COLERAIN POLICE DEPARTMENT

4200 SPRINGDALE ROAD COLERAIN, OHIO 45251 513-321-COPS

WWW.COLERAINPOLICE.ORG
Mark C. Denney, CLEE Michael Owens, CLEE Christopher Phillips
Chief of Police Support Services Commander Patrol Commander

May 16, 2018

The Colerain Police Department in an internationally accredited law enforcement agency through the
Commission on Accreditation of Law Enforcement Agencies, receiving the Gold Standard Accreditation
with Excellence Award in the last three accreditation cycles (2011-current). The Colerain Police
Department was also the very first police agency in the State of Ohio to meet the State standards for
certification. Among those standards is a mechanism for handling internal investigations. The State of
Ohio issued the following statement regarding the process:

A well-constructed complaint process is an integral tool in community-police

relations. There is a significant impact when a community knows and understands
its concerns can be legitimately addressed in a proper setting. Further, officers can
be better served when they can refer aggrieved individuals to a trusted process.
Neither officers nor community members benefit from attempts to have concerns
addressed and redressed during a traffic stop or in the midst of an incident. It may
prove beneficial for law enforcement agencies to reach out to community members
in an effort to publicize, promote and develop processes that are mutually beneficial
to all.

In order to meet accreditation standards, the Police Department is required to adhere to strict policies
in regards to internal investigations. Procedures are followed to ensure the rights of both the accused
officer and the community are equally protected. The overarching goal is to complete the investigation
with factual findings based only on evidence and not emotion or bias. While there may be significant
public demand for information, the focus is on a quality investigation over a quick resolution.

Internal investigations are guided by established case law and the collective bargaining agreement
between the Township and the Fraternal Order of Police who represent the officers. The process
requires notification to the officer that an investigation is taking place. All witnesses and involved
officers are notified of interview times and have the right to be represented by a person of their choice
(usually a representative of the Fraternal Order of Police). All reports, recordings and any other available
evidence are also reviewed. Interviews are conducted in a style similar to an investigative interview
conducted in a criminal investigation.

Typically, the officer’s direct supervisor is responsible for conducting the investigation unless the
accusation could reasonably lead to serious discipline or termination. In those cases, the Chief of Police
will assign the appropriate Division Commander to conduct the investigation. The Command Staff has

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received advanced training in conducting proper internal investigations that adhere to standards
including procedural issues and case law.

Once the investigation is completed by the assigned supervisor, the Chief of Police will review the report
and evidence and make a final determination if the officer violated any rules or policies. Internal
investigations are concluded with the following findings:

SUSTAINED -- Allegation is supported by sufficient evidence.

NOT SUSTAINED -- Insufficient evidence to prove or disprove the allegation.

EXONERATED -- Incident did occur, but the actions taken were lawful and proper.

UNFOUNDED -- Allegation is not factual; did not happen.

SUSTAINED-OTHER -- Sustaining of violation or misconduct other than the allegation of the original
complaint.

Under the collective bargaining agreement and employment law, officers with sustained complaints,
and who are subject to discipline above a written reprimand, are entitled to a pre-disciplinary hearing. A
hearing is scheduled by the Township Administrator or his designee. Charges are read to the officer and
the officer is given an opportunity to respond. The officer is entitled to have representation and to call
character witnesses.

The Chief of Police will then decide on the proper discipline. The Board of Trustees has given the Chief of
Police the authority to impose a suspension of up to and including three days without consultation of
the Board. Longer terms of suspension, demotion or termination are brought to the Board for their
input and final approval.

The goal is to have the process completed within 30 days from the receipt of the complaint. All internal
investigations are tracked and reported in the Department’s Annual Report and to the Commission on
Accreditation of Law Enforcement Agencies.

In the investigation at issue, Division Commanders Michael Owens and Christopher Phillips were jointly
assigned to investigate with the direction to complete the investigation as thoroughly and timely as
possible. That investigation has now been completed.

The Colerain Police Department has an established track record of holding employees accountable when
appropriate. In the past eight years, the following discipline has been issued for misconduct (most often
from charges brought internally as opposed to a citizen complaint).
Year Cases Sustained Not Exonerated Suspensions Terminations Resignation Reprimand Demotions
Sustained in Lieu
2010 18 9 5 6 3 0 0 6 0
2011 11 5 12 5 2 0 0 3 0
2012 10 6 2 4 0 0 0 5 1
2013 9 3 2 0 0 0 2 5 0
2014 10 7 5 1 2 1 0 9 0
2015 7 3 2 1 0 1 1 4 0
2016 7 3 1 2 1 0 2 2 0
2017 9 7 3 1 4 0 0 3 0
2018 3 0 1 1 0 0 1 0 0
Total 84 43 33 21 12 2 6 37 1
*Some investigations had more than one accusation, thus more than one finding/action

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 Colerain Police Department
Internal Investigation Summary
Case # 03-18

Officer(s) Involved Officer Brian Huntington

Complainant(s): Chief Mark C. Denney
Date Received: May 8, 2018
Investigator Assigned: Lieutenant Michael S. Owens and Christopher Phillips
Date Officer Notified: May 9, 2018
Other Violation Discovered During Investigation: None

