Canton Police fire officer after video shows him kicking ‘complying’ suspect

The video below shows 19 News’ previous coverage of this incident.
Published: Sep. 23, 2024 at 6:01 PM EDT

CANTON, Ohio (WOIO) - A Canton officer has been fired after a video surfaced last month of him kicking a suspect who appeared to be complying.

According to a release from the Canton Mayor William V. Sherer, II, Detective Brandon Momirov’s employment was ended on Monday.

Detective Brandon Momirov
Detective Brandon Momirov(Canton police)

Mayor Sherer said the behavior in the video was unacceptable.

The mayor also issued the following statement:

Mayor Sherer said he supports the decision made by Director of Public Safety Andrea Perry on this incident.

A social media video began circulating in August of a Canton officer kicking a suspect who appeared to be complying, according to police.

According to a release from Canton Police, officers were called to the 1800 block of Morris Ave. for a large argument involving 10 to 15 people around 8:30 p.m. It happened in the parking lot of Mahoning Manor Apartments.

“Guns out, suited up, helmets on,” recalled Amari Reese, who lives in the complex and witnessed what happened. “I’m like damn you would’ve thought they was looking for somebody. Everybody was getting ready to go to a party and then the cops pulled up so deep and so fast. They was in the back of the building, in the grass. They was just a little bit of everywhere so everybody was just confused.”

Multiple people fled the scene and officers chased some individuals by foot.

Police say one suspect was carrying a firearm and the chase was canceled.

More officers arrived at the scene and found multiple other suspects.

Officers ordered the suspects to the ground and they appeared to comply, according to the release.

The release said an officer kicked 21-year-old suspect Jaemiir McElroy in the chest.

“I don’t understand why the cop ran up and kicked him in his face, but it was uncalled for cause he really wasn’t doing nothing,” Reese said.

McElroy’s attorney Bob DiCello called the news of the officer’s termination a good first step.

“Would this case have even happened without bystander video? It’s our position that it wouldn’t have and that’s what we want the city to become a place where bystanders don’t have to protect themselves or their neighbors from the police,” DiCello said.

McElroy, suspect Terrence Backie, and one other suspect were all taken into custody and police found two pistols, a backpack with a large amount of marijuana, currency, scales, according to the release.

Court documents reveal McElroy faces charges of resisting arrest and obstructing official business. He is due back in court on October 8.

Backie pleaded guilty to a charge of obstructing official business. He was sentenced to 1 day in jail with 89 days of jail suspended for good behavior.

Kimberly Bell also lives in the complex. She didn’t see it happen but said she saw the young men in the parking lot an hour earlier.

“It’s an old saying never kick a man while he’s down and that’s literally what this man did,” Bell said. “This man got kicked in the face and he collapsed to the ground.”

Outraged members of the community showed up for the city council meeting on Monday. The Canton Mayor Bill Sherer shared his reaction.

“It is very unfortunate that situations like this reflect on our entire department and situations like this will be handled,” Sherer said.

The tension between the community and the police has been growing since Frank Tyson died in police custody in April. The coroner’s office ruled his death a homicide. The two officers involved are on paid administrative leave.

Canton Officer Nicholas Casto was fired after a video went viral of a police dog attacking a man who was already on the ground with his hands behind his back.

Many in the community want to see this officer involved held accountable.

“He should be just like anybody else,” said Reese. “It was uncalled for. He was already on the floor.”

The actions of the officer are currently under review, according to the release.

Canton Police Chief John Gabbard released the following statement last Monday:

McElroy’s attorney, Bobby DiCello, released the following statement on Monday:

Canton Mayor William Sherer II released the following statement on Tuesday:

Canton Safety Director Andrea Perry released the following statement on Tuesday:

Things got so out of hand at the Canton city council meeting Monday night hours after Detective Momirov was fired. The meeting had to be cut short.

“You saw how it was in there tonight,” said Veronica Early whose brother was killed in a police shooting in 2008. “It’s getting worse and worse every week. This city is on the verge of a civil war. Us against the police department. They better do something. People are tired. We are sick and tired, and enough is enough.”

The news wasn’t enough to appease the public at the city council meeting.

“That’s it,” said Council President Kristen Bates Aylward. “I’ve had it. Act like adults. Now this is enough, and we’re going to get some information for you. You’ve been asking for it, receive it, and then you can make your comments.”

Stark County Prosecutor Kyle Stone came to the council meeting to explain the process behind presenting police use of force cases to a grand jury.

“It takes time,” Stone said. “It’s the process. We cannot guarantee the outcome of the grand jury, but what we can’t guarantee is that it’s presented correctly, with integrity, honesty, with no outside influence.”

Stone said in the three years he’s been prosecutor there have been seven police shootings. Three of them were deadly. Stone says Zachary Fornash and Frank Tyson’s cases will soon be presented to the grand jury. Fornash was shot to death by police in 2023. Tyson died in police custody in April and his death was ruled a homicide.

“You kill too many people,” Early said. “You kill my brother, Darrell Ross. Nobody gets indicted. If I did this, I’m gonna get fired and I’m going to jail. What makes the police so different?”

19 News asked the prosecutor for his reaction to the detective who was fired for kicking the young man but he said he couldn’t comment because McElroy is a family member of his.