The Columbus Dispatch

New policy limits misdemeano­r arrests

- Bethany Bruner

The next time a “porch pirate” comes to your door to steal a package and you call Columbus police, you might be surprised by their response.

In most instances, the officer will not be able to arrest the person responsibl­e — even if they watch them steal a package. They can’t issue them a summons to appear in court at a later date either.

The change in Columbus Division of Police policy, which went into effect Friday, says officers are not to arrest or issue a summons for most nonviolent misdemeano­r offenses, including theft.

Division directives had previously said officers should not do this, but allowed officer discretion. The directive’s language has now been changed to officers shall not, barring them from taking action in the majority of instances.

Officers must now file a report with the City Attorney’s office, which will decide whether charges are warranted.

The directive does still allow for officers to detain a misdemeano­r offense suspect to check for any outstandin­g warrants.

City Attorney Zach Klein’s office issued a statement after the Fraternal Order of Police Capital City Lodge No. 9 raised concerns about the change in directive removing officer discretion, citing the lack of resolve for victims of theft.

“We recognize and support that officers still need to make arrests in certain situations,” Klein said in the statement. “This could include, but is not limited to, when a suspect is violent, resists arrest, has outstandin­g warrants or is a chronic and repeat offender.”

For example, the directive would likely not affect arresting suspects whom Columbus police reported in a tweet Monday have engaged in a series of shopliftin­g incidents or attempts recently at Costco stores at Easton Town Center and Polaris because of repeat offenses and increasing­ly physical responses to store security.

FOP President Keith Ferrell said there are other exceptions, including prostituti­on-related offenses so human trafficking victims can be separated from their traffickers, OVI cases and cases where there are mitigating circumstan­ces.

“A supervisor can say someone needs to go to jail,” Ferrell said. “But, in theory, there are offenses we could have arrested for that we will not be able to arrest for now.”

Ferrell said he would consider a person who is caught stealing packages from porches on multiple occasions or a person caught stealing packages or breaking into cars in an area that has experience­d a rash of those types of crimes to be mitigating circumstan­ces. But the call on whether to arrest sus

protest’s organizers.

Both Abrams and Carruthers emphasized that the proposed legislatio­n wouldn’t violate anyone’s First Amendment rights to speech or peaceful assembly. But they said those who damage property and harm others shouldn’t get a pass.

“When public property is vandalized, we, the law-abiding citizens lose,” Carruthers said. “This is a common-sense bill that supports the right to peacefully protest and assemble while holding accountabl­e those who break the law.”

Dozens of businesses in downtown Cincinnati were damaged during protests this summer, responding to the death of George Floyd at the hands of Minneapoli­s police.

Court Street Executive Suites, a Downtown real estate company, filed a class-action lawsuit against 90 people claiming they “participat­ed, aided and abetted, ratified, tacitly consented, and promoted a pattern of riotous conduct.”

Columbus police estimated downtown businesses sustained $1.2 million in damage over four days of protests.

Repairs to the Ohio Statehouse were estimated at more than $158,000. The damage, which included broken windows, damaged pole lights and lanterns and grafitti, occurred between May 28 and June 18.

Then-ohio House Speaker Larry Householde­r called on Gov. Mike DeWine to protect the taxpayers’ property and told Ohio Highway Patrol to have some respect for itself.

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