Police Chief investigated officers’ actions one week after 19 Investigates’ reports, full year after incident occurred.
By Mike Mason - WOIO
Published: Aug. 7, 2024 at 4:18 PM EDT
ELYRIA, Ohio (WOIO) - More than a year after three Elyria police officers stormed into a home, tased and arrested a man without a warrant – the police chief has found that his officers are really the ones who crossed the line. After an internal investigation, Chief William Pelko has recommended that one of the three officers involved in the May 11, 2023, incident be suspended ― and another veteran officer be terminated.
19 Investigates first exposed how officers handled this case back in April. The man police arrested, Raul Ortiz, has since decided to file a federal lawsuit against the department.
Attorney Tony Nici represents Ortiz. He says his client will never forget the day when those officers recklessly barged into his home for no apparent reason.
“Under the law they’re all guilty,” said Nici.
Nici has a law enforcement background that spans decades. Since switching careers, he has represented numerous law enforcement officers throughout Northeast Ohio. He says the three who entered Ortiz’ home without a warrant not only tazed and arrested him without cause, but also falsely charged him with several felonies. Nici says the officers never had a reason to enter the home or even suspect Ortiz had done anything wrong in the first place.
Last Thursday, Chief Pelko completed his investigation into the incident and determined that two of his officers did indeed violate several departmental policies. Those officers include Paige Mitchell and Colty Hersh.
Pelko found Hersh violated 4 of the department’s rules and regulations ― including “unsatisfactory performance” and “arrest search and seizure”. He recommended Hersh receive unpaid suspension for 30 days― but because Hersh stated in “hindsight” he would not have made entry into the home, Pelko suggested he only be given a 20-day suspension, on condition he does not have any similar violations for the next two years.
Mitchell, a veteran officer who joined EPD in 2015, received the harshest discipline. Pelko found that she violated 10 of the department’s policies governing police conduct ― including “violation of rules”, “field interview and pat-down searches”, “unsatisfactory performance”, “conformance to laws”, “arrest search and seizures” and “truthfulness”. Pelko recommended that Mitchell be terminated.
The third officer, Chris Lewis, was a rookie at the time, which could be the reason he didn’t receive any discipline.
Pelko’s sent his findings to Elyria’s Safety Service Director Chris Pyanowski, who placed Mitchell on paid administrative leave pending his review of the Chief’s recommendation. In a letter sent to Mitchell, Pyanowski instructed her to surrender her issued firearm and badge and advised her to not come on City property during her leave. He wrote, “you will be notified of further proceedings related to my consideration of the Chief’s recommendations as they occur.”
The incident happened on May 11, 2023, at Ortiz’s home on Garvin Street in Elyria. The three officers had previously met up with Ortiz’s ex-girlfriend, Brittney Warner. She told them she was leaving Ortiz, had previously lived at the home, and needed help getting back in to retrieve her belongings. On Mitchell’s body cam video, Mitchell can be heard telling Warner that since she was a resident of the home, she had the right to break in.
“You’ve lived here, so if you want to kick the door in and go in and get your stuff, you’re more than welcome to,” Mitchell said.
“He’s got a dead bolt lock,” Warner replied.
“Any door can be kicked in depending on how hard you work on it,” Mitchell said.
Warner can then be seen kicking the door open. All three officers then followed her in ― one had his gun drawn.
“You done kicked my f***ing door in!” Ortiz can be heard yelling at the officers.
“We did not, we did not,” one officer replied.
“Don’t touch me dude, don’t touch me,” Ortiz yelled. “Get off of me!”
Officers can then be seen wrestling with Ortiz on the second-floor stairwell landing. They tried handcuffing Ortiz, but he resisted because he had recently undergone surgery to have a pacemaker implanted in his chest.
“I have a heart monitor!” Ortiz screamed.
“Get your hands behind your back right now! Right now!” Mitchell shouted at Ortiz.
“Stop touching me and I will,” said Ortiz.
Despite telling officers about his medical condition, Mitchell tased him anyway. Ortiz was then arrested and charged with several felonies and misdemeanors, including three counts of assaulting a police officer and one for obstructing official business. He spent nine days in jail and faced years in prison if convicted.
Months later ― after filing several court motions ― Nici obtained Mitchell’s body cam footage. Lorain County Prosecutor J.D. Tomlinson then dropped all charges against Ortiz. Nici says it was clear that the video didn’t match the information in the officers’ incident reports.
“They didn’t report the facts as they happened,” Nici said.
Nici says if the officers had first contacted the homeowner, they would’ve realized Warner had already moved out ― and had no legal right to enter the home. The homeowner confirmed that Warner did move out and turned in her keys earlier that morning.
19 investigates first exposed how officers handled the situation this past April, approximately one year after the incident occurred. Coincidentally, Pelko didn’t begin investigating the officers’ actions until one week after those reports first aired.
“I think the main reason is your investigative reporting, so kudos to you,” said Nici.
Despite numerous requests, Pelko, Pyanowski and Mayor Kevin Brubaker have all declined to comment about this incident. Nici says this is a serious situation that Pelko should address publicly.
“In this case ― at no time ― has he ever stepped up to the microphone and taken responsibility for his department’s actions,” said Nici. “That’s just wrong.”
Nici has since referred the case to attorney Brett Murner, who filed a civil rights complaint in federal court against a number of defendants, including each individual officer, the Elyria Police Department and City of Elyria.
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