Miami Twp. Police Chief Ron Hess said via email “we’re pleased with the decision of the Montgomery County Grand Jury and want to thank the Miamisburg Police Department for their investigation into this incident.
“Now that the criminal investigation has concluded in regards to the actions of Officer Swearingen, the Miami Township Police Department will begin an internal investigations to ensure that all the policies and procedures were followed as is standard practice,” he added.
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Swearingen twice shot the teen in the right arm as the suspect was seeking to carjack several vehicles after the suspect’s stolen vehicle broke down shortly after robbing a Shell station in heavy traffic near Ohio 725 and Interstate 75 interchange, Montgomery County Prosecutor Mathias Heck, Jr. has said.
Heck said Swearingen arrived on the scene as the suspect was fleeing, identified himself as a police officer, ordered the teen to drop his .45-caliber gun and shot him when the suspect failed to comply.
The Dunbar High School student was charged in juvenile court Tuesday with seven counts of aggravated robbery, one count of felonious assault on a police officer, one count of impersonating an officer and a weapons charge.
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Among other charges, the 17-year-old is accused of having “did knowingly cause or attempt to cause physical harm to” a police officer “by means of a deadly weapon,” court records filed Tuesday show.
Heck said prosecutors will seek to try the teen as an adult on all charges, which include an accusation of armed robbery for carjacking a vehicle on the night of Feb. 4, Heck has said.
Heck said the teen’s Feb. 5 actions – which include claiming to be an undercover federal agent - near the busy interchange “could have resulted in a number of injuries and deaths.”
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