Defendants included Trotwood Police Officers Troy Dexter, Jesse West, Kevin Wagner and another officer referred in court documents as John Doe. Other defendants were county sheriff’s deputies and a Five Rivers MetroPark ranger.
The lawsuit alleges that the defendants demonstrated reckless conduct and “disregard for the safety of other motorists and innocent pedestrians and constituted outrageous conduct and gross negligence under Ohio law.”
The lawsuit also asked for compensatory damages in excess of $25,000.
Trotwood’s attorneys asked the courts to dismiss the city’s police officers from the lawsuit because they “did not proximately cause the death of Mr. Ector.”
The attorneys argued that the fault was with Aaron Johnson, “who refused to comply with the officers’ signals to stop.”
Quincy Pope, interim city manager, said, “This was a very tragic event for Ector family, the community at large, and the police officers involved. We believe it was the best decision for all parties involved and now we can begin the healing process.”
City Council members voted unanimously to spend the $25,000, which city documents state is the city’s portion of a settlement. Council members Rap Hankins and Mary McDonald were not present for the 5-0 vote on Monday night.
Ector, 27, was walking to work along Shiloh Springs Road on July 24 when a 2006 black Chevrolet Impala driven by Johnson struck and killed him. Johnson, 22, lost control of his vehicle while trying to elude police who authorities said were pursuing at more than 100 mph.
A Montgomery County sheriff’s detective was attempting to set up a fake heroin buy in Harrison Twp. and take Johnson into custody. When the fake buy didn’t materialize, Johnson fled.
The high-speed police pursuit started in the township after law enforcement officials said Johnson assaulted two officers by hitting their cars. Dash-cam video showed the Impala causing a minor damage to unmarked police vehicles.
Johnson was sentenced in April to 16 years in prison, had to forfeit his driver’s license for life and was ordered to pay $1,500 in restitution plus court costs.
He pleaded guilty to aggravated vehicular homicide, vehicular assault, having weapons under disability and two counts of failure to comply with the order of a police officer. In exchange, prosecutors dropped a first-degree involuntary manslaughter charge.
A Dayton police administrative review of Trotwood’s officers’ actions found no wrongdoing. These officers are still working for the city, according to Pope.
Sheriff’s Detective Bryan Statzer, one of the named defendants in the lawsuit, was disciplined for failure to file an operational plan for the failed sting operation to nab Johnson, who had a history of evading police.
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