LIMA — While the charges related to an August incident involving Brittany Osberry and two Lima Police Department officers have since been dropped, the Lima unit of the NAACP is working to ensure the matter does not go away.
The NAACP held a news conference Wednesday at Grace Church Worldwide Ministries to again call for the two officers in the incident, Mark Frysinger and Aaron Montgomery, to be prohibited from patrolling the streets until an internal investigation into the incident is concluded. Fails has previously pointed to perceived inconsistencies between the report filed by the officers and a cellphone video of the incident taken by a bystander.
“As an organization, the NAACP, I have counseled with our state and national [counterparts], and they stand behind us in reference to our request that these officers involved in fabricating a lie against Ms. Osberry for the purpose of incriminating her should be relieved of duty,” he said.
Fails took issue with Lima Police Chief Kevin Martin’s previous response to that request when he stated that no action should be taken until it is proved the officers have done something wrong.
“If the prosecuting attorney could see clearly enough to drop all charges [against Osberry], what is it that the chief is looking for?” he said.
For Fails, this issue is evidence of protectionism within the ranks of the Police Department to the detriment of true justice in the community, affecting people of all ethnic backgrounds. He also said that if local law enforcement does not deal with these officers, the NAACP will go to the Ohio Attorney General’s Office or even the U.S. Department of Justice.
“You can’t have rules for some and guidelines for others,” he said. “It makes the system lack credibility.”
Fails again noted that the NAACP has received other reports of unfair treatment by law enforcement officers, saying that he will release them to the Lima Police Department only in a public forum with media present, a move he says will create more public awareness for these issues as well as prevent any possible cover-up by police.
Martin said the investigation into the two officers has now been sent to his desk for a final review, which he expects to be completed by the end of the week.
“When we look at disciplinary issues, we look at each on a case-by-case basis on the merits of the accusation and the facts surrounding the accusation,” he said. “If it warrants termination or dismissal, we will take that appropriate action.”
As for a public forum to hear of other issues with police, Martin said he believed it would be detrimental.
“It sounds to me like what he’s asking for is an opportunity to make public accusations without me having any information ahead of time or any opportunity to look into the matters, so that there would not be any way I would know how to respond to the accusations as to whether there’s any truth to them or not,” he said.
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