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http://www.10tv.com/article/cellpho...ontation-between-columbus-police-and-fugitiveCell phone video shows Columbus officers kicking and punching suspect
COLUMBUS (WCMH) — A cell phone video circulating on social media shows Columbus police kicking and punching a suspect during an arrest inside an east side neighborhood market.
Court records show police charged 31-year-old Timothy Davis with resisting police. Davis has a criminal history that includes multiple charges of resisting arrest and assault and there was an outstanding warrant for his arrest.
The criminal complaint says Davis “tensed up to fight” after being told he was under arrest. “Officer grabbed a hold of Mr. Davis and he pulled away. He then took an officer to the ground, fighting and biting officers.”
The video, taken by a bystander, shows officers trying to restrain Davis. Officers repeatedly tell Davis to put his hands behind his back and to stop resisting. The officers can be seen repeatedly punching and kicking Davis.
Police Spokesman Sgt. Dean Worthington says the level of force used depends on what the behavior of the suspect is at the time. “We are allowed to punch and we are allowed to kick,” Worthington said. “That’s part of our use of force continuum and it all depends on what the behavior of the suspect is at the time. Certainly, we don’t want to go out there and punch citizens of our city but we have the authority, we have the responsibility to arrest people and sometimes arrests can be ugly.”
Some of the reaction on social media has been to call for a boycott of the store suggesting the store owner bears some responsibility for what happened. But owner Jehad Elzaben says he’d never seen Davis before and that the incident, good or bad, had nothing to do with the store. “Like a customer saying, why I don’t stop the police. We cannot stop the police, this is the police. Anybody have a problem with the police go to police station and let them know.”
Sgt. Worthington said the incident will be reviewed by police internal affairs to determine whether or not the use of force was within police policy.
Cellphone video captures confrontation between Columbus Police and fugitive
A family is demanding justice after a violent confrontation between Columbus Police and a wanted fugitive was caught on camera.
The ordeal began on September 1 in the 1600 block of East Livingston Avenue when plain clothes Columbus police officers attempted to arrest 31-year-old Timothy Davis. Police say Davis had several warrants for his arrest.
A cellphone camera was rolling as Davis wrestled with the officers.
The video shows officers punching and kicking the suspect as they struggle to handcuff him. The officers can be heard repeatedly telling Davis to put his hands behind his back, get down on the ground and stop resisting. 10TV has learned an officer deployed his taser several times but the officer reported it was "ineffective" on Davis.
A complaint filed in Franklin County Court says Davis took officers to the ground and bit them.
The Franklin County Sheriff's Office tells 10TV Davis was transported to the jail on the Sept. 1 and was admitted to the hospital the next day after complaining he was in pain. Davis' mother, Valerie Davis Johnson, told 10TV her son suffered kidney damage from being kicked.
"I was totally, totally shocked. I totally got sick. I was sickened...very sickened," said Johnson.
The president of the Fraternal Order of Police, Jason Pappas, said the officers' use of force was well within division policy.
"This whole situation was avoidable if Mr. Davis would have just complied with the officers' demands," Pappas said. "He chose his course, which was to be a violent resister, and the officers were compelled, they're required to effect the arrest and they're required to use whatever force is necessary to effect the arrest."
This isn't the first time Davis has scuffled with law enforcement. 10TV has obtained police reports which reveal in September of 2016, Davis was charged with assaulting a Columbus police officer. He was accused of punching the officer in the face. In March of 2017, Davis was again charged with assaulting a peace officer in Kentucky where troopers say he led them on a chase at speeds reaching 120-miles per hour.
The Columbus Division of Police says the Internal Affairs Bureau is reviewing reports, witness statements and video to determine whether any of the officers used excessive force.
Davis is out of the hospital and behind bars at the Franklin County Jail charged with resisting arrest. His mother said the officers should pay for hurting her son.
"We're not out for revenge. But we are out for justice. That I want done," said Johnson.
About 30 people concerned over what they saw in the video showed up to the Columbus City Council meeting Monday night.
Several people voiced their frustrations to council members and Columbus Police Chief Kim Jacobs.
The community members called for a fair and transparent investigation, demanded the officers involved in the September 1st incident be fired, and put an end to the community safety initiative.
Columbus Police officer relieved of duty
The Columbus Division of Police has removed an officer from his patrol for “inappropriate and unprofessional comments” following an arrest earlier this month.
Police said the comments were heard after a review of body camera footage from the arrest of Timothy Davis.
It does not appear the officer in the footage was involved in the arrest of Davis, according to police.
"I am appalled by the statements made by this officer," Columbus Police Chief Kim Jacobs said in a released statement. "They are not consistent with the training of our officers. Accountability and transparency are vital to our entire community and every member of the division."
