The level of force used to detain Robert Ethan Saylor before his death was not inconsistent with Frederick County Sheriff's Office policies or rules, according to a use-of-force report released Thursday.

Saylor died while in the custody of off-duty sheriff's deputies who forcibly removed him from a Frederick movie theater Jan. 12 after he refused to leave.

Supervisors note in a signed copy of the incident report that the deputies' use of force was "consistent and reasonable."

Saylor, a 26-year-old New Market man with Down syndrome, had just seen the film "Zero Dark Thirty" at the Westview Stadium 16 movie theater.

The report was written by Sgt. Rich Rochford and also signed by Lt. Scott Jewell and Deputy First Class James Harris, the three deputies involved in the altercation with Saylor.

The use-of-force report states that the case was forwarded to internal affairs for administrative review Jan. 14 and closed May 7.

The deputies said in the report that Saylor refused to leave the movie theater after the screening and did not comply with numerous verbal demands.

A physical struggle ensued between Saylor and the three deputies, and when Saylor "dropped to the floor" on an access ramp, deputies handcuffed him using three handcuffs as a chain, the deputies wrote.

"At this time we attempted to stand him up and walk him from the theater, when the deputies realized that Mr. Saylor had lost consciousness.

Deputies then turned Mr. Saylor on his side in the rescue position and removed the handcuffs. Deputies requested EMS and provided first aid until they arrived," the report states.

The report's final page was forwarded to The Frederick News-Post by the sheriff's office records section on Thursday.

Previously, the use-of-force documents used in the internal investigation were not disclosed with the criminal investigation file.

Attorney Daniel Karp, who represents the Frederick County Sheriff's Office when there is the possibility of litigation, has said the release of the reports related to Saylor's death should show the public that the sheriff's office investigation was thorough.

Joe Espo, an attorney representing Saylor's family, said no use of force was necessary in this case. In a telephone interview, he called the conclusion of the report an outrage.

"From start to finish, the conduct of the deputies and theater personnel was outrageous," Espo said Thursday.

Karp did not return calls for comment Thursday.

Staff writers Danielle E. Gaines and Cara R. Anthony contributed to this report.

Follow Daniel J. Gross on Twitter: @DanielJGross.

(64) comments

whitemanfortyfour

The federal investigation into the fREDNECK County Sheriffs Office is a welcome step in the right direction but it still seems to much cops investigating cops going on and I wouldn't be surprised if all that comes of this is a stern warning. I think a thorough investigation would DEMAND the prosecutors, judges, grand jury, Chuck Jenkins, etc... ALL be investigated by a minority squad from the DOJ then tried, and convicted too since any one of them could've said WAIT, something is OBVIOUSLY NOT OK WITH THIS! I mean come on! I think it's safe to say we've all seen how dangerous cops can be when they're "on a mission" and now that includes KILLING OF TWO HANDICAPPED KIDS DEAD! And they want us to believe he just "fell" to the ground without their "assistance" after they already ADMITTED putting their hands on him FIRST from a sitting position??? You know what comes next is the "take down" or "getting slammed" as the cops put it but the cops are saying none of them tripped him or did some tae bo move they learned in "training" as a take down. What the *&^% EVER! Mr Saylor knew the cops were going to assult him and was RIGHTFULLY scared for his life! Unfortunately he was 100% correct because if not he would be here today! I HONESTLY don't understand how these decorated gangstas aren't all on trial for their lives right now??? While the feds are at it they also need to investigate the Jarrel Gray case and why the good old boys from up in Thurmont were all giddy to hire the person that electrocuted a handicapped African American kid to death! Or did I just answer the question???

GOLFISH

Seems the Feds are going to get involved. If this was reported in the FNP I missed it...

Washington Post reportshttp://www.washingtonpost.com/local/federal-probe-underway-of-police-custody-death-of-man-with-down-syndrome/2013/07/19/6480c064-f0b2-11e2-a1f9-ea873b7e0424_story.html?hpid=z3

watson4sherlock

Jenkins said he learned of the investigation weeks ago in a letter from the Justice Department and welcomes it. Once investigators review the facts, he said, “they’re going to say: ‘You know what? There is absolutely no excessive force, no inappropriate actions or wrongdoing by these deputies. This is simply an unfortunate situation where this man had a medical emergency while being escorted out of the theater.’ ”

watson4sherlock

Does anyone object to filing an excessive force complaint with the FBI?

The FBI is the lead federal agency for investigating color of law abuses, which include acts carried out by government officials operating both within and beyond the limits of their lawful authority. Off-duty conduct may be covered if the perpetrator asserted his or her official status in some way.

