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Internal affairs document shows verbal discipline for Lucas County deputy who used a stun gun on a taxi driver at Walmart

A Lucas County deputy was working in an off-duty capacity when he asked the driver to move the cab out of a fire lane, and said the driver resisted and stunned him.

TOLEDO, Ohio — A Lucas County Sheriff's Office internal affairs document from February details the interactions an off-duty deputy had with a cab driver at Walmart on Central Avenue in April 2020, during which the deputy used a stun gun on the driver and "appeared agitated" 20 seconds into the first contact with the driver, the document said. 

A video from the incident recently has been making the rounds online, showing the use of force/stun gun incident by a Lucas County Sheriff's deputy.

That deputy, named in the internal affairs document as Deputy Jeffrey Bretzloff, approaches taxi driver Lutfi Said Saalim in the parking lot of the Walmart on Central Avenue. After being asked for a driver’s license the taxi driver asked for the reason the officer needed to see a license.  Several times the Saalim asked for the reason he was being approached before the officer said it was because he was parked in a no-parking zone. 

The video shows the incident quickly escalated when the driver continued to ask for a reason he was approached while not producing a driver's license. 

Eventually, the officer opened the driver's door and told him to get out of the car. The driver continued to ask what he had done wrong when the officer pulled out his stun gun. 

After the officer called for assistance and the driver exited the car, the officer used the Taser to subdue the driver. Throughout the incident, the man asked the officer what he had done wrong. 

Saalim was then seen being arrested and put into a police vehicle. 

After the arrest, the officer searched the taxi and says he found 2 Michigan driver's licenses. At that point, other officers arrived on the scene. 

Saalim later pleaded guilty in Sylvania Court to a disorderly conduct charge.

INTERNAL AFFAIRS FINDINGS

The internal affairs document raises several concerns during an interview with Bretzloff. 

The case notes say that the driver addressed the deputy as "sir," and "was smiling and remained calm upon the  initial contact and attempted to ask you [Bretzloff] questions regarding why you wanted his identifications stating 'I will' (give you ID)." 

"Saalim attempts to explain to you what the Walmart employee allegedly did to him and you cut him off repeatedly; you appeared agitated 20 seconds into first contact raising your voice. Thirty-one seconds into initial contact you opened his taxi door and placed hands on him; never asking him to exit before attempting to remove him. When you placed your hands on Saalim he stated repeatedly to 'hold on.'" 

"Forty-five seconds into contact you pulled your taser and pointed it; [the driver] had his hands up and you never told him he was under arrest with [him] asking what he did wrong?"

"You did order Saalim out of the car again and requested backup with [him] attempting to explain that he was assaulted (by the Walmart employee) asking you to 'hold on' with Saalim stating 'let's talk.'" 

"At that point you sparked your taser. You said you would tase Saalim if he didn't get out of the car. Saalim complied and got out with his hands up. Saalim  repeatedly asks what he did wrong and to hold on as you placed him up against the car. Saalim  turned towards you with his hands up in the air and you stated 'stop resisting.' Saalim stated, 'I'm  not resisting; I'm here doing my job.' 

"You dropped your body cam attempting to handcuff [him] stating 'God dammit.' Saalim was facing you with his hands up approx. 2-3 feet in proximity frtom [sic] you and you deployed your taser causing him to fall into his vehicle with Saalim stating 'what are you doing' repeatedly and 'leave me alone' repeatedly. 

"As he was seated in the car you approached the drivers compartment and drive stunned Saalim  as he stated 'call your supervisor.' Drive stunning Saalim  with your finger on the trigger for almost 7 seconds according to Lt. Hook's taser report with him repeatedly saying 'I'm a diabetic' screaming."

"After the drive stun Saalim exits vehicle stating 'I didn't do anything wrong' and is handcuffed. The initial incident in its entirety from initial point of contact with Saalim to being handcuffed is approximately 2 minutes in total." 

