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Updated: 7:49 a.m. Thursday, July 28, 2011 | Posted: 10:23 p.m. Wednesday, July 27, 2011

Inquiries launched in bridge death

Dayton PD asks federal officials to monitor community tension.

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Inquiries launched in bridge death photo
A submitted photo of Kylen English. According to Dayton Police, Kylen English, while in police custody, broke a police cruiser window with his head and jumped off the Salem Avenue bridge on July 16.
Inquiries launched in bridge death photo
Cousins Britney and Angela English with other relatives talk about the death of Kylen English at the family home on Tuesday, July 26. According to Dayton Police, Kylen English, while in police custody, broke a police cruiser window with his head and jumped off the Salem Avenue bridge on July 16.

By Joanne Huist SmithDoug Page and Kelli Wynn

Staff Writers

DAYTON — Community ire concerning the death of 20-year-old Kylen English while in Dayton Police custody has prompted investigations by multiple law enforcement agencies and intervention by the U.S. Department of Justice’s Community Relations Service.

“I want to be clear that it is a dark day in the city of Dayton,” said Bishop Richard Cox, president of the Southern Christian Leadership Conference Dayton chapter. “This man’s life was taken.”

Tension in the community has swelled since the release of a Montgomery County Jail video that shows English, handcuffed with his hands behind his back, standing in the sally port on the night of July 16. In the grainy video, English is seen collapsed on the floor.

The family and some black community leaders believe Dayton Police Officer Alex Magill used a Taser on English. “If we don’t trust ourselves in the care of the police, how can we trust them in charge of this investigation,” said Jerome McCorry, president of the Adams Project, an organization that works with ex-offenders.

Dayton police said there is no indication a Taser was used.

At the request of the Dayton NAACP, the FBI is determining whether a civil rights investigation will be conducted, Special Agent Michael Brooks said.

Montgomery County Sheriff Phil Plummer has launched an investigation based on the allegations of police brutality at the jail. Plummer said he has viewed the jail tape being circulated by the family and that it has been altered with a voice-over narrative.

“There is erroneous information being circulated on the tape with no facts to substantiate it,” Plummer said.

On Wednesday, the sheriff sent the jail footage to the state’s Bureau of Criminal Investigation for enhancement. He could receive a clearer copy by Friday.

At an hour-long viewing of the jail video Wednesday, Dayton Police Chief Richard Biehl and Lt. Matt Carper, head of the Professional Standards Bureau, walked the media and community members frame-by-frame through the video.

The video only captures images every two to three seconds. That video did not show English slamming his head against the wall as police said. One image shows him standing, the next slumped to the ground, the image partially blocked by shelving.

The officer is approximately six to eight feet from English. In his left hand is a white object; his right hand is empty. Ten seconds later, from the video inside the jail receiving room, a corrections officer opens the door. The police officer hands him the white object, English’s booking slip, with his left hand. His right hand is holding a slumped-over English.

To Tase English, as some in his family allege, the officer would have had to fire the weapon. That, said Carper, would have released a cloud of tiny bits of paper, each with the identification of the Taser. Carper said no paper bits were found or appeared on the video. If the officer had used the Taser without the cartridge, he would have had to had the cartridge in one hand and the Taser in the other. Carper said the video does not show that.

“It is irresponsible to come to any conclusions until the investigation is complete,” Biehl said. “There is no cover-up. The evidence is clear we are presenting all the evidence we can. We’re still working on it.”

Meanwhile, the Department of Justice is sending to Dayton — at Biehl’s request — a representative from its Community Relations Service, the department’s “peacemaker” for community conflicts arising from differences of race or national origin. Created by the Civil Rights Act of 1964, it is the only federal agency dedicated to assist state and local governments, private and public organizations, and community groups with preventing or resolving racial and ethnic tensions and restoring racial stability.

The goal of the DOJ meetings are to mend strained relations between the police and the community, not to investigate the incident.

“There is an issue of anger and mistrust. That’s never a good combination,” Dayton City Commissioner Dean Lovelace said.

About 30 people attended the City Commission meeting Wednesday calling on city leaders to ensure a fair and in-depth investigation into English’s death. They called for Officer Magill to be placed on leave, pending the outcome of the investigation. “We’re outraged, disgusted and definitely scared for our sons and all young black men,” Dayton resident Sheena Avery said.

Following the City Commission meeting, Lovelace and Commissioner Joey Williams met privately to view the jail tape with Cox, McCorry, members of English’s family and Biehl.

“It’s not the kind of case that is crystal clear,” Lovelace said. “It is clear that Kylen walked in to the sally port with the officer and all of a sudden you see him slump down.”

More than 100 supporters of the English family gathered near the Salem Avenue bridge Wednesday evening to once again demand answers from police.

The Dayton Police Department had to block off numerous streets and exits of Interstate 75 around 7:45 p.m. when the group marched in the streets from Salem Avenue to North Perry Street to the Montgomery County Jail on West Second Street.

Inmates pounded on the windows as the crowd gathered outside the jail chanting “We Want Justice” and Kylen’s name.

No one from the group entered the jail and only a handful of sheriff’s deputies came outside.

Robbie English, Kylen’s brother, and other family member said they will not stop until justice is served.

“You don’t just let this go,” said family friend Ava Hayes.

English was arrested after a distraught 55-year old woman called 911 about 7:30 p.m. July 16 to report that English was trying to kick down her door. She said English was the boyfriend of her 16-year-old niece and the woman had been sheltering her niece from him.

Surveillance video in the apartment hallway showed English violently kicking and pounding on the door.

Biehl has said English injured himself in the sally port to such an extent that the jail would not accept him. He was taken to Grandview Hospital and medically cleared.

While being transported back to the jail, police said the 6-foot, 210-pound English, who was handcuffed but not belted to his seat, dove out the broken window, jumped off the bridge to his death. Initial autopsy results indicate English committed suicide, but the coroner’s office is waiting for the toxicology tests to be completed, before issuing an official ruling. Those results could be completed as early as Monday, according to Ken Betz, director of the Montgomery County Coroner’s office.

English arrived at the Miami Valley Hospital emergency room at 10:18 p.m. on July 16, Betz said. He was later pronounced dead at 10:21 p.m.

If the young man’s family desires to meet with the coroner’s investigators after the autopsy report is complete, Betz said that could be arranged.

“We have an obligation to the family,” Betz said.

And, once the autopsy report is complete, it can be made public.

“The worst thing I can do is come out with preliminary speculation,” Betz said. “Let’s wait until all the investigation and tests are complete.”

Contact this reporter at (937) 225-2362 or josmith@DaytonDailyNews.com.

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