See http://www.fbi.gov/about-us/investigate/civilrights/color_of_law

watson4sherlock

Excessive force happens in many agencies.

MAPLE HEIGHTS, Ohio (WKYC) -- Former Maple Heights Police Officer Alexander Casey is accused of displaying excessive force for the second time in five years.

The most recent case involves an FBI employee whose arm was allegedly broken by Casey during an altercation inside a Maple Heights recording studio.

See http://www.wgrz.com/news/national/article/218363/2/Former-Police-Officer-Accused-of-Excessive-Force-Against-FBI-Employee

backroomfrederick

Quit whining Rightonline. Stop trying to blame the innocent. You don't have to keep hanging on Blaine's teet. Hasn't he pet your head yet for the belly aching you do on here?

KellyAlzan

One thing we're taught as we grow up and get into the real world is that we are solely responsible for our actions. No matter what we do, good or bad.

If I drive my vehicle with a turn lamp bulb burnt out - I'm responsible.

There are mothers of small children that have left their small children in a hot car with the doors locked and the windows up, and their kids have died as a result. And the mothers have had to serve jail time for their actions.

These 3 security guards actions caused Mr. Saylor to die. Of course they (the guards) as just as human as you and I, and of course they feel extremely terrible about what happened. And so do parents who's kids have died in hot locked cars. But these 3 guards should face the same punishment as a parent of a child that dies in a hot locked vehicle.

And you wanna know something?? I AM PRO POLICE. We have personal friends and family members that are police officers.

Wrong is wrong. And right is right. Whether you work as a server at a restaurant or whether you're a police officer. You screw up, you made a bad decision, now you must pay, just as anyone else would.

These 3 guards used extremely poor judgment. No, this isn't a new discovery, we all know this already. A down syndrome individual. Being handled like a person high on PCP. These 3 guards should be held to the same laws as parents who leave their kids in a locked hot car. They made a BIG BIG mistake. And now they're back on the streets??

3 guards: PLEASE RESIGN NOW


RIGHTonline

While your at it, how about investigating the abandonment that the caretaker committed to initiate this incident. Caretaker relinquished his / her say in the matter when he / she CHOSE to abandon Mr. Saylor and leave him up to his own devices. Deputies were left to rectify the situation that was on it's way to getting worse. They did their job, unlike the caretaker. Done deal. Case closed, Go home folks, Nothing else to see or biotch about. This three days of pissing and moaning won't change anything. Move on.

watson4sherlock

Tennessee prosecutors have decided not to charge an Algonquin, Ill. woman who abandoned her 19-year-old daughter, who has severe developmental disabilities, in a bar and refused to take her back.

Police found Lynn Cameron at the Big Orange Bar in Caryville, Tenn. on June 28, where her mother had sent her to use the bathroom and then reportedly drove back to Illinois without her, the Knoxville News Sentinel reports.

See http://www.huffingtonpost.com/2012/07/10/eva-cameron-abandoned-dev_n_1663334.html

watson4sherlock

Describing the situation to the Northwest Herald, Cameron painted a different picture of the incident. She says she drove to Tennessee and left her daughter in the state's care because it has the "No. 1 health care system in the United States of America," and would be better able to provide for Lynn than her family, which was overextended caring for her sibling.

"We need to change the law so that if a mother has two children that have issues with disabilities, that there needs to be more help offered by the state," Cameron told the newspaper. "They just say, 'You don't qualify.' "

See http://www.huffingtonpost.com/2012/07/10/eva-cameron-abandoned-dev_n_1663334.html

watson4sherlock

The FBI will investigate Excessive Force complaints.

Police Investigations of the Use of Deadly Force Can Influence Perceptions and Outcomes

See http://www.fbi.gov/stats-services/publications/law-enforcement-bulletin/january-2010/police-investigations-of-the-use-of-deadly-force

Excessive force: In making arrests, maintaining order, and defending life, law enforcement officers are allowed to use whatever force is “reasonably” necessary. The breadth and scope of the use of force is vast—from just the physical presence of the officer…to the use of deadly force. Violations of federal law occur when it can be shown that the force used was willfully “unreasonable” or “excessive.”

Filing a Complaint
To file a color of law complaint, contact your local FBI office by telephone, in writing, or in person. The following information should be provided:

See http://www.fbi.gov/about-us/investigate/civilrights/color_of_law

RIGHTonline

KellyAlzan posted at 4:56 pm on Fri, Jul 19, 2013.
KellyAlzan Posts: 169

"I demand that the three security guards resign from the Sheriff's office immediately."