DRIVER NONCOMPLIANCE REPORT

The report also examines points at which Saalim did not comply with the deputy, noting when he was asked to produce a license he stated, "I will" but wanted to know the reason. When the driver was asked to step out of the car - after the deputy put hands on him - he said hold on and refused to get out. He refused three times to get out of the car after the deputy so ordered him, the report says. 

After Saalim exited the vehicle, the report said he didn't comply with the deputy's order to turn around. Once the driver did turn around, that's when the stun gun was first deployed, the report says. 

DEPUTY'S RESPONSES

Bretzloff pointed to a part of the video that shows when the driver turned and didn't keep his hands on the car as ordered, saying he considered that a threat. The investigator paused the video to show Bretzloff facing the driver with space in between the two and Saalim with his hands up, and then Bretzloff deployed the stun gun. Bretzloff said he continued to stun the driver because initially, he didn't get a "positive effect" after deploying the taser and because the driver's hands were moving in a fashion to try to prevent Bretzloff from stunning him. 

When asked if he thought about using verbal persuasion or de-escalation, Bretzloff said he initially thought he had used verbal persuasion and said he "probably could  have done" de-escalation "better." Bretzloff also said the Walmart manager told him the driver had threatened him, which led the deputy to "believe [the driver] could possibly be a violent person" and said the driver was actively resisting arrest. 

However, when asked if he told the driver he was under arrest, Bretzloff said, "I don't remember hearing me say it; having just watch the video after a long time I didn't hear myself say it." 

The investigation also looked into the report Bretzloff made after the encounter and found inconsistencies. Bretzloff's report said he asked the driver to get out of the vehicle and the driver refused. The investigator found that didn't happen, saying the video showed Bretzloff placing his hands on the driver first. The deputy interpreted the video differently "and went on to read his report verbatim." 

The report Bretzloff made also said Saalim got back into his vehicle, though the investigator found that the driver fell into the vehicle after being stunned. Bretzloff's report also said Saalim  was attempting to get away, and Bretzloff said he didn't remember that in the report. 

DISCIPLINE AND FINDINGS

The investigation found that Bretzloff violated the Lucas County Sheriff's Office Use of Force policy (rule 37) on Feb. 12. A review board hearing on March 8 sustained the finding and Bretzloff was issued a verbal reprimand as discipline for the internal rules violation. 

Deputy Sergeant Andy Ybarra, in his review in the capacity as Taser Instructor, found that "it was apparent that some type of force, other than deadly force, was going to be necessary to acquire a resolution" in the encounter beween Bretzloff and Saalim. Ybarra cited the driver's noncompliance with Bretzloff's demands once the driver was out of the vehicle and not complying with restraints. He noted Saalim continued to actively resist and it was not apparent what Saalim was thinking as he continued to keep from being restrained. 

"As a single officer with a physically resistant subject and without confirmation (Pat down, search incident to arrest) for safety of the officer, subject and surrounding bystanders the officer was left with few options to in order to maintain safety for all," Ybarra wrote. 

"I chose not to get involved in the disposition of that case," Lucas County Sheriff Mike Navarre told WTOL 11 Monday. "Maybe I should have. But I think that the matter was appropriately handled."

Navarre said he didn't want to get involved because the incident happened before his tenure and he doesn't want to debate whether the punishment was fair.

"Would I have handled it differently? Maybe. I don't know," Navarre said.

SYLVANIA TOWNSHIP POLICE RESPONSE

On Saturday, the Sylvania Township Police Department released a statement on the incident on their social media pages. It reads:

“We have become aware of a video circulating on the internet involving a use of force/tasing incident that occurred in April 2020.  Our Police Department was requested to respond as backup to assist another agency, but our officers were NOT involved in this use of force incident or the subsequent arrest of the subject. We arrived on scene after the subject had been tased and handcuffed.  A Lucas County Sheriff’s Deputy was the arresting officer.  The Lucas County Sheriff’s Office is aware of this use of force incident and conducted an investigation. The Deputy was disciplined.”

The Lucas County Sheriff's Office released a statement on their Facebook page on Saturday in which Sheriff Mike Navarre said, “the incident was fully investigated and the deputy involved was disciplined.” 

   

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