Fremont man says he was 'basically kidnapped' during mistaken ID arrest; officer punished

FREMONT – In an internal disciplinary sentencing that could have taken more than five days, the Fremont Police Department officer, who mistakenly arrested the wrong man, is beginning his sentence for alleged misconduct the day after his scheduled pre-conference hearing.

The officers incorrectly arrested Darnell McCloud, in attempting to serve an arrest warrant to another man. The arrest took place just before 10:30 p.m. on July 11.

The officer attempted to serve an arrest warrant, for two felony drug charges, to Darnell Smith, at the Fremont Coney Island, 500 E. State St. Two additional officers and a sergeant helped.

Proper identity was not confirmed. The mistake was recognized at the Sandusky County Jail and McCloud was released 25 minutes later, at approximately 10:55 p.m.

The officer was scheduled for a 1 p.m. Monday pre-disciplinary conference, for one charge of misconduct. Several actions could have taken place in his defense, including bringing forth witnesses, but prior to the commencement of the pre-disciplinary conference he decided to waive the hearing, through his union attorney.

As a result of waiving his right to the conference the evidence was reviewed, a report was written and discipline was determined later the same day.

Robert Gross, interim safety service director and hearing officer, wrote the opinion.

“Based on the evidence reviewed, there is just cause for discipline, specifically on the chare listed in the Notice of Pre-Disciplinary Conference. Lapses in duty of this type are unacceptable and shall be corrected,” Gross wrote. “(The officer) failed to properly confirm the identity of a person which resulted in the arrest of the wrong individual.”

Discipline is three days of unpaid suspension, to be served immediately, and the officer is required to take additional training in serving arrest warrants upon return from his suspension.

In supporting documents for the pre-conference disciplinary action, Capt. Ty Conger wrote the opinion.

“The subject was named Darnell, but this was the wrong Darnell, and if (the officer) had taken a little more time to gather information on the subject he was going to arrest, he would have realized there were two Darnells and this was not the one they were looking for, like he was told,” Conger wrote.

It is also noted that the officer in charge had a history of correctly serving arrest warrants and that the assisting officers acted in good faith, that they “assumed the information the officer was telling them was complete and accurate.”

Darnell McCloud is the owner of the Fremont Coney Island, and is currently pursuing possible legal action against the city.

In a follow-up interview, he pointed out that the arrest took place around closing time, and approximately 20 customers were in his parking lot, having just received orders.

“I am the only employee, the chief cook and bottle-washer,” McCloud said, pointing out that he wasn’t able to close down during the arrest.

“I get a lot of people, who, when I’m closing, they come over here,” McCloud said. “I had my factory workers, and they just pulled up. I had their stuff done and I had just taken it out.”

He explained that many factory workers will place orders to be picked up at closing, which coincides with the end of their shifts.

“As soon as they saw (the police) most of the people got out of here,” McCloud said of his customers. “People were asking (the police) what they had me for, and they said F1-Drug trafficking. Yes, they were telling my customers that I had two F1-drug trafficking charges. Which is not true. It messed me up.”

McCloud believes the case has affected his business, which he has put his life savings into.

“I’ve only been open for nine months,” McCloud said. “So, when this happened, it was kind of like a punch in the face…I haven’t even been open a year and they come snatch me up.”

He received an apology from both Mayor Danny Sanchez and Police Chief Derek Wensinger, at a meeting on July 16.

“I told the officer, who arrested me, that they have the wrong person. I was mad. I was cussing,” McCloud said, apologetically. “But they basically kidnapped me.”

McCloud pointed out that businesses with a police presence outside are “not inviting,” but he also added his appreciation for the local community.

“The community has shown up, and been very supportive,” McCloud said. “It’s a sad situation, but somebody has to be held accountable. I think something should be done about the situation. This is not the first time this type of thing has happened to an African American person.”

During the interview, McCloud served several customers with orders from local factories. While waiting, the arrest was the topic of discussion.

Sanchez, in an interview late Friday, commented on the case.

“I would encourage residents from the community to support (McCloud’s) business. It’s unfortunate that this situation happened and it’s unacceptable,” Sanchez said. “I was sick to my stomach when I found out this happened to him. I could not imagine what it felt like for him. I feel sorry for the officer as well. He believed he was getting a guy, who was an F1-drug dealer, off the street, and he had the wrong guy. I feel bad for him. He thought he was doing the right thing, but it’s my job to hold people accountable for their actions and be fair. I reached out to (McCloud) right away. I felt terrible for him.”

Sanchez added that when he met with McCloud, he admitted that he “can’t undo what had been done,” but that there would be an internal investigation, and “that the proper processes will be followed.”

Sanchez also commented on the quality of the Fremont Police Department.

“I believe that we have a very good police department, and our police department is always looking for ways to improve and we will continue to work on building the trust of the community, and having more continued public engagements, to maintain that trust,” Sanchez said.

Sanchez predicted that the police union would probably be involved.

This article has been updated to reflect the turnaround in sentencing of the officer.

rlapointe@gannett.com

419-332-2674

This article originally appeared on Fremont News-Messenger: Fremont man says he was 'basically kidnapped' during mistaken ID arrest; officer punished