Dontay Auston, a 31-year-old Akron man who pleaded no contest in a resisting arrest case that saw two Akron police officers punch him a dozen times, will spend no time in jail after a judge suspended his 30-day jail sentence, Auston’s attorney said.
Auston pleaded no contest on April 3 to one count of disorderly conduct, a fourth-degree misdemeanor, which city prosecutors amended from obstructing official business, a second-degree misdemeanor, according to court documents. In exchange for his no contest plea, prosecutors dismissed one count of resisting arrest, a first-degree misdemeanor.
“We are glad to have resolved part one, and look forward to part two, which is civil accountability for the police violence Mr. Auston suffered,” Okolo said in a statement to the Beacon Journal.
By pleading no contest, Auston did not admit his guilt, but he acknowledged the facts of the amended indictment. Akron Municipal Court Judge Jerry Larson found Auston guilty of disorderly conduct, sentenced him to 28 days in jail and ordered him to pay a $100 fine.
Auston served two days in jail at the start of the case, which will be credited toward his fine and court costs, Okolo explained.
Okolo said he plans to file a civil lawsuit on Auston’s behalf.
What led to the forceful arrest?
The two officers responded to a call on May 7, 2025, for a man who was assaulting a woman in the parking lot at Lane Park Manor Apartments in East Akron.
Body camera footage showed a shirtless Auston in the parking lot. The officers reported smelling alcohol and seeing blood on his chest and hands, an Akron police report stated.
When he was asked what happened, Auston in turn asked police who called them. Then, when an officer asked him to turn around, he walked away. Auston was struck twice by a stun gun as he ran.
During the ensuing struggle, the officers struck him a dozen times as they pulled his arms behind his back and handcuffed him.
Bryce Buyakie is an Akron-based reporter who covers the courts and public safety for the Beacon Journal. He can be reached by email at bbuyakie@gannett.com or on X @bryce_buyakie.
This article originally appeared on Akron Beacon Journal: Dontay Auston gets suspended jail sentence in resisting arrest case
Reporting by Bryce Buyakie, Akron Beacon Journal / Akron Beacon Journal
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