TOO funny! You demand.......? TOO FUNNY !!!!!!!!!! And under what authority do you (KA) "demand" such actions? Wow. Leave it alone already. It's done. Just beating a dead horse. Move on. This just serves to further inflame our local cop-haters. Move on, man.

backroomfrederick

What name are you under now Rightonline? You have 3? I've got your dead horse right here.

kimchilatkes

You can sign the petition for an INDEPENDENT investigation here: http://chn.ge/196Awrf

The Saylor family has started a Facebook page for information, updates, and support: http://on.fb.me/196AvDr

Remember Ethan Saylor

The Sheriff's Office cannot be trusted to make a valid determination of use of force. What policies? What rules? What regulations? Let the public see them! I doubt there are any.

But there ARE widely used law enforcement training guidelines for dealing with people with mental retardation, mental illness, disabilities, etc. that have been available since 1995.

THESE are the policies the public needs to demand the Sheriff's office apply. Not some CYA trash not worth the napkin it's scribbled on. If the deputies followed accepted policies, Ethan Saylor would have left the theater with his mom.

KellyAlzan

We are planning a protest march against the 3 security guards and the Sheriff for next week.

Has anyone run their names of the 3 security guards on zabasearch.com?

kimchilatkes

@kellyalzan, would you be willing to share info on your protest? I'd like to help get the word out. kimchilatkes [at[ gmail.com

watson4sherlock

You know the law enforcement in this area are trigger happy, so at the risk of being labelled a trader again, please don't let this turn into more meaningless deaths.

vmdigioia

Yea, that is real smart -- trying to call out the Deputies . . .

I can't wait to see them stand their ground . . . or better yet, you try to use your protest -- and see how long you stand your ground . .

too funny . . . but also very very sad

newtofc

They should have waited for the Mom to get there. They ended up shutting down the theatre anyway as a crime scene and giving all the patrons free passes to another show. This is a lot like the Trayvon Martin case, the unecessary death of a young man by an overzealous person(s) who think they are saving the world.

KellyAlzan

This death is probably one of the most unnecessary deaths in all of the unites stated for 2013.

VERY VERY ignorant of the 3 security guards. Totally not necessary.

I demand that the three security guards resign from the Sheriff's office immediately.

They killed an innocent man with down syndrome.

They should be behind bars. Not the wheel of a squad car. What is wrong with society??

NASCARLOVER

Well, since YOU told them, I'm sure they will resign immediately.....

p-dave62

@ nascar ...[thumbup][beam][beam]

vmdigioia

Better yet . . . why don't you go in try to serve them with a warrant . . .

But please let us come and watch your stupidity in action . . .

watson4sherlock

You're the one with bolt action; you should do it.

tracis3rugrats

I am livid.

Give me a break.

So what if he wanted to watch the movie again. Was the $10 cost to get in worth his death?

I DON'T THINK SO.

For God's sakes, he was special and I don't believe Westview woudl've lost any money by letting him watch Zero Dark Thirty a second time.

Ethan didn't have to die and it's mortifying.

Westview should've been charged and the cops should've been held liable.

This hits very close to home with me as I have a special needs child.

This type of thing would never of happened with my daughter because I'M LOUD and everyone in the movie theatre would've known me.

My hearts breaks for Ethan's family.

BTW, what an awesome video of Ethan pretending to be Pee Wee Herman.

R.I.P. dear sweet child. God has you safe now.

steven09

I like to support the police whenever I can. It's not an easy job. But when an unarmed, handicapped boy is strangled to death in police custody.......it is very difficult to justify that.

frederickhole

force? Are these cops whimps?? They can't calm someone down by other means? Im surprised they didn't taze the dude. Seems thats all the rage with the fredneck cops these days.[sad]

RIGHTonline

^ Clueless.

jasonvarnadore

I would be curious to know if there are any security cameras at the movie theater.

p-dave62

as an extension of the family the chaperone care giver and they are all at the heart of setting the stage for how that afternoon went and they could’ve saved several hundred people from being exposed to a “eventful” incident they could well have suffered from due to no fault of their own ...

a “strange” and disappointing day had by all ...this dam fiasco lives on with the aid of the FNP to affect and darken the lives of too many unspoken and spoken people ...if you’re a sane and common sense thinker you have to surely come away believing Mr. Saylor’s last day of life wasn’t considerately and adequately planned for to the detriment of others ...I would this has become a real life study for aiding and guiding those families out there that have a burden all too often on their hands caring for one of their own and the consequences to others circumstances can ask of them who aren’t familiar with someone like Mr. Saylor...

