DAYTON, Ohio (WDTN) – An update to a story involving claims of excessive force at the Montgomery County Sheriff’s Office.
It involved the surveillance video leaked to the press showing Amber Swink getting pepper sprayed while restrained inside the jail last year.
Swink’s attorney said the sheriff’s office tried to cover up the incident and purged all evidence.
On Tuesday, the sheriff’s office confirmed they can’t find that video.
2 NEWS heard back from the Sheriff’s office regarding a public records request submitted for the video of the incident and all reports surrounding it, including the personnel file of the officer involved.
We were told they were unable to obtain the video and there was no use of force report filed for the incident.
The fact there is no use of force report filed is a violation of policy at the Montgomery County Sheriff’s Office.
Anytime officers use force such as major physical restraint or pepper spray a report must be filed saying why it was used. In this case, the video Amber Swink’s attorney has, shows Captain Judith Sealey pepper spraying Swink while she was in custody and restrained.
After reviewing Captain Sealey’s personnel file we found she was issued a letter of caution nearly 4 months after the incident occurred for not filling out all required paperwork. It says she was told about the violation but the form was still never filled out.
Captain Sealey has been employed by the Sheriff’s office for more than 20 years. She’s never had any major disciplinary action but did fail to get her annual certification and training for using pepper spray in 2003. She was promoted to Captain in February of this year.
We still have a lot of questions for the Sheriff’s Office about how surveillance video went missing.
Right now the sheriff tells us he is not commenting because of the lawsuit and circumstances of the case.
We’ll keep you posted on any developments.