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Dayton police release transcript of officer's call to dispatcher PDF Print E-mail
Written by Jeff Garvas   
Thursday, 24 February 2005

WHIO-TV is is reporting that a Dayton police officer who shot his wife last week will not be charged, at least not yet.

From the story:

    On Saturday, officers handcuffed Officer Michael Blake and took him into custody for questioning after he called a police dispatch number and said he had shot his wife. According to the call that Blake made, he shot his wife in self-defense.

    On Monday, investigators were unable to determine if Blake was the aggressor in the dispute, which prompted police to release him.

    On Tuesday, prosecutors denied criminal charges against the officer, at least for now. However, prosecutors said they plan to take a second look at the case. Prosecutors said they want more detailed information about the shooting before they proceed any further.
Investigators have told reporters that Blake is cooperating with the investigation, and that he is on paid administrative leave, while the investigation continues.

Meanwhile, the Dayton Daily News continues to raise questions as to why department policy was not followed in this case:

From the story:

    Dayton City Manager Jim Dinneen said he met with Davis and his majors Monday about investigation missteps.

    Detectives questioned Blake for several hours, then freed him, making no arrests. Department policy requires officers to make an arrest after a domestic violence clash or explain to superiors why they didn't.

    Dinneen said the protocol for handling domestic-violence cases is well-known throughout the police department and he does not know why the reporting requirements were not followed.
A former prosecutor and consultant to OFCC notes that Ohio is a state that requires departments to adopt an arrest policy on domestic violence incidents, and the preferred policy is 'shall arrest.'

"They show up, one person has gun, one body, no other indications of wife about to inflict serious injury. Pretty easy to determine who the primary aggressor is. They should have arrested, on the domestic violence, right then and there."

Our consultant also noted that there may be a requirement that the department make a written report to the state Attorney General's office when they don't make an arrest in these situations.

"This happens time after time," our consultant said. "Cops, judges, etc. are involved in a domestic violence situation, but are not arrested. Johnny Cracksmoke sure would [have been arrested]."

On Monday, Dayton Police Director Julian K. Davis told the media to "allow the criminal justice system to work through the conclusion of this investigation. In a nutshell, police officers come from the general public. We come with our prejudices, and our biases ... our mean streaks."

No matter what the outcome of this investigation, the assumption of innocence until guilt is proven is essential.

We hope the Dayton Police Department will keep that in mind if ever a CHL-holder appears to have committed a crime with their firearm.