Grand jury declines to indict Dayton officer who shot man armed with knife

A Dayton police officer who shot a 77-year-old man armed with a knife in August will not face criminal charges.

A Montgomery County grand jury declined to indict the officer in the Aug. 11 shooting.

The incident started after the Montgomery County Regional Dispatch Center received a call at 6:57 p.m. that appeared to come from Summit Behavioral Healthcare in Cincinnati. Dayton police Chief Kamran Afzal said it wasn’t clear what the caller was trying to report.

Dispatchers tried to call the person back five times but were not able to get additional information. Two officers were then dispatched to a building that serves as a residence and a mosque in the 700 block of North Broadway Street.

Body camera footage showed one of the officers going around the back of the building and asking whether anyone had called police. The officer walked around the backyard toward a shed. As the officer continued, he found a man standing between the side of the shed and a fence.

The officer is heard on body camera footage telling the man to drop a knife. The man then turned to the officer and started running toward him as the officer repeated commands to drop the knife.

The officer shot the man, hitting his chest, arm and leg, Afzal said.

This is a photograph of the weapon a man used before he was shot by a Dayton police officer.

Credit: Jim Noelker

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Credit: Jim Noelker

The man reportedly continued to hold the knife after the shooting.

The officer radioed about the shooting at 8:10 p.m. and requested medics. A Signal 99, or call for officer assistance, was issued a minute later.

At 8:14 p.m. officers requested less lethal force and crews arrived within two minutes. After about 13 minutes, police went in with a shield and took the knife from the man, Afzal said.

Medics staging in the area were able to approach and took the man to a local hospital with life-threatening injuries. During a press conference the next day, Afzal said the man was in stable condition.

The name of the officer who shot the man has not been released. The officer has been with the Dayton Police Department for two years and has received two written commendations, a letter of appreciation and no reprimands.

The man, who is now 78, was previously convicted of attempted murder in Maryland in 1973. He was found not guilty by reason of insanity in a 2010 assault on a peace officer case, according to Montgomery County Common Pleas Court records.

Also in Montgomery County, he was sentenced to 12½ years in prison for aggravated robbery, assault on a peace officer and vandalism in 2011.

As of Thursday, he has not been charged in connection to the August incident.

This is a screenshot from a Dayton police officer bodycam of an officer involved shooting on Sunday. BODYCAM

Credit: Jim Noelker

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Credit: Jim Noelker

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