APD video shows Jayland Walker protesters throwing items before officers used chemicals

Akron Police Chief Steve Mylett said officers deployed pepper spray and other chemical irritants during a Copley Road protest last week only after protesters threw water bottles and other objects at them.

In a press release and video statement released Saturday, Mylett said officers “remained out of the way” and allowed protesters to march for about two hours in the South Hawkins Avenue and Copley Road area. He said Akron officers, with help from Summit County sheriff’s deputies, stepped in when traffic became highly congested.

Mylett said officers tried to engage with protesters to get them to leave the roadway but protesters threw rocks, bricks and bottles containing unknown liquids at them. He said one bottle hit a deputy in the head.

“Officers gave multiple orders to disperse before deploying chemical irritants,” the chief said in a video message that was about nine minutes long.

Akron has been on edge since last week when a special Summit County grand jury cleared eight Akron officers in the 2022 shooting death of Walker.

Akron reacts to Jayland Walker decision: Latest news updates

The officers shot Walker more than 40 times after he fled first by car and then by foot. Walker was unarmed when he was shot, though state investigators said he fired his gun out of his car window while fleeing from police.

Several protests and marches have been held since the grand jury’s decision, including a protest in the Copley Road area about 8 p.m. Wednesday in which officers dispersed protesters with pepper spray and tear gas.

'Say his name': Small protest in West Akron continues week of marches for Jayland Walker

Akron agreed late Friday to a temporary restraining order that forbids officers from using chemical irritants against peaceful protesters after the Akron Bail Fund sued the city in federal court. The restraining order will last 14 days.

More: Akron agrees not to use tear gas on non-violent protesters after local group sues

Mylett releases edited video of Copley Road incident

Mylett initially declined to discuss the Copley Road incident, saying he needed to review the videos.

Police said right away that protesters had thrown bottles, rocks and other objects. Eyewitnesses and some media, though, said they did not see anything being thrown before police took action.

Mylett released an edited video Saturday that shows three examples of objects being thrown at officers and deputies as they walked toward the Copley Road protesters.

A drone video shows what appears to be a bottle being thrown toward police from the street and a second object being thrown from the side. A body-camera video shows an object thrown that hit one officer and landed on the sidewalk.

An officer sitting in his cruiser in the video said: “Look out! They’re throwing stuff now.” Someone on the police radio then said: “Alright, they’re starting to throw bottles. If we need to spray, start spraying.”

The video then shows officers yelling, “Move!” to the protesters while deploying pepper spray.

The Beacon Journal wasn’t able to confirm the sequence of events in the police department’s video.

The Beacon Journal has requested incident and use-of-force reports for the Copley Road protest and body-worn camera videos of the officers and deputies assigned to the protest. The newspaper also requested the drone video of the incident taken by the Ohio State Highway Patrol.

Akron Bail Fund sues the city, claiming excessive against protesters

The Akron Bail Fund, a group that supports protesters, sought an injunction and temporary restraining order against the city Friday in U.S. District Court in Akron, alleging that the city was using excessive force against protesters and violating their constitutional rights.

More: 'First Amendment speech has been chilled,' says attorney seeking injunction against Akron

The group pointed to the Copley Road incident as the main reason it had taken this step.

Elizabeth Bonham, a Cleveland attorney representing the Bail Fund, said it was her understanding that protesters weren’t taking any unlawful actions before police used force against them. Bonham said she is continuing to investigate and gather information about what happened.

“Peaceful protests were ongoing,” she told the Beacon Journal Friday. “The city decided they didn’t like it. That’s not something they can lawfully do.”

The Bail Fund and city came to an agreement late Friday that says police may not use tear gas, pepper spray, flash-bang grenades and other uses of force against nonviolent protesters to enforce dispersal orders, traffic laws and/or misdemeanors. This applies to protesters who aren’t threatening physical harm or property damage, trespassing on private property or government buildings or impeding emergency services.

The agreement defines nonviolent protesters as those who are “chanting, verbally confronting police, sitting, holding their hands up when approaching police, occupying sidewalks or streets apart from expressways or freeways, and/or passively resisting police orders” to exercise their First Amendment rights.

This agreement resolved the Bail Fund’s request for a restraining order but didn’t settle other allegations the group has raised in its federal lawsuit, including police making unnecessary arrests, having protesters’ vehicles towed, restricting where protests may be held and sending people arrested to the Stark County Jail.

Akron mayor defends officers’ actions

Akron Mayor Dan Horrigan defended the officers’ actions in a statement and said the officers’ use of chemical irritants in this situation would be consistent with the restraining order.

“While some may not agree with the use of chemical irritants, the facts remain that when people start throwing objects at police officers, they are no longer peaceful,” Horrigan said.

Horrigan said protesters and cars blocking traffic becomes a safety issue because it could impede emergency vehicles from getting through this area.

Fire Chief Joseph Natko echoed this concern.

“It is absolutely critical that fire trucks and EMS vehicles be able to quickly and efficiently get to their locations,” Natko said in a press release. “Even an extra 10 seconds getting a patient to the hospital or getting to the scene of a fire can literally mean life or death.”

Lt. Tim Morrison, a spokesman for the fire department, said Monday that no emergency vehicles were impeded from responding to calls because of the Copley Road protest.

Mylett said in the news release that the city’s policy has never been to use chemical irritants on nonviolent protesters.

“The evidence supports the officer’s use of OC spray to disperse the crowd on Copley Road due to various objects being thrown at police officers,” the chief said. “This department supports peaceful protest and will continue to do so.”

Mylett said the department has appointed Sgt. Michael Murphy as a community engagement officer to assist protest organizers with any questions they have or concerns that arise. Murphy can be reached at 330-217-5843 or mgmurphy@akronohio.gov.

Mylett encouraged protesters to look at a guide to protesting created by the American Civil Liberties Union (ACLU) that’s on the city’s akronupdates.com website.

More: What to know if you're protesting about grand jury in Jayland Walker police shooting case

“I know there’s a lot of pain in our community and we’re all hurting,” Mylett said at the end of his video. “It is my hope we will work together as we move towards healing in this community.”

City’s statements and video draw mixed responses

The city’s statements and the edited video of the Copley Road incident drew mixed responses.

The Akron police union said in a Facebook statement that this is the “lawless city” that several mayoral candidates and one council candidate want Akron to become.

“Please avoid Akron at this time if at all possible,” the union said. “God help those who live and work here.”

Many people posted Facebook statements supporting police.

“The silent majority 100% backs the blue,” one woman said. “Thank you for risking your lives everyday to protect and defend all our lives.”

“If police lives are threatened with bricks, rocks and bottles, don’t they have the right to use deadly force?” another man asked.

Others, though, were critical. One man asked why police had released only a partial, edited video of the protest.

“We don’t believe you,” he said.

“Glad it’s a restraining order against y’all,” a woman said.

Stephanie Warsmith can be reached at swarsmith@thebeaconjournal.com, 330-996-3705 and on Twitter: @swarsmithabj.

This article originally appeared on Akron Beacon Journal: Akron police, city leaders defend use of force in Copley Road protest