Suspension of 24 hours proposed for officer
After deliberating for several weeks, Columbus Police Chief Kim Jacobs has recommended that a police officer who stomped once on a detained black suspect in April be suspended for 24 work hours.
In a memo dated June 14 to Officer Zachary Rosen, 32, Jacobs said she is recommending the suspension to
Public Safety Director Ned Pettus, who will hold his own inquiry and ultimately decide the punishment. Jacobs’ memo was released Wednesday.
About the memo, Mayor Andrew J. Ginther said: “I have every expectation the Public Safety Director will discipline Officer Rosen in a manner that holds him accountable for his actions, and I expect the final decision to be made as quickly as possible.”
The case gained attention and drew protests after a witness posted a video of the April 8 incident on YouTube. Ginther has expressed disappointment and said the incident eroded public trust.
“Twenty-four hours is an absolute joke,” said Amber Evans, organizer for the People’s Justice Project, which has protested Rosen at the city council. “I think it’s a major slap in the face for the black community, and for the mothers that have lost their family members to police violence, and for the young man who was kicked in his head by Rosen.”
On the video, 26-year-old Demarko Anderson is seen lying on his chest on a concrete driveway, restrained by Officer Darren Stephens with his hands behind his back. Rosen is seen darting into the frame and striking Anderson once in the head with his left foot. Anderson’s head was raised, then seen smashed into the pavement as Rosen struck him.
Anderson is heard on the video saying, “Are you serious? I’ve got cuffs on, sir.”
In his interview with investigators, Rosen said he stomped down on Anderson’s left shoulder. He said he attempted to pin Anderson to prevent him from being able to buck Stephens off or escape.
Officers had responded to a report of a man with a gun near a residence in Linden. Anderson was walking away from a Maize Road residence when Stephens tried to handcuff him, according to a police report. Anderson pulled away, elbowed Stephens in the face and fled. Stephens caught Anderson and placed him in handcuffs.
Anderson faces charges in Franklin County Common Pleas Court, including improperly discharging a gun into a residence, carrying a concealed weapon, obstructing official business and aggravated menacing.
The Columbus Branch of the NAACP, in a prepared statement, said its members are “stunned, horrified and dismayed” by Jacobs’ recommendation and that they are “demanding that Safety Director Ned Pettus remove Officer Rosen from the Columbus police force.”
In his report to Jacobs, Deputy Chief Thomas Quinlan said: “Officer Rosen’s intent notwithstanding, he did actually strike Mr. Anderson in the face while handcuffed. I do not find Officer Rosen’s use of force reasonable, meaning it was not proper, appropriate, rational and ordinary or usual in the circumstances.”
Quinlan, the highest ranking of Rosen’s direct chain of command, was the only one of his supervisors to rule the stomp as out of policy before the report landed on Jacobs’ desk.
The stomping incident was not the first time Rosen used kicking or striking motions with suspects, according to records obtained by The Dispatch.
In an October 2015 incident, Rosen drew his gun on an unarmed man on East 26th Avenue, then kicked him in the midsection, making him fall backward.
“I did not have time to transition to another weapon, as (the suspect) quickly advanced on me,” Rosen told investigators.
Rosen is one of two officers who shot and killed 23-year-old Henry Green while working undercover in June 2016. Rosen fired 15 shots in that incident. A grand jury cleared officers of any wrongdoing. The department is still reviewing the incident through the firearms review board.
Per union-contract rules, Jacobs had to consider the punishment in other cases of sustained use-of-force investigations in order to consider discipline for Rosen in the Anderson arrest.
Rosen was taken off his normal patrol assignment in April and reassigned as the matter was investigated.
On April 12, Jacobs attended a news conference with Ginther, who said he was troubled by the video.
“What I saw was troubling, upsetting — it’s disturbing,” Ginther said. “It’s not consistent with the values and training (of the) Columbus Division of Police. ... It erodes the public trust.”
Rosen emailed his chain of command on April 13, saying, “I have been concerned for my safety since my name was released and comments were made by the Mayor convicting me of wrongdoing, despite any due process or the opportunity for an investigation to run its course as our protocol dictates. The Mayor’s actions have now jeopardized the safety of my mother and my family.”
A day later, investigators found the threats posted on social media were not credible. Still, Rosen asked for additional cruiser attention at his home.
Rosen has worked for the division as an officer since December 2010. Columbus police spokesman Sgt. Rich Weiner said Rosen would not be able to use leave time to serve any suspension.
— Amber Evans, People’s Justice Project organizer