Man killed by Springfield Twp. police had unsuccessfully sued township over zoning
Jeremy McCracken, the man shot and killed earlier this month by Springfield Township police, had unsuccessfully sued the township in the summer in federal court saying his civil rights were being violated in a zoning dispute.
New records obtained by the Akron Beacon Journal also provide additional details on what happened on Oct. 5 after police went to McCracken's home over a zoning violation involving what the township considered to be a junk vehicle. Two officers reported finding a gun near a wounded McCracken.
Initial report:Man killed Wednesday after shooting at Springfield police identified
Springfield police have said McCracken, 38, opened fire on them and was shot by officers at his East Waterloo Road home while the township was trying to tow the vehicle. The officers were uninjured. The shooting is being investigated by the Ohio Bureau of Criminal Investigation. The township officers involved in the incident have been placed on administrative leave.
Why did McCracken sue Springfield?
On Aug. 8, McCracken filed the lawsuit in U.S. District Court for the Northern District of Ohio alleging township officials and employees violated his civil rights by coming onto the East Waterloo property where he lived, but was owned by his father.
The lawsuit says that Springfield Township police accused McCracken of having a "junk motor vehicle" on the property in violation of local law.
McCracken filed the lawsuit on his own without an attorney.
He claimed Springfield Township had removed two other vehicles in February from a property on Edith Avenue, also owned by McCracken's father, and that Jeremy McCracken was not compensated for their removal. The lawsuit alleged the action taken at the Edith Avenue site was also a rights violation.
McCracken was seeking punitive damages totaling $1 million from the township and police department, and $250,000 in punitive damages ‒ $50,000 apiece ‒ from five Springfield Township officials.
But U.S. District Court Judge Benita Pearson on Aug. 31 dismissed the lawsuit, saying in part McCracken failed to demonstrate that his constitutional rights were violated by the township.
Officers report gun found at scene
Springfield Township police incident reports and investigative supplemental reports released Tuesday mostly describe what responding officers saw after the shooting. The records do not include reports filed by the officers directly involved in the shooting.
One report said officers went to 2348 E. Waterloo Road at 11:18 a.m. Oct. 5 to tow a vehicle for a zoning violation and were waiting for a tow truck to arrive.
"A short time later, officers transmitted via radio that shots were fired and to send EMS," an officer said. "Myself and other officers responded to the scene. The officers involved stated that McCracken exited the rear of his house and began firing at them without any warning. The officers involved stated they feared for their safety and the safety of others on scene and returned fire."
In another report, an officer said he was in his office when he heard a radio transmission saying shots were fired. He said when he got to the scene, he saw a flatbed tow truck backed up to a car on the property.
He said he saw another officer "attending to a male suspect who was laying on his stomach. The male subject was breathing but not responsive. The male had [one] handcuff on his left wrist. There was a large revolver with the hammer cocked back laying not too far away from the suspect."
One officer said when he got to the scene he saw a gun about three feet in front of McCracken, who appeared to be breathing and had a gunshot wound to the torso.
One officer reported he went to neighboring properties to check on the welfare of people there "due to bullets going different directions." The officer said a crime scene log was started and that he turned over witness statements to BCI investigators.
Another officer collected guns from the officers involved in the shooting and made sure that the weapons were first unloaded before being placed in evidence bags and turned over to a detective.
This article originally appeared on Akron Beacon Journal: Jeremy McCracken, killed by Springfield police, had sued township
