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Published: Tuesday, January 20, 2015 @ 10:52 AM
Updated: Monday, January 26, 2015 @ 6:21 PM
TROY — A man shot and wounded by a Troy police officer Jan. 20 remains in custody as the investigation continues. Here are the key facts:
UPDATE @ 6:12 p.m. (Jan. 26): Police responding to a welfare check shot and wounded Kenneth Coleman Jr. after he refused to drop a knife while walking toward the officer yelling “shoot me,” according to an affidavit filed with a request to search the man’s apartment.
Coleman was shot in the legs Jan. 20 by Troy Patrolman Jim Short, who remains on paid administrative leave pending the outcome of the investigation.
Coleman was treated at Miami Valley Hospital before being evaluated by a mental health team and taken to a mental health facility Jan. 21. He is charged with felonious assault.
Police were called to the apartment at 1065 Mayfield Drive on the city’s northeast side around 10:30 a.m. on a request to check the welfare of an occupant. A neighbor reported hearing screaming and loud noises.
UPDATE @ 5:30 p.m. Jan. 22: A Troy man shot Tuesday morning by a police officer responding to call for a welfare check at an apartment has been released from Miami Valley Hospital in Dayton and taken to a mental health facility, according to Troy police.
Kenneth Coleman Jr., 31, was shot in the legs by Patrolman Jim Short after Coleman, who was armed with a knife, allegedly refused to put the knife down.
The incident, which took place outside Coleman’s apartment at 1065 Mayfield Drive is under investigation by the Ohio Bureau of Criminal Identification and Investigation.
Short was placed on administrative leave pending the investigation. He has been with the department since May 1998. A charge of felonious assault was filed against Coleman in Miami County Municipal Court. An arraignment date has not been set.
UPDATE @ 5:53 p.m. (Jan. 20): Veteran Troy police Officer Jim Short is on paid administrative leave after he shot Kenneth Coleman Jr., who was wielding a knife outside an apartment building in the 100 block of Mayfield Drive.
Kenneth Coleman Jr., 31, shot in the legs and taken to Miami Valley Hospital, is expected to survive.
Short, 44, fired when Coleman refused to put down a knife outside the building, Capt. Joe Long said. Short has been with the department since May 1998, according to his personnel file.
The shots were fired before any other officers arrived, the captain said. The number of shots fired is still being determined. Long said witnesses reported hearing two to three shots.
Long said police would be filing a felonious assault charge against Coleman. The Ohio Bureau of Criminal Identification and Investigation is handling the investigation.
Neighbor Robert Kelley said he called 9-1-1 after hearing banging and Coleman “screaming at the top of his lungs.” He said he heard gunshots while crossing the street to go to a friend’s house after making the call. He said Coleman generally “keeps to himself,” adding “it is unfortunate something like that had to happen.”
Long said police were “very familiar” with Coleman and previously had handled calls at the apartment involving loud music and disturbances. The last criminal charge against him in the county was in 2009, according to Municipal Court records. Past charges mostly involved misdemeanors including assault, disorderly conduct and criminal trespass. Some of the charges were dismissed.
Tuesday’s incident is the third officer-involved shooting in Troy since 2013. The two previous incidents resulted in fatalities.
Al Pickett, 52, died Aug. 20, 2013, when shot by officers responding to a disturbance at his ex-wife’s apartment. Franklin Jones III, 30, died Dec. 29, 2013, after shooting another Troy man in the buttocks in a dispute. He fired at police responding to reports of gunshots in a residential area. They returned fire, killing him.
UPDATE @ 1 p.m.: The man shot by a Troy police officer has been identified as 31-year-old Kenneth G. Coleman Jr.
Witnesses reported hearing multiple gunshots in the incident. Coleman’s condition was not available, but he was expected to survive.
The officer involved has not been identified, but he is a veteran Troy police officer, said Capt. Joe Long. The officer involved has been put on paid administrative leave per routine police policy for officer-involved shootings.
