NAACP accuses Lima Police of cover up

LIMA — With the leadership of the NAACP standing at her side Thursday, Brittany Osberry said she was assaulted by Lima Police officers when she attempted to pick up relatives at a home in August.

NAACP President Ron Fails said Osberry’s arrest, which is captured on a citizen’s video, showed what really happened — not what officers wrote in their reports, which he said amounts to lies to back their illegal actions. Fails is calling for the termination of officers involved, the filing of criminal charges against them and the criminal case against Osberry dropped.

“We found great disparities in the report,” Fails said.

Notably, the video shows an officer Fails said is Mark Frysinger approaching the sports-utility vehicle Osberry was driving, telling her to leave. Osberry asked why she had to leave and Frysinger told her she was being disorderly and the area was a crime scene. Osberry said she was there to pick up nieces and nephews.

Frysinger told her to show her hands, grabs the handle of the door, opens the door and pulls her out of the vehicle.

In his report on the Aug. 10 incident, Frysinger wrote: “Ms. Osberry exited the vehicle, stating she was going to get relatives out of the house.”

Fails said the video does not lie and shows what Frysinger wrote was not accurate. He said it proves police fabricated stories in police reports to cover their actions.

“Our concern is there is a pattern of behavior that is being exhibited in this community where local police are concerned. Unfortunately in most cases it ends up being the victim’s word against the police and there is no evidence substantial enough to prove what people are saying is correct,” Fails said. “It is clear in the video that police opened her door and pulled her out.”

Fails said a citizen across the street captured the incident on video otherwise it would have been Osberry’s word against several officers.

“Just imagine if we did not have this video. It would be another example of a person victimized by the police and then charged. This is the behavior that has been occurring throughout our community. Unfortunately, we have not been able to prove it, but in this case we have a video,” Fails said.

Fails asked the public to view the video and compare it to the version of events officers wrote in their reports.

Lima Police Chief Kevin Martin said Osberry made a citizen’s complaint that is under investigation.

“It’s going to be thoroughly investigated, and when a final decision is made she will be notified of the outcome of the investigation,” Martin said. “When someone makes a complaint, we take it very seriously.”

Martin was told there was a citizen’s video of the incident but said has not viewed the video. He also has not participated in the investigation but will see the report when it is complete.

Osberry has been charged with disorderly conduct, obstructing official business, resisting arrest and assault. She has pleaded not guilty to the charges and plans to fight all charges. She has a pretrial scheduled for Nov. 15 at Lima Municipal Court.

Osberry said she was at the home on Pine Street to pick up nieces and nephews. She said officers approached her, one with his gun in hand. She said Frysinger opened her door and pulled her out of the vehicle, as she told him she was pregnant.

She said Frysinger slammed against her vehicle and another officer, Aaron Montgomery, grabbed her by the neck and lifted her off the ground. She said she was hit with a Taser and taken to jail.

Osberry said she was released a few hours after the incident that happened around 8:30 a.m. She said she went to the hospital to be checked.

Police reports indicate officers were in the area of the incident to look for a suspect connected to a drive-by shooting. Montgomery’s report said Osberry was told to leave, refused, argued and cursed at officers. Montgomery said she refused to leave her vehicle and was out of control once outside her vehicle. Montgomery wrote Osberry, who is 5 foot 3 and 104 pounds, was fighting and screaming loud.

“She was screaming and completely out of control acting as a child would throw a tantrum. She was fighting and screaming as loud as she could,” Montgomery wrote.

A report said Osberry struck Montgomery in the face and kicked officers.

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http://www.limaohio.com/wp-content/uploads/sites/54/2016/10/web1_Mark-Frysinger-report-1.jpg

http://www.limaohio.com/wp-content/uploads/sites/54/2016/10/web1_Aaron-Montgomery-report-1.jpg

Members of the Lima NAACP hold a news conference Thursday about the arrest of Brittany Osberry.
http://www.limaohio.com/wp-content/uploads/sites/54/2016/10/web1_NAACP-presser-1.jpgMembers of the Lima NAACP hold a news conference Thursday about the arrest of Brittany Osberry. Greg Sowinski | The Lima News
Report, video of black woman’s arrest do not match

By Greg Sowinski

[email protected]

Reach Greg Sowinski at 567-242-0464 or on Twitter @Lima_Sowinski.

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