AKRON, Ohio — The Akron Police Department has completed its internal investigation into the June 2022 fatal shooting of Jayland Walker by eight officers.
In a three-page executive summary released on Tuesday, Akron Police Chief Steve Mylett stated that the officers' use of deadly force "was objectively reasonable" and the officers complied with the department's use of force policy in the shooting of Walker.
Though Walker — a Black man — was later found to have fired a weapon out of his car during the chase, he was not armed at the time of his death, and an autopsy eventually confirmed he had been hit by more than 40 police bullets. The incident and subsequent release of the body camera footage caused an uproar in the community, leading to mass protests and a successful ballot initiative calling for a civilian oversight board of the police department.
Mylett's conclusion was similar to the "no bill" decision that was issued by a Summit County grand jury earlier this year. Ohio Attorney General Dave Yost stated at the time that jurors felt the officers' use of deadly force against Walker was justified by state law. "There is no doubt that Jayland Walker did indeed shoot at police officers," Yost added.
The internal investigation, led by Akron police Lt. Scott Lietke, did uncover several potential violations of department policy. For instance, one officer had added an extension to his department-issued magazine (increased capacity up to 6 additional rounds) on the night of the shooting and inadvertently had two rounds of “training” ammunition in his magazine.
In addition, two patrol cruisers entered the vehicle pursuit of Walker without specific authorization from their on-duty supervisor. Additionally, two officers in one of those cruisers failed to immediately activate their body cameras in accordance with the APD pursuit policy.
In all instances, Mylett said the officers involved did not intentionally violate department policy.
Mylett also addressed several other use-of-force incidents during the night of Walker's shooting. He noted than an officer made the decision to use his patrol car’s push bumpers to attempt to close Walker's driver’s side door and trap him in his car. Mylett said the officer's action was "reasonable."
After Walker exited his vehicle, and in the course of a foot pursuit, two officers deployed their tasers in order to take Walker into custody. While the effort failed, Mylett again concluded that the use of the weapon was within department policy.
"Once Mr. Walker discharged his weapon from his vehicle at or in the direction or in the presence of the pursuing officers, the dynamic of the routine traffic stop dramatically changed from a routine traffic stop to a significant public safety and officer safety issue," Mylett wrote. The situation was very fluid and very dangerous. During this event, officers were very focused on safely apprehending the armed and violent suspect. This compelled officers to pursue the suspect to address this public safety issue."
So how did the situation escalate from a traffic stop to a shooting involving dozens of rounds fired?
"As Mr. Walker exited the vehicle, he was wearing a ski mask, on a warm June night, further causing the officers to fear a more severe crime. He was given multiple commands to show his hands. Mr. Walker while fleeing on foot, refusing multiple commands to show his hands, turned towards officers, reached to his waistband and raised his arm in a shooting posture. This caused officers to believe he was still armed and intended on firing upon officers. Officers then fired to protect themselves and their fellow officers," Mylett stated.
Last month, Akron police Lt. Michael Miller announced that all eight officers involved in the fatal shooting of Walker on June 27, 2022 were restored to "full-time, active duty." That decision was made based on the independent review conducted by the Ohio Bureau of Criminal Investigation (BCI) and the Summit County grand jury's vote not to indict.
The eight officers had been placed on paid administrative leave immediately after the shooting. In October 2022, the officers were reassigned to "administrative duty," meaning they were not in the community on patrol, but did provide "internal support in non-uniform roles."
You can read Mylett's summary of the Jayland Walker internal investigation below.
Not long after Mylett's executive summary was released, the Fraternal Order of Police, Akron Lodge 7 put out a statement in response.
"The Fraternal order of Police, Akron Lodge 7 continues to support the Akron Officers involved in the tragic deadly use of force incident that occurred on June 27, 2022. The union agrees with the findings of the BCI investigation, the Grand Jury decision, and now the findings of the Akron Police Department internal investigation.
"Police operations, policies, and procedures must be based on the rule of law. In use of force issues in Ohio, those rules come forth from the United States Supreme Court and the Ohio Supreme Court. In both those legal standards our Akron Officers were found in lawful compliance.
"The use of force policy of the APD is based on those legal standards. In the Jayland Walker case, the officers involved have now been found to have been in compliance with the Akron Police Department's legal based policies. Unfortunately, Jayland Walker created dangerous circumstances which led to the use of deadly force. Though tragic, our officers were within the law and agency policy."
Also responding to the internal investigation findings was Walker family attorney Bobby DiCello. “Everyone should be encouraged to read what the Chief of Police wrote. He said Jayland’s shooting was in compliance with the policies of the Akron Police Department. That says it all. While not unexpected, it is exactly this position that makes it critical for us to continue the lawsuit on behalf of Jayland Walker’s family. In fact, it is exactly because of this position, that we look forward to moving this case further through our justice system," he wrote in an email to 3News.
In June of this year, the Walker family filed a $45 million lawsuit in federal court, claiming the officers “used excessive force.” The lawsuit is against the city of Akron and the eight officers involved in the shooting. The lawsuit also names Akron Mayor Dan Horrigan and Mylett as defendants.
Horrigan elected not to seek a third term as Akron mayor, while Mylett is set to retire at the end of this year.
Akron Mayor-Elect Shammas Malik released a statement on Tuesday evening after the results of the investigation were revealed:
“Today, the Akron Police Department released a summary of the internal investigation into the killing of Jayland Walker, finding that the use of force by APD officers did not violate department policy, in part because of the earlier decision by a Summit County grand jury not to bring criminal charges against the officers. The document also discusses other potential violations of department policy and does not find any violations of policy resulting in discipline.
"The killing of Jayland Walker is a tragedy that our community continues to grapple with. Earlier this year, when the grand jury determination was made, I accepted those findings, including the evidence that Jayland fired a weapon during the police chase. I also reiterated my concern about the amount of force used during the video of Jayland's final moments.
"As my administration takes office in January, we will review APD policies, procedures, and training, and take all appropriate steps to make deadly incidents less likely. We will work with our community and our police force to ensure that every person in Akron is treated with dignity and respect in all interactions with our city government.”
Previous Reporting:
- Akron police: 8 officers who fatally shot Jayland Walker back on 'full-time, active duty'
- Akron Police Chief Steve Mylett to retire at end of the year following tenure overshadowed by Jayland Walker's death
- Lawsuit filed against City of Akron following July 2022 Jayland Walker protest arrests
- Family of Jayland Walker files lawsuit seeking at least $45 million in damages nearly 1 year after deadly Akron police shooting