UPDATE @ 11:45 a.m.: Troy Police Capt. Joe Long said the officer involved was dispatched on a welfare check/disturbance after the dispatch center received a complaint about loud music coming from an apartment.
The officer confronted a man who was wielding a knife outside the rear of the apartment. The man was shot in the legs, according to Long.
“Our officer confronted the subject and shots were fired with the suspect being hit and the suspect being transported to Miami Valley Hospital,” Long said.
UPDATE @ 11:30 a.m.: The man who was shot has been taken to Miami Valley Hospital.
The Ohio Bureau of Criminal Investigation has been called in to investigate the officer-involved shooting.
WHIO’s Steve Baker will have a live report from the scene during the noon newscast.
UPDATE @ 11:18 a.m.: A Troy officer was responding on a welfare check and the officer shot a man in the legs, authorities said.
The person who was shot was taken to hospital. He’s expected to survive.
Mayfield Drive was blocked to traffic by police caution tape as the investigation gets underway.
UPDATE @ 11:10 a.m.: A male was shot in an officer-involved shooting, Baker reports.
Troy police are at the scene. A life squad was observed leaving the scene.
We’re working to learn more about what happened.
WHIO’s Steve Baker is en route to the scene of a reported shooting at an apartment in the 1000 block of Mayfield Drive in Troy.
Troy police called for medics shortly after 10:30 a.m., according to scanner traffic.
Published: Saturday, January 20, 2018 @ 1:02 PM
Updated: Tuesday, January 23, 2018 @ 5:29 PM
HARRISON TWP. — UPDATE@ 5:25 p.m.
According to the Montgomery County Sheriff’s Office, they plan to present a case to the prosecutor’s office regarding possible charges for the involved officer. That case is expected to be presented by the end of the week.
UPDATE @ 4:40 p.m. (Jan. 23):
Dayton police have identified the officer who fired shots during an investigation outside Lev’s Pawn Shop on Salem Avenue Saturday.
Det. Justin Saunders fired his service weapon after the driver of a suspect vehicle “attempted to strike a detective with the vehicle,” according to a prepared statement from the department.
Joshua A. Craver and William Goodwin, both 18, were arrested at 3351 Salem Ave. by Riverside police on suspicion of aggravated burglary.
Two Dayton detectives who had been in the area working on an unrelated issue responded to the pawn shop after Riverside police requested them “due to stolen property from previous offenses being pawned at that location,” Dayton police said.
Saunders has been with the department since Aug. 2008 and is currently on paid administrative leave, while an administrative investigation is conducted.
The Montgomery County Sheriff’s Office is conducting the criminal investigation in the case.
UPDATE @ 7:30 p.m.
Two people are jailed in connection with an incident late this morning outside Lev’s Pawn Shop in Harrison Twp. that led a Dayton police detective to fire his service weapon.
Joshua A. Craver and William Goodwin, both 18, were arrested at 3351 Salem Ave. by Riverside police on suspicion of aggravated burglary.
They are in the Montgomery County Jail awaiting formal charges, online records show. Goodwin also was booked on numerous warrants for misdemeanor and minor misdemeanor infractions.
UPDATE @ 2:05 p.m.
Two people are in custody following an officer-involved shooting late this morning in the 3500 block of Salem Avenue.
No one was injured, and the coroner’s office did not respond to the scene, despite earlier reports.
#SalemAveIncident An officer involved shooting occurred in 3500 block of Salem Ave. NO officers or suspects were injured. Mont. Co. Sheriff's Office will conduct criminal investigation. We will handle administrative investigation.— Dayton Police Dept. (@DaytonPolice) January 20, 2018
Law enforcement responded to the area of Lev’s Pawn Shop, 3351 Salem Ave. in Harrison Twp.
Dayton police Maj. Eric Henderson said there were reports that a vehicle was spotted there that may have been involved in an aggravated burglary in Riverside, and that the suspects may have been trying to pawn weapons stolen in that incident.
“While approaching this vehicle there was immediate threat and officers discharged several rounds,” he said.