Jacobs said they have taken the officer's badge and weapon pending further investigation.
The comments will be investigated by the Internal Affairs Bureau. The arrest of Davis also is being investigated by Internal Affairs.
Concerned community members address city council after violent arrest video
COLUMBUS (WCMH) — The video of Timothy Davis’ arrest has sparked major controversy in some of the Black communities of Columbus.
Some of those community leaders expressed their demands during an open session of Monday’s City Council meeting.
“That video was horrible,” said one community activist. “It looked like a street fight.”
There were a lot of emotions and demands toward city leaders to correct the problem many people in the Black community see with the Columbus Police Department.”
“I’m asking for an investigation that’s fair and transparent,” said another community activist Kenny Brown.
Police Chief Kim Jacobs who came to hear the concerns. She said this incident has been under investigation since September 2, the day the arrest happened.
Tammy Fournier Alsaada of the people justice project demanded answers soon.
“So we’re giving you seven days to explain this video to the citizens of Columbus.”
Chief Jacobs explained that investigations could take weeks and they are still looking for more evidence.
“Investigations do take time, unfortunately,” said Chief Jacobs. “We don’t have everything available to us at the moment. Seven days is a stretch to get an investigation done.”
Concerned citizen Stacy Little says something needs to be done in the streets of Columbus.
She didn’t know the man arrested but wants to see a positive change in the way CPD polices all of its communities especially the Black neighborhoods.
“Our residents and our people should not be aggressively policed that is not the way to go about solving quote, unquote crime,” said Little
Many of the community members said they would be back at City hall next Monday and expect answers from Chief Jacobs.
Protesters demand Columbus investigate police use of force
Community activists and others are demanding that Columbus City Council investigate the arrest of a man who they say was beaten and injured by police in a convenience store earlier this month.
They also listed a host of other demands at Monday’s council meeting, including the firing of the officers involved in the incident. And they want a response by next week.
“I need an answer. I want to know,” said Tammy Fournier Alsaada, an organizer with the People’s Justice Project, who led the group of about 40 protesters.
What prompted the protest and demands was a Sept. 1 incident when police went to arrest Timothy D. Davis, 31, of the South Side, who was charged with resisting arrest when plainclothes officers tried to take him into custody at a convenience store at 1619 E. Livingston Ave. in the city’s Driving Park neighborhood. Police were looking for him on outstanding warrants after Davis allegedly assaulted and injured Columbus police officers trying to arrest him on other warrants a year ago.
The four-minute video from Sept. 1 begins with Davis already on the ground. Two officers are initially struggling with Davis, one officer punching him five times in the back as Davis resist the officers telling him to put his hands behind his back so they can cuff him.
The struggle continues, with several officers joining in and trying to subdue Davis, whose pants come off at one point while they try to get him under control. Officers can be heard telling him to stay on the floor and put his hands behind his back — using profanity numerous times. The struggle then goes out of view behind a display rack at the store, but officers can still be heard yelling with profanities for Davis to comply. Eventually, he is subdued and taken into custody.
Police demanded the cellphone of the man who videotaped the incident, but he refused to give up the phone.
The protesters told council that Davis suffered injuries to his kidneys, and should be released from Franklin County jail to a hospital. He arrived for his first appearance or bond hearing in a wheelchair.
“That video was horrible. It looked like a street fight,” a crying Jodi Howell, one of the protesters, told city council.
According to the complaint filed in Franklin County Municipal Court, officers identified themselves and told Davis he was under arrest. Davis said he wasn’t, and “tensed up to fight,” according to the complaint.
It goes on to say that officers grabbed Davis, who then pulled away. Davis then took an officer to the ground, “fighting and biting officers.”
Jason Pappas, president of Fraternal Order of Police Capital City Lodge No. 9, said from what he has seen, the police action “looks completely justified to me.”
Columbus City Councilwoman Jaiza Page said after reviewing the video that it’s clear there was a struggle that needs to be looked into further. As far as an investigation being finished by next week, “I don’t know if we should want something done that quickly.”
Council President Zach Klein said, “I expect that a through investigation take place into what has transpired.”
Police Chief Kim Jacobs said before the meeting that the investigation into the Sept. 1 incident could take a couple of months.
Davis has a violent criminal past, including convictions for aggravated robbery and kidnapping, and spent at least six years in prison.
For an incident on Sept. 16, 2016, Davis is charged with resisting arrest, possession of marijuana and drug paraphernalia. Six days later, Davis was charged with resisting arrest and assaulting a police officer in another incident.
On Monday, Davis was indicted by a Franklin County grand jury on charges of felonious assault, assault and obstructing official business, all felonies, for the Sept. 22, 2016, incident.