Allegation #1 – Improper Conduct

Allegation #2 –Discourteousness
Initial Information:
Chief Mark C. Denney initiated an investigation on May 8, 2018, after learning of a video recording that
was made public, via Facebook , involving Officer Brian Huntington. The video shows an interaction
between the person (Breasina Thomas) video recording an arrest at Northwest Passage and Officer
Huntington.
Upon initiation of the investigation, it was learned that the video recording was only a very short portion
of the incident that occurred on May 8, 2018 at the Northwest Passage School, located within the Spring
Hill Shopping Center at 3130 Springdale Road in Colerain Township. Northwest Passage is an alternative
school within the Northwest Local School District. On May 8, 2018 Colerain Police Officers responded to
Northwest Passage School in response to an “Officer Needs Assistance” call at that location. Hamilton
County Deputy William Gaffney, called for assistance after he had “Tased” a person and was taking him
into custody.
As Colerain Police Officers arrived, they began escorting the subject, Cornelius Beck, outside of the school.
Immediately upon exiting the school with Mr. Beck, Officers were met by two additional female subjects
(Beck’s mother and sister) and the altercation began again, quickly escalating. Mr. Beck became extremely
turbulent resulting in the use of chemical irritant against him by Officer Dale Woods. Another subject,
Mr. Beck’s mother, Loraine Warren, was arrested by Officer Brian Huntington for interfering with the
arrest of Mr. Beck. Additionally, students attempted to exit the school to cause disruption and interfere
with arresting officers. In total seven people were arrested and order was established at the School.
Summary of Investigative Steps Taken:
Review of Video Recordings Posted to Facebook
An initial video was posted to Facebook during the afternoon hours of May 8, 2018. The video shows that
multiple officers were on scene attempting to arrest at least three suspects. Officer Huntington was

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observed placing a female under arrest when he observed a female, later identified and Breasina Thomas,
video recording the incident within a few feet of officers attempting to control combative subjects. Officer
Huntington asked her to step back, she did not comply. Officer Huntington then ordered her to step back,
she again did not comply. Ms. Thomas yells to Officer Huntington that she is allowed to record, he
acknowledges “Yeah you do” and orders her to “Get the fuck back.” Officer Huntington is shown in in the
video approaching Ms. Thomas, with the other arrested person under his control, and makes contact with
Ms. Thomas. This is when the video becomes disrupted and eventually stops recording, as you can hear
an unknown person-yelling stop hitting me.
Late on May 9, 2018, a second video recording surfaced on Facebook of this incident. This video appears
to be recorded by someone inside the school on a cellular device. This video only records audio from
inside the school and not outside where the incident was actively occurring. The video does show the
interaction with between Officer Brian Huntington and Ms. Thomas. Ms. Thomas is seen standing, within
feet of two officers actively attempting to control a combative subject who is resisting arrest. Ms. Thomas
appears to be recording the altercation with a cellular device. As Officer Huntington approached Ms.
Thomas, he is observed with another subject already in his custody in his right hand. Officer Huntington
pushes Ms. Thomas back with his left arm away from the arresting officers. Ms. Thomas falls back against
a vehicle that was directly behind her. Ms. Thomas appears to either push against Officer Huntington or
slap at his hands while holding the cell phone camera. Ms. Thomas then backs far enough away and is
taken in custody by Officer Patrick Quinn.
Review of Written Statements of All Officers on Scene of Northwest Passage Incident
All Colerain Police Officers who responded to the assistance call at Northwest Passage School provided
written statements regarding their involvement at the scene. The following is a summarization of each
officer’s individual statement. All statements in their entirety are also attached as addendums to this
report.

Sergeant Edwin Cordie, Colerain Police Department

Sergeant Cordie arrived on scene after the incident had been stabilized and all those arrested as a result
of the incident had already been taken into custody. Officer Huntington’s interaction with Ms. Thomas
had already occurred by this time. Sergeant Cordie remained in the parking lot and coordinated medical
care for the prisoners in need of medical attention.

School Resource Officer Nicholas Robers, Colerain Police Department

Officer Robers also arrived after all arrests had been made and Officer Huntington’s interaction with Ms.
Thomas was over. Officer Robers remained outside with juvenile prisoner Sierra Wheeler, who had
become physically resistive as she was being placed into a police car. Officer Robers remained with her
until she was transported to the Colerain Police Department at which time he also responded to the
police station to assist with paperwork and prisoner processing, which concluded his involvement.

School Resource Officer Henry Boyd, Colerain Police Department

Officer Boyd also arrived after Officer Huntington’s interaction with Ms. Thomas had ended. Officer
Boyd observed several persons under arrest and assisted Deputy Gaffney with removing Mr. Beck from
the arrest location to a safe location near Officer Boyd’s patrol car so the paramedics could attend to
Mr. Beck. Officer Boyd then transported Mr. Beck to the police station and assisted with paperwork and
prisoner processing, which concluded his involvement.

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Detective Michael Stockmeier, Colerain Police Department
Detective Stockmeier also arrived after Officer Huntington’s interaction with Ms. Thomas had ended,
but still described the scene as chaotic. Detective Stockmeier arrived as Officer Boyd was instructing Mr.
Beck to sit on the ground by his patrol car and assisted Officer Boyd with that since Mr. Beck was still
noncompliant. Detective Stockmeier then entered the school and assisted with returning that scene to
order and remained until responsibility for the interior had been transitioned back to school staff. He
then returned outside and assisted with security to keep the crowd away from patrol units with
prisoners until officers driving those cars were able to leave the parking lot and transport those
prisoners to the police department for paperwork and processing. Detective Stockmeier then left the
scene, ending his involvement.

Detective Joseph Hendricks, Colerain Police Department

Detective Hendricks was in a car with Sergeant Hussel and they arrived well after the interaction
between Officer Huntington and Ms. Thomas had ended. Detective Hendricks heard commotion inside
the school and went directly inside to help restore order. He assisted with the arrest of a female
student and escorted her to a police car in the parking lot. He then worked with Sergeant Hussel in
establishing a security post at the doors to the school to assist with transition between two sessions.
Shortly thereafter, he left with Sergeant Hussel to attend to an issue with a student at another school.

Sergeant Justin Hussel, Colerain Police Department

Sergeant Hussel was in a car with Detective Hendricks and they arrived well after the interaction
between Officer Huntington and Ms. Thomas had ended. Sergeant Hussel heard yelling inside the
school and responded directly inside to assist with restoring order. He then assisted Detective
Hendricks with security at the front doors during the transition between sessions. Sergeant Hussel and
Detective Hendricks both then left together to attend to an issue with a student at another school.

