“It’s not what it looks like,” said Swink’s attorney, Douglas Brannon. “There’s not an issue.”
Swink had been listed by the Montgomery County Sheriff’s Office to be in the News Center 7 Thursday segment showing the Miami Valley’s Most Wanted. Brannon said the warrant was “not active.”
Late Thursday afternoon, a court entry stated: “The Court finds that the circumstances which resulted in the suspension of the Offender’s period of community control do not justify a violation of community control at this time.”
On Dec. 16, the probation office said Swink’s whereabouts were unknown since Oct. 19. Swink had been arrested in Brookville and charged for driving with a loud muffler. She allegedly missed related municipal court dates.
The lack of checking in with her probation officer violated Swink’s community control sanctions. Swink had pleaded guilty to assault on a police officer for breaking an officer’s eyeglasses in November 2015 before she was booked into the Montgomery County Jail and pepper-sprayed by then Sgt. (and now Captain) Judith Sealey. Swink was placed on five years’ community control.
Court documents show Swink was arrested Nov. 26 by Brookville police for failure to appear in municipal court on the muffler charge and failure to pay her fine.
Brannon said he’s representing Swink in the Brookville misdemeanor case and “she’s been fully cooperative and she will be at any future hearing.”
Swink sued Sealey, the county’s board of commissioners, Sheriff Phil Plummer, Capt. Chuck Crosby, then Maj. Scott Landis and various John and Jane Does who work at the jail for excessive use of force, among other charges.
Brannon said a scheduling conference will be held next week in Dayton’s U.S. District Court to set the case’s calendar.
Sealey is being investigated by the Federal Bureau of Investigation and Dayton police for pepper-spraying Swink. Sealey, who was promoted to captain months after the incident, was placed on administrative leave in October.
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