Montomery County Jail surveillance video obtained by a local attorney shows then Sgt. Judith Sealey pepper-spraying inmate Amber Swink, who was in a restraint chair. FILE/Staff

Jail captain in pepper-spray case takes medical disability retirement

The Montgomery County Sheriff’s Office captain at the center of a highly publicized pepper-spraying incident has accepted a medical disability retirement.

Capt. Judith Sealey’s pepper-spraying of harnessed inmate Amber Swink on Nov. 15, 2015, spurred a grand jury investigation, a misdemeanor assault charge, a lawsuit settled for $375,000 and a federal investigation.

RELATED: Judith Sealey applies for medical disability retirement

In a deposition and exclusive interview with the Dayton Daily News, a now-retired co-worker accused sheriff’s office administrators of trying to cover up the incident, which didn’t become public until September 2016 when it was posted on a local attorney’s website.

The Dayton Daily News asked the sheriff’s office about these allegations, which the sheriff’s office declined to answer citing both a confidentiality clause in the Swink settlement and an ongoing internal investigation of the incident.

In early 2016, Sealey was promoted from sergeant to captain and received a raise from nearly $77,000 to more than $89,000 per year.

RELATED: Former jail sergeant alleges cover-up of pepper-spray incident

Sealey accepted an Ohio Public Employees Retirement System (OPERS) medical disability on Dec. 20, according to a document obtained from the sheriff’s office via open records laws.

A document signed Dec. 26 by Sheriff Phil Plummer approved the personnel order. The application for such a retirement does not require any specific disability be listed in the few publicly-available OPERS documents.

RELATED: Montgomery County Jail pepper-spray trial scheduled for March 22

A grand jury declined to indict Sealey on felony charges. Her misdemeanor assault case in Dayton Municipal Court is scheduled for March 22.

The results of the federal investigation into the Montgomery County Sheriff’s Office have not been made public.

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