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									City of Cincinnati                                                                        Interdepartmental
                                                                                      Correspondence Sheet


                                                                                Date: November 23, 2009

To:            Board Members, Citizen Complaint Authority

From:          Kenneth E. Glenn, CCA Director

Subject:       CCA Investigative Summaries, Board Meeting / December 7, 2009

#1
           Complaint #                        09152
           Complainant(s)                     Michael Davis
           Involved Officer(s)                Thomas Weigand
           CCA Investigator                   Dena Brown
           Director Recommendation            Excessive Force - Not Sustained
           Board Recommendation               Agree (4-0)
           City Manager Finding               Agree

Narrative

Mr. Michael Davis filed a citizen complaint with the Cincinnati Police Department on June 26, 2009, the
incident occurred at 3051 W. McMicken, approximately 7:03 am, on the same date. CCA received the case on
June 29, 2009.

Mr. Davis alleged Officer Thomas Weigand, D-5, kicked him in the ribs after ordering him to the ground. Mr.
Davis believed Officer Weigand’s actions were excessive.

Summary

Mr. Michael Davis alleged Officer Weigand kicked him in the ribs during his arrest. Officers Weigand and
Hubbard denied the allegation. The Investigator could not determine if Mr. Davis was kicked.

Findings

Excessive Force- Officer Weigand

There are insufficient facts to decide whether the alleged misconduct occurred. NOT SUSTAINED ■
#2
        Complaint #                        09191
        Complainant(s)                     Donnie Chatman
        Involved Officer(s)                Joshua Fehrman, David Dozier and Adrienne Brown
        CCA Investigator                   David Moonitz
        Director Recommendation            Brown: Improper Entry – Sustained
                                           Fehrman and Dozier: Improper Entry – Not Sustained
        Board Recommendation               Agree (4-0)
        City Manager Finding               Agree

Narrative

Mr. Donnie Chatman alleged an Improper Entry of his residence on July 15, 2009. Officer Adrienne Brown
forced open his front door and entered his residence after he asked them to leave his property. The complaint
was received from CPD on August 3, 2009. The CPD Form 648 was initially misrouted from District 3.

Summary

Officers Brown, Fehrman and Watson stated they were working a detail for the Cincinnati Initiatives to Reduce
Violence (CIRV). Their duties encompassed notifying repeat offenders their next arrest would be tried through
the Federal Court System. At the beginning of the shift they were given a listing of names and addresses of
persons to contact as repeat offenders. Mr. Ronnie Chatman was on the list. As they approached Mr.
Chatman’s address, they observed a subject on the sidewalk in front of the address. They asked his name and
he was alleged to initially give a fictitious name. As they were talking, Mr. Chatman gave his real name and
entered his house.

Officer Brown attempted to stop him from closing the door, placing her leg in the door frame. Her intention
was to arrest him for Falsification. Ronnie forced the door against her arm and knee multiple times. Officer
Fehrman responded by assisting Officer Brown in trying to open the door. Mr. Donnie Chatman stated he
yelled for Ronnie to let go of the door and when he did, officers entered the residence. Officers Brown and
Fehrman stated Ronnie came out onto the porch and Officer Dozier stated they reached inside and pulled Mr.
Chatman onto the porch and handcuffed him. Mr. Donnie Chatman and Ms. Scales stated officers entered the
residence and Ms. Chatman stated when she responded to the commotion she heard, Officers Brown, Dozier
and Fehrman were in the living room; Ronnie Chatman was on the floor, handcuffed behind his back. Ronnie
Chatman did not contact CCA and his location is unknown. The Investigator concluded Mr. Ronnie Chatman
was not obligated to speak with the officers upon their initial approach. Officer Brown improperly entered the
residence by placing her foot inside the doorway. The Investigator could not determine if Officers Fehrman
and Dozier entered the residence.

Findings

Officer Adrienne Brown—Improper Entry

The allegation is supported by sufficient evidence to determine the incident occurred and the actions of the
officer were improper. SUSTAINED

Officers Joshua Fehrman, David Dozier—Improper Entry

There are insufficient facts to decide whether the alleged misconduct occurred. NOT SUSTAINED ■




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#3
         Complaint #                           09200
         Complainant(s)                        Nwantu Thomas
         Involved Officer(s)                   Anthony Bischoff and Vincent Suhocki
         CCA Investigator                      Dena Brown
         Director Recommendation               Bischoff and Suhocki: Use of Force (Taser) -
                                               Exonerated
         Board Recommendation                  Agree (4-0)
         City Manager Finding                  Agree

Narrative

Mr. Nwantu Thomas filed a citizen complaint with the Cincinnati Police Department on August 11, 2009. The
incident occurred on the same date approximately 7:12 pm at his residence. The case was referred to CCA on
August 12, 2009.

