The 15-year-old boy who was shot by Akron Police earlier this month while carrying a fake gun has been charged with having a facsimile firearm, according to police.
The charge is a misdemeanor.
News 5 reached out to Akron Police Department and at this time, they say they aren’t providing any interviews or giving any comment due to the ongoing investigation.
Meanwhile, the family's lawyer, Imokhai Okolo responded, calling the charge "unconscionable."
"The actions taken by the City of Akron and the Akron Police Department are Unconscionable. It is not a crime to have a toy gun. It is not a crime to be a 15 year old playing with toys. It is not a crime to be a Black kid in Akron Ohio doing what kids do. Too often we see this city using their law department to weaponize criminal charges against Black youth in an attempt to avoid civil liability and shield themselves from political backlash. It’s disgusting, unethical, and wrong. Our community deserves better."
As Okolo works to defend 15-year-old Tavion Koone-Williams, Law Enforcement Procedures and Security Expert Tim Dimoff tells News 5 the reason this charge came down is because it’s against the law for any person to carry a replica, a toy or even a starter pistol that bares a reasonable resemblance that can be perceived as an actual gun.
He also says it’s unlawful for a person to draw, exhibit or raise a facsimile firearm, so when someone is charged with this violation, they’re guilty of brandishing a replica firearm in the presence of a police officer.
“In the last X number of years, there's been a lot more fake firearms or replicas being used out in the streets and being used to commit crimes, robberies and, and other types, and it's really increased the replica or facsimile firearms,” said National Law Enforcement Procedures and Security Expert, Tim Dimoff.
Still, Okolo calls for Officer Ryan Westlake to be held accountable.
Family has called for firing of officer
The family and lawyer of Tavion Koonce-Williams held a press conference last week to express their outrage at the police department and called for the firing of the officer who fired the shot.
RELATED: Family of teen with fake gun who was shot by Akron police calls on city to fire officer
Okolo called on the department to fire officer Ryan Westlake, and for charges to be filed against him, as well as an investigation into the Akron Police Department by the Department of Justice.
"Akron Police Department needs to be held accountable for the excessive force you use on our Black babies. It is not OK," Tavion's mother, Angel Williams, said. "We are sick and tired of watching our babies die in the hands of people who took an oath to protect and serve."
What body cam showed
Body camera footage released by the City of Akron showed Akron Police officer Ryan Westlake shoot and strike Tavion Koonce-Williams, 15, in the hand immediately after the officer drove up to the scene following a call that someone walking down the street was aiming a gun at houses.
The officer did not know it was a fake gun.
RELATED: Body camera footage shows Akron officer shoot teen who had fake gun
At about 7:04 p.m. on Monday, April 1, the City of Akron’s communications center received a 911 call from a resident reporting a person with a gun near Newton Street and Tonawanda Avenue, according to the edited video release by Akron Police.
“I’m walking my dog and there is a guy walking down Newton Street and he was aiming a gun at people’s houses. He pulled it out and was acting like he was going to shoot their houses,” the 911 caller said.
The caller said they saw a black gun but could not provide more details on what kind of gun it was. The dispatcher took more details on the person’s description and which direction they were heading.
At about 7:11 p.m., the officer saw a person matching the caller’s description walking on Britain Road near the corner of Ottawa Avenue.
As the officer exited his patrol car, he issued a verbal command for the subject, later identified as a 15-year-old boy, to show his hands and then fires a shot.
The teen immediately starts yelling, “It’s fake! It’s fake!” as the officer announces, “Shots fired!” over his radio.
The officer orders the teen to ground at gunpoint, and the teen drops to the ground while continuing to tell the officer the gun is fake.
The officer handcuffs the 15-year-old, and blood from the shooting wound can be seen on body camera.
More officers arrive, and they remove the cuffs and begin rendering aid to the teen by applying a tourniquet.
As officers attended to the boy’s wound, he told them he was on his way home from his cousin’s funeral.
“I’m a good kid, I get As in school, I play football. I just wanted to be safe. My cousin just died,” he said.
He was then transported to Akron Children's Hospital.
The officer
The City of Akron released the officer's personnel file earlier this week.
The officer, Ryan Westlake, was fired in July 2021 for several policy violations, including for a time when he was extremely drunk and muzzled a gun at his girlfriend.
The officer was reinstated a day later, and given his original 71-day suspension for the violations.
Tavion's lawyer, Imokhai Okolo, says Westlake has another questionable use of force.
"Where this officer tazed someone unjustly another officer even tried to stop him from tazing this individual for absolutely no reason," Okolo said.
In response to a question by News 5 Investigators about any pending disciplinary action against Westlake, the city said the personnel file was complete at the time of its release and that not every file on officers is kept with the personnel file.
