The Ohio Attorney General’s Office is investigating a Hamilton police officer’s use of force during an arrest in a public park after dark that left a man with a bloody head and face.
The arrest followed an encounter between Hamilton police Sgt. Christopher Peters and Robert Thomas Jr. in Marcum Park on June 22, according to an arrest report from the Hamilton Police Department. Thomas was later indicted on a fourth-degree felony assault charge, a first-degree misdemeanor count of resisting arrest, and two fourth-degree misdemeanors of criminal trespass and possession of drug paraphernalia.
But after viewing body camera footage and reviewing the extent of Thomas’ injuries, Butler County Prosecutor Mike Gmoser said his office questioned whether excessive force was used.
“His skull was opened up and he was bleeding profusely,” Gmoser said.
Those concerns led the Butler County Prosecutor’s Office and Hamilton police leadership to move the case to the Ohio Bureau of Criminal Investigation, part of the state attorney general’s office, to determine whether Peters’ actions were lawful, Gmoser said.
Deputy press secretary Dominic Binkley confirmed March 31 that the bureau’s investigation into Peters’ use of force is ongoing.
Peters is on active duty, according to an April 2 email from Hamilton police Sgt. Brian Ungerbuehler.
What body camera footage shows
Body camera footage obtained by The Enquirer documents the encounter from Peters’ perspective.
Peters arrives to Marcum Park and approaches Thomas. Soon a scuffle breaks out, and the officer appears to use a Taser to shock Thomas. Thomas appears to then punch Peters.
Thomas is now on the ground, and Peters shocks him a couple more times. Thomas cries out, still lying on the ground.
At around the one-minute mark of the footage, Peters pulls out his expandable baton, also called an ASP.
An ASP is a steel device about ten inches long that can be expanded like an audio antenna, according to Gmoser. Depending on the model of ASP, it can expand up to around 26 inches. Footage appears to show the officer hitting Thomas with the ASP.
Thomas is hit dozens of times according to an estimate by Gmoser’s office. During the strikes, Thomas’ screams get louder and higher pitched. Thomas appears to kick Peters during the encounter.
Another office arrives and they handcuff Thomas.
Hamilton’s use of force policy
Hamilton officers are permitted to use force to make a lawful arrest, overcome resistance when making an arrest, prevent a suspect’s escape, or protect or defend themselves from physical harm, according to department policy.
Whenever a Hamilton police officer uses force, they are required to submit a report to their supervisor. A supervisor finishes the report by concluding whether the officer violated policy.
In Peters’ first description of the incident, he wrote that Thomas punched him in the face after Peters shocked him the first time. Peters wrote that he threw Thomas to the ground, and Thomas began kicking toward him.
Peters wrote that the Taser had no effect when he used it the third time, so he switched to his collapsible baton and used it to strike Thomas’ left arm and shoulder.
Peters wrote a second entry in the report stating that due to Thomas’ movements, he inadvertently struck Thomas’ face while aiming for his left hand.
Thomas grabbed Peters’ left knee with both of his arms, Peters wrote. Peters said he did a second inadvertent baton strike to Thomas’ head due to Thomas’ movements.
A Hamilton Fire Department medic took Thomas to Fort Hamilton Hughes Memorial Hospital for gashes to the face and head, as well as welts on the hand, fingers and forearm, before being taken to Butler County Jail, according to the report. Thomas got staples and stitches. Peters did not receive treatment but wrote in the report that his leg was sore from being wrapped up by Thomas.
The use of a baton above the shoulder is only allowed in cases of extreme danger to the officer or others per department policy.
Lt. Joe Barker concluded that Peters’ actions complied with department policy in an Aug. 15 entry to the report.
Officer record shows praise
Personnel records obtained by The Enquirer show Peters has received consistently positive performance evaluations since joining the Hamilton Police Department in 2016.
A supervisor commented that his work reflects well on the police department and the city in Peters’ 2019 evaluation.
David Patterson, president of the Fraternal Order of Police chapter that represents Hamilton, said Peters’ use of force was justified.
“He was resisting arrest throughout. If he had stopped it would’ve been done but he chose to take it this way,” Patterson said.
Thomas’ attorney Will Oswall said Peters’ force was excessive. Thomas still has a scar on his left eye and on the top of his head, he said.
“I’ve been doing this for over 20 years. I’ve never seen anything like it on a trespass case,” Oswall said.
Thomas is scheduled for trial on May 26.
This article originally appeared on Cincinnati Enquirer: Video shows man bludgeoned by Hamilton officer, state investigates
Reporting by Gillian Stawiszynski, Cincinnati Enquirer / Cincinnati Enquirer
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