Dayton police investigating MCSO pepper spray incident

Captain Judith Sealey placed on paid leave

Credit: DaytonDailyNews

The Dayton Police Department is investigating whether criminal charges are warranted for a Montgomery County Jail employee who pepper sprayed a restrained inmate, according to Sheriff Phil Plummer.

Plummer said in an interview today that he asked the city police department to investigate after seeing video of Judith Sealey — then a sergeant in the jail, though she has since been promoted to captain — using pepper spray on inmate Amber Swink, who was strapped down in a seven point harness.

“(Sealey) is not exempt from criminal prosecution, she is not exempt from termination,” Plummer said Wednesday. “She is going to be treated like everybody else.”

Sealey was placed on paid administrative leave last week, pending the outcome of the investigation.

Plummer said he had not seen video of the pepper spraying before Swink’s attorney filed a federal lawsuit and released the video publicly. He claims the video and other records have been stolen from the sheriff’s office.

Plummer said a separate, criminal investigation into the theft of those records is being handled by his office.

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