The protesters at the council meeting, African-American and white, also issued other demands connected to incidents involving police, including the shooting deaths of Henry Green and 13-year-old Tyre King:
• Support banning the Community Safety Initiative, the enforcement blitz police use in the summer in high-crime neighborhoods.
• Support mandatory drug testing for officers involved in “inappropriate” use of force actions.
• Urge Mayor Andrew J. Ginther and Public Safety Director Ned Pettus to fire Chief Jacobs.
Columbus officer on desk duty over comments caught on bodycam
A Columbus police officer has been placed on desk duty after he made comments to other officers about how he would have choked a suspect who had resisted arrest.
Officer Joseph Bogard, 32, showed up for an officer-in-trouble call on Sept. 1 at a South Side convenience store after officers already had 31-year-old Timothy Davis in custody.
A group of plainclothes Columbus police officers were captured on a citizen’s cellphone video using profanity during the struggle to arrest Davis, who refused to comply with officers instructing him to put his hands behind his back so he could be handcuffed. Initially, two officers struggled with Davis, one of whom punched Davis multiple times in the back before the suspect eventually was subdued with help from other responding officers.
Outside the store, Bogard makes comments about the suspect as he is lying on the ground. Then as he another officer are walking away from the scene, Bogard can be heard on his own bodycam video saying what he would’ve told Davis: “I’m going to for real arm bar you, and when that still doesn’t work, I’m going to choke the life out of you. While you’re drooling on yourself, I’ll handcuff you.”
Officers’ remarks traditionally considered private conversations between one officer to another are now public because of body cameras. Bogard’s comments drew strong reaction from the chief of police and the mayor.
“I am appalled by the statements made by this officer. They are not consistent with the training of our officers,” Police Chief Kim Jacobs said Wednesday in a released statement. Bogard, who has been a Columbus police officer for four years, had his badge and weapon taken and he will work desk duty until an internal investigation is completed.
Davis’ mother has filed a complaint with the division saying excessive force was used. He arrived for his initial court appearance in a wheelchair and is being held in the Franklin County jail. The police division is reviewing the use of force in that arrest separate from Bogard’s comments.
Columbus Mayor Andrew Ginther said he viewed the body camera video in the Bogard case and he strongly supports Jacobs’ swift action to remove Bogard from active duty while the matter is investigated.
“The officer made comments I found unacceptable, disturbing and inconsistent with the values of the community,” Ginther said in a brief press conference Wednesday evening at City Hall.
Ginther said the police internal affairs bureau will need to thoroughly investigate the incident. He said it’s important not to let this incident erode the trust of people.
“This does not represent the many great women and men who work for the Columbus Division of Police,” Ginther said.
In a statement issued after the press conference, Ginther added: “This is unacceptable behavior for Columbus police officers – or any city employee – and cannot be tolerated.”
Jason Pappas, president of the Fraternal Order of Police Capital City No. 9 Lodge, which represents Columbus police, said in a statement that Bogard, “in a moment of frustration after having seen the mayhem created by this violent suspect, made statements that he now regrets. We agree with the officer that his statements were not appropriate.
“The officer is sincerely apologetic for his remarks, and he understands that he may be subject to discipline for his statements,” Pappas said. He added that Bogard’s comments “in no way relate to the appropriate and lawful actions taken by the arresting officers” in the Davis case.
The citizen’s cellphone video of Davis’ arrest, which police initially sought to take, is the latest case showing officers using force on video. The incidents have resulted in demonstrations and citizens appearing before city council. On Monday night, a group of protesters presented a list of demands to council revolving around police reforms.
In the wake of the cellphone video of Davis’ arrest going viral, police said 36-year-old John Odoms posted a comment Sept. 10 on Facebook stating: “Columbus we have to start killing cops. And their family. ... We have nowhere to go. They own everything.”
He also made remarks about raping officers’ wives.
A division-wide safety alert was issued about the comments by Odoms, who was wanted on outstanding warrants from Delaware County for open container and marijuana possession after he failed to appear in court there.
On Tuesday night, patrol officers in an unmarked car on the Northeast Side spotted Odoms, broke out his car window and arrested him on the warrant. Columbus police also added new charges of marijuana possession and illegally carrying a Hi-Point gun against Odom after those items were found on him.
Investigators are still reviewing whether Odoms can be charged for the Facebook post.
Every time video goes viral showing Columbus police using force, officers receive threats on social media, according to a few officers who spoke to The Dispatch on condition of anonymity.
“Anecdotally, I’d say they have absolutely been on the increase,” said one officer.
If a police analyst runs across a threat against police posted online on social media, the poster is researched and police weigh the likelihood of the threat getting carried out. Concerns are heightened if the post is made by someone with a violent record.
FOP leader Pappas called Odoms’ Facebook post “garbage.”
