Prosecutor moves to drop fake gun charge against 15-year-old who was shot by police
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AKRON, Ohio (WJW) — The Summit County prosecutor has asked the county juvenile court to dismiss a complaint against a 15-year-old boy who was allegedly carrying a fake gun when he was shot by a police officer last month.
Akron police officer Ryan Westlake responded April 1 to a report of a man pointing a gun at houses near the intersection of Brittain Road and Ottawa Avenue.
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There, he found 15-year-old Tavion Koonce-Williams carrying what appeared to be a firearm, and opened fire, striking him in the hand. Police later determined the gun was a fake.
A complaint accused Koonce-Williams of brandishing a fake firearm in the presence of law enforcement, a first-degree misdemeanor, according to city code. Summit County Prosecutor Elliot Kolkovich on Monday announced his office has filed a motion to dismiss the complaint while the Ohio Bureau of Criminal Investigation continues its investigation into the shooting.
“Pursuing charges at this time against Mr. Koonce-Williams could undermine the independence of BCI’s investigation,” Kolkovich is quoted in the news release. “Charging decisions should only be made after the completion of a thorough review of the incident by independent investigators.”
Family attorney Imokhai Okolo in a Monday statement said prosecutors had “no choice” but to drop the charges without prejudice — meaning they can be refiled later — but that the threat of criminal charges still looms.
“What a contradiction to charge a 15-year-old for doing what kids do, while waiting for an investigation to finish before charging the adult police officer that shot him with no justification,” reads the statement, in which the term “police officer” is struck through, presumably to recognize Westlake’s loss of position. “What a contradiction to use your power to place blame on a 15-year-old and refuse to use that same power to hold a police officer accountable who has a pattern of violence.”
Westlake was placed on paid administrative leave following the April 1 incident. He has since been terminated for violations in two unrelated use-of-force incidents, the department announced on Monday.
A city spokesperson on Monday issued a statement on behalf of Mayor Shammas Malik:
“I respect the Summit County Prosecutor’s decision in this case, and my thoughts are with this young man and his family,” it reads.
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Koonce-Williams is an East High School student “with a promising future” who is “now grappling with the trauma of being profiled and having his life flash before his eyes after being shot,” reads a statement from his family’s attorney, Imokhai Okolo of Akron.
The family’s attorney called for the officer’s dismissal. The police union has argued the shooting was justified and that the officer had little time to react.
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