Judge: JENNIFER O DONNELL
DOVER VILLAGE WESTLAKE, LLC, ET AL.
Pages Filed: 9
Relator-Plaintiff,
v.
Statutory Agent
-and-
KHALED ASKAR
26912 Center Ridge Road
Westlake, Ohio 44145
Respondents-Defendants.
PARTIES/GENERAL ALLEGATIONS
1. This Complaint concerns enforcement of the Ohio Revised Code (“O.R.C.”) Chapter
3767 et seq., other Revised Code provisions, and Ohio Common Law.
Prosecuting Attorney for the City of Westlake, Ohio and is a party charged at both
common law and by R.C. §3767.03 with the prevention, prosecution, and abatement of
any public nuisance within the City of Westlake, Cuyahoga County, Ohio.
or about 26912 Center Ridge Road, part of Permanent Parcel No. 213-16-033, situated in
owner of the Premises by virtue of a deed, County Fiscal Office Document No,
5. Respondents-Defendant Khaled Askar owns the business known as “Magic Flash” and
occupies the Premises as a tenant and/or has exerted operation, care and control over it,
6. On September 25, 2022, Crime Stoppers of Cuyahoga County received a tip, alleging
that “marijuana and psychedelic drugs” were being sold at Magic Flash by the business
7. The caller stated that Askar is “known to sell drugs to underage buyers and he keeps the
8. On October 25, 2022, the Westlake Police Department received a call from a parent in
Brunswick, Ohio, alleging that their 17 year old daughter was able to purchase alcohol at
9. On November 23, 2022, Westlake Police Officers conducted a traffic detail in the area of
Center Ridge Road and Dover Center Road to address complaints of Magic Flash selling
10. While conducting the traffic detail, officers encountered multiple juveniles in possession
of vapes and other tobacco products. Officers stopped a vehicle for speeding on Center
P.H. age 17, and the passenger, K.M, age 18, K,M, admitted to having a vape on his
person and turned it over to officers voluntarily. K.M. then consented to a search of his
person, in which the officer discovered a vape cartridge which he admitted contained
THC. Both P.H. and K.M. reported purchasing the vapes at Magic Flash in Westlake.
Later, another Westlake Police Officer was patrolling the area when he made a traffic
stop of a vehicle exiting the Magic Flash parking lot. The officer smelled raw and burnt
marijuana coming from the vehicle. In speaking with the parties of the vehicle, they
stated to the officer that they were coming from Magic Flash, where one of the juvenile
passengers purchased a pipe and a THC vape. Officers confiscated a glass pipe,
11. Also on November 23, 2022, Officers went to Magic Flash to interview employees
working at the store after several traffic stops earlier in the day were made of patrons
leaving the store. Officers spoke with Magic Flash employee Erion Dauti, who gave
consent to search the store and remove all items that were determined to be illegal. The
items confiscated by officers include but are not limited to: eight sealed baggies of
12. The Westlake Police Department received numerous similar complaints involving Magic
13. On February 1, 2023, a citizen filed a report with the Westlake Police Department stating
that her 17 year old daughter was able to purchase tobacco products and possibly CBD
to be a vehicle of underage persons leaving Magic Flash. The operator and juvenile
15. Again, on February 2, 2023, officers observed another vehicle exiting the Magic Flash
parking lot and made a traffic stop. During the stop, officers observed two tobacco
vapes in plain view near the gear shifter. The juvenile driver told officers he purchased
16. After concluding the second traffic stop on February 2, 2023, officers went to the Magic
Flash store to interview employees. They interviewed employee Elias Poulos who stated
he was at the store by himself and that the owner, Khaled Askar, had just left. Police
asked Poulos to call Askar and ask him to come back to the store. When Askar arrived
back at the store, he was shown a photo of the juvenile the police had just stopped and
asked whether he sold the juvenile tobacco. Askar admitted to selling tobacco products
to the underage male without asking to see I.D. before completing the sale. Officers then
placed Askar under arrest for selling tobacco products to an underage person. (Rocky
River Municipal Court, Case No. 23 CRB 0173; Case No. 23 CRB 0272).