Mr. Thomas alleged he was tased for no reason by Officers Anthony Bischoff #P146 and Vincent Suhocki
#P643, D-3 during his arrest.

Summary

Mr. Nwantu Thomas alleged he was tased without warning during his arrest and believed the tasing was not
warranted. The officer’s ordered Mr. Thomas several times to calm himself or be tased. When he did not
comply he was tased. Independent witness Ms. Johnson stated Mr. Thomas was not complying with the officers
and heard them warn him several times of the impending taser use. The Investigator has concluded the officers
were within CPD policies, procedures, and training.

Findings

Use of Force -Officers Anthony Bischoff and Vincent Suhocki

A preponderance of the evidence shows alleged conduct did occur, but did not violate CPD policies,
procedures, or training. EXONERATED ■


#4
         Complaint #                           09219
         Complainant(s)                        Tiauna Ford
         Involved Officer(s)                   Katisha Davis
         CCA Investigator                      Dena Brown
         Director Recommendation               Excessive Force - Not Sustained
                                               Discourtesy - Sustained
         Board Recommendation                  Agree (4-0)
         City Manager Finding                  Agree

Narrative

Ms. Tiauna Ford filed a citizen complaint with the Cincinnati Police Department on August 22, 2009. Ms. Ford had
two separate complaints with Officer Katisha Davis, one occurring in June and the other in August. CCA received
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the case on August 28, 2009.

Ms. Ford alleged Officer Katisha Davis #P574, D-2, struck her in the back of the head as she walked to the rear of
the store where she works. This occurred in the month of June, 2009, approximately 3:00 am, at the UDF on Erie
Ave. Officer Davis also threatened to strike Ms. Ford in the head in the month of August.

Summary

Ms. Tiauna Ford alleged Officer Davis struck her in the head. Officer Davis denied the allegation. Ms. Ford
alleged Officer Davis threatened to strike her in the head a month and a half after the first incident. Officer
Davis stated she did advise Ms. Ford she would strike her in the head, but was not serious when she said so.
The officer believed they were on friendly terms and was joking when she made the comment. The Investigator
could not determine if the officer used force on the first incident, but concluded the officer did make the
comment of striking Ms. Ford and therefore violated CPD Rules and Regulations.

Findings

Excessive Force – Officer Katisha Davis

There are insufficient facts to decide whether the alleged misconduct occurred. NOT SUSTAINED

Discourtesy – Officer Katisha Davis

The allegation is supported by sufficient evidence to determine that the incident occurred and the actions of the
officer were improper. SUSTAINED ■


#5
         Complaint #                             09224
         Complainant(s)                          Matt Jacobs
         Involved Officer(s)                     Charles Kilgore
         CCA Investigator                        David Moonitz
         Director Recommendation                 Improper Search (Person) – Not Sustained
         Board Recommendation                    Agree (4-0)
         City Manager Finding                    Agree


Narrative

Mr. Matt Jacobs alleged on April 10, 2009, CPD Officer Charles Kilgore, badge # P-151, stopped him while
operating a vehicle in the vicinity of 1005 Gilbert Avenue on April 10, 2009, and searched him, placed him in
handcuffs and searched the car he was driving. He reported the incident to CPD on September 4, 2009 and
CCA received the complaint on September 11, 2009

Summary

Officer Kilgore stated he effected a pretext traffic stop of Mr. Jacobs for failing to signal when he pulled from
the curb. He received a notice from the O. S. P. concerning a person wanted for felony warrants, violations of
protection order warrants, and making threats to shoot police officers. The suspect was believed to be going to
the Cincinnati area. He stated he observed Mr. Jacobs across from the Hamilton County Justice Center acting
in a suspicious manner. He conducted a traffic stop after Mr. Jacobs drove from that location, had him exit the
car, frisked him, handcuffed him and placed him in the rear of the CPD vehicle. Mr. Jacobs stated he was
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searched. Officer Kilgore then performed a “wing span” search of the interior of the vehicle because Mr.
Jacobs was observed reaching toward the center console. He discovered a baggie
of marijuana. He then returned to the CPD vehicle, obtained Mr. Jacobs’ driver’s license and released him
upon determining he was not the wanted person. The Investigator concluded without the benefit of witnesses
or evidence for a preponderance of evidence that the allegation could not be proven or disproven.

