CANTON, Ohio — The Canton Police Department has released body camera footage capturing the events surrounding Officer Brandon Momirov kicking 21-year-old Jaemiier McElroy while he was kneeling on the ground with his hands in the air last weekend.
In a press release issued Monday afternoon, police said the incident occurred Saturday night near the Mahoning Manor apartment complex on Morris Avenue NE. 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.
A spokesman for the Canton Police Department tells 3News that "Officer Momirov is currently working in a restricted capacity. The incident is under review."
The newly released video includes the body camera 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. I could use more units," he says.
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.
The moment surprises the others on the ground and it surprised McElroy's attorney Bobby DiCello. 3News' Matt Rascon was with DiCello when he watched the body cam video for the first time and heard the officer’s explanation.
"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."
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."
"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 said. "When law enforcement fails to see us as human beings anything is possible. Anything."
McElroy has since been charged with obstruction and resisting arrest, despite authorities saying he was complying with officers' orders.
Prior to Thursday's release of the body camera footage, the incident was captured on video and shared on social media. Canton Police Chief John Gabbard confirmed the veracity of the video.
REACTION TO THE VIDEO
Canton Mayor William Sherer II
"We fully understand the community is looking for answers and the want for immediate action be taken, however, there are protocols in place that must be followed. I want to reiterate that the behavior seen in the video is unacceptable. This behavior will not be tolerated. It is unfortunate that we continue to have these occurrences arise that reflect on our entire police department. With that being said, I support our police chief and understand we must follow the process that is in place in order to do better moving forward."
Canton NAACP President Hector McDaniel
"I am always alarmed and even to some degree, there are times just shocked. I'm going to say I was also greatly disappointed in policing in the community.
"Solutions for us are going to center around an oversight committee and or a board that we believe can bring assistance in terms of bringing policing in line with the written mission and goals that it already has. It is about making sure that policing does not drift too far to the left. We believe that that's what's occurred here in Stark County, specifically in Canton.”
3News' Tyler Carey, Kaitor Kay, and Lynna Lai contributed to this story
Previous Reporting:
- Canton city officials respond to viral video of officer kicking suspect; police department says officer working on 'restricted capacity'
- 'It's shocking': Attorney for man seen on video being kicked by Canton police officer speaks to 3News
- Social media video shows Canton officer kicking suspect who was on ground, police chief responds