Akron’s independent police auditor has challenged the ruling on a use-of-force investigation that cleared a police officer of wrongdoing in an arrest this June. On Wednesday evening, the Citizens’ Police Oversight Board voted unanimously to accept the auditor’s report.
The other five officers involved in detaining and arresting Michael Juersivich Jr. on Market Street downtown in June acted appropriately, auditor Anthony Finnell said, other than when some provided ambiguous orders to the man.
Juersivich’s address in court documents related to the June arrest is listed as 150 Cross St., which is the location of Community Support Services. The agency provides services to clients with severe or persistent mental health illnesses. Court records from a September 12 arrest list him as homeless.
The arrest occurred on June 9 after a man reported to police that Juersivich threw orange juice on him outside of the Main Library branch on South Main Street. When an officer located Juersevich on East Market Street, Finnell’s report states the suspect ran away before he “attempted to throw himself on the hood of a patrol car.” The officer got out of his car, Finnell’s report states, and the two struggled, both rolling on the ground.
Officer Oscar Alatorre was one of a group of officers who quickly responded, joining in the effort to subdue and handcuff Juersevich. The other officers acted in a way “one would expect a professional law enforcement officer” to act “when dealing with a non-compliant subject who appeared to be in mental distress and an agitated state of mind,” Finnell stated in his report. But Finnell has “concerns” with Alatorre’s conduct “throughout this incident.”
When other officers had the man on the ground, Alatorre punched him in the shoulder while yelling for him multiple times to “get the fuck on your back.” Other officers were verbally and physically trying to get Juersivich on his stomach in order to handcuff him, based on descriptions of body cam footage in Finnell’s report.
Alatorre released his grip on Juersivich and pulled out his stun gun, telling his colleagues to “watch out, watch out, watch out” and then “proceeded to deliver a drive stun to the abdomen of the suspect” while his colleagues were rolling him onto his stomach.
“The drive stun did not aid in the officers gaining compliance from Mr. Juersivich,” Finnell wrote. “Instead, it causes an adverse effect resulting in Mr. Juersivich tensing up his body and ceasing to roll over onto his stomach.”
Alatorre and the suspect, now handcuffed and on his feet, then had a verbal exchange before another officer “directs” him “to walk away and disengage with the suspect.”
CPOB approves auditor’s recommendation to APD
In his report, Finnell states Alatorre:
• Inappropriately punched Juersivich.
• Gave him orders that contradicted what the other officers told him to do.
• Inappropriately used a stun gun on him, which made it harder for other officers to handcuff him.
• Swore at him.
At Wednesday night’s CPOB meeting, the board voted to approve Finnell’s recommendation that the APD switch its finding on the officer’s use of force from “objectively reasonable” to “not objectively reasonable” and for the officer to face disciplinary actions consistent with that determination.
It will next be sent to the mayor’s office, police department, and Akron City Council. It is still unclear whether any of the entities will take action.
The CPOB also voted to request an APD investigation to determine if Alatorre violated the department’s professionalism policy for swearing at the man.
No response to prior reports
Finnell told Signal Akron he still has not received a response from Mayor Shammas Malik, the police department, or Akron City Council regarding any of his previous reports on separate incidents, including the first report he issued five months ago that challenged the APD’s handling of the Dierra Fields body slam case.
Under the Akron City Charter that created the CPOB and the independent auditor position the mayor, police, and City Council aren’t required to do anything with Finnell’s reports.
As Signal Akron reported last week, Malik failed to respond to the April report challenging the controversial arrest and body slam of Fields as he promised in July. That response, the mayor’s office and police said, is now expected by the end of September.
“At this time,” Finnell said during the CPOB meeting on Wednesday evening, “it’s yet to be seen what actions or what that process will be like.”