Findings

Officer Charles Kilgore—Improper Search—Person

There are insufficient facts to decide whether the alleged misconduct occurred. NOT SUSTAINED ■


#6
        Complaint #                    09230
        Complainant(s)                 Clinton Austin
        Involved Officer(s)            Dahei Haile and Melissa Emody
        CCA Investigator               David Moonitz
        Director Recommendation        Haile and Emody: Use of Force (Physical) - Not Sustained
        Board Recommendation           Agree (4-0)
        City Manager Finding           Agree

Narrative

Mr. Clinton Austin alleged on August 25, 2009, Officers Haile and Emody kicked him in the head while
arresting him. The complaint was received from CPD on September 8, 2009.

Summary

Officer Haile stated he placed Mr. Austin in custody for investigation of receiving stolen property. When he
attempted to handcuff him, Mr. Austin broke away and attempted to flee on foot. Officer Haile pursued him,
ordering him to stop multiple times. He failed to comply and was tased. He was handcuffed and while being
escorted to a CPD vehicle attempted to pull away at which time he struck his head against the side of a
building. Mr. Austin stated he was kicked in the head by the arresting officers. Both officers denied kicking
him. CFD responded, removed the Taser barbs and transported him to University Hospital. The Investigator
was unable to determine whether or not Mr. Austin was kicked by the officers.

Findings

Officers Dahei Haile and Melissa Emody—Use of Force-Physical

There were insufficient facts to decide whether the alleged misconduct occurred. NOT SUSTAINED ■


#7
        Complaint #                           09232
        Complainant(s)                        Demeico Hayden
        Involved Officer(s)                   Stephen Fromhold and Thomas DeFranco
        CCA Investigator                      Dena Brown
        Director Recommendation               Fromhold and DeFranco: Search - Exonerated
        Board Recommendation                  Agree (4-0)
        City Manager Finding                  Agree

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Narrative

Mr. Demeico Hayden filed a citizen complaint with CCA on September 9, 2009. The incident occurred on
August 20, 2009, at 1800 Elm St., approximately 10:45 pm.

Mr. Demeico Hayden stated he was stopped by Vortex Officers Timothy Watson #P799 and Thomas DeFranco
#P881. His vehicle was searched by a canine and the officers without his permission.

Summary

Mr. Demeico Hayden alleged Officers DeFranco and Fromhold, searched his vehicle without permission.
Officer Fromhold stated the canine alerted on the vehicle and during the search marijuana residue was located
on the front passenger area. The Investigator concluded the officers followed CPD policies, procedures, and
training.

Findings

Search- Officers Stephen Fromhold and Thomas DeFranco

A preponderance of the evidence shows alleged conduct did occur, but did not violate CPD policies,
procedures, or training. EXONERATED ■


#8
        Complaint #                            09267
        Complainant(s)                         Te’Airea Powell
        Involved Officer(s)                    Barnabas Blank
        CCA Investigator                       Gregory Pychewicz
        Director Recommendation                Search - Exonerated
        Board Recommendation                   Agree (4-0)
        City Manager Finding                   Agree


Narrative

Ms. Te’Airea Powell filed a citizen complaint with the Cincinnati Police Department on October 3, 2009. The
incident occurred on the same date at 2514 Queen City, approximately 1:00am in D-3. CCA received the
complaint on October 9, 2009.

Ms. Powell alleged D-3 Officer Barnabas Blank searched her vehicle without permission or a warrant.

Summary

Ms. Te’Airea Powell stated in her CPD complaint that her vehicle was searched without permission or a
warrant. Ms. Powell would not respond to the Investigator’s request for an interview. The CCA Investigator
reviewed CPD’s interview with Ms. Powell. Officer Barnabas Blank and Karen Taylor stated the vehicle was
impounded incident to an arrest and an inventory search was conducted. The DVR’s confirmed the officer’s
assertion. The Investigator concluded the officer was within CPD policy and procedure.



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Findings

Officer Barnabas Blank- Search

A preponderance of the evidence shows alleged conduct did occur, but did not violate CPD policies,
procedures, or training. EXONERATED ■




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