Kettering police officer who was cleared in shooting death gets promotion

Credit: DaytonDailyNews

A Kettering police officer who was involved in a May 5 incident in which he shot and killed 24-year-old Mitchell A. Simmons after a domestic disturbance call has been cleared by an internal investigation of any wrongdoing, as well as, gained a promotion to sergeant.

Andrew DiSalvo shot and killed Simmons at the Chatham Village Apartment complex. The Montgomery County Coroner’s Office ruled Simmons’ death a homicide and that he died of multiple gunshot wounds. He arrived at 5114 Scarsdale Drive after a 911 caller described a woman being attacked in a neighboring apartment and hearing cries for help.

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“There was a woman screaming very loudly. She was screaming ‘Help me! Help me!’ I can hear her and she kept screaming ‘Get off, get off. I can’t breathe. You broke my nose. My nose is bleeding and I can’t breathe,’” a neighbor said in the first of two 911 calls.

In August, DiSalvo was cleared of any crime by a Montgomery County grand jury, and now also cleared by an internal investigation led by the department’s internal affairs division, according to Joe Ferrell, a police department spokesman.

Andrew DiSalvo

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DiSalvo’s personnel file reflects good performance reviews apart from a March 2010 violation of policy and procedure. Ferrell said that the promotion to sergeant is a reflection of DiSalvo’s performance on the job and he will be assigned to the midnight patrol shift.

“He’s been an outstanding addition to our department and he’s an extremely dedicated police officer,” Ferrell said. “He will do extremely well in his new position as sergeant. We were also pleased to hear that the internal review has been cleared as well. Police officers work hard every day to protect the public and stop crime.”

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Police said DiSalvo could hear the argument between Simmons and a woman and advised dispatchers he was forcing entry into the apartment. Police said gunfire was exchanged but DiSalvo was not hit. First aid was rendered, but Simmons was pronounced dead a short time later.

Simmons, a 2012 Beavercreek High School grad, was working at Wright-Patt Credit Union as a fraud investigator. Shortly before his death, he had interviewed with Kettering police to become a law enforcement officer in the city. He met with the police chief and captains as part of the interview process.

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After the grand jury cleared DiSalvo, Simmons’ family through a spokesperson said they would review all of the information to see if they would consider any recourse. So far, the family has decided not to comment further on the situation.

DiSalvo, 41, who joined Kettering’s police department in 2009, has been a K-9 officer since 2013 and was was appointed to the SWAT team in 2012.

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