Complete timeline of pepper-spray incident at Montgomery County Jail


A retired Montgomery County jail sergeant in an exclusive interview with the Dayton Daily News explained how a video of a restrained inmate being pepper-sprayed at the jail got into the hands of a local attorney who brought national attention to it.

Eric Banks said he and another sergeant made a copy of the video and called the FBI — and gave the video to attorney Doug Brannon — because he was concerned sheriff’s office command staff were trying to cover up the incident.


Go here for the full story on the interview, including the response of some of the people involved.

Here is a timeline of the incident, assembled from Dayton Daily News coverage:

Pepper-spray timeline

Nov. 15, 2015: Judith Sealey, then a sergeant at the Montgomery County jail, pepper-sprays inmate Amber Swink while Swink was strapped into a seven-point harness. Fellow Sgt. Eric Banks says he saw video of the incident that night. Swink also had been pepper-sprayed earlier in the day but no video was taken.

Dec. 10, 2015: Banks says he brought up the Sealey pepper-spraying with their supervisor Capt. Charles Crosby, who alluded that there was an investigation.

Dec. 16, 2015: Internal email notes a computer drive holding all use-of-force photos and videos was deleted. Banks says he went into the camera that captured the Swink incident – which writes over itself every 56 days – and made a copy to make sure it was preserved.

RELATED: Sheriff: Missing Swink video isolated case

Feb. 4, 2016: Sealey becomes first minority woman in the Montgomery County sheriff’s office to be promoted to captain.

RELATED: 1st minority woman promoted to sheriff’s command staff

March 3, 2016: Sealey gets a letter of caution issued by then-jail commander Capt. Scott Landis for not filing all paperwork in the Swink incident.

RELATED: Missing paperwork raises questions about pepper spray probe

April 26, 2016: Sealey complains to Banks and Sgt. Ransley Creech that Chief Deputy Rob Streck told her there’s a video floating around of her pepper-spraying an inmate, according to Banks. She says that she filed paperwork, but command staff is making her take discipline for not filling out the forms.

June 2016: Banks says he and Creech met with their union attorney, who recommended calling the FBI and hiring private representation. Banks says he called the FBI and a Cincinnati law firm that didn’t call him back. They end up giving the info to Dayton attorney Doug Brannon.

June 20, 2016: Brannon’s law firm requests use-of-force records and video of the Swink incident.

July 5, 2016: Crosby sends a memo saying the records can’t be found. “I reviewed the original report when it was completed and it had the required use-of-force report, video and restraint (chair) log attached,” he wrote.

RELATED: Missing paperwork raises questions about pepper spray probe

Sept. 13, 2016: Brannon files a lawsuit on behalf of Amber Swink and posts a video of the pepper-spraying online.

Sept. 14, 2016: Media reports reveal details of lawsuit, including allegations of cover-up. Within days, Banks said he was visited by federal agents.

RELATED: Montgomery County sheriff’s office sued over pepper spray incident

Sept. 14, 2016: Sheriff Phil Plummer tells the Dayton Daily News: “(Sealey) shouldn’t have sprayed (Swink) in the chair. I’ll admit she was at fault. She was dealt with. … (Swink) was, according to the report, yelling and screaming, and (Sealey) sprayed her. It’s nothing we train and condone and that’s why she’s disciplined for it. She made a mistake.” RELATED: Montgomery County sheriff’s office sued over pepper spray incident

October 2016: Sealey is placed on paid leave.

October 8, 2016: The Dayton Daily News reports on Sealey’s use of force history, including incidents of Sealey pepper-spraying inmates through jail cell food ports. Sealey was not investigated or disciplined for use of force; the letter of caution she received was for not filing paperwork.

RELATED: Missing paperwork raises questions about pepper spray probe

November 2016: The Dayton Daily News I-Team reports federal agents are looking into case, as well as Dayton police.

RELATED: State inspection, federal probe, add to county jail’s woes

March 2017: A court document filed by Montgomery County in Swink’s civil case confirms the FBI, Dept. of Justice’s civil division, the U.S. Attorney’s Office and Dayton police are investigating the incident.

RELATED: Multiple agencies probe jail pepper-spraying, grand juries convene

May 1, 2017: Montgomery County Prosecutor Mat Heck says a grand jury declined to bring felony charges against Sealey; doesn’t rule out possibility of misdemeanor charges.

RELATED: Sheriff’s captain not indicted in jail pepper-spray incident

May 8, 2017: Sealey returns to work from administrative leave.

RELATED: Captain in pepper-spraying incident returns to work

July 11, 2017: Sheriff’s office is notified that Sealey has applied for medical retirement.

RELATED: Captain in pepper-spray case applies for medical disability retirement

Aug. 17, 2017: County officials confirm they settled the Swink lawsuit for $375,000.

RELATED: County to pay $375k in jail pepper-spray lawsuit

Nov. 8, 2017: Sealey is charged with one count of misdemeanor assault after Dayton prosecutors ask Cincinnati to review case to avoid conflict. A hearing in Dayton Municipal Court is scheduled for late December.

RELATED: Jail captain charged with assault for pepper-spraying inmate

Nov. 22, 2017: Banks provides deposition in a federal lawsuit brought by a man who alleges he was left permanently disabled after being beaten by guards at the Montgomery County jail. In his deposition, Banks alleged the sheriff’s office tried to sweep that use-of-force incident under the rug as well.

RELATED: Former sheriff’s sergeant gives his version on jail incidents

December 2017: Banks says he hasn’t heard from federal investigators in a year, and questions whether the federal probe is ongoing.

RELATED: Former jail sergeant alleges cover-up of pepper-spray incident








Source link