LIMA — One of the Lima Police Department officers whom the NAACP accused of being engaged in a pattern of excessive force and mistreatment against the minority community has a spotty record while the other officer has an exemplary history, according to personnel files obtained by The Lima News.
The file of Patrol Officer Mark Frysinger, who joined the force in 1993, notes he was terminated March 26, 2001, for entering a home without a warrant and making an arrest. That termination followed a variety of other incidents involving Frysinger. An arbitrator later overturned the termination and Frysinger was put back on the force with back pay.
Frysinger’s file also includes disciplinary action for excessive and unnecessary force in 2008. Throughout his career he has been written up for his conduct in dealing with the public as well as fellow officers. There were several cases where he was written up for falsely or misstating information on police reports, yet many of his evaluations also commended him for his writing of accurate reports.
The other officer, Aaron Montgomery, was praised numerous times for apprehending dangerous criminals, risking his life to help people, and for his work ethic that placed him near the top among patrol officers for arrests and other enforcement. Montgomery joined the agency in 2008.
Montgomery’s only criticism was for grammar or spelling errors on reports or sometimes reports were not complete. He also was reprimanded in 2010 for using profanity off duty against a person who followed him and who reportdedly threatened Montgomery while the officer was with his girlfriend and their infant child. Montgomery came across that person several weeks earlier while on duty.
Both officers were involved in arrests in the past year that drew heavy criticism by the Lima chapter of the NAACP. Its president, Ron Fails, said the officers’ names continue to come up when allegations of excessive force and poor treatment occur, particularly against members of the minority community.
Recent allegations
Two men who led police officers on a Jan. 15 chase from a shooting said they were victims of excessive force. The chase ended at St. Rita’s Medical Center. One of the men said he ran from police officers because he thought his daughter had been shot and was in the emergency room. He said he yelled that out to officers, but was tackled and had his ribs broken. The other man said he was attacked by a police dog even though he was obeying police orders.
After the incident, Lima Police Chief Kevin Martin said he believed officers acted appropriately, noting “officers were doing exactly what is expected of them … to protect the innocent members of the community from what is best known to them at the time as a potential gun threat.”
In the other incident, Brittany Osberry accused the two officers and other members of the Lima Police Department of excessive force in an Aug. 10 incident. She said she arrived at a home that police officers had surrounded. Frysinger told her to leave and seconds later opened her door, pulled her out and told her she was under arrest. She is a tiny woman who was pregnant. Frysinger wrote in his report that Osberry got out of her vehicle, but a video later surfaced that showed he pulled her out.
Montgomery was involved in the arrest in which Osberry was also zapped with a stun gun. Martin ruled the officers acted appropriately and no discipline was issued.
Osberry filed a lawsuit this month in U.S. District Court in Toledo seeking more than $80,000 alleging her constitutional rights were violated.
Martin declined to comment on the personnel files or past discipline against Frysinger citing the pending lawsuit.
Frysinger’s history
In the Dec. 6, 2000, incident for which Frysinger was fired, he was found to have entered a man’s home without permission or a warrant while investigating a domestic incident. He then arrested a man. An arbitrator later gave Frysinger his job back but the city appealed all the way up to the Ohio Supreme Court and lost. Three years after the incident, Frysinger returned to work with back pay.
In 2008, Frysinger was suspended for two days for unnecessary and excessive use of force against a person.
In 2005, Frysinger was issued a reprimand for stating he gave orders to a man to stop certain actions and a video and audio tape of the incident later revealed he never gave any commands.
Frysinger has been disciplined several times for using profanity including toward fellow police officers and the public. He was disciplined for being extremely disrespectful to two superior officers, according to his personnel file.
Frysinger’s performance reviews mostly indicate satisfactory performance, but he also had one evaluation in 2009 that said he needs improvement and in 2012 his performance was above satisfactory.
Commendations
Frysinger also has been commended for excellent work such as in 2007 when he continued to help in the search of a 7-year-old child even after his shift ended and he was off the clock. He also used his own money in 2009 to buy a 6-year-old child a meal whom he came across handling a call.
Both Frysinger and Montgomery were praised for showing up early for their shifts and were praised for their willingness to stay later or take on more work. Both men work third shift often in high crime areas.
