Canton police detective Brandon Momirov was terminated Monday after kicking 21-year-old Jaemiir McElroy on the night of Aug. 24, according to Canton Director of Public Safety Andrea Perry.
Canton police performed an internal investigation of Momirov and a disciplinary hearing, which was held by Perry.
RELATED: Canton Police complete internal review of officer who kicked man during arrest
According to Perry, during the hearing, it was found that Momirov violated the following policies:
- No officer shall use more force in any situation than reasonable under the circumstances.
- Force shall only be applied in accordance with law and established departmental procedure.
- No officer shall display or brandish as a threat any weapon unless it is actual use in a situation that would be proper. However, when it is reasonable to anticipate that they may be required, weapons may be readied for use.
- No officer shall carry, use or modify any weapon or other police equipment unless it is approved by the department.
"Detective Momirov did not attempt to use de-escalation tactics. While the scene did appear to be chaotic at times, officers are trained to utilize restraint and control. Detective Momirov's actions are completely outside the realm of his training and the policies of the City of Canton. While commands were being given, he did not personally provide verbal commands prior to kicking said subject with his foot to gain compliance," the city said in a statement.
McElroy's attorney called the firing a good first step toward accountability.
"At the end of the day, they saw what we saw," said attorney Bobby DiCello, "An officer who inexcusably knocked Jaemiir McElroy, my client, to the ground. That wasn't a defensive move, that was an offensive attack."
DiCello believes Momirov should face criminal charges for his actions.
"Just imagine what would happen to someone who kicks an officer while they're on their knees with their hands in the air," said DiCello.
Instead, it's his client facing charges.
McElroy was charged with misdemeanor resisting arrest and obstruction.
They're charges DiCello said the 21-year-old plans to fight.
Monday afternoon, Canton Mayor William V. Sherer II released the following statement regarding the termination:
“Today, Detective Brandon Momirov’s employment with the Canton Police Department was terminated. As I’ve stated before, the behavior seen in the video we all saw was unacceptable. While I respect our officers who put their lives on the line each day to protect this community, that respect comes with much responsibility and commitment; a commitment to be held to the utmost level of professionalism regardless of the circumstances. I support the decision made today by Director of Public Safety Andrea Perry and will continue to entrust the vision of Police Chief John Gabbard as we forge a path to keep Canton moving forward.”
What happened
Around 8:30 p.m. on Aug. 24, a resident reported an argument involving 10-15 individuals in the 1800 block of Morris Avenue NE. Several officers responded, including detectives from the Coordinated Response Team, who had received information related to gun violence in the Mahoning Manor complex.
When officers arrived, many people fled from the scene, leading to two foot pursuits, one of which involved a person carrying a firearm visible to the pursuing officer, and the pursuit ended without an arrest.
Other officers encountered a group of men and ordered them to the ground, who appeared to be complying with officers.
"Detective Momirov, other members of CRT, and officers from the afternoon shift patrol responded to a call regarding a large fight involving firearms. Two suspects fled from officers on foot," the city said in a statement. "One suspect, who was not apprehended, was observed to be in possession of a firearm. The other suspect, Terrence Backie, was apprehended. Detective Thomas had approximately five (5) subjects detained and called for additional officers to assist. Various commands to subjects to either 'get on the ground' or 'get on your knees' were being given by the officers on scene."
In body camera footage shared with News 5, Momirov can be seen kicking McElroy in the chest, who was among the men on the ground. The group was then taken into custody.
"Detective Momiriv appears during the midst of all this and kicks one of the subjects, Jaemiir McElroy, in the chest as he is in the process of complying with the officers' commands. Mr. McElroy can be viewed on the body camera footage as being on his knees with his hands above his head." the city said in a statement.
RELATED: Canton police release body camera footage of officer kicking man during arrest
Officers recovered two Glock 9mm pistols on the scene. A backpack containing a large amount of marijuana, money and scales was recovered in a nearby vehicle.