Detective Joey Carter, Colerain Police Department

Detective Carter arrived to find all persons who had been arrested already secured in patrol cars, well
after the interaction between Officer Huntington and Ms. Thomas had ended. Detective Carter was
directed by a supervisor to enter the school and assist with restoring order. Once that was
accomplished, Detective Carter left the scene to return to an off-duty detail he was working when the
assistance call was made.

Officer Cody Ashcraft, Colerain Police Department

Officer Ashcraft also arrived after Officer Huntington’s interaction with Ms. Thomas had ended. Officer
Ashcraft responded directly inside as a result of disorderly students and assisted with restoring order.
He was called outside to unlock his patrol car to secure an arrested student. Once that person was
secured in his car, he remained with her and transported her back to the police department, where he
assisted with paperwork and prisoner processing, which ended his involvement in the incident.

Officer Brent Wethington, Colerain Police Department

Officer Wethington arrived after Officer Huntington’s interaction with Ms. Thomas had ended. Officer
Wethington responded inside the school to assist with restoring order. Officer Wethington transported
an adult female who had been arrested and placed into his car to the police station where he assisted
with paperwork and prisoner processing. Officer Wethington also transported prisoners to the Hamilton

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County Juvenile Detention Center, where Mr. Beck was refused due to having been tased and maced.
Officer Wethington transported him to Children’s Hospital, where Officer Wethington was relieved by
Hamilton County Sheriff’s Deputies, concluding his involvement.

Officer Nicole Dennis, Colerain Police Department

Officer Dennis arrived after the conclusion of Officer Huntington’s interaction with Ms. Thomas as
officers were securing prisoners in patrol cars. She responded directly inside to assist with restoring
order and took a female juvenile suspect into custody. Officer Dennis escorted this person outside and
assisted securing her in a patrol car. After order was restored and responsibility was transitioned back to
school staff, Officer Dennis returned to the car where her prisoner was with other officers. Officer
Dennis then followed that car to the police station for paperwork and processing, but that was unable to
be completed at the police station due to the prisoner being unruly and combative. Officer Dennis and
Officer Cullman then rode together as they transported this female juvenile to the Hamilton County
Juvenile Detention Center without further incident, thereby concluding her involvement.

School Resource Officer Christopher Cullman, Colerain Police Department

Officer Cullman slowed his response after responding officers were advised they could continue, but
slow their response and as a result, arrived well after Officer Huntington’s interaction with Ms. Taylor
had concluded. Officer Cullman found both the outside and inside scenes to be orderly and returned
outside to assist with Officer Dennis’ disorderly prisoner. He came to the police station to assist with
paperwork and processing, but was unable to do so due to Officer Dennis’ prisoner’s conduct. Officer
Cullman and Officer Dennis then placed the prisoner into a patrol car and rode together as they
transported her to the Hamilton County Juvenile Detention Center without further incident, ending his
involvement in the incident.

Traffic Safety Officer Patrick Quinn, Colerain Police Department

Officer Quinn arrived after the interaction between Officer Huntington and Ms. Thomas had ended and
he described the scene outside as stabilized as he walked down the sidewalk to assist. Detective Maher
pointed Ms. Thomas out to Officer Quinn and directed him to arrest her. Officer Quinn observed her
standing on the sidewalk in front of the school and took her into custody without incident. He
immediately escorted her to his patrol car and secured her in the car. Officer Quinn remained with Ms.
Thomas and transported her to the police station for paperwork and processing. He then transported
her to the Hamilton County Justice Center without incident, ending his involvement.

Officer in Charge Kyle Frandoni, Colerain Police Department

Officer Frandoni had responded to the original assistance call and was one of the first officers on the
scene to assist. He went inside the school and assisted Deputy Gaffney in removing Mr. Beck from the
school and escorting him outside. Once outside, officers were met by the mother of Mr. Beck, who they
later came to know as Ms. Loraine Warren. Ms. Warren was interfering with the arrest and wedging
herself between officers and Mr. Beck and attempted to break officers’ grasp on Mr. Beck. Several
officers including Officer Frandoni gave orders for Ms. Warren to stop interfering; eventually both Mr.
Beck and Ms. Warren were sprayed with chemical irritant in attempts to control them. After
administration of the chemical irritant, Mr. Beck was placed on the ground by officers, but still
continued to resist. Both Deputy Gaffney and Officer Frandoni were engaged with continuing to contain

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Mr. Beck and as a result, had their backs to the majority of the crowd that had gathered. While
continuing to contain Mr. Beck, Officer Frandoni heard yelling and screaming and officers giving orders
to “back up” from behind him. Officer Frandoni was able to turn around briefly to observe Ms. Thomas
standing further down the sidewalk, extremely irate and causing commotion. He did not observe the
interaction between Officer Huntington and Ms. Thomas, but heard it and was able to observe the end
result, that Ms. Thomas had been removed to a safe distance from the arrest scene. Officer Frandoni
then assisted with coordinating the de-escalation at the scene, ensuring that prisoners received medical
attention as needed, and found that a prisoner had been secured in his patrol car. Officer Frandoni then
transported that prisoner to the police station and assisted with coordination of paperwork and
processing. Officer Frandoni completed other administrative tasks at the police station, thus concluding
his involvement in the incident.

