Board: Police should not have been cleared
Dayton man with disabilities said he was mistreated in arrest.
A civilian board has disagreed with the findings of an internal police investigation that exonerated two Dayton officers who were accused of misconduct by a resident who is deaf, mute and has cerebral palsy.
Dayton’s Citizens’ Appeal Board unanimously voted on Thursday to sustain the appeal of Jack Runser, a 50-year-old resident who has multiple disabilities, and did not concur with the police investigation’s findings.
Runser appealed a decision of police supervisor Sgt. Jonathan Sopczak that concluded officers Seth Victor and Joshua Wiseman acted appropriately and with justification when they stopped, cuffed and transported Runser to Miami Valley Hospital.
The appeals board’s decision will be sent to the Dayton City Commission.
Sopczak’s decision recommended the officers receive no discipline related to the incident. Runser says the officers did not properly communicate with him and he was mistreated and sustained serious injures during the encounter.
Debra Southard, an advocate who spoke on Runser’s behalf, says his civil rights were violated and the officers and their supervisors also violated a variety of police department policies.
She said the officers should be disciplined and she hopes this case will encourage others to come forward when they are mistreated by police.
“Today was a good day to show the community that a public board was willing to hold police account
able,” she said. “I hope their decision empowers more community members to get more involved.”
The Citizens’ Appeals Board said it will make some recommendations about training and policies stemming from this case within the next 10 days.
“We really appreciate you, Mr. Runser, for coming forward and sharing your experience and making your voice heard. We’ve heard it,” said Anne Pfeiffer, a member of the board.
On Nov. 8, a motorist called 911 to report that a man who looked like he might have disabilities was walking in the grassy median on South Gettysburg Avenue.
The 911 caller said he wanted someone to check on the man to make sure he was OK.
Runser said he decided to walk about 1.6 miles from his home to the Dollar General to get a cup of coffee. He did not have ID on him and he was sweaty after working in his yard.
Officers Wiseman and Victor
pulled into the Dollar General parking lot and tried to talk to Runser.
Runser said he did not realize the police officers were talking to him, and he tried to walk around them, but one officer grabbed his arm.
Runser said he tried to communicate via American Sign Language that he is deaf, but this was ignored.
Runser said he was handcuffed, put in the back of a police cruiser and was transported to a hospital miles from his home.
Runser said this caused him intense pain because the handcuffs were too restrictive and he shakes involuntarily from cerebral palsy.
He said his wrist was fractured in multiple places, which has hurt his quality of life, and he was scared and he had no idea what was happening.
The police officers in their special reports said they were concerned that Runser could not properly take care of himself based on his appearance and behavior.
Both officers said Runser’s behaviors and actions seemed to be consistent with methamphetamine use.
Runser was released from the hospital without treatment after he was able to communicate with medical staff, confirming he is deaf. Runser later filed a complaint about the officers’ conduct and actions.
In his supervisor’s report, police Sgt. Sopczak wrote that the officers took Runser to the hospital for treatment because they thought he might have a medical emergency or he might be under the influence of meth.
The officers were not able to properly determine Runser was hearing impaired, and there was a communication barrier because the officers were wearing masks during the incident, which is proper procedure, his report states. The report exonerated the officers of allegations of misconduct.
Southard said every police officer should know how to ask via sign language whether a citizen is deaf.
She said police officers clearly need more training so they understand how to properly interact with residents with disabilities.
She said police should not be able to ostensibly “kidnap people off the street,” without following proper emergency admission protocols.
In a statement through a translator, Runser said, “I want to again be able to feel safe in my own community, knowing that police are there to protect and not harm.”
“This is the first step in a long process to improve community policing,” he said.
City and police officials did not immediately return a request for comment following the Citizens’ Appeals Board hearing.