Ohio Dept. Releases Pepper-Spray Policy in Probe

Oct. 3, 2012
An internal affairs investigation has been started to see whether the Miami Township deputy violated any policies when he hosed down a naked girl, alone, after she was pepper-sprayed while being arrested.

Oct. 03--MIAMI TWP., Montgomery County -- The Miami Twp. Police Department released its pepper-spray policy Tuesday, responding to a records request filed by the Dayton Daily News and News Center 7.

The news organizations requested the policy after learning that Maj. John DiPietro, the deputy chief of the department, was under investigation regarding the decontamination of a 17-year-old girl on July 12, who Sheriff Phil Plummer confirmed had been pepper-sprayed while being arrested.

DiPietro is not mentioned in a July 12 police report about the incident, which lists two other arresting officers.

Plummer confirmed Monday that his office was starting an internal affairs investigation to see whether any policies or procedures were violated. Plummer said that DiPietro hosed down the girl, who was naked, and DiPietro was alone with her at the time.

Montgomery County Prosecutor's Office spokesman Greg Flannagan confirmed Monday that the office had reviewed a criminal investigation of DiPietro's conduct, done by the sheriff's office, and found that there was "insufficient evidence that any felony occurred."

The Daily News and News Center 7 are still pursuing other records about the situation, as well as a video of the incident. On Tuesday, the prosecutor's office again denied the request for the video, claiming that because it involves a minor and contains nudity, it would be illegal to release it. Prosecutors also said that "the footage on this video tape is subject to the constitutional right of privacy under the Fourteenth Amendment's Due Process Clause."

The policy released Tuesday is a training bulletin dated June 11, 1996. It notes that pepper spray, also known as OC spray, is "a derivative of the cayenne pepper and creates a burning sensation when sprayed directly into the eyes or onto the skin. The severe symptoms of OC spray are expected to disappear in 45 minutes or less with only minor side effects, ie: red skin, mild burning sensations around exposed areas."

The bulletin also states that "the primary OC application targets include face, eyes, nose and mouth. After the subject has been subdued, he/she should be decontaminated as soon as possible. The suspect should be taken to a ventilated area and kept calm. The officer should flush the effected area with clear water and soap. Medical attention should be given if the person complains of injury."

The bulletin also states that "as with any type of force, a Use of Force report should be completed and given to the shift supervisor before the end of the shift."

The bulletin does not state whether clothing should be removed during a contamination. Police Chief Chris Krug declined to comment on that issue.

According to Ohio Peace Officers Training Academy, those who have been pepper-sprayed should be exposed to fresh air and exposed tissue should be flushed with clean, fresh water. Soaps and ointments should not be used, as they tend to hold OC particles on the skin, according to the the lesson plan for the basic class on chemical agents.

The training academy guidelines also says that police should "allow contaminated individuals to shower and change clothing."

Krug said Tuesday that the spray is most effective when sprayed into a person's face, and he assumed that the officer who sprayed the girl tried to direct the spray there.

"That's the area I'm sure that officer was aiming for," he said.

However, Krug said, other factors can affect the direction of the spray, including wind and the positioning of the officer and the person being arrested. The spray is generally used to subdue someone resisting arrest.

"There's probably some level of struggle going on," Krug said. "It means we're encountering some kind of resistance."

Krug said he could not comment on the specifics of DiPietro's actions, due to the pending investigation. But he said he wanted the public to know that the investigations were not generated by a citizen complaint. Instead, information about the incident was given to Krug, who decided to have an outside agency handle the investigations.

"I obviously perceived there were some significant issues there that needed to be looked at," Krug said.

DiPietro has declined comment, citing the pending investigation.

The July incident started when the girl and another person were arrested after an alleged theft offense at Plato's Closet, 8319 Springboro Pike, according to an incident report obtained by the Dayton Daily News. The narrative states that the police were dispatched on a theft complaint.

The second person arrested is Patricia Cooley, 18, who could not be reached for comment. Cooley, of Dayton, is charged with a misdemeanor theft count, according to Miamisburg Municipal Court records.

The 17-year-old girl and her mother have declined comment.

On July 13, the Dayton Daily News reported two women were taken into custody after allegedly stealing clothes from Plato's Closet. A police officer was following the suspects in a vehicle when the passenger began throwing clothes out of the window.

The driver pulled into a gas station at the intersection of Ohio 741 and Alex-Bell Road, and the passenger took off running, according to police. The officer chased the female passenger down and she was pepper sprayed after she struggled with him, police said.

Copyright 2012 - Dayton Daily News, Ohio

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