No one was injured when the Dayton detective fired his service weapon.
There are two, possibly three people in custody, Henderson said. The names and potential charges have not been released.
The Montgomery County Sheriff’s Office is investigating the incident, Henderson said.
Riverside is investigating the aggravated burglary in its jurisdiction, and the Dayton Police Department is handling its own administrative investigation, police said.
Yellow crime scene tape surrounded Lev’s Pawn Shop this afternoon as part of a police investigation.
Two people were seen in the back of a police cruiser.
Officers were called at 10:47 p.m. by Riverside police to the pawn shop, 3551 Salem Ave., in Harrison Twp., according to the Montgomery County Regional Dispatch Center. No information was available on what led police there.
A witness at the scene told our crew on scene that the incident began as a robbery, but dispatch did not confirm that report.
Published: Tuesday, January 23, 2018 @ 1:25 PM
— Moraine Police arrest records show how Dillon Abplanalp ended up in the Montgomery County Jail, where he died in custody Monday, though it may be weeks before the official cause of his death is determined.
Two Moraine police officers responded just before 7 p.m. on Jan. 14 to the McDonald’s on West Dorothy Lane, where employees reported a male in a tan Cadillac Seville passed out in the drive-thru lane.
The man police later identified as Abplanalp, 28, was unresponsive but woke up as officers repeatedly knocked on the car’s windows, which were locked.
Both officers wrote in a police report that they saw evidence of syringes visible in the car.
A search of the car and Abplanalp’s pockets turned up 38 syringes, 12 grams of heroin and a stolen 9 mm Taurus semi-automatic handgun loaded with hollow-point bullets, according to the police report.
Abplanalp was arrested for possession of drugs, receiving stolen property, carrying concealed weapons and having weapons under disability because of a prior felony conviction. He was also cited for have a fictitious car registration and no driver’s license.
The address given for Abplanalp on the police report corresponds to a homeless shelter, the St. Vincent de Paul Gateway Shelter for Men at 1921 S. Gettysburg Ave.
Abplanalp was transported to the county jail, where he died eight days later.
A preliminary hearing for Abplanalp, was scheduled for today in Kettering Municipal Court, but the case was dismissed because of his death.
Published: Tuesday, January 23, 2018 @ 5:21 PM
FAIRFIELD TWP. — Fairfield Twp. police arrested a 16-year-old male at Colerain High School in connection with last weekend’s shooting at Walmart.
The high school junior was arrested this afternoon on suspicion of aggravated robbery, a first-degree felony, and felonious assault, a second-degree felony. He allegedly robbed a 17-year-old in the middle of a suspected drug deal. Police also believe he shot the 17-year-old in the leg during the alleged robbery.
The teen was taken to the Butler County Juvenile Detention Center around 4:30 p.m. and will have an arraignment hearing at 8 a.m. Wednesday.
On Saturday, the 17-year-old was shot around 3 p.m. while he was in the driver’s side of a car in the Walmart parking lot on Princeton Road. The shot teen accelerated his vehicle and struck other vehicles and a shopping cart corral, according to police.
Capt. Doug Lanier said detectives are working to piece together surveillance video of the parking lot and have been in contact with the 17-year-old male and his family in gathering information. The 17-year-old was treated and released from West Chester Hospital.
The vehicle used to drop off the teen, and pick him up, from Walmart was a red 2007 Toyota Camry stolen Friday from Cincinnati. The vehicle has been recovered.
Published: Tuesday, January 23, 2018 @ 3:44 PM
Updated: Tuesday, January 23, 2018 @ 5:05 PM
UPDATE, 4:15 p.m.: A federal jury decided Tuesday that Montgomery County did not violate David O. Cooper’s 14th amendment rights when it didn’t provide a mattress for parts of his 2012 stay in the county jail.
The jury of six men and two women deliberated for about an hour before reaching its verdict in Dayton’s U.S. District Court. The lawsuit was the first of several against the county alleging abuse and/or neglect in the jail to reach trial. Four others ended with out-of-court settlements. Several others are pending.
