Dayton police did not violate policy by pulling Owensby from car, internal probe says

Dayton Daily News - 1/11/2022

Jan. 11—An internal police investigation released Tuesday found that two Dayton police officers did not violate department policies when they yanked paraplegic resident Clifford Owensby from his vehicle by the hair and arm during a traffic stop last fall.

The investigation by the Dayton Police Department'sProfessional Standards Bureau "exonerated" officers Wayne Hammock and Vincent Carter of violating department policy for the level of force they used, how they transported Owensby to their cruiser and how they followed procedures like calling a supervisor to the scene when requested.

"The request for the free-air canine sniff, the level of force used on Mr. Owensby and placing him in the police cruiser were not a violation of policy," said Dayton's new police Chief Kamran Afzal.

However, the investigation says Hammock made an — at some point.

Owensby has filed a federal lawsuit that accuses the officers of using excessive force, making an unlawful arrest and failing to make proper accommodations for his disability.

A summary of the Professional Standards Bureau's investigation into the Sept. 30 traffic stop of Owensby says that officers were justified in pulling him over, calling a narcotics-detecting canine to the scene and ordering him out of the vehicle.

Department policy calls for all occupants of the vehicle to be removed before a free-air sniff takes place, the investigative findings report says. The report also cited case law saying police can make drivers get out of a vehicle during a traffic stop.

The report, which was sent to Dayton's police chief by Lt. Eric Sheldon with the Professional Standards Bureau, says that Owensby refused officers' multiple offers to help him out of the vehicle, and he gripped the steering wheel.

Both officers grabbed Owensby's arm to pull him out of the vehicle, and Hammock pulled him by the dreadlocks as well, the investigation says.

A bystander filmed the incident and uploaded the video to social media, resulting in hundreds of shares and comments that weekend. The incident gained national attention, with protesters gathering outside City Hall during a Dayton City Commission meeting, calling for police reforms in the city.

The PSB report says that hair pulling is a "viable subject control tactic" that can be effective when necessary, and Hammock's decision to pull Owensby out by the dreadlocks was "nontraditional but effective."

During an administrative interview, Hammock told a police sergeant that Owensby was actively resisting but he did not want to use pepper spray or his taser because there was a child in the backseat of the vehicle.

"I thought it was better for a pain compliance instead of delivering strikes, I grabbed his hair to cause pain and it's an old martial arts technique," he said.

The report says Owensby's criminal history included weapon and narcotic violations, and officers did not know he was unarmed at the time of the stop.

But the investigation found that Hammock violated the department's rules of conduct with a comment he made that was captured on a body camera video: "Carter, why'd you beat that poor man up?"

Hammock also silenced his body-worn camera about 25 minutes into the incident, and Carter briefly silenced his device after Hammock made the "unprofessional" comment.

The officers received a training memo regarding the violations, and neither officer was suspended or had their pay reduced due to the traffic stop, said Chief Afzal.

The department is reviewing its policy to ensure it meets the Americans with Disability Act, Afzal said.

The Professional Standards Bureau also recommended new training and policy for officers interacting with people with disabilities, Afzal said.

He also said Dayton police will continue to look for ways to improve officers' training and education and ways to build relationships and trust within the community.

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