AKRON, Ohio — The Akron police officer who was fired after a pair of use-of-force investigations while on leave for shooting a teen will waive a hearing before Mayor Shammas Malik and take his case to arbitration.
Ryan Westlake was fired by the Akron Police Department on May 6. Through the Fraternal Order of Police Lodge 7 Collective Bargaining Agreement, Westlake would have been able to appeal his termination directly to Malik.
"Yes, we will be skipping the Mayor's hearing and taking the matter to arbitration, which is the process for the collective bargaining agreement," Brian Lucey, president of the Akron police union, told 3News' Lynna Lai on Thursday.
The first of the two incidents that led to Westlake's firing happened on Dec. 31, 2023, as Akron police officers were attempting to arrest Frank Winn, whom officials say "had felony warrants and was known to be armed and violent."
Once Winn was detained, Akron police say Westlake rested the barrel of his rifle on the back of Winn's head and neck and ordered him to put his hands behind his head. Police also noted that Westlake then grabbed Winn by his hair twists and turned his head.
On April 9, just eight days after the shooting involving the teen, Westlake was charged with Conduct Unbecoming of an Akron Police Officer and violating the Akron Police Division Resisting Arrest/Use of Force Procedure for his actions on Dec. 31.
The second use of force incident involving Westlake happened on March 1, 2024, as he was attempting to arrest a female suspect accused of theft at a convenience store. In its initial review, Akron police noted that Westlake made repeated attempts to get the suspect to put her hands behind her back, but she refused and pulled away until he was finally able to get her in handcuffs. It took approximately one minute for Westlake to lead the suspect out out of the store and about 35 feet across the street as she continued to yell at him.
As Westlake tried to put the suspect in his car, surveillance camera footage seemed to show him throwing her to the ground. However, the initial reviewer determined that Westlake lost control of the suspect after she lost her balance.
On April 16, the Akron Police Department's Office of Professional Standards and Accountability ruled that Westlake's use of force in the incident on March 1 to be "not objectively reasonable." Nine days later, Westlake was again charged with Conduct Unbecoming of an Akron Police Officer and violating the Akron Police Division Resisting Arrest/Use of Force Procedure.
The decision to terminate Westlake by Akron police on May 2 came on the same day that the Summit County Prosecutor's Office announced that charges against the 15-year-old that Westlake shot on April 1 had been dropped. A complaint was previously filed against Tavion Koonce-Williams for carrying a fake gun at the time of his shooting.
"Pursuing charges at this time against Mr. Koonce-Williams could undermine the independence of BCI's investigation," Summit County Prosecutor Elliot Kolkovich said in a statement. "Charging decisions should only be made after the completion of a thorough review of the incident by independent investigators."
The incident on April 1 in the Goodyear Heights neighborhood began with a woman calling authorities and claiming a teen was pointing a gun at homes near the intersection of Tonawanda Avenue and Newton Street. The teen, later identified as Koonce-Williams, was spotted by Officer Westlake near the intersection of Brittain Road and Ottawa Avenue.
Body camera video released a week after the shooting revealed that Westlake asked Koonce-Williams to see his hands as the officer was exiting his car. Then you hear a gunshot as the teen is struck in the hand.
Video shows the teen repeatedly shouts, "It's fake! It's fake!" Once on the ground with police around him, you can hear him saying, "It's a fake gun, I promise." He was taken to the hospital with a non-life-threatening injury.
You can see the body camera footage in the player below.
Following the shooting, Akron police announced that the gun the teen had allegedly been carrying was a "facsimile." The fake gun was photographed and turned over to the Ohio Bureau of Criminal Investigation, the agency probing the shooting.
Once BCI completes their investigation, the case will be turned over to the Ohio Attorney General's office for review before being submitted to the Summit County Grand Jury for evaluation.
Previous Reporting:
- Akron Police Department fires Officer Ryan Westlake, on leave for shooting teen, for unrelated use of force incidents
- Akron police shooting: Charge dropped against teen who was shot by officer while carrying fake gun
- Akron police release body camera footage of officer shooting teen suspect; also release officer's personnel file
- Akron Mayor Shammas Malik issues statement after 15-year-old shot by officer; police say teen was armed with 'facsimile firearm'