Officer Dale Woods, Colerain Police Department

Officer Woods was one of the first to arrive in response to the assistance call and accompanied Officer
Frandoni into the school to assist Deputy Gaffney. He assisted in removing Mr. Beck form the school
and once outside, was met by Mr. Beck’s mother, Loraine Warren, who continued to interfere with the
arrest of Mr. Beck. After multiple commands by several officers for both Mr. Beck and Ms. Warren to
desist, Officer Woods deployed his chemical irritant against both Mr. Beck and Ms. Warren. He
observed Officer Huntington take Ms. Warren into custody and then looked to his left to confirm that
Deputy Gaffney and Officer Frandoni did not need any further assistance controlling Mr. Beck. As he
looked to them, he heard Officer Huntington yelling commands to a person just behind Officer Woods to
get back. He heard Officer Huntington issue four or five commands to get back and then observed
Officer Huntington attempt to push the subject back away from officers, at which time Officer Woods
turned to look back and see with whom Officer Huntington was interacting. He observed Officer
Huntington moving Ms. Thomas back away from her location which was approximately within arm’s
reach of officers. He then observed another officer and school administrator take control of Ms. Thomas
just prior to being taken into custody by another officer (Quinn). Once the scene outside was under
control, Officer Woods went into the school to assist with restoring order inside. Once the entire scene
was stabilized, Officer Woods transported a male juvenile prisoner to the police station and assisted
with paperwork and processing. Once all prisoners had been processed, Officer Woods’ involvement in
the incident concluded.

Detective Dean Doerflein, Colerain Police Department

Detective Doerflein arrived to find Deputy Gaffney and Officers Frandoni and Woods struggling with Mr.
Beck and Ms. Warren and observed the deployment of chemical irritant to both Mr. Beck and Ms.
Warren. He then assisted Officer Huntington with taking Ms. Warren into custody. Detective Doerflein
then turned to find Ms. Thomas standing near the area where Ms. Warren and Mr. Beck were being
detained. Detective Doerflein asked who she was, and Ms. Thomas stated that the two in custody were
her mother and brother. Detective Doerflein asked Ms. Thomas to back away and walked with her to an
area approximately ten to fifteen feet away from the arrest area. He told her to stay there and he
would return to speak with her, to which she replied, “okay.” Detective Doerflein then returned to the
arrest area to assist as she now recognized that other student were leaving the school and attempting to
become involved in the incident. When he arrived at the front doors of the school, Detective Doerflein
observed a male juvenile student exit the school and become unruly to the point he had to be restrained

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by a school staff member. After being restrained by the staff member, the student escalated his
turbulent conduct in an attempt to interfere with the arrest of others to the point that Detective
Doerflein with the assistance of Detective Maher took this student into custody. As a result of his own
interactions with this male student, Detective Doerflein did not see or hear any of Officer Huntington’s
interaction with Ms. Thomas. Once the male student was removed from the immediate area, Detective
Doerflein went inside to assist with restoring order and transitioning responsibilities back to faculty.
Detective Doerflein then responded to the police station to assist with paperwork and prisoner
processing. He transported wo adults from the police station to the Hamilton County Justice Center,
which ended his involvement in the incident.

Detective Sean Maher, Colerain Police Department

Detective Maher was one of the first officers to arrive in response to the assistance call and responded
inside the school, where Deputy Gaffney and was still dealing with Mr. Beck after tasing him. Mr. Beck
was escorted out of the school and Detective Maher remained in the school to speak with faculty. Shortly
thereafter, Detective Maher heard officers yelling and giving commands; he exited to find Deputy Gaffney
and Officers Frandoni and Woods attempting to gain compliance from Mr. Beck and struggling with him
as Ms. Warren interjected herself into the arrest and administration of chemical irritant. Detective Maher
then observed Ms. Thomas insert herself into the group of police officers who were attempting to make
arrests and gain compliance in front of the school. Detective Maher not only requested Ms. Thomas
disperse from the area, but also took her by the arm and led her away from the area as he gave her
commands to stay back. Detective Maher’s attention was then directed towards the unruly and turbulent
behavior of a male student who had exited the school (see Detective Doerflein above) and assisted
Detective Doerflein with taking that student into custody. While escorting this arrested student from the
scene, Detective Maher observed Ms. Thomas had returned and was directly behind officers up close, at
a distance he deemed unsafe for them. Detective Maher then heard Officer Huntington give Ms. Thomas
multiple verbal commands to get back and observed Officer Huntington physically engage her and push
her back to a safe distance away to protect officers. Detective Maher then observed Ms. Thomas continue
to shout and cause a disturbance and directed Officer Quinn to take her into custody. Once all prisoners
were transported from the scene, Detective Maher’s involvement concluded and he returned to an off-
duty detail he had been working.
Review of Colerain Police Body Worn Cameras
A review of body worn camera recordings made by Colerain Police Officers responding to the assistance
call at Northwest Passage School was conducted by Lieutenant Phillips. Five officers who responded to
the call recorded various portions of their involvement, including their response to the scene, events at
the scene, or transportation and processing at the Colerain Police Department of those arrested. Officer
Kyle Frandoni was the only officer whose body worn camera recordings captured the interaction
between Officer Huntington and Ms. Thomas. The remainder of the responding officers who recorded
video arrived on the scene after the interaction between Officer Huntington and Ms. Thomas had
occurred. All activation and recording time references are as indicated on the time stamp of each
respective officer’s body worn camera unless indicated otherwise.

Officer Kyle Frandoni was one of the first officers to respond and assisted Deputy Gaffney in placing Mr.
Beck on the ground outside the school as Mr. Beck continued to resist officers’ attempts to control him.
Officer Frandoni activated his camera to record the events at this point; the time stamp on the recording
indicates this occurred at 10:45:06. Officer Frandoni’ s body worn camera captured the interaction

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between Officer Huntington and Ms. Thomas, but due to the positioning of Officer Frandoni as he
assisted Deputy Gaffney with the arrest of Mr. Beck, the interaction between Officer Huntington and
Ms. Thomas is not visible. Most of the audio portion of the recording is plainly audible.

Officer Huntington addressed Ms. Thomas the first time at 10:45:44 according to Officer Frandoni’s
recording and directed her, “Ma’am, back up”. He ordered her a second time at 10:45:47 to “Back up!”.
Ms. Thomas replied immediately in a defiant tone of voice, “I can video if I want”, to which Officer
Huntington replied, “You can, but back the fuck up”. The background of the audio portion of the
recording then became indiscernible for a few moments as a car horn was honking and Mr. Beck was
complaining about the chemical irritant in his eyes. Officer Huntington can be heard on the recording
over the other noises telling Ms. Thomas loudly at least once more to “back up” and one more once
again loudly commanding her to “back the fuck up,” as the sound of the distance between his voice and
Officer Frandoni’s body worn camera increased.

