Lay and Beaty failed to intervene and failed to properly report the use of force, both violations of Troy Police Policy, according to the department’s internal investigation. Lay also was found to have engaged in conduct unbecoming a police officer.
They will be required to undergo additional training, McKinney said.
The reprimands follow the firing of Patrolman Eric Kilbourne earlier this month by Patrick Titterington, the city’s service and safety director. The job termination was recommended by both McKinney and Tom Funderburg, the city’s assistant service and safety director.
Kilbourne, who had been with the department 17 years, was fired for a series of city and police department policy violations. Titterington also noted Kilbourne had shown a “pattern of similar misconduct.”
McKinney said the department also requested a criminal investigation by the Piqua Police Department, which was working with the Miami County Prosecutors’ Office for possible presentation to a grand jury.
County Prosecutor Tony Kendell said he could not comment on the investigation or any grand jury consideration.
The incident in the early hours of April 25 involved the arrest of a 37-year-old Bellefontaine man following a domestic related 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 are pending in Miami County Municipal Court against the man.
Kilbourne’s treatment of the suspect was “clearly punitive for (the suspect’s) ongoing verbal assaults and challenging,” a report says.
Capt. Jeff Kunkleman conducted the internal investigation.
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,” Kunkleman 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 his knee was on the arm, the suspect was “yelling in pain,” the report says.
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.”
Kunkleman wrote in his investigation report that Lay and Beaty observed Kilbourne using unnecessary and unjustified force on the man.
“The force being used by Patrolman Kilbourne was clearly unreasonable, which should have been recognized at the time of the incident. Patrolman Beaty expressed recognition and remorse at the time of his interview related to this investigation. Patrolman Lay reported no recognition at the time of his interview, and instead seemed to try to justify Patrolman Kilbourne’s use of force,” Kunkleman’s report said.
Beaty used force during his involvement but did not provide a supplement report, he said
Lay completed a supplemental report but made no mention of his use of force in the incident. Lay also engaged in conduct unbecoming a police officer when he “displays a large smile and seems amused” on video as Kilbourne taunted the suspect, Kunkleman wrote.
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