CANTON, Ohio — The Canton Police Department says it has completed its internal review into the incident involving Officer Brandon Momirov kicking 21-year-old Jaemiier McElroy while McElroy was kneeling on the ground with his hands in the air last month.
In a release issued on Wednesday afternoon, the department says that Momirov violated the department's use-of-force policy. Per a collective bargaining agreement, the case is being forwarded to the city's director of public safety for a disciplinary hearing. There is no word yet on when that hearing will take place.
“The conduct under review is unacceptable and does not reflect our training, our principles, or our mission," Canton Police Chief John Gabbard said in a statement. "Those who know me or have an understanding of my career know that I am absolutely committed to serving the Canton community and those who protect it. Mistakes like this effect every officer, making a very difficult job even harder."
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.
Last week, 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."
A spokesman for the Canton Police Department told 3News last week that "Officer Momirov is currently working in a restricted capacity. The incident is under review."
Bobby DiCello, who is serving as McElroy's attorney, watched the released body camera footage with 3News' Matt Rascon last week.
"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 last week's release of the body camera footage, the incident was captured on video and shared on social media. Gabbard confirmed the veracity of the video.
3News' Tyler Carey, Matt Rascon, and Kaitor Kay contributed to this report
Previous Reporting:
- 'You gotta comply': Canton police release body camera footage of officer kicking suspect, attorney reacts
- Canton city officials respond to viral video of officer kicking suspect; police department says officer working on 'restricted capacity'
- Social media video shows Canton officer kicking suspect who was on ground, police chief responds