17. On February 21, 2023, a Westlake Police Officer took a report from Aaron Aune in the
police department lobby in reference to a theft complaint. Mr. Aune reported his wallet
stolen from an unsecured cubicle the Westlake Recreation Center. Aune had received a
notification while at the recreation center that his credit card was used to make a $169.00
purchase at Magic Flash. Aune had visited Magic Flash and viewed still photos that an
employee provided of the man who used his credit card. The male in question appears to
be a juvenile. The suspect was later identified using security footage from the
reporting that Magic Flash sells “drugs (pot and maybe more) to anyone who knows the
19. On March 4, 2023, after receiving multiple complaints about the sale of tobacco products
to minors, Westlake Police assigned special attention to the Magic Flash store to provide
20. On June 15, 2023, Crime Stoppers of Cuyahoga County received a tip that the owner of
Magic Flash convenience store in Westlake, Ohio has minors contact him through the
Snapchat App (usernames: mflash2022; Mflash707) in order to facilitate the sale of vape
cartridges containing nicotine. According to the tip, on June 14, 2023, Magic Flash
posted a story and listed the many cities in Northeast Ohio where minors can find him to
buy nicotine products. The story post said they accept cash, CashApp, Venmo, or
21. On July 18, 2023, Westlake Police received a complaint from a Bay Village parent that
“teens are using the telegraph app. to pre-order marijuana products and other drugs”
§3767.01 and/or R.C. §3767.12 {et seq.), and under Ohio Common Law, subject to
23. Relator-Plaintiff asserts that the Premises herein is generally reputed to be kept,
conducted, and maintained for the purposes of committing violations of Ohio Revised
Code, including Chapter 2925, Section 2927.02 and the Westlake Codified Ordinances
activity.
abatement in accordance with O.R.C, 3767.01 (et seq,\ for having a structure in
violation of the laws pertaining to illegal drugs and illegal sale of tobacco (including
violations of O.R.C. Chapter 2925, O.R.C, Section 2927.02, W.C.O. Section 537.16,
etc.); such operations, and criminal activity at the Premises, substantially interferes with
the area’s public decency, sobriety, peace, safety, welfare, and good order.
25. Respondents-Defendants own fixtures, furniture, and moveable property that have been
used or are currently being used in conducting, maintaining, and facilitating said public
nuisance.
26. Respondents-Defendants at all times relevant to this action maintained a public nuisance
threatening the health, safety, and welfare of the residents of the City of Westlake.
their actual and constructive knowledge of the nuisance, as well as the well-known
general reputation of the Premises, which is prima-facie evidence of the nuisance and of
1. Per R.C, §3767 and Ohio Civ.R. 65(B)(1), that the court set a preliminary injunction
2. That after hearing, the Court grant a preliminary injunction enjoining Respondents-
§3767.01 and/or R.C. §3767.12 (et seq.), W.C.O. §537.16, and under common law, as
alleged herein.
nuisance as defined in R.C. §3767.01 and/or R.C. §3767.12 (et seq.\ W.C.O. §537.16,
5. In accordance with this Complaint and Revised Code Chapter 3767, that all Respondents-
Defendants, and any heirs, successors in interest or title, transferees and/or assigns be
6. In accordance with this Complaint and Revised Code Chapter 3767, that all Respondents-
in any way permitting the use of a public nuisance anywhere in Cuyahoga County, Ohio
7. On final judgment, the Chief of Police of Westlake, Ohio, be ordered to sell the furniture,
fixtures, and moveable property identified herein in the manner provided for the sale of
chattels under execution, and effectually close the entire Premises against its use for a
one year period per Civ.R. 65 and R.C. Chapter 3767 el seq.
9. This Court appoint a receiver, if needed, pursuant to Chapter 2735 of the Ohio Revised
Code.
Defendants.
(b) attorneys’ fees and costs and expenses of this action; and
(c) all such further equitable and other relief this Court determines Relator
Plaintiff to be entitled.
Respectfully submitted,
Co wisel'for Re lator-Plaintiff
City of Westlake, Ohio
City of Westlake Law Director and Prosecuting Attorney, Michael P. Maloney, being first
duly sworn, states that he brings suit on behalf of the State of Ohio on relation thereof, that he has
drafted and read this Complaint and that all allegations and representations made in this Complaint
are true and accurate to the best of his knowledge, information and belief.
MICHAE