“We are very pleased with today’s verdict,” said Mary E. Montgomery, the chief of the civil division of the county prosecutor’s office. “Montgomery County, and the Sheriff’s Office, accommodated the inmate in every way possible in order to protect him from his self‐harming behavior.
“The jury agreed with us, and determined there was no violation of his rights while he was incarcerated at the jail. Accordingly, the jury did not award the plaintiff any monetary damages.”
Major Matt Haines, who oversees the jail operations, issued a statement that read, in part: “Each day the staff of our jail is forced to deal with inmates who exhibit increasingly difficult and complex mental health illnesses and extreme behavioral issues. As the number of mental health beds in state and privately funded hospitals has diminished and the opioid crisis has crippled our region, the county jail has seen a surge in the number inmates with mental illness, addiction issues, or both.”
Plaintiff’s attorney John Helbling said: “I still think the conditions he was under were atrocious.”
Helbling said the jury had to find deliberate indifference to side with his client and that the Sixth Circuit Court of Appeals has not ruled that a mattress is a constitutional right for inmates whereas other jurisdictions have.
EARLIER: An 8-member federal jury is deciding if a mattress is a basic necessity of modern life and, along with it, the civil rights lawsuit of a former Montgomery County Jail inmate who sued the county.
The jury heard closing arguments Tuesday in Dayton’s U.S. District Court in David O. Cooper’s lawsuit against Montgomery County.
After lunch, U.S. District Court Judge Walter Rice gave instructions to the jury, which began to deliberate at about 2:30 p.m.
To prove liability and possibly award damages, Cooper’s attorney said he needed to convince the jury that one or more Montgomery County Sheriff’s Office employees violated Cooper’s 14th amendment due process rights “by depriving him of the minimal civilized measures of life’s necessities” and that they were deliberately indifferent.
Plaintiff’s attorney John Helbling also said he needed to prove that the custom and policy of the sheriff’s office was the moving force behind the actions.
Cooper, 35, has alleged that for about 3½ months of his nearly 8-month jail stay in 2012, he wasn’t provided a mattress and was forced to sleep in a brightly-lit, air-conditioned, noisy glass cell with no blanket wearing just a “suicide” robe.
“He begged and pleaded with them to get that mattress,” Helbling told the jury’s six men and two women. “The answer always came back the same: No.”
County attorney Mary Montgomery said round-table discussions were held by staff about Cooper, that “a mattress is not a minimum of life’s necessities” and that the jail did everything it could to keep Cooper alive. “If he had died, we’d still be here because they’d say we didn’t do enough.”
Both sides agreed that Cooper harmed himself in jail and those resulting in trips to medical and behavior health facilities.
“Even when he showed signs of distress, they didn’t do anything,” Helbling said. “The only place he’s being treated as a human was at a hospital.”
Montgomery said Cooper was one who drove his destiny and that the “jail was damned if they did and damned if they didn’t,” she said, adding later that he was conniving and manipulative. “He didn’t like being in the jail. Well, who does?”
If the jury finds Montgomery County liable of the 14th amendment claim, they could award damages to Cooper.
“We don’t want your sympathy. That’s not what this is about. It’s about right and wrong,” Helbling told the jury. “The only thing we can get for Mr. Cooper is to be adequately compensated. It was not a one-shot deal. It was month after month after month. What’s it worth? That’s up to you.”
Montgomery said the jury didn’t have to get any farther than the first part of the jury instructions.
“You don’t even have to get to damages,” she said. “He was not deprived of life’s minimum necessities. A mattress is not part of that.”
The civil lawsuit is the first of several filed against jail staff in recent years for alleged abuse and/or neglect to go to trial.
Four other cases have settled for $888,000 plus the county spent another $444,000 on outside legal counsel and litigation costs, according to county records. Other cases are pending.
JUSTICE IN THE JAILHOUSE: Lawsuits, accusations plague region’s county jails