DAYTON, Ohio (WDTN) – A woman claims she was knocked unconscious at the Montgomery County Jail by an officer.
Was excessive force used is this case? You decide.
It was a chaotic scene.
Emily Evans surrounded by officers booking her into jail for OVI
Officers say she was not cooperating
Then, she appears to be unconscious on the floor.
“Emily was knocked out. She was completely unconscious, unresponsive, bleeding from the nose,” said Mike Bly, Emily’s Attorney.
Evans and her attorney Mike Bly want accountability and a money settlement from the Montgomery County Sheriff’s Office.
They claim one Sergeant used excessive force and another inappropriately used a taser while trying to book Evans into jail.
“When you don’t obey the law you pay the consequences those consequences don’t include being subjected to unreasonable excessive force and that’s exactly what happened to Emily”
It all happened March 30th. Evans was arrested for OVI. Reports 2 NEWS Investigates obtained show her blood alcohol level was more than two times the legal limit. They note she was verbally combative and physically combative toward herself. That’s why she was handcuffed.
Minutes later, she’s at the Montgomery County Jail where officers attempt to book her in.
She was being searched when Bly said officers took their authority too far.
Bly said Evans suffered facial fractures and a bleed near her brain. EMS was called and she was taken to the hospital.
But Bly and the Montgomery County Sheriff’s office don’t agree on what happened.
All the incident reports given by the officers involved, said Evans, “vaulted herself off the wall”
“Non of the records indicate that she was picked up by a sheriffs deputy and body slammed head first into the concrete floor.”
2 NEWS Investigates obtained a “Use of Force” report filled out by the sergeant closest to her in the video. He admits to applying a control hold and take down/balance displacement saying Evans was not obeying verbal commands and presented safety risks.
“We by no means are questioning whether there was force used. There was obviously forced used,” said Chief Deputy Streck.
I went to the top and questioned Chief Deputy Rob Streck about the force used. He sees every report of force in the Montgomery County Sheriff’s Office
Natalie: “Was excessive force used in this case?”
“The sergeant involved in that was not found improper,” said Chief Deputy Streak.
He says there’s a difference between force and excessive force and the sheriff’s office internal investigation found the sergeant’s actions did not go against their policy. The review said the sergeant was trying to keep Evans under control when the force was used.
Chief Deputy Streak said using force comes with the job of an officer, but their department does not tolerate excessive force.
Natalie: People want to know what their rights are and what your rights are as police officers are and how far you can go in a situation like this. What’s the line?
“There are no definitive lines for excessive force,” said Chief Deputy Streck, “We have the right to keep you in there, we have the right to keep order in that jail but we don’t have the right to cause unnecessary pain and suffering to an individual.”
“The video speaks for itself,” said Bly.
What Evans and Bly consider a body slam was found reasonable by the sheriff’s office, but they did think the taser being pointed at her head was a breach of policy.
That sergeant has been given a written reprimand.
Bly plans to file suit against the city for Evan’s injuries.