Officers cleared in deadly shooting of Harrison Twp. man who stabbed, injured father

A Montgomery County grand jury declined to indict officers who shot and killed 24-year-old Benjamin Cotton in March after he had charged at them with a knife during a standoff.

“This case was handled and presented to the Montgomery County grand jury by special assistant prosecuting attorneys from an outside county,” according to a release from the Montgomery County Prosecutor’s Office. “Upon consideration of all the testimony and evidence, the grand jury returned a no true bill, finding that under the circumstances the officers and deputies acted lawfully.”

Montgomery County Sheriff’s deputies and Dayton police responded early March 12 to the Cotton home in the 2200 block of Sherer Avenue in Harrison Twp. after they said Benjamin Cotton stabbed and injured his father and then barricaded himself inside the house.

During the standoff, Cotton came out of the house with a knife and “aggressively advanced” towards the deputies and officers despite commands to drop the knife, the release stated.

“Mr. Cotton comes out of the front door, armed with a knife … screaming incoherently and stabbing the knife in the air … in the direction of nearby officers and deputies,” Dayton police Chief Richard Biehl said during a March media briefing. “Officers and deputies gave Mr. Cotton multiple commands over 25 seconds to drop the knife and surrender himself. Mr. Cotton then begins advancing toward officers, forcing them to discharge their weapons in self-defense.”

Medics, which were staged nearby, were immediately called in for Cotton, who was pronounced dead at the scene.

Benjamin Price Cotton

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The officers who fired at Cotton were identified by Biehl as deputies Thomas Barnes and Dan Casey and Dayton police officers Jamie Luckoski, Christopher Bartley, Jason Bryant and Terrell Moore. Dayton police K9 Rio suffered what was believed to be a shrapnel injury, which was superficial.

Barnes joined the sheriff’s office in November 2015, and Casey in May 2011. Luckoski has been with the Dayton Police Department since September 2014, and Moore since August 2016. Officers Bartley and Bryant were just sworn in in April 2020, Biehl said.

Timeline of Events

  • 2 a.m.: 911 caller reports domestic violence situation between Benjamin Cotton and his father. Caller also says that Cotton is on meth
  • 2:01 a.m.: Deputies dispatched
  • 2:05 a.m.: Caller says that his father was possibly stabbed and was bleeding from back of neck.
  • 2:07 a.m.: Cotton barricaded himself inside the house, alone
  • 2:08 am. Dayton officers dispatch to the scene to assist
  • 3:39 a.m. Cotton came out onto the front porch where officers attempt to use less lethal (Taser and 12-gauge bean bag rounds) means to arrest Cotton, which was unsuccessful. Cotton goes back inside house.
  • 3:49 a.m.: SWAT/hostage negotiators callout initiated
  • 3:54 a.m.: Cotton comes out the front door
  • 3:55:04 a.m.: Officers see Cotton with a knife and he starts to advance on officers
  • 3:55:29 a.m.: Shots fired
  • 3:56 a.m.: Medics requested for Cotton and Dayton Police K9 Rio

Cotton was released from prison Feb. 2 following his conviction for two assaults on police officers, one on Oct. 17, 2018, and one on Aug. 7, 2019, Biehl said. The chief said that Cotton had a mental health history and access to resources for that condition.

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