Dayton Daily News

ASSAULT CHARGES REJECTED IN JAIL PEPPER-SPRAYING

Montgomery County sheriff’s captain may still face charges.

- By Josh Sweigart Staff Writer

A Montgomery County grand jury declined to bring felony assault charges against Sheriff’s Office Capt. Judith Sealey for pepper-spraying a restrained female inmate in the jail, the county prosecutor’s office announced Monday.

The grand jury’s decision does notprevent­possiblemi­sdemeanor charges, administra­tive action by the sheriff ’s office or the outcome of an ongoing federal investigat­ion of the incident.

Sealey, then a sergeant, pepper-sprayed inmate Amber Swink while she was strapped into a restraint chair in November 2015. Swink filed a lawsuit against the county last year after local attorney Doug Brannon obtained video of the incident that disappeare­d from county records; the lawsuit was on hold pending the police investigat­ion.

Montgomery County Prosecutor Mat Heck said in a statement that the grand jury heard testimony from more than 30 witnesses over six days.

“By their vote, the grand jury has indicated that there is insufficie­nt evidence of any felony,” Heck said. “The appropriat­e felony charge the grand jury was asked to consider is felonious assault, which requires evidence of serious physical harm.”

Brannon said Heck should have appointed a special prosecutor because the county was both presenting this case to grand jury and defending the sheriff ’s office against Swink’s lawsuit.

“Quite frankly I’m upset that the Montgomery County Prosecutor’s Office failed to obtain an indictment,” he said. “I think it’s probably by design due to the fact there is a clear conflict of interest.”

Heck said Dayton police were asked by Sheriff Phil Plummer only to investigat­e the pepper-spraying, not whether Sealey violated jail policy or whether public records were destroyed or stolen when the video disappeare­d from the jail and got into Brannon’s hands. Plummer said Monday that his office is now “conducting the

internal investigat­ion which deals with policies and procedures.”

Sealey has been on paid administra­tive leave since October, shortly after Bran- non’s lawsuit brought the incident to light. She was paid $91,375 last year, according to the I-Team Payroll Proj- ect.

Heck also noted that the decision about whether to pursue misdemeano­r charges rests with the city of Dayton. Dayton City Prosecutor Stephanie Cook said no decision has been made yet, but the process would typically begin with her office getting a police report and speaking to the alleged vic-

tim.

Misdemeano­r assault charges require evidence of only harm, not serious physical harm.

“This was serious enough to cause her to become unconsciou­s. That seems pretty serious to me,” Brannon said. “I think the FBI needs to now conclude their investigat­ion and bring crim

inal charges since the Montgomery County prosecutor failed to appoint a special prosecutor and complete the task properly, and this woman should never be allowed to go back to work in our Montgomery County jail.”

 ??  ?? Amber Swink in a 7-point harness after being pepper sprayed in an isolation room at the Montgomery County Jail. Swink has sued the Montgomery County Sheriff’s Office for excessive force.
Amber Swink in a 7-point harness after being pepper sprayed in an isolation room at the Montgomery County Jail. Swink has sued the Montgomery County Sheriff’s Office for excessive force.
 ??  ?? Capt. Judith Sealey is on paid administra­tive leave.
Capt. Judith Sealey is on paid administra­tive leave.

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