No indictment in Dayton police-involved shooting

UPDATE @2:45 p.m. (Dec. 17): A Montgomery County grand jury has declined to indict Dayton police Officer Raymond Dine in a deadly officer-involved shooting in November.

UPDATE @ 5 p.m. (Nov. 17): Officer Raymond Dine was justified in shooting John R. Smelko, Dayton Police Chief Richard Biehl said during a news conference. He said Smelko would be alive had he followed the officers' instruction when they responded to a call at the man's home.

“Putting that firearm through that opening in the door — he had to lift it up and put it through the top of that door — that’s clearly an intentional act, and it is a clear obvious imminent threat of serious physical harm or death,” the chief said.

UPDATE @ 11:14 a.m.: The names of a Dayton police officer and the man he shot and killed late Sunday night have been released.

Officer Raymond Dine reportedly shot John R. Smelko at a home at 1101 Huffman Ave., officials said.

Smelko had no felony record in Montgomery County Common Pleas Court, but did have misdemeanor assault charges in Dayton Municipal Court in 2005 and 2013, all of which were withdrawn, according to court records.

Smelko’s autopsy is being performed today.

FIRST REPORT

A 40-year-old Dayton man is dead in a police-involved shooting in East Dayton late Sunday.

Two Dayton police officers were responding to a disconnected 911 call at 1101 Huffman Ave. prior to the shooting, according to Dayton Police Chief Richard Biehl.

The officers knocked on the home’s front door, which was opened “a crack,” and the officers saw a hand with a gun pointed at them. One police officer fired one shot, hitting a 40-year-old white, male inside the home, Biehl said.

“Officers repeatedly gave the individual orders to show his hands,” Biehl said. “At some point, the male suspect produced a firearm, pointed at the police officer and the police officer fired a shot, fatally killing the suspect.”

Police expect to release more information later today.

The shooting occurred around 11:50 p.m. Sunday.

Initial reports are that a man was shot in the chest.

Police have not released the name of the shooting victim or the officers involved. The officer who fired the shot has been placed on paid administrative leave pending the outcome of an investigation into the use of force, Biehl said.

The street was blocked by police tape while several crews investigated.

This is the second fatal police-involved shooting in a week in the area.

On Thursday, officers in Montgomery County’s Butler Twp. were involved in a shooting that killed Andrew Brady Davidson, 33, of Arcanum.

Davidson’s car was stopped by Butler Twp. officers in the parking lot of a restaurant on Miller Lane. Davidson threatened to kill officers and got out of his car and moved toward two officers holding a knife, according to a statement by the police department. The two officers, Sgt. Todd Stanley and Officer Amy Carter, fired four shots, killing Davidson.