One other person can also be heard on the recording ordering someone to “stay back” at 10:46:26.
Officer Patrick Quinn arrived on the scene and was directed at 10:46:45 to take Ms. Thomas into
custody, which he did without incident. He escorted her to his car where he remained with her and she
had no further interaction with Officer Huntington.

Officer Henry Boyd activated his body worn camera at 10:45:21 as he was responding to the scene and
he did not arrive on the scene until 10:45:46, approximately the same time as Officer Huntington’s
interaction with Ms. Thomas was occurring. Officer Boyd exited his patrol car and began approaching
the area on foot from the parking lot at 10:46:50 and arrived at the sidewalk in front of the school at
10:47:05. Ms. Thomas had already been arrested and removed from the area by this point. No portion
of the interaction between Officer Huntington and Ms. Thomas was captured on Officer Boyd’s body
worn camera.

Officer Patrick Quinn arrived on the scene at 10:46:12, as captured by Officer Frandoni’s body worn
camera recording. Officer Quinn activated his body worn camera as he reached his patrol car with Ms.
Thomas in custody and secured her in his car. This activation was at 10:47:30 and is consistent with the
time displayed on Officer Frandoni’s body worn camera as Officer Quinn is seen in the background
reaching his patrol car and preparing to secure Ms. Thomas. No portion of the interaction between
Officer Huntington and Ms. Thomas was captured on Officer Quinn’s body worn camera.

Officer Chris Cullman activated his body worn camera t 10:47:50 as he responded to the scene and did
not arrive on scene until 10:49:50. Officer Huntington’s interaction with Ms. Thomas was over and she
was secured in Officer Quinn’s patrol car prior to Officer Cullman arriving on scene. No portion of
Officer Huntington’s interaction with Ms. Thomas was recorded on Officer Cullman’s body worn camera.

Officer Cody Ashcraft also responded to the call and activated his body worn camera at 10:48:15 as he
entered the school to assist with the unruly crowd inside. Officer Huntington’s interaction with Ms.
Thomas was over prior to the activation of Officer Ashcraft’s body worn camera. No portion of Officer
Huntington’s interaction with Ms. Thomas was recorder on Officer Cullman’s body worn camera.

Detective Sean Maher – Colerain Police Special Investigative Unit.

Criminal History: None

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Detective Maher was interviewed by Lieutenants Owens and Phillips on May 10, 2018. Detective Maher
stated that he responded for the “Officer Needs Assistance” call while he was working an off-duty detail
across the street at Taylor Elementary. Detective Maher stated he was in uniform and driving a marked
cruiser. Detective Maher stated that he first responded to the inside of the building, and once he exited
the building, he observed several officers attempting to control Cornelius Beck. He also observed a
female, later learned to be Lorraine Warren, interfering with the arrest of Mr. Beck by blocking Officer
Woods’ attempt to administer chemical irritant. Detective Maher then observed Ms. Breasina Thomas
also engaged in altercation, by touching Mr. Beck and Ms. Warren. That is when Detective Maher got
her attention by touching her arm and asking her to move back and let the police handle this. Ms.
Thomas complied with Detective Maher’s request and she did so by moving a few feet away.
Detective Maher’s attention was then diverted to the doorway of the school as several juveniles
attempted to exit and interfere with the arrest of the subjects that were outside. Detective Maher
states that the scene became a very chaotic and took several officers and school staff members to
control, resulting in additional arrests.
Detective Maher states that after he was able to make an arrest of, Lajonah Hill, he heard yelling and
was able to turn around and he could hear Officer Huntington telling Ms. Thomas to get back. Detective
Maher acknowledges that this is the same person he had removed from the scene several minutes
earlier. Detective Maher then observed Officer Huntington, who had another female suspect in custody
with his right arm, attempt to push Ms. Thomas back, away from the other officers with his left arm
while continuing his verbal commands. Detective Maher stated that Ms. Thomas began to become
upset and started yelling back at Officer Huntington, and this is when Detective Maher directed Officer
Patrick Quinn to take Ms. Thomas into custody.
Detective Maher described the incident as very chaotic and occurred in very close quarters. Detective
Maher states that the entire incident occurred on the sidewalk area in front of the school entry door.
Detective Maher stated that each arrest was occurring within feet of each other and Ms. Thomas was
within a foot or two of arresting officers while they were to control combative subjects prior to her
contact with Officer Huntington.
Detective Dean Doerflein – Colerain Police Department Criminal Investigative Unit
Criminal History: None
Detective Doerflein was interviewed by Lieutenants Owens and Phillips on May 10, 2018. Detective
Doerflein responded to the “Officer Needs Assistance” call at Northwest Passage. Upon arrival
Detective Deorflein observed Deputy Gaffney and Colerain Police Officers Frandoni and Woods
struggling with multiple subjects outside the door way to the school. He stated that Officer Woods
administered chemical irritant to Cornelius Beck and Loraine Warren after he ordered them to stop their
behavior multiple times. Detective Doerflein stated after the chemical irritant was administered, he
and Officer Huntington were able to take Ms. Warren into custody by placing her in handcuffs.
Detective Doerflein stated that once Ms. Warren was in custody and under control he turned and saw
Ms. Breasina Thomas standing in the immediate area. He asked her if she knew the arrest subjects, she
acknowledged that they were her brother and mother. Detective Doerflein asked her to move back for
everyone’s’ safety, and Ms. Thomas complied. Detective Doerflein stated that he moved Ms. Thomas
back about 10-15 feet and asked her to stay there and he would come back and talk to her when things
calmed down.

