Struthers chief probes complaint that alleges excessive force
Police said the elder Gabriel interfered with the arrest of his son.
STAFF REPORT
STRUTHERS — Police Chief Robert Norris is continuing an internal investigation of a complaint by a city resident that says a patrolman used excessive force in arresting him.
The complaint stems from a Dec. 15 incident at 108 S. Bridge St. when Struthers patrolman Richard Craig was dispatched to help Lowellville Acting Police Chief Roger Vance serve felony warrants charging Michael Gabriel Jr. with receiving stolen property, credit card misuse and theft.
According to Craig’s report, Craig and Vance met at the South Bridge address, where they located Gabriel Jr. and asked him to come out of the home.
He complied, but his father, Michael Gabriel Sr., followed. While Vance was handcuffing Gabriel Jr., the father quickly approached to within inches of Vance and demanded to know what was going on.
Craig said he ordered Gabriel Sr. to back up, and when he did not comply, Craig put his hand on the father’s chest and began to push him away from Vance. But instead of retreating, Gabriel Sr. resisted, the report said.
Craig then told Gabriel Sr. he was under arrest, but when the officer attempted to handcuff him he continued to resist by lowering his body and pulling his arms to his midsection and clenching his fists.
The officer said he then took Gabriel Sr. to the ground, where he continued to push back as Craig attempted to turn him over to handcuff him.
In the meantime, Vance was unable to help Craig because after he had Gabriel Jr. handcuffed, the suspect ran into the house and Vance followed. When he had Gabriel Jr. under control, Vance helped Craig get Gabriel Sr. handcuffed.
At that point, Craig said, Gabriel Sr. said he had a disability and was not able to get off the ground.
Craig lifted him up to walk to the cruiser, and Gabriel Sr. said he could not sit inside because of his disability.
Eventually, Gabriel Sr. was placed into the cruiser and taken to the police station, and was released on bond.
In his report, Craig said the only known injury suffered by Gabriel Sr. was a cut on his forehead.
The next day, Gabriel Sr. filed a written complaint with the Struthers Police Department.
Norris refused to release Gabriel’s complaint, but said the essence of it is that Gabriel Sr. said he did nothing and that the policeman used excessive force.
The Gabriels were arraigned in Struthers Municipal Court on Dec. 17, and had their preliminary hearings on Dec. 22.
Gabriel Sr., charged with resisting arrest, a misdemeanor, and obstructing justice, a felony, is free on $100 cash bond.
His trial on the resisting charge is scheduled in municipal court for March 2. He was bound over to the Mahoning County grand jury on the felony charge.
Gabriel Jr. was bound over to the grand jury on three felony charges. He is free on cash bonds totaling $1,000, court officials said.