‘I was complying’: Man kicked by Canton police speaks out

CANTON, Ohio (WJW) — A 21-year-old man is speaking out following an incident involving a Canton police officer.

On Aug. 21, Canton police were called to the Mahoning Manor Apartments, after a 911 caller told dispatchers a whole bunch of people were fighting and arguing.

The caller denied seeing any weapons and stated the activity was not getting physical.

Body worn camera video shows officers, including Brandon Momirov, responding to the scene were several individuals started running with police giving chase.

At least one of those suspects, who got away, was believed to have been seen with a gun in his hand.

Jaemiir McElroy and his brother were among those who stayed in the parking lot, standing near some cars when officers, with their weapons drawn, ordered them to the ground, shouting for them to comply. One officer saying “I’m not playing.”

“We had just got there, going to a party and the cops had came. There wasn’t no argument, no fighting, there wasn’t nothing like that,” McElroy told Fox 8 News.

“I got down on my knees, my hands in the air, I was complying,” said McElroy.

Home video posted to social media then shows officer Momirov dropping the kneeling McElroy to the ground with a kick to the area of his neck and chest.

Momirov’s body worn camera video shows him running from beside an apartment building and at full speed delivering the kick.

“I just get the view in my eye, I see the officer running full speed, so I’m in my head saying to myself like, I know he’s not going to touch me that’s what I’m thinking. I wasn’t really thinking he was going to kick me.” McElroy said.

McElroy was charged with obstruction and resisting arrest.

In an exclusive interview he told Fox 8 News he was not armed, he believed he was doing everything to comply with the officers commands, and in his mind he was doing nothing illegal at the time.

Momirov’s body worn camera video shows him later going to McElroy and apologizing, saying it was nothing personal.

“He knows what he did. So for him to come to the car and try to apologize the first thing he said was nothing personal. I feel like it’s personal,” said McElroy

He was taken to jail, booked and after his release he took himself to a local hospital where he was treated for a concussion.

The officers actions were subject to an internal review, after which the Canton Police Department issued this statement:

“The Canton Police Department has completed an internal review of an Aug. 24 incident involving force used by Officer Brandon Momirov. Chief Gabbard has sustained a “Class A” violation of the Department’s Rules and Regulations section 500: Use of Force.”

Class A is reserved for the most serious violations and, per the Collective Bargaining Agreement, the case has been forwarded to the Director of Public Safety who will hold a disciplinary hearing.

Chief Gabbard states, “The conduct under review is unacceptable and does not reflect our training, our principles, or our mission. Those who know me or have an understanding of my career know that I am absolutely committed to serving the Canton community and those who protect it. Mistakes like this effect every officer, making a very difficult job even harder.”

McElroy believes had the home video of the incident never been posted to social media what happened to him might never have seen the light of day.

He and his family have hired Attorney Bobby DiCello, who represents other clients in use-of-force incidents involving Canton Police.

“There’s nothing that justifies what happened. There’s no reason for that officer to come out of the dark and slam his foot into Jaemiir. There’s nothing going on for that,” said DiCello.

McElroy says he is taking medication to help with some of the lingering effects of his concussion.

He has returned to school and is taking classes to get a high school diploma.

For the latest news, weather, sports, and streaming video, head to Fox 8 Cleveland WJW.