“It’s my opinion this kind of stuff happens when false narratives and constant barrages of negative and inflammatory coverage is being disseminated on social media and via the media outlets,” he said.
In recent years, with the number of police officers getting killed in ambush attacks across the country, alerts are issued across the division for Columbus officers to keep their guard up when posts surface.
“We have to be more vigilant. Those situations have happened,” said an officer.
Man claiming police brutality says he needs wheelchair to appear in court
A hearing at the Franklin County Courthouse was continued for a second time in a week after a Columbus man who claims he's a victim of police brutality was denied a wheelchair.
Timothy Davis' attorney, Lori Brown-Johnson, said Davis can't walk because of a violent confrontation with Columbus police. The incident on September 1 was captured on a cell phone camera. The video shows police officers punching and kicking Davis who officers say was resisting arrest.
Davis was expected in court Friday morning to answer to a charge of felonious assault. The charges stem from a case in 2016 where he's accused of assaulting a Columbus police officer. For the second time in a week, he was a no-show.
"He's more than willing to come to court," said Brown-Johnson. "He's unable to walk. Mr. Davis was beaten brutally by the police. He's simply asking for a wheelchair."
The confrontation with police earlier this month sent Davis to the hospital for several days. The Franklin County Sheriff's Office told 10TV an independent medical examination determined a wheelchair is unnecessary.
Davis' attorney said he was in a wheelchair when she visited him in jail on Tuesday, but he was denied a wheelchair for court on Wednesday.
Brown-Johnson said she believes authorities don't want media coverage of the court hearing to expose the extent of Davis' injuries.
What it seems like is they don't want the truth to be known. That he is so badly beaten that he needs a wheelchair," said Brown-Johnson.
Davis' attorney said she doesn't know if it was a doctor or a nurse who examined her client and she said she hasn't been permitted to see him since Tuesday.
Despite an objection from the Franklin County Prosecutor's office, the court ruled without a waiver signed by Davis giving up his right to be in the courtroom. The decision was to reschedule the hearing for Monday.
The Columbus Division of Police Internal Affairs Bureau is reviewing the video and officer and witness statements to determine whether the officers used excessive force when Davis was arrested.
The Fraternal Order of Police, the union representing the officers, said they are allowed to punch and kick a suspect who is resisting arrest. FOP President, Jason Pappas, said he's confident the officers acted within Division policy.
Davis' mother has told 10TV she wants the officers terminated.
Police chief tells officers she’s ‘sad and embarrassed’ by patrolman’s comments
Columbus Police Chief Kim Jacobs did not mince words when addressing her officers after one patrolman’s body camera picked up his comments about how he would’ve choked a suspect during an arrest.
“Policing is tough enough as it is, but we don’t need to make it harder on ourselves,” she told more than 1,800 officers in a an email entitled “Sad and Embarrassed” sent out Wednesday afternoon. “We are in the midst of another attack on our integrity by some people who believe we are brutal thugs. I have never believed that as a description of the type of work I see being done around here everyday.”
Officer Joseph Bogard was one of several responding officers who went to an officer in trouble call after plainclothes officers took 31-year-old Timothy Davis into custody Sept 1 at a Driving Park neighborhood convenience store in the South Side. Davis had open warrants for his arrest stemming from another assault on officers last year when they were trying to arrest him. It took several officers to take Davis into custody at the store after he resisted. Cellphone video of the arrest sparked outrage by community members, including social justice organizations, which were already pushing for policing reforms.
Bogard showed up after Davis was already being taken into custody and made comments to other officers about how he would’ve handled the arrest while his body camera and mic were activated.
“I’m going to for real arm bar you, and then when that still doesn’t work, I’m going to choke the life out of you. Then while you’re drooling on yourself, I’ll handcuff you,” Bogard said to another officer while walking away from the crime scene on the video. “Then when I get asked, ‘Why did you choke this [expletive],’ I’ll say because it’s better than shooting him and going to [expletive] jail.”
In the email, Jacobs said such words hurt all officers wearing the same uniform.
“It is situations like this that anger our friends and give fuel to those that already don’t trust us,” Jacobs wrote. “I haven’t lost faith in you but I have great concern about this particular officer as does his chain of command. ... I understand the uproar because the words said will never be appropriate in policing. Trust is critical to your safety and support from our community. When it breaks it is hard to win back.”
Jason Pappas, president of the Fraternal Order of Police Capital City Lodge No. 9, said Bogard regrets the statements he made that night.
“The officer is sincerely apologetic for his remarks, and he understands that he may be subject to discipline for his statements,” he said.
Bogard, who has been with Columbus Police four years, is now working a desk duty assignment until an internal investigation is completed.
By December 2018, approximately 1,300 Columbus police officers will be outfitted with body cameras.