Grant Kerber, the Troy city law director, said a special prosecutor was obtained by the city to handle the investigation report.
James Miller of Buckley King in Dayton is handling the special prosecutor duties, Kerber said. He is reviewing the evidence and will make a final prosecutorial decision.
Officer Eric Kilbourne, a 17-year veteran on the Troy Police Department, was fired in early June by Patrick Titterington, city service and safety director. Kilbourne was fired for a series of alleged city and police department policy violations.
Two other officers with Kilbourne during at least part of the April 25 incident later were given written reprimands by McKinney after an internal investigation found they failed to intervene and failed to properly report the use of force.
The incident in the early hours of April 25 involved the arrest of a 37-year-old Bellefontaine man following a domestic incident at the Hampton Inn and the handling of the suspect at the police department’s sally port, according to an investigation report.
Misdemeanor charges of domestic violence and violating a protection order were filed against the man in Miami County Municipal Court.
As the men arrived at the police department, the suspect and Kilbourne were engaging in a verbal exchange. That back and forth included cursing, and, at one point, the suspect tells the officer he was “like other cops who kneel on people until they die,” Capt. Jeff Kunkleman, who conducted the internal investigation, wrote.
Kilbourne was accused of holding the suspect in a headlock, taking him to the ground, pushing his face to the floor and placing his knee on the man’s arm, the report said. As the knee was on the arm, the suspect was yelling in pain, the report said.
Kilbourne was accused of making a crying noise, and saying to the suspect, “Now you know how your old lady felt, right, when you were beating on her.”
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