Evidence shows inmate was not aggressor in altercation

ELYRIA — Based on an investigation, sound and video surveillance, the altercation between Lorain County Sheriff’s Office corrections officer Marlon Taylor and inmate Jordan Sand shows that Sand was not the aggressor, according to the sheriff’s office.

Taylor was charged with misdemeanor assault and place on leave. Taylor is scheduled to appear Sept. 26 at Elyria Municipal Court at 10 a.m.

Based on the criminal report by detective Mike Lopez, Taylor’s statements were inconsistent with the video.

On July 29, Taylor, 48, and a jail nurse were dispensing medications, which Sand refused and he became agitated and disrespectful to the point of Taylor removing Sand from the pod, the report states. After exiting the pod, Taylor said that Sand was resisting and pulling away from him, at which time Sand was pinned against the wall and told to knock it off. Sand was then ordered to sit on a bench by Taylor near the hallway prior to being transferred to disciplinary lockdown. The video shows Taylor grabbing Sand, pushing him to the floor and striking him.

According to the report, Taylor told Lopez that he has never been involved with something like this before.

The investigation was forwarded to the Elyria prosecutor’s office. A separate internal administrative investigation also has been conducted.

Taylor told Lopez that things were going on that day that made Sand agitated, which is why he removed him from the pod. He also said that Sand pulled away from him and he pushed Sand up against the wall and told him to settle down. When they reached the bench, he said Sand told him he wasn’t going to follow the rules.

In the report, Lorain County Sgt. Donald Barker asked Taylor why he reacted the way he did and Taylor replied that Sand made a threat. Taylor said Sand held up a hand while saying “you

were that close to getting your ass kicked.” Taylor said Sand had his right hand down at his side fisted and cocked.

Taylor also said officers are trained to get out of harms way by getting the subject to the ground and said, in his opinion, the incident did not seem to be excessive force, according to the report.

During Sand’s interview, he told Lopez that he always refuses his medications in the morning and takes them at the 6 p.m. dispensing. He also stated that Taylor told him if he didn’t take them now, he would be going “to the hole.” Sand explained he became agitated. Taylor told Sand that if he was going to have an attitude, he could go to the hole now, which Sand replied, “I don’t give a (expletive), I’m leaving in two weeks.”

His disrespect was in general, Sand said, and he never threatened or tried to intimidate Taylor. He stated that he didn’t bump, touch, say or do anything to create a threat and Taylor was aggressive when they walked out of the pod.

Taylor said that he was not ordered to sit down and said that Taylor was probably angry because Sand told him he was acting silly for his age and was not han- dling the situation as an officer should.

Taylor began walking away and started to turn to the bench and was striking him to the ground, Sand said. Sand said he did not try to defend himself and went into a fetal position for protection. Sand said he did not raise a hand to Taylor and that being disruptive and a smart ass was wrong, but did not justify Taylor’s actions.

Based on the case summary, Lo- pez determined there are some inconsistencies with Taylor’s statements such as the video does not show Sand resisting or pulling away. Taylor also said near the bench area, Sand makes a hand gesture saying “you’re this close to getting your ass kicked” while clenching a fist in a threatening manner. Based on the video, Lopez states that neither party displayed defensive or offensive stances to each other.