Off-duty officer cleared in shooting of suspect
Dayton suspect, 17, wounded after Feb. 5 crime spree.
Miami Twp. police officer has been cleared in the shooting of an armed robbery suspect attempting to flee a crime scene.
An off-duty Miami Twp. police officer has been cleared in the shooting of an armed robbery suspect attempting to flee a volatile Miamisburg crime scene near I-75.
Officer James Swearingen was not indicted by a Montgomery County grand jury for his Feb. 5 actions in wounding a 17-yearold Dayton suspect who may face adult charges, according to the Miamisburg Police Department. The decision was announced Friday.
“Officer Swearingen took immediate action and attempted to stop the armed teen, which led to an exchange of gunfire,” according to a statement released Friday afternoon by Miamisburg Sgt. Jeff Muncy. “The armed robber was struck twice and was ultimately secured and taken to the hospital, where he was treated for his injuries.”
The shooting case was presented to a grand jury on Thursday and Swearingen “was cleared of any wrongdoing,” according to Muncy’s statement. “The incident itself remains under investigation, and the case is currently pending court action/disposition.”
Miami Twp. officials did not immediately respond to messages left Friday afternoon.
Earlier this month, Miami Twp. Trustee Vice President Doug Barry praised Swearingen’s actions.
“I’d like to commend our officer involved in the shooting and also commend our police department on their training,” he said, noting “that our department is a first-class police department that does things the correct way.”
Swearingen shot the teen in the right arm as the suspect was seeking to carjack several vehicles after the suspect’s stolen vehicle broke down shortly after robbing a Shell station in heavy traffic near Ohio 725 and Interstate 75 interchange, Montgomery County Prosecutor Mathias Heck, Jr. has said.
Heck said Swearingen arrived on the scene as the suspect was fleeing, identified himself as a police officer, ordered the teen
to drop his .45-caliber gun and shot him when the suspect failed to comply.
The Dunbar High School student was charged in juvenile court Tuesday with seven counts of aggravated robbery, one count of felonious assault on a police officer, one count of impersonating an officer and a weapons charge.
Among other charges, the 17-year-old is accused of having “did knowingly cause or attempt to cause physical harm to” a police officer “by means of a deadly weapon,” court records filed Tuesday show.
Heck said prosecutors will seek to try the teen as an adult on all charges, which include an accusation of armed robbery for carjacking a vehicle on the night of Feb. 4, Heck has said.
Heck said the teen’s Feb. 5 actions — which include claiming to be an undercover federal agent — near the busy interchange “could have resulted in a number of injuries and deaths.”