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Undue force by Boardman officers alleged
Photo
Nichols
BOARDMAN
(EDITOR'S NOTE — This story was edited after publication when it was learned the police report mistakenly referred to Lennie Brandon Sliwinski as an attorney. Sliwinski is not an attorney.)
The township has hired an outside agent to investigate an allegation of excessive force by officers during a December traffic stop.
“We did receive a letter about six weeks after the [Dec. 24 traffic] incident that does allege excessive force,” said Police Chief Jack Nichols.
The township is paying about $1,500 to a former Pennsylvania man, who is a Maryland state police officer and Drug Enforcement Administration agent, to conduct the investigation expected to be completed next week, Nichols said.
About 1:20 a.m. Dec. 24, Boardman Sgt. Paul Grimes pulled over a Ford Focus on Western Reserve Road, just east of Beard Road, after a slow pursuit following a traffic violation that occurred at South Avenue and Western Reserve, police records show.
The traffic stop occurred in Springfield Township.
The driver was Dale Paul Golden, 26, of Fort Collins, Colo., and the passenger was Lennie Brandon Sliwinski, 25, of Austin, Texas. Golden told police they had come from Tiffany’s Bar and that Sliwinski was unable to drive because he was intoxicated, according to reports.
Grimes gave Golden a field sobriety test and then asked him to take a portable breath test, which was administered by Boardman Patrolman Stephen Dubos and a Springfield Township officer. Boardman Patrolman Joseph O’Grady also was on the scene.
A narrative written by Grimes states Sliwinski left Golden’s car and leaned against the cruiser and tried to shout advice to Golden during the breath test. Then “I heard a disturbance and saw Sliwinski laying on the roadway behind the cruiser,” the report states.
Dubos’ narrative is similar and says as he gave Golden the test, he observed Sliwinski was unsteady on his feet and told him to return to Golden’s car.
Dubos wrote that Sliwinski instead placed his head in the cruiser window, yelled at Golden not to take the test and then Dubos “again ordered him to back up. Simultaneously, I raised my right hand and attempted to push Lennie out from between Golden and I. He stumbled a few steps back and then fell to the ground on his butt.”
Sliwinski, who was wearing a medical boot from a previous ligament injury, said he was not injured and did not need an ambulance, according to reports.
Before the breath test was administered, Sliwinski’s father, Maj. Leonard Sliwinski of the Mahoning County Sheriff’s Office, arrived and witnessed his son falling into the roadway.
Nichols said Maj. Sliwinski spoke to him about his concerns of possible excessive force a few days after the incident and then filed the allegation of excessive force six weeks later.
Golden’s blood-alcohol content was under the legal limit, and he was issued a traffic citation for an improper wide turn that occurred in Boardman. Golden appeared in Mahoning County Area Court in Boardman in February and ended up paying a $25 fine and court costs.
Sliwinski was charged Feb. 13 with obstructing official business and being an intoxicated pedestrian, both misdemeanor offenses, in Struthers Municipal court because the alleged actions took place in Springfield Township. Sliwinski has pleaded not guilty and has a pretrial hearing set for Aug. 6.
Nichols said the department waited to file changes against Sliwinski until it gathered more information about what occurred and officer actions during the traffic stop.
“We proceeded slowly. We sat on it and gave it time,” Nichols said.
He said charges were filed when the local Ohio Patrolmen’s Benevolent Association (the police union) filed a freedom-of-information request for the Sliwinski case.
“Here we have a situation where all three guys are all good [Boardman] officers. I have no reason to doubt them. The allegation is coming from a good credible source,” Nichols said.
Nichols called Dubos, who appears to be the specific target of the force allegation, a “top performer for the department,” and the eight-year department veteran has no history of complaints such as this.
Once the investigative report is complete, which should be next week, the chief said he and the department’s two captains will review it and determine if any department rules and procedures have been violated. None of the officers is or has been on any type of leave because of the case, he said.
A lawsuit has not been filed against the township relating to the excessive-force allegation, but Nichols said it’s “always a concern of mine.”
The chief said it’s been more than a year since the department received a complaint of excessive force.