Swink was in court Tuesday to deny the allegations and had her probation revocation case pushed back until April 11. Her attorney, John Leahy, also asked Judge Dennis Adkins if Swink could be screened for the MonDay program. Part of MonDay’s mission is to focus on treating residents’ substance abuse.
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A different Montgomery County Common Pleas Court judge suggested Swink be kept in Miami County — not in the Montgomery County Jail where she was pepper sprayed.
Swink is on probation for assault on a police offer stemming from events before she was booked into the Montgomery County Jail in November 2015 and pepper sprayed by then-Sgt. Judith Sealey.
According to court documents, Swink has violated five conditions of her community control sanctions. They include leaving Ohio without permission, failing to provide verification of employment, failing to report to probation, using marijuana and failing to accomplish case plan objectives.
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Those objectives not met, according to the document, include failing to pay toward restitution of $315.98, not attending a parenting program, not attending victims of violence impact panel and not completing anger management.
Sealey has been on paid administrative leave since shortly after the pepper spraying video came to light on the website of Swink’s civil attorney. Swink brought a civil rights lawsuit against Sealey, Montgomery County Sheriff Phil Plummer and others.
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Federal court documents show Sealey and others from the Montgomery County Jail workforce are being investigated by Dayton police, the Federal Bureau of Investigation, the Dept. of Justice and the U.S. Attorney’s Office.
On Monday, Swink’s civil attorney filed his objection to sheriff’s office defendants motion to stay discovery until criminal cases are complete.
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