39-year-old Clifford Owensby said at a press conference on Sunday: “They dragged me to their car like a dog, like garbage.”
The Chairman of the National Association for the Advancement of Colored People of Dayton, Derek Feverd, said at a press conference that Owensby accused the Dayton Police Department (DPD) of profiling him, illegal arrests, illegal searches and seizures, and Failed to read his rights before going to prison.
Owensby’s lawyer James Willis said he plans to file a civil lawsuit.
“It will take some time to conduct some investigations, but we may receive some documents next month,” Willis said on Monday.
He said that Owensby’s son was in the car when he was arrested.
Willis said he believed the police’s actions were illegal.
“I think it is illegal and unnecessarily cruel, because they know he can’t get out of the car by himself,” the lawyer said.
“The video of this police interaction is very worrying,” Dayton Mayor South Wiley told CNN on Sunday.
“That’s why, after this incident, the city immediately released the body camera footage. All people involved should be thoroughly investigated, and the investigation is already underway,” she said.
“This incident illustrates why our community-led police reform process, including providing transparency, is more important than ever. Our goal has always been to ensure that our police force has the resources to do its work, while at the same time with dignity and respect. Treat all our citizens. Respect.”
Dayton Police Major Brian Johns said in a taped statement that officials called for the establishment of a drug testing department K-9 because they observed Owensby leaving a suspicious drug house in an area they had been monitoring.
Johns said that based on his past history of drug and weapon felony, coupled with their observation of him leaving the relevant residence, the police asked the drug test K-9 to conduct free air sniffing on the vehicle.
Johns said: “It is the policy of the Dayton Police Department to require passengers in the vehicle to leave for their own safety and the safety of K-9 officers in order to conduct this free air sniffing.”
According to the video, shortly after the radio call, one of the officers returned to Owensby sitting in the driver’s seat and let him get out of the car.
Owensby refused, then told the police officer that he couldn’t because he was paralyzed. “I am a paraplegic,” Owensby said. “I got help to enter.”
The officer told Owensby that he would assist him in getting out of the car, but Owensby told the officer not to touch him and asked the officer to call his superior. The officer responded that he would call his supervisor, but Owensby had to get out of the car first.
“So you can cooperate to get out of the car, or I will drag you out of the car. Do you see that you have two options here?” The officer yelled at Owensby, and Owensby again asked the officer to call his superior.
A few seconds later, the two police officers caught Owensby, and a fight ensued. One of the police officers grabbed his arm and collar, then grabbed his hair and dragged him out of the car. In the video, Owensby can be seen struggling on the sidewalk, yelling for help as two police officers subdued him.
Johns said Owensby was taken to a local hospital, where he was examined for possible injuries and was released. The police major also stated that the police retrieved a bag of cash from Owensby’s car, containing $22,450.
Owensby said on Sunday that the money was his savings and no weapons or drugs were found in the search. He has not been charged with any drug-related crimes.
The DPD police incident report showed that Owensby was charged with obstructing official duties and resisting arrest, both of which were misdemeanors.
“I have nightmares,” Owensby said of his arrest. “I shouldn’t be out of the house every day, wondering if this will happen to me again.”
correct: An earlier version of this story misspelled the last name of Dayton Unit NAACP Chairman Derrick Foward.
CNN’s Mirna Alsharif and Amy Simonson contributed to this report.