The eight Akron officers who shot and killed Jayland Walker didn’t violate police policies, the Akron Police Department concluded in an internal investigation.
“I found that the facts and circumstances of this tragic shooting show that the officers had an objectively reasonable belief that Mr. Walker was armed and by his conduct presented an imminent risk of serious bodily injury or death to them and/or their fellow officers,” Chief Steve Mylett said in an executive summary of the investigation.
Walker was shot by police on June 27, 2022, after fleeing first in his car and then on foot. He was unarmed as he ran away, but a state investigation found that he fired a gun out of his car window while fleeing. A gun was recovered in his car after he was shot and killed.
Mylett asked the Ohio Bureau of Criminal Investigation to handle the criminal investigation into the shooting. BCI presented its findings to a special grand jury, which declined to indict the officers for any criminal offenses.
The police department then conducted its own investigation into whether the officers violated any policies or procedures.
Mylett released a three-page executive summary of that investigation Tuesday afternoon. The Beacon Journal has requested the full internal investigation, which is being reviewed by the city’s law department, according to Capt. Michael Miller, a police spokesman.
The city declined to comment further on the internal investigation, pointing to a pending federal lawsuit filed by Walker’s family.
The eight officers were initially placed on administrative leave, but later returned to desk duty and have since returned to regular duty.
More:8 Akron officers back on full duty as Jayland Walker shooting probe nears end
Internal probe prompts different reactions
The results of the internal investigation prompted varying responses Tuesday.
The Akron police union issued a statement that said the union agreed with both the conclusions of the criminal and internal investigations.
“Unfortunately, Jayland Walker created dangerous circumstances which led to the use of deadly force,” the union said.
“Though tragic,” the statement added, the officers were within “the law and agency policy.”
Akron NAACP President Judi Hill said she was not surprised by the department’s findings.
“What would you expect him to say?” Hill asked. “What would anyone expect them to say? When the state has said that what they did was OK, why would they say anything different?”
Hill said she previously took issue with the state’s finding that the officers did not use excessive force.
“I didn’t agree with what the Attorney General’s Office found, nor do I agree with this,” she said. “I think it’s unfortunate.”
Bobby DiCello, one of the Cleveland attorneys representing the Walker family, encouraged people to read what Mylett wrote.
“He said Jayland’s shooting ‘was in compliance with the policies of the Akron Police Department,’” DiCello said in a written statement. “That says it all. While not unexpected, it is exactly this position that makes it critical for us to continue the lawsuit on behalf of Jayland Walker’s family. In fact, it is exactly because of this position, that we look forward to moving this case further through our justice system.”
Investigation focused on internal police policies
The purpose of the internal investigation was to determine if the officers violated any policies or procedures. It was overseen by Lt. Scott Lietke.
The investigation concluded that the officers didn’t violate internal policies by:
- Using deadly force against Walker because they believed there was an “imminent risk of bodily harm or death.”
- An officer having an extension to his magazine that increased his capacity by six rounds. The officer said he was told this was permissible. The department didn’t have clear language addressing this. The policies were adjusted “where needed.”
- Two officers who joined the pursuit of Walker without the authorization of an on-duty supervisor and two officers who didn’t immediately turn on their body-worn cameras.
- An officer who used his cruiser to block Walker’s door. The investigation found this was “reasonable given the situation.”
- Two officers who deployed Tasers, which were unsuccessful at stopping Walker from fleeing.
Officers thought Walker was still armed, planned to fire at them, chief says
After Walker exited his vehicle, Mylett said in the summary that Walker was wearing a ski mask, refused commands to show his hands, turned toward officers, reached into his waistband and raised his arm in a shooting posture.
“This caused officers to believe he was still armed and intended on firing upon officers,” said Mylett, who is retiring at the end of the year. “Officers then fired to protect themselves and their fellow officers.”
After reviewing the BCI investigation, Lietke’s internal investigation and the city’s policies, Mylett said he concluded that the use of deadly force was “objectively reasonable” and the officers complied with the use-of-force policy.
“This was a very dynamic, dangerous and fluid event and all officers were focused on safely apprehending the fleeing suspect and when presented with a reasonably perceived life-threatening danger, acted to protect themselves and their fellow officers,” Mylett said.
More dialogue and change are needed, local leaders say
U.S. Rep. Emilia Sykes, D-Akron, said in a statement Tuesday that “there is still significant work that needs to be done to rebuild trust” between the police department and community.
“This report does not eliminate the need for ongoing conversations about how to move forward together as a community and ensure meaningful actions that will keep everyone in our city safe,” she said.
Sykes said she continues to urge the Department of Justice to do an investigation into the Akron Police Department’s patterns and practices.
Akron Mayor-Elect Shammas Malik said in an Instagram post that he accepted the grand jury’s determination, but also expressed concern over the “amount of force used during the video of Jayland’s final moments.”
“As my administration takes office in January, we will review APD policies, procedures, and training, and take all appropriate steps to make deadly incidents less likely,” Malik wrote. “We will work with our community and our police force to ensure that every person in Akron is treated with dignity and respect in all interactions with our city government.”
Hill said she found it concerning that lapses were found, such as the officer who said he was told he could carry an extended magazine.
Hill said she hopes the review will serve as a positive catalyst for change after Mylett leaves at the end of the year.
“I’m hoping that we’ll have a police chief that will not only look at issues like this but will have a good grasp of what we’re going to need to move Akron forward,” she said. “I hope that our new police chief will honestly look at taking new steps and address them.”
Kemp Boyd, chair of the Akron’s Citizens’ Police Oversight Board, said Tuesday afternoon that he had not had time to thoroughly read either the chief’s summary or the internal investigation.
“We need to kind of digest it and read it and look at it,” he said. “Some of our due diligence is going to talk about it collectively as a board, but also, you know, to see where it goes.”
“I think it’s going to be a great starting point for us to kind of look at some of these things, absolutely,” Boyd continued.
Stephanie Warsmith can be reached atswarsmith@thebeaconjournal.com, 330-996-3705 and on X: @swarsmithabj. Eric Marotta can be reached at emarotta@gannnett.com.
This post was originally published on this site be sure to check out more of their content.
