The Akron Police Department released its long-awaited internal review of the Jayland Walker shooting and determined no department policies were broken.
Akron Police Chief Stephen Mylett released his administrative decision in an executive summary Tuesday following an internal investigation into the June 2022 shooting death of Jayland Walker by eight officers.
"The most important and significant question that needs to be answered is whether the officers’ use of deadly force on June 27, 2022, was in accordance with APD policies," Mylett said in the memo. "In my opinion, the use of deadly force was in compliance with the policies of the City of Akron Police Department."
Earlier this year, a special grand jury declined to indict the officers involved in the shooting on criminal charges.
RELATED:Jayland Walker grand jury declines to indict Akron police officers for fatal shooting
Watch more about the grand jury's decision in the player below:
"I believe this decision was predicated on the use of force being objectively reasonable based on the facts and evidence presented to them by the Attorney General’s Special Prosecutor," Mylett wrote in the internal review memo.
The chief said he reviewed the officers' use of force and found "that the facts and circumstances of this tragic shooting show that the officers had an objectively reasonable belief that Mr. Walker was armed and by his conduct presented an imminent risk of serious bodily injury or death to them and/or their fellow officers."
Mylett further stated, "I also believe the Special Grand Jury determined the officers’ use of force was not excessive when it decided against criminal charges. I find that the officers did not violate agency policies when they used deadly force."
The memo states that one of the officers was found to have an extended magazine on his service weapon that increased its capacity by six rounds. He also had two rounds of training ammunition in it. According to Mylett, the officer was under the impression from other officers that having an extended magazine was permissible by the department— something that was reviewed among the department's policies and procedures, which uncovered an "absence of clear language addressing the topic."
"I find that the officer did not intentionally violate any policy or procedure when he added an extension to his department issued magazine," Mylett wrote. "In response to this discovery, the agency conducted a policy review and adjusted policies where needed. The officer was verbally counseled to pay closer attention when reloading his magazines after he qualifies with his weapon."
The chief said in the memo that the Ohio Bureau of Criminal Investigation's review of the matter found that the extended magazine "had no bearing on the outcome of this officer’s actions during this incident as the number of rounds he fired was well below the magazine’s original capacity."
Mylett also addressed the two patrol cars that entered into the pursuit before Walker was shot had not been authorized by an on-duty supervisor, and two officers in one of those cars didn't turn on their body cameras.
"Given the totality of the circumstances at the time of the pursuit, to include the significant officer and public safety issues present and the dynamics of the situation, and based on the accounts of the officers involved, I find that no officer intentionally violated agency policies when they entered the vehicle pursuit nor did any officer intentionally fail to activate their body worn cameras," Mylett wrote.
According to the chief, the department's new in-car camera program will ensure that body cameras are activated during a pursuit.
Mylett said that the dynamic of the vehicle pursuit changed from a routine traffic stop to a public safety concern when Walker fired his gun at or in the direction of the officers and that when Walker stopped his car and exited with a ski mask "on warm June night," it caused the officers to "fear a more severe crime."
Mylett called the encounter the officers faced "very fluid and very dangerous" and that the actions of two officers who deployed their Tasers were within department policy.
"He (Walker) was given multiple commands to show his hands. Mr. Walker while fleeing on foot, refusing multiple commands to show his hands, turned towards officers, reached to his waistband and raised his arm in a shooting posture. This caused officers to believe he was still armed and intended on firing upon officers. Officers then fired to protect themselves and their fellow officers," Mylett said.
Mylett said the officers' actions that night were "objectively reasonable and the officers complied with the use of force policy."
"This was a very dynamic, dangerous and fluid event and all officers were focused on safely apprehending the fleeing suspect and when presented with a reasonably perceived life-threatening danger, acted to protect themselves and their fellow officers," the chief stated.
CLICK HERE to read Mylett's full memo on the matter.
Bobby DiCello, the Walker family's attorney, released the following statement about the department's investigation being concluded and Mylett's view on the matter:
“Everyone should be encouraged to read what the Chief of Police wrote. He said Jayland’s shooting ‘was in compliance with the policies of the Akron Police Department.’ That says it all. While not unexpected, it is exactly this position that makes it critical for us to continue the lawsuit on behalf of Jayland Walker’s family. In fact, it is exactly because of this position, that we look forward to moving this case further through our justice system.“
The Akron Fraternal Order of Police Lodge #7 issued the following statement about the investigation's conclusion:
"The Fraternal Order of Police, Akron Lodge 7 continues to support the Akron Officers involved in the tragic deadly use of force incident that occurred on June 27, 2022. The union agrees with the findings of the BCI investigation, The Grand Jury decision, and now the findings of the Akron Police Department internal investigation.
Police operations, policies, and procedures must be based on the rule of law. In use of force issues in Ohio, those rules come forth from the United States Supreme Court and the Ohio Supreme Court. In both those legal standards our Akron Officers were found in lawful compliance.
The use of force policy of the APD is based on those legal standards. In the Jayland Walker case, the officers involved have now been found to have been in compliance with the Akron Police Department's legal based policies. Unfortunately, Jayland Walker created dangerous circumstances which led to the use of deadly force. Though tragic, our officers were within the law and agency policy."
Akron Mayor-Elect Shammas Malik issued the following statement about the investigation findings:
"Today, the Akron Police Department released a summary of the internal investigation into the killing of Jayland Walker, finding that the use of force by APD officers did not violate department policy, in part because of the earlier decision by a Summit County grand jury not to bring criminal charges against the officers. The document also discusses other potential violations of department policy and does not find any violations of policy resulting in discipline.
The killing of Jayland Walker is a tragedy that our community continues to grapple with. Earlier this year, when the grand jury determination was made, I accepted those findings, including the evidence that Jayland fired a weapon during the police chase. I also reiterated my concern about the amount of force used during the video of Jayland's final moments.
As my administration takes office in January, we will review APD policies, procedures, and training and take all appropriate steps to make deadly incidents less likely. We will work with our community and our police force to ensure that every person in Akron is treated with dignity and respect in all interactions with our city government.”
Read more of News 5's extensive coverage of Jayland Walker by CLICKING HERE.