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Detective Doerflein’s attention was then diverted to the door of the school where several students were
trying to exit. He states that he assisted with the arrest of Lajonah Walker and had no further contact
with Ms. Thomas. He stated that the scene was so chaotic and loud that he was not aware of the
altercation between Officer Huntington and Ms. Thomas. He was not aware of Ms. Thomas video
recording of the incident however he did observe several students video recording with their cellular
devices from the inside of the school.
Officer Dale Woods – Colerain Police Department Patrol Officer
Criminal History: None
Officer Woods was interviewed on May 11, 2018 by Lieutenant Phillips. Officer Woods stated that the
day of the incident he was clearing a crash scene on Colerain Avenue when received the call for an
“Officer Needs Assistance” at Northwest Passage. He stated he was one of the first to arrive and was
assisting Officer Frandoni and Deputy Gaffney escort the arrested person (Cornelius Beck) out of the
school. Upon exiting the school, they were immediately met by an older female black suspect, Lorraine
Warren. Mr. Beck immediately intensified his aggression, began yelling, and became extremely
belligerent. The Ms. Warren wedged herself between the aggressive subject and officers. Officer
Woods administered his chemical irritant to Mr. Beck and then Ms. Warren attempted to stop by placing
her hands in the steam of chemical irritant. Upon the chemical irritant taking effect on both subjects,
Ms. Warren was taken in to custody.
Officer Woods then stated that as he began to reassess the situation he could hear Officer Huntington
yelling at someone to get back, at least twice. He stated that he turned and observed a female directly
behind him with recording the incident with a cell phone. He stated she was only within three feet of
him and that he no idea she was there until Officer Huntington gave his orders for her to move back.
Officer Woods then states that Officer Huntington began to push the female subject back and continued
with multiple orders to do. He stated that Officer Huntington had to be push her back a few times,
estimating about ten feet. Officer Woods indicates this was the last he saw of the subject as he went
inside to assist with that disorderly crowd.
Officer Patrick Quinn – Colerain Police Traffic Safety Officer
Criminal History: None
Patrick Quinn was interviewed by Lieutenant Chris Phillips on May 11, 2018. Officer Quinn responded
from the police department for the “Officer Needs Assistance” call. He stated he arrived on the west
side of the building, and walked up the sidewalk to the front doors to where he saw the incident
unfolding. He first saw Detective Sean Maher who directed him to arrest a subject, later known to be
Breasina Thomas. Ms. Thomas was about ten to feet east of the main school doors, on the sidewalk.
Officer Quinn informed Ms. Thomas she was under arrest and handcuffed her. Officer Quinn then took
her and placed her in the rear of his police car.
Officer Quinn asked Ms. Thomas if she had been “maced or tased” and she said no. Ms. Thomas also
did not indicate to him that she was injured in any other way. Officer Quinn stated that another officer
brought Ms. Thomas’ keys and phone back to the booking area. It was given to Ms. Thomas
grandmother, at Ms. Thomas request, at the police department prior to transportation to the Hamilton
County Justice Center.
Officer Brian Huntington – Colerain Police Canine Officer
Officer Read Rule 2.17 (Yes)

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Miranda Read (No)
Representative Present (Mr. Barry Grey, Ohio Labor Council)
Officer Brian Huntington was interviewed by Lieutenants Owens and Philips on May 14, 2018. Officer
Huntington was read Colerain Police Rule 2.17 and this was witnessed by Mr. Barry Grey of the Ohio
Labor Council who remained present for the entire interview. Officer Huntington was advised the
purpose for the interview was to talk about the incident on May 8, 2018, at Northwest Passage, and
specifically about the portion of the incident involving his contact with Ms. Breasina Thomas that was
video recorded and posted on Facebook.
Officer Huntington stated that he was at the Police Department when he received the “Officer Needs
Assistance” call at Northwest Passage School. Officer Huntington acknowledged that he has had
previous calls at that school and felt that any incident that occurred there could become volatile quite
quickly. Upon arriving, Officer Huntington advised that he observed a large crowd gathered around the
front door of the school and was quickly becoming hostile. He stated that the crowd consisted of about
ten to fifteen people and was much more hostile and chaotic than he expected. He advised that he
observed a male black suspect, Mr. Cornelius Beck, being combative with other officers that were trying
to control him. While this was occurring, two females (later identified as Loraine Warren and Breasina
Thomas) were trying to intervene in the arrest and were being held back from the officers by school
staff.
Officer Huntington advised that he observed Officer Dale Woods attempt to administer chemical irritant
to Ms. Warren as she was interfering with the arrest of her son. Officer Huntington advised other
people were removing Ms. Thomas away from the scene. Officer Huntington states that he and
Detective Doerflein assisted the officer by removing Ms. Warren and placing her in cuffs.
Officer Huntington described three active arrest scenes directly in front to the school doors. The original
arrest of Mr. Beck with Deputy Gaffney and Officers Frandoni and Woods, the arrest he had with Ms.
Warren who was still trying to pull him away and back towards the arrest of Mr. Beck, and the third
being another student who had exit the school and aggressively confronted other officers, while staff
was fighting to keep other students in the school.
Officer Huntington stated he then observed Ms. Thomas walking around video-recording the incident.
At the time, he observed her standing within one to two feet of Deputy Gaffney and Officers Frandoni
and Woods who were still trying to control Mr. Beck who was actively resisting. At this point
Huntington stated he was approximately five to ten feet from Ms. Thomas. He ordered Ms. Thomas to
back up by saying, “Ma’am, back up,” which she did not comply. He then ordered her a second time to
back up by stepping closer to her and stating “Back up,” which she did not comply but stated she can
video-tape. Officer Huntington replied, “You can, but back the fuck up,” and she did not comply.
Officer Huntington stated that he escalated his verbal commands because he was not getting
compliance from Ms. Thomas to back away from the officers who were on the ground still attempting to
get control of Mr. Beck.
Officer Huntington stated that he still had control of Ms. Warren in handcuffs with his right arm, his
dominate arm, as he stepped forward and made a swiping motion with his left arm at Ms. Thomas for
her to get back. Ms. Thomas then fell back onto the car that was directly behind her and stood right
back up. Officer Huntington continued to push Ms. Thomas back with his left arm while pulling Ms.
Warren behind him with his right arm and ordering her at least six additional times to back up. Officer
Huntington forced her to a safe area, approximately ten to fifteen feet and immediately disengaged his
interaction with Ms. Thomas. Officer Huntington stated that Ms. Thomas was arrested by another

