The Akron police auditor’s latest release of completed use-of-force reports once again raises concerns that officers are punching people, including teens, too frequently.
Anthony Finnell, who reviews use-of-force incidents and offers policy recommendations, discussed five reviews during the Citizens’ Police Oversight Board meeting Wednesday. In two, he did not concur with the police department’s internal reviews, which called the uses of force “objectively reasonable.”
Finnell has repeatedly raised concerns that Akron police officers are too quickly resorting to head strikes, which he said can be fatal, rather than using other techniques to de-escalate tense circumstances. He’s also called for an overhaul of the department’s use-of-force policy.
In one report released Wednesday, an officer held an individual by his hair and struck him in the head five times during an arrest.
“While the officers faced a subject exhibiting erratic and non-compliant behavior, the quantity and type of force used—particularly the facial strikes—raise legitimate concerns about proportionality and necessity under both constitutional and best practice frameworks,” Finnell wrote in the report. “There was not an imminent threat to the officer's safety identified or articulated in the reporting documentation.”
In another incident, officers stopped a juvenile who was walking with his hand in his pocket because they thought he was carrying a gun. The teen resisted officers and they eventually took him to the ground and punched his head several times.
“Officers cited ambiguous behavioral indicators - hand in pocket, changing direction, and wearing a hood as suspicious,” Finnell wrote in the report. “Placing one's hands in their pockets and wearing a hood can be reasonably interpreted as efforts to keep warm on a day when the mean temperature was 42 degrees Fahrenheit.”
The teen did not have a weapon. He was carrying marijuana, a “low-level offense,” Finnell noted in his report.
Last week, Akron City Council approved a request for proposals to hire consultants to conduct a policy review.
“Greater adherence to de-escalation and more cautious use of high-risk force options are essential for ensuring both public trust and officer safety,” Finnell wrote in the report.
Finnell’s reports were approved by oversight board members Wednesday night. They will now be submitted to Police Chief Brian Harding and Mayor Shammas Malik for review.
What happened in each incident?
The first incident occurred in February. Two officers, Dylan Carmany and Caleb Bodjanac, observed an individual yelling and flailing his arms while walking in traffic.
Officers approached the man, who is not named in the report. He attempted to walk away and refused to provide identification, according to the report.
Officers “physically engaged to prevent his departure,” which resulted in a takedown. During this, Carmany held him by his hair and punched him five times in the face. Bodjanac struck him three times in the knee and deployed his Taser.
“There was no imminent threat. He didn’t have a weapon," Finnell said during Wednesday's meeting. "There was no serious crime that had been committed that would justify that serious level of force.”
Finnell added that the the punches were excessive because the individual was already pinned to the ground.
“His head was basically forced down, so when the punches were delivered, his head could not even be moved to release some of that force," Finnell said. "All of that force was compressed to his head.”
All of the uses of force except the punches - including the knee strikes and Taser - were objectively reasonable under the Graham standard, a legal framework used to determine excessive force, because the suspect was resisting, Finnell said.
“Ultimately the use of the Taser proved to be effective in gaining compliance with officer's commands,” Finnell wrote. “The use of some force was lawful under Graham due to active resistance.”
After the arrest, Carmany was reported to have said “That’s kind of gay, man,” which Finnell wrote was unprofessional and “warranted supervisory counseling.” In Finnell's report, it is not clear what the comment was referring to.
In the second incident, officers from the street narcotics unit approached a teen who was walking on the sidewalk with one hand in his jacket pocket in March.
“Officers claimed that his posture, directional change, and apparent avoidance behavior suggested that he might be armed,” Finnell wrote.
They exited their unmarked cars and approached the juvenile, who is not named in the report. He attempted to run away and the officers chased him about 25 feet before tackling him to the ground, Finnell wrote.
Det. Jeffery Woolley punched him three times on the ground, and the teen was treated for minor facial injuries, according to the report.
“National best practices urge extreme caution when applying force to a juvenile's head,” Finnell wrote. “The risk of serious injury is high, and the proportionality questionable given the number of officers and the actual resistance level.”
Additionally, Finnell wrote that the juvenile’s hands and fists were pinned to the ground when Woolley struck him.
“Body-worn footage and interviews confirm the juvenile's hands were restrained or pinned, raising questions about his ability to comply,” Finnell wrote. “Head strikes under these conditions are inconsistent with constitutional standards and APD policy.”
In his recommendations, Finnell recommended changes to the police department’s use-of-force policy, including banning head strikes on minors unless there is a clear and immediate threat of deadly force.
He also disagreed that officers had reason to believe the juvenile had a gun.
“There is no indication by the way his pockets appear that it would lead a reasonable person to believe he is carrying a heavy object, such as a gun,” Finnell wrote.
Finnell also pointed out that Woolley failed to activate his body-worn camera before making contact with the juvenile.
Finnell requested that Woolley and the other officers involved be disciplined.
“The CPOB also requests APD to initiate an investigation into the BWC policy violation for failing to activate BWC before engagement by Det. Woolley, and also for other officers on scene who deactivated their BWC prematurely and take appropriate disciplinary action,” Finnell wrote.
Finnell added he has reviewed 35 total incidents since the board's previous meeting last month and concurred with - and had no recommendations for - 30 of them. In the remaining five, which he discussed during Wednesday's meeting, he concurred with three, but had policy recommendations for the department.
This is not the first report that addresses a use of force on a teen. In April, Finnell released his review of an incident in which a school resource officer punched a teen who refused to go through a metal detector at Firestone Community Learning Center.
While Finnell said the force was reasonable, he recommended the police department revise its head strikes policy.
Last year, former Officer Ryan Westlake shot a 15-year-old in the hand who was carrying a fake gun. Westlake was later fired for prior offenses.
