Runser appealed a decision of police supervisor Sgt. Jonathan Sopczak that concluded officers Seth Victor and Joshua Wiseman acted appropriately and with justification when they stopped, cuffed and transported Runser to Miami Valley Hospital.
The appeals board’s decision will be sent to the Dayton City Commission.
Sopczak’s decision recommended the officers receive no discipline related to the incident.
Runser claims the officers did not properly communicate with him and he was mistreated and suffered serious injures during the encounter.
Debra Southard, an advocate who spoke on Runser’s behalf, claims his civil rights were violated and the officers and their supervisors also violated a variety of police department policies.
She said the officers should be disciplined and she hopes this case will encourage others to come forward when they are mistreated by police.
“Today was a good day to show the community that a public board was willing to hold police accountable,” she said. “I hope their decision empowers more community members to get more involved.”
The Citizens’ Appeals Board said it will make some recommendations about training and policies stemming from this case within the next 10 days.
“We really appreciate you, Mr. Runser, for coming forward and sharing your experience and making your voice heard ― we’ve heard it,” said Anne Pfeiffer, a member of the board.
Dayton police Chief Richard Biehl said after the incident involving Runser became the subject of an appeal, he directed the police department’s senior command staff to help identify various populations with disabilities that may have increased contacts with law enforcement.
Biehl said he asked command staff to devise training to ensure police officers respond appropriately to various special-needs populations.
“Additional information on training resources have subsequently been forwarded to them for their review,” he said. “We will also examine the Citizens’ Appeal Board recommendations when they are given.”
On Nov. 8, a motorist called 911 to report that a man who looked like he might have disabilities was walking in the grassy median on South Gettysburg Avenue.
The 911 caller said he wanted someone to check on the man to make sure he was OK.
Runser said he decided to walk about 1.6 miles from his home to the Dollar General to get a cup of coffee. He did not have ID on him and he was sweaty after working in his yard.
Officers Wiseman and Victor pulled into the Dollar General parking and tried to talk to Runser.
Runser said he did not realize the police officers were talking to him, and he tried to walk around them, but one officer grabbed his arm.
Runser said he tried to communicate via American Sign Language that he is deaf, but this was ignored.
Runser said he was handcuffed, put in the back of a police cruiser and was taken to a hospital miles from his home.
Runser said this caused him intense pain because the handcuffs were too restrictive and he shakes involuntarily from cerebral palsy.
He said his wrist was fractured in multiple places, which has hurt his quality of life, and he was scared and he had no idea what was happening.
The police officers in their special reports said they were concerned that Runser could not properly take care of himself based on his appearance and behavior.
Both officers said Runser’s behavior and actions seemed to be consistent with methamphetamine use.
Runser was released from the hospital without treatment after he was able to communicate with medical staff, confirming he is deaf. Runser later filed a complaint about the officers’ conduct and actions.
In his supervisor’s report, Sopczak wrote that the officers took Runser to the hospital for treatment because they thought he might have a medical emergency or he might be under the influence of meth.
The officers were not able to properly determine Runser was hearing impaired, and there was a communication barrier because the officers were wearing masks during the incident, which is proper procedure, his report states. The report exonerated the officers of allegations of misconduct.
Southard said every police officer should know how to ask via sign language whether a citizen is deaf.
She said police officers clearly need more training so they understand how to properly interact with residents with disabilities.
She said police should not be able to ostensibly “kidnap people off the street,” without following proper emergency admission protocols.
In a statement through a translator, Runser said, “I want to again be able to feel safe in my own community, knowing that police are there to protect and not harm.”
“This is the first step in a long process to improve community policing,” he said.
Chief Biehl said the Dayton Police Department has several teams equipped to interact with special needs populations in the community.
He said this includes the Mobile Crisis Response Team and the social workers who ride along to primarily deal with mental health calls or interact with homeless individuals.
Biehl also said the police department has a team that specifically works with citizens with substance abuse issues. He said dozens of officers are trained in crisis intervention.
But, Biehl said, “While these teams are very good at what they do, they don’t cover every potential differently abled group that we may come into contact with.”
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