TOLEDO, Ohio — The Toledo Police Department said Friday an internal investigation found the officer who used a K-9 to arrest a man in April after his vehicle had been falsely flagged as stolen by a license plate reader acted within department policy and followed the law.
TPD officer Adrian Wilson "acted within departmental use-of-force guidelines" during the traffic stop on April 11, a statement from Police Chief Michael Troendle says. "Consequently, there will be no disciplinary action taken related to the deployment of the canine unit."
However, Wilson, who has been a canine officer for three years, will receive a departmental reprimand for failing to "visually verify the license plate with the information received from the license plate reader."
He will also be charged with “lack of energy, inattention, or carelessness in performance of duty for failing to verify the plate as stolen," according to TPD/.
The K-9 use on Brandon Upchurch, a Black man, received criticism from the Toledo chapter of the NAACP. Chapter members in a press conference about one week after the incident said the deployment of the K-9, which bit Upchurch and took him to the ground, was excessive and reminiscent of past instances in America of police releasing dogs onto Black people during protests.
Police pulled Upchurch over in central Toledo and ordered him out of his vehicle. He got out and began walking away and officers ordered him to the ground or they would release the K-9. He refused and they released the K-9.
Upchurch received medical treatment at a hospital following the incident, was taken to the Lucas County jail and charged with resisting arrest and obstructing official business. He is set to appear in Toledo Municipal Court on June 12.
Toledo City Council members spoke on the incident during a public safety committee meeting for which Troendle was in attendance.
Council member Vanice Williams, who is Black, also compared the incident to police dogs being used during civil rights protests in the 1960s.
Council member Cerssandra McPherson, who is also Black, questioned department policies and why Upchurch was never asked for his license or registration.
Troendle said in his statement Friday that TPD "takes all incidents involving use of force seriously." While Wilson deploying the K-9 was deemed lawful, Troendle said he believes "a different course of action might have produced a more favorable outcome."
"To achieve such outcomes, we have been reviewing and revising departmental policies and training protocols related to canine deployments," Troendle said. "Our goal is to ensure officers have all the available tools and information necessary to make the most appropriate use of force decisions in any given situation."
"The Toledo Police Department is committed to upholding the law while protecting the safety of both officers and the public. We continuously strive to improve our practices and procedures to better serve the community," he adds. "Community trust in our department is necessary for us to effectively partner together to improve and keep the City of Toledo safe. Transparency and accountability are critical for this trust to continue, and as such, will always be a focus of my administration.”