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officer, but he could not recall which officer, because his attention went back to his original arrestee,
Ms. Warren.
Witness Statements
Cristen Casteel, Family Engagement & Social Work Specialist, Northwest Local School District
Ms. Casteel was working with Deputy Gaffney on behavior and discipline issues that had been occurring
inside the school for approximately thirty minutes and as a result, Deputy Gaffney became engaged with
student Cornelius Beck. Mr. Beck’s behavior escalated to the point that He was tased by Deputy Gaffney
as a result of his aggressive behavior. Ms. Casteel watched as Mr. Beck was escorted from the building
and she described him as aggressively fight the officers. As Ms. Casteel restrained Mr. Beck’s sister
DaNasia (a student in the school who had witnessed the tasing) approximately twenty feet away from
the arrest scene outside to keep her back, Ms. Casteel heard officers repeatedly tell Mr. Beck to stop
resisting and could observe that he did not. She then observed Mr. Beck’s mother (Loraine Warren) and
other sister (Breasina Thomas) arrive and run towards the arrest scene. Ms. Casteel could not hear what
was being said between Ms. Warren and officers, but could tell that she was upset and did observe
Officer Woods administer chemical irritant to Ms. Warren’s head. While this was occurring, Ms. Casteel
hear an officer ordering Ms. Thomas at least twice to “get back!” Ms. Casteel wrote that she observed
Ms. Warren and Ms. Thomas being placed in handcuffs and led away from the scene. She did not
indicate whether or not she observed the physical interaction between Officer Huntington and Ms.
Thomas. Ms. Casteel remained outside with DaNasia as several other students were arrested inside and
taken out of the school. Once order was restored inside the school, Ms. Casteel returned inside to take
control of the students and assist them with continuing their day.

Raymond McCray, Northwest Local School District

Mr. McCray assisted Deputy Gaffney and Officer Frandoni in escorting Mr. Beck from the school and
described that they had him under control. Mr. McCray stated that Mr. Beck’s mother and another
family member (Ms. Thomas) arrived “out of nowhere” and interfered by getting between the officers
and Mr. Beck. Mr. McCray attempted to remove Ms. Warren, but was himself removed by officers as
they prepared to administer chemical irritant. After this, he stated that Mr. Beck was on the ground and
he noticed that Ms. Thomas had started to record the events on her phone. Mr. McCray stated that
Officer Huntington told Ms. Thomas several times to stop recording and to back away, but she refused.
He stated that Officer Huntington “smacked the phone down” and continued while holding onto Ms.
Warren to put Ms. Thomas behind the police car, but she began yelling that he hit me, he hit me, he put
his hands on me.

Melinda Taylor, Northwest Local School District

Ms. Taylor’s statement focused on the interaction inside between Deputy Gaffney and Mr. Beck and
simply stated that after the tasing “The school erupted and side issues escalated with cops and students
not following simple orders to sit down. Students then started getting riled up.” This was the extent of
her statement.

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Tina Milligan – School Bus Driver, Northwest Local Schools
A phone interview was conducted with Ms. Tina Milligan by Lieutenant Phillips on May 11, 2018. Ms.
Milligan stated that she is employed as a bus driver with the Northwest School District and was in the
Transportation Office across the street from Northwest Passages at the time of the incident. She stated
that she observed the incident through the window of her building and wondered what was occurring.
Ms. Milligan stated she observed several police cars arrive on scene and an altercation ensue at the
front doors of the school. She then stated that a burnt orange car was parked at the school and a
heavy- set black female (Breasina Thomas) exited the passenger side of the vehicle and become involved
in the altercation with the police and the person that the police had already engaged. She states that
the female went back to the car and obtained an unknown object, she was able to later determine it to
be a cellular phone. Ms. Milligan states that he was concerned for the female because it was such a
chaotic scene and she had no business putting herself in the situation. She stated it was obviously the
female subject recording the incident with her cell phone and was obviously too close to where the
officers were conducting their business. She stated the scene escalated quickly after that. The next
time she saw the described female she was in front of the old tanning salon, further down the complex,
being taken into custody by police officers.
Outside Video Review
The two available videos of the incident were reviewed by Mark Weaver and Matt Dole, both attorneys
with Communications Counsel. INC. Both are crisis communication experts. After viewing the
recordings, a statement was prepared and released to the public on May 10, 2018.
Findings
Allegation #1 – Improper Conduct: Exonerated
Allegation #2 –Discourteousness: Exonerated
After reviewing the investigation it is determined, that Officer Huntington acted appropriately. The
arrested woman was told by three officers, five times, to back away from the scene and was even
escorted to a position that allowed her to continue her videotaping while not being in the arrest scene.
She refused to comply with those officers’ lawful orders. Officer Huntington saw her approaching an
officer who was on the ground with his back to the approaching female. He told her three times to back
away from the scene, seeing she had no intention of complying, Officer Huntington legally forced her to
move.

The investigators used the following methods in gathering the facts:

1. Interviews and written statements from all of our

2. Review of posted cell phone videos.
3. Interview of independent witnesses who saw the entire event.
4. Review of any available body camera video (Officer Huntington was not equipped with a
camera. The other officers arrived after this confrontation).
5. Review of existing policy and law.
6. Attempt to interview arrested subjects. No response (we sent a certified letter).
7. On scene Interview with School District staff.
8. Case and videos reviewed by two attorneys on May 10, 2018.

