Cell phone video from Aug. 24 taken at the Mahoning Manor on Morris Avenue in Canton shows a disturbing picture.
It began when police received a 911 call reporting people fighting and arguing outside. Officers arrived on scene and began giving orders, including for 21-year-old Jaemiier McElroy.
According to officials, Jaemiier McElroy appeared to comply with those orders. He was on his knees with his hands in the air when Officer Brandon Momirov ran up and kicked him in the upper chest. On Tuesday, his attorney — Bobby DiCello — spoke with 3News.
"Jaemiier realizes this, and as he's realizing that, he sees a shadow coming from behind the light, and it kicks him right in the head, under the neck side of the head and across the chest," DiCello said, describing what he says happened to his client. "It throttles him into the ground, where he bashes his head against the ground. Another officer gets on top of him.
"At this point, all the other ... young men are gathered on the ground, not moving. He has no weapons on him, he has made no threats towards anyone.
Diciello was the one who released the video to WKYC, after the footage had already made the rounds on social media. He says the footage "speaks for itself."
"Look, it's shocking, you know? He is on the ground, on his knees, with his hands in the air," DiCello explained. "That's the universal signal for, 'I'm here. I give up. Whatever you need. Yes, sir.' You take whatever meaning from that you will. You will not take the meaning of resisting arrest; which is what they charged him with."
McElroy and two others were arrested, and Canton police say two handguns were recovered from the scene, along with a backpack containing "a large amount of marijuana, currency, and scales" from a nearby vehicle. Momirov's actions are currently under review.
"In short, how we do our job is as important as the results of our efforts," Police Chief John Gabbard said in a statement Monday. "Officers using force outside the parameters of our training, policy and principles will be held accountable."
But it is the fact that McElroy appears to be complying — something the department even says — that really bothers Diciello.
"If an officer puts themselves in a life-and-death situation where they cannot know what's going on around them — if they choose that tactic, if they choose that step — they don't get the benefit of saying they acted reasonably," DiCello said. "And that's what the law really asks, 'Are you acting reasonably in your use of force?'"
3News is awaiting body camera footage from the Aug. 24 incident.