CANTON, Ohio — Almost a month after video captured Canton police detective Brandon Momirov kicking 21-year-old Jaemiier McElroy while McElroy was kneeling on the ground with his hands in the air, the city of Canton has announced Momirov's termination.
According to Canton Director of Public Safety Andrea Perry, Momirov was found to have violated the Canton Police Department's Use of Force regulations.
"Today, Detective Brandon Momirov’s employment with the Canton Police Department was terminated," said Canton Mayor William Sherer in a statement released on Monday evening. "As I’ve stated before, the behavior seen in the video we all saw was unacceptable. While I respect our officers who put their lives on the line each day to protect this community, that respect comes with much responsibility and commitment; a commitment to be held to the utmost level of professionalism regardless of the circumstances. I support the decision made today by Director of Public Safety Andrea Perry and will continue to entrust the vision of Police Chief John Gabbard as we forge a path to keep Canton moving forward.”
CASE DETAILS
Police said the incident occurred on the night of Aug. 24 near the Mahoning Manor apartment complex on Morris Avenue Northeast. Officers were called to the area after someone reported an argument involving 10-15 people, and authorities say "multiple" individuals fled once law enforcement arrived, however others were located and ordered to the ground.
One of those suspects was McElroy, whom the department admits "appeared to be complying" before being kicked. McElroy and two other men were arrested, with police saying two handguns and a backpack containing "a large amount of marijuana" were recovered from the scene. It is not clear just who possessed these items.
Five days after the incident, police released body camera video from two different officers, including Momirov. Following a brief chase after a suspect accused of carrying a gun, an officer comes across McElroy and four others in a parking lot. The officer shouts for them to stop walking, then calls for backup over his radio.
"I got five at gunpoint in this parking lot not really complying," he says. "I could use more units."
That request prompts Momirov to begin running to the area. By the time he arrives, body camera video shows four of the men are already lying on the ground. McElroy is on his knees with his hands up when Momirov runs right for him and kicks him.
After Momirov makes contact, he turns toward the other suspects and says, "you gotta comply."
"Why you hit my brother like that, bro?" one of the men on the ground asks.
"Because he's not complying," Momirov responds.
After the suspects are placed in handcuffs, Momirov is again questioned about why he kicked McElroy.
"How many times did I tell you to get on the ground?" Momirov replies.
"You guys don't want to listen, that's fine," another officer tells the suspects. "Then don't be surprised when we put our hands on you."
FINDINGS OF THE INVESTIGATION
Perry convened a pre-disciplinary hearing for Momirov on Sept. 13 with city representatives and police union officials present.
According to Perry, "various commands to subjects to either 'get on the ground' or 'get on your knees' were being given by the officers on scene. Detective Momirov appears during the midst of all this and kicks one of the subjects, Jaemir McElroy in the chest as he is in the process of complying with the officers' commands."
"Detective Momirov did not attempt to use de-escalation tactics. While the scene did appear to be chaotic at times, officers are trained to utilize restraint and control. Detective Momirov's actions are completely outside the realm of his training and the policies of the City of Canton. While commands were being given, he did not personally provide verbal commands prior to kicking said subject with his foot to gain compliance," she added.
Perry noted that Momirov was serving his second stint with the Canton Police Department, having previously worked from June 2020 to July 2021. He returned to the department in June of 2022 and had been assigned to Canton police's Coordinated Response Team (CRT). He had previously received a written reprimand in 2023 for violating the department's rules for "processing property and evidence," plus an additional one in 2024 in the category of "vehicle pursuits."
"Based on the information presented at the hearing, Officer Momirov's employment with the City of Canton is terminated effective immediately," she wrote in her final report issued on Monday.
PREVIOUS REACTION TO VIDEO
Bobby DiCello, who is serving as McElroy's attorney, watched the released body camera footage with 3News' Matt Rascon after it was released.
"This is disgusting. This is disgusting," said DiCello, adding that the scene represents a failure in leadership. "What I just saw was renegade, rogue, gang-style policing."
McElroy has since been charged with obstruction and resisting arrest, despite authorities saying he was complying with officers' orders.
"There's a double standard in law enforcement. That’s what this shows me. We have one, two, three, four African American young men who are standing by a car and they call that resisting," DiCello added. "When law enforcement fails to see us as human beings anything is possible. Anything."
Prior to release of the body camera footage by Canton police, the incident was captured on video and shared on social media. Gabbard confirmed the veracity of the video.
CITY COUNCIL MEETING ENDS IN CHAOS
Meanwhile, Canton City Council welcomed Stark County Prosecuting Attorney Frank Stone to Monday's meeting to discuss the ongoing investigations into two other controversial police use-of-force cases: the fatal police shooting of Zachary Fornash and the in-custody death of Frank Tyson that has since been ruled a homicide. The discussion had been scheduled before news of Momirov's firing became public.
However, the meeting adjourned after just 20 minutes following several tense moments, including a verbal confrontation between a resident and Council President Kristen Bates Aylward.
During his public comments before legislators, the resident accused Aylward of cutting off his remarks, yelling to her, "Shut your mouth, you're interrupting me." Following more back-and-forth, Aylward declared that the speaker was "done" and ordered him to stop talking, prompting anger from others inside Council chambers.
The meeting was briefly stopped for a recess, but frustrations grew after the resident in question was confronted by a police officer. Another man in attendance then began to yell at the officer as others put their hands up yelling "Don't shoot!" before chanting "No justice, no peace!" Aylward eventually ended the meeting altogether.
These spats followed more stress while Stone spoke, with some accusing him of mishandling the Fornash and Tyson cases. Stone pledged to bring both matters before a grand jury "soon," but did not provide a definitive timeline.
As some in the gallery expressed displeasure with Stone before he began to speak, Aylward admonished them.
"That's it, now I've had it," she declared. "Act like adults.
3News' Tyler Carey, Matt Rascon, and Kaitor Kay contributed to this report
Previous Reporting:
- 'An adult knows not to kick somebody': Canton residents speak out following another police use-of-force incident
- Canton police officer who kicked suspect violated department's use of force policy, according to internal review
- 'You gotta comply': Canton police release body camera footage of officer kicking suspect, attorney reacts
- Social media video shows Canton officer kicking suspect who was on ground, police chief responds