In a report released Thursday morning, newly hired Independent Police Auditor Anthony Finnell sharply criticized Akron police officer Thomas Shoemaker for body slamming and arresting an Akron woman in January. He also criticized a sergeant for not intervening in the incident and challenged the internal Akron Police Department investigation that praised Shoemaker’s actions.
A week before Dierra Fields, 24, is scheduled to go to trial in Akron Municipal Court on charges of resisting arrest and obstructing official business stemming from the incident, Finnell also said in his report that there was no probable cause for either charge against the woman.
Finnell called for an internal affairs investigation into Shoemaker and Sgt. Timothy Shmigal following Signal Akron’s report last week on the body slamming incident, which took place after a family fight at Fields’ Kenmore home. Her defense attorney, Imokhai Okolo, said he believes City of Akron prosecutors are only prosecuting Fields to avoid being found liable in a potential civil lawsuit related to the body slam. Okolo said Akron prosecutors previously offered to drop the charges against Fields if she agreed not to sue the city.
Finnell’s nine-page rebuke of the APD is the first public action taken on a use-of-force case since the Citizens’ Police Oversight Board was formed. The CPOB, created after Akron voters overwhelmingly approved Issue 10 in the November 2022 election in the wake of Akron police officers killing Jayland Walker that summer, hired Finnell as its first independent police auditor late last month.
Finnell suggested changing the “objectively reasonable” finding of the use of force involving the body slam to “not objectively reasonable” and to “take appropriate disciplinary action as warranted by such a disposition.”
“A video circulated through the media where [Fields] was body slammed by a police officer,” Finnell told the Citizens’ Police Oversight Board Wednesday evening. “So I examined that incident and, in short, I did not concur with the assessment and review of the APD internal affairs unit. I’ve since forwarded my completed report to [Acting Chief Brian] Harding and to members of the mayor’s office, and law department, as well as to board members here.”
The auditor recommended that the APD conduct an internal affairs investigation into Shoemaker and Shmigal, who was also inside the home and recorded the incident on his body-worn camera.
Finnell told the CPOB Wednesday he wants Shoemaker investigated for not following domestic violence procedures, for violating de-escalation policies, for “failure to document or report reportable use of force,” and also for issues with “custody, detention, and arrest.”
Shmigal should be investigated, he said, for violating de-escalation policies, for failing to document and report a use of force, and for failing to “intercede” in Shoemaker’s use of force.
The report is “a great highlight of the problems that we have in the police department, the problems that we have with individuals in the police department reviewing use of force, the leadership problems we have in the police department, and the city’s support of all of that up until now,” Okolo said after Wednesday’s CPOB meeting. “This definitely forces the city to say what they are going to do about this. This is the whole point of us getting a civilian review board. This is the whole point of us getting out here and advocating for change.”
Details from the report
Among the details Finnell said are left out of Shoemaker’s report are a second use-of-force incident against a 15-year-old family member who was screaming and swearing as she stood on a sofa in the living room.
Signal Akron is not identifying the teen because she is a minor. She and Fields were arguing about some drinks that were left out at the time Shoemaker arrived.
Shoemaker pushed the teenager down on the sofa as he yelled, “Sit the fuck down. If you get up again, you’re getting arrested.” The girl continued to yell and stand on the sofa, disregarding directions from both Shoemaker and Fields’ mother.
But Shoemaker focused on Fields, not on the minor who was causing the disturbance.
“For some unknown reason,” Finnell’s report states, “Officer Shoemaker made the decision to approach Dierra and begin to place her in handcuffs, instead of turning around to place [the minor] in handcuffs and gain control of the situation.”
The report states Shoemaker did not “provide Dierra with any direction or explanation as to why she was being placed in handcuffs.” In fact, he stated, “You are not under arrest; you are being detained and handcuffed.”
During this verbal exchange between the two, Fields asked to be able to go wait in her car with her two children, but Shoemaker told her she would not be going to her vehicle. As he worked to handcuff her, Fields turned her torso to question Shoemaker and the officer lost his grip.
“Without provocation by Dierra, Officer Shoemaker grabbed both of her arms, lifted her up and threw her face first towards the ground in an abrupt and aggressive manner,” Finnell’s report states.
Finnell disagreed with Sgt. Jason Belacic’s finding in the department’s internal investigation of the use of force that the takedown was “objectively reasonable.” Belacic praised Shoemaker in his report.
“I believe that Officer Shoemaker’s actions were not only justified, but reserved as well,” Belacic concluded. “It would have been very easy for someone in the same situation to lose their patience and react in a way that would reflect poorly on the Akron Police Department.”
But Finnell said that’s exactly what happened.
“Officer Shoemaker lost his patience with the situation and used force that was not justified against Dierra,” he wrote.