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All actions by officers in the United States, especially any involving force, are governed by the United
States Supreme Court cases Graham V. Connor and Garner V. Tennessee. The legal standard is:

Courts tasked with determining the reasonableness of a police officer’s use of force
have been guided by the United State Supreme Court to consider situations based on a
standard of “objective reasonableness.” In essence, lower courts have been directed to
view the facts surrounding an officer’s use of force as they were presented to the
officer at the time force was used without relying on the benefit of 20/20 hindsight or
second-guessing the officer’s decision. Courts are instructed to confront the facts of a
case as they were presented to the officer when the decision to use force was made
and to determine if the actions were “reasonable” given the circumstances and what
was known to the officer at the time.

We are required by law to view the officer’s actions using this as a guide. You must look at the situation
from what the officer saw and knew, and nothing else. Colerain Police policy 1.14 dictates:

The correct entry level of force is that level of force that the officer thinks will
efficiently serve the purpose in a timely manner. If that level of force is unsuccessful
in gaining control of a subject, the officer will continue to use force until successfully
accomplishing the purpose, whether it is to affect an arrest, to prevent risk of injury
to self or others, to prevent the subject from endangering himself or others, to
compel compliance or any other legitimate law enforcement purpose. As the purpose
is achieved, the force should diminish or end.

At no time was the female punched or struck as she claims on the video. All of the people who claimed
online to have video showing the officer punching her in the face have failed to provide any video to us,
despite the fact that we asked for witnesses and videos on WLW, WCPO, WKRC, WXIX, WLWT and The
Cincinnati Enquirer in a written statement. Review of the video shows that Officer Huntington pushed
her back into an SUV using his “weak hand” while controlling another prisoner in his dominate hand.
The female is seen pushing back and/or striking at Officer Huntington’s hands. Officer Huntington’s
actions were completely justified and the response was the very minimum amount of force available to
him. In addition, Officer Huntington confirmed her right to continue recording, but ordered her to “get
back”.

A review of the statements indicates that the interaction between Officer Huntington and Ms. Thomas
had concluded prior to most officers’ arrival on scene and other than Officer Huntington, one officer
only heard the interaction between Officer Huntington while another two both heard and witnessed it.
Prior to Officer Huntington’s interaction with Ms. Thomas, two of the officers who responded had
removed Ms. Thomas from the immediate arrest area where she was in close proximity to arresting
officers who were attempting to effect arrests and maintain control of a chaotic and dynamic situation.
Ms. Thomas was first walked away by one officer (Detective Doerflein) and told to stay back and she
replied, “okay.” Ms. Thomas disobeyed this directive and returned to interject herself into the
immediate area a second time and was physically escorted away by the arm by a second officer
(Detective Maher), who also gave her an order to stay back. She disobeyed both of the directives of the
first two officers and inserted herself into the arrest area a third time. The third time she approached
the officers from behind and was in close proximity to arresting officers who were unaware of her
presence, creating a risk to not only the officer, but also herself. Ms. Thomas was directed by Officer

Page 15 of 17 COTP 03-18

Huntington multiple times to “get back”, which she did not do. Officer Huntington then engaged her
and pushed her back away from the officers who were still struggling on the ground with a resistive
suspect and removed her to a safe distance away so that officers who were not aware of her presence
could safely continue their arrest activity. Ms. Thomas was then also arrested and removed from the
scene.

In regards to the language used by Officer Huntington. Below is an excerpt from the Colerain Police
Department Policy and Procedure Manual section 1.14:

The use of profanities towards another is generally prohibited unless the purpose is
to “verbally stun” the subject in order to gain compliance. Should a subject not
comply with lawful orders, the officer may utilize “verbal stunning” in an effort to
avoid using force. This practice should be limited as it can present a negative image
of the officer and the Police Department.

Officer Huntington stated that this was his intention when he used the language towards the suspect.
She had ignored all other attempts at correcting her behavior and Officer Huntington felt that this might
assist by letting her know how serious and unlawful her actions were. One independent witness (who
watched the entire event) stated she was actually worried when she saw the female with the cell phone
walking towards the officers. She was worried for the female and hoped she would move back.

Arresting and dealing with non-compliant people is very often “ugly”. The image and language can be
upsetting. Many have posted online how they feel, in their very limited or non-existent experience and
knowledge, how we should have responded. However, this is the reality police officers deal with every
day. If cursing at a suspect lessens the amount of force (or completely eliminates it) that is a success.
Confrontations must be ended as quickly as possible because there is always a loaded firearm at every
incident officers go to, their service weapon. Officers are trained to end the fight quickly to avoid further
violence.

The former Hamilton County Prosecutor, Cincinnati Police Officer, former Hamilton County Municipal
Court Judge and current defense attorney Michael Allen viewed the videos and commented on the
actions of the officer while being interviewed on WXIX-TV. Mr. Allen stated:

"Taking into consideration that that police officer has to make a split second decision,
in my opinion, the use of force is a valid one," Allen said. "Here the officer is saying,
'Back up, back' and she says, 'I'm taking video,' he says, 'You can do that but you need
to back up' and this ensued. In my opinion, completely appropriate. I mean he gave
the command I believe twice."

While not considered evidence, this point of view provides valuable insight. As Hamilton County
Prosecutor in 2001, Michael Allen filed criminal charges against several police officers for excessive force
(Patrick Caton, Blain Jorg and Steven Roach).
Mr. Allen has experience as a police officer (with the University of Cincinnati Police Department and the
Cincinnati Police Division), as the former Hamilton County Prosecutor for seven years and a judge on the
Hamilton County Municipal Court. Mr. Allen is currently a defense attorney who has clients with open

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cases involving Colerain Police Department arrests. Mr. Allen is used by several media outlets as a police
and legal expert.
Through review of the interviews and available video, it is clear that the situation was instigated by Ms.
Thomas who continued to obstruct the arrest of several violent suspects. After repeated warnings,
Officer Brian Huntington used the proper tools at his disposal to gain compliance. There is no violation
of any policy or procedure of the Colerain Police Department.

Page 17 of 17 COTP 03-18