“Two men are fighting, and their fire alarm keeps going off,” the 911 caller told dispatchers about 7:04 p.m., according to the call obtained by the Journal-News.
The woman said she could smell smoke.
“He said it was his fireplace when I went out there. He was on the balcony. They were out there arguing,” she said.
But the caller said the argument had turned physical.
“We can hear somebody hitting the other,” the caller said. “There were just yelling back and forth then started getting physical. They are still yelling.”
Dispatchers determined the incident was happening on the second floor of 1004 Park Lane, based on information from the caller.
Officers arrived at about 7:08 p.m. and a shots-fired call went out at 7:18 p.m. CPR was started a minute later, according to a police report.
Officers knocked on the apartment door and identified themselves when Gorak allegedly opened the door and displayed a gun. In response, one officer shot the suspect, according to police.
Dan Hils, president of Frontline Advisors who represents the Middletown police FOP, said he believes multiple shots were fired by one officer.
“My belief is four officers were there. One officer knocked on the door and at least three times identified himself as a Middletown police officer,” Hils said.
Requests for body camera footage had not been met as of Thursday afternoon. Middletown Police Chief Earl Nelson said the footage would not be released until the investigation is completed by the Ohio Bureau of Criminal Investigation and reviewed by the county prosecutor’ office.
Investigation ongoing
The Middletown Division of Police directed all additional questions to BCI. Steve Irwin, spokesman for BCI, said the investigation could take several weeks.
Butler County Prosecutor Michael Gmoser said BCI was called to investigate right away and his office was contacted. As is his policy, the investigation result will get grand jury consideration.
“I will go to the grand jury, regardless of how apparently justifiable the shooting incident is, because that is my policy,” Gmoser said.
Middletown Police Chief Earl Nelson said the department is not releasing any information on the officers involved, but only one officer is on paid administrative leave pending the outcome of the BCI investigation that is standard department policy.
This is the third police-involved shooting in Middletown since February 2023.
In April 2023, Middletown police responded to the same apartment complex when they were shot at by a suspect. They returned fire and hit the suspect, wounding the man. Kyle Kellum recovered, was indicted for felonious assault involving a police officer, but found to be not guilty by reason of insanity following a bench trial in common pleas court.
In February 2023, Middletown police shot and killed a man who pointed a weapon at them in the parking lot of the Walmart on Towne Boulevard.
No charges were filed against the two Middletown officers in the deadly shooting.
The officers’ use of deadly force in the Feb. 25 shooting of 47-year-old Victor Lykins was deemed reasonable by the Warren County Prosecutor’s Office, Prosecutor David Fornshell announced after reviewing investigation results.
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