NASCARLOVER

Firstly, this was a tragic event that we all know, secondly, it lives on with aid from the FNP because YOU continue to post an inane response, like many others here!!

RIGHTonline

^ This only serves to keep the local cop-haters buzzing. It's done. Caretaker and his / her hiring agency have a lot to learn about ABANDONMENT.

nativespecies

PDave, I'm having a little trouble following you but yes, i agree that too many people's lives were affected by this tragedy...and yes, thank you FNP for keeping this story alive because the authorities seem to want to make it just go away...and yes it is a shame that we can't all be sane and common sense thinkers like you...and i agree that this story should become a study guide for how NOT to handle differently abled people in potentially confrointational situations.

Hope I've done justice to your message and thanks for being an advocate for those who are less fortunate than you are.

quemzeee2

Obviously there was a history of his acting out in public, The care giver did there job by stating that fact.
The police did there job correctly.
If he is allowed to be in public at will, then he is held acountable for our laws.
The parents are shopping for cash. period.

justwantjustice

Shopping for cash. period. WHAAAT!!

I hope if anyone ever kills your child and it is ruled a homicide people will show you more compassion than you are showing.

If cash was what they wanted WHY has there been no lawsuit filed in six months since it happened????

Answer that if you have the mental capacity to even understand how out of line your comments are and if you could possibly respond intelligently.

Maybe there will be a lawsuit someday, who knows but obviously it is not the family's primary concern since none has been filed.

They seem to me to be still mourning the loss of their loved one and seeking answers that have been intentionally withheld at this point and not thinking about money.

rscott25

The thing that digusts me, as a 22 yr old college graduate, hard core Repub, things I saw in New Orleans rocked my mind. These guys were thugs and had no control. I saw things worse than these these 3 did. Back of heads blown off on your first night on the job.

frederickhole

WE AREN'T IN NEW ORLEANS, SO GIVE IT A REST.[sad]

Upton Golfer

They're using New Orleans as an example, comparing this incident to what they saw in New Orleans.[ohmy]

nativespecies

How about a link to this statement FNP?

nativespecies

Nevermind, just saw it.

I like how the Lt Col qualified his approval by adding "as described" to the Use of force was reasonable check box - Just in case his guys were painting a pretty picture for him.

Way to go sir, you obviously have been a cop for awhile!

NASCARLOVER

How about a link the The New Orleans Post?[wink]

RIGHTonline

Let's keep on beating that dead horse, FNP. This just serves to keep wounds open and further infurioriate the local crowd of cop haters. Perhaps we can re-run stories like the O.J.murders...or the Kennedy assassination. Need new material here, FNP.

frederickhole

why do you care so much? you can always not read it and move along like you tell others to do.[angry]

president8444

Formerfcps, no family guilt,leaving him with an untrained guardian.Just let the public care for him ,let him sit outside the movie in that building, Not much total love FCPS.You bllame the wrong parties.Family guilt knowing he has a mean profile too.Gets mean ,wants his way only.Not his fault,he didn't know any better.??

rscott25

An obvious idiot. Glad you are no longer on any force. The caregiver was out getting a taxi. Or have you not been paying attention?

kingoffrederick

Was Pres on the force?[sad]

Upton Golfer

"bllame"?

nativespecies

Oh, so the guys who used excessive force signed a paper saying they DIDN'T use excessive force.

Well that should clear it up.

jarhead

Why does a movie theater need armed security guard? If their "need" is justified, where else in there a need for armed security guards? The gas station, the supermarket, Walmart? The security personnel were there for the money...period. Just like their full time job, the money. They aren't paid to stand outside your home to protect you, while several are paid to run a metal detector at the court house.

jrmrt

Great post!

- I'll bet the late night clientele gets sketchy there
- Hmmm. Aurora, CO ring a bell?
- They work their primary and second jobs for the money? Brilliant! I'll bet you
donate all of your time.

rscott25

A disgrace to the uniform. And as they acted moonlighting as paid security officers. I know in a lot of jurisdictions, what they did is not legal. I can't say yes or no in Frederick. All 3 should be fired.

aceemily

I see the Washington Post and the FNP remain in collusion on this story line; both have articles in today's edition. They won't rest until they have pilloried Sheriff Jenkins out of office or until the readership stops reading. I would love to read the FNP version of how Kaplan University, which provides at least 60 per cent of the Washington Post's revenue, justified ripping off minorities, veterans and tax payers for millions of dollars. I also would like a clear explanation of the business relationship between the FNP and the Washington Post. PS: FNP, now that you deliver the Washington Post in Frederick County, please fix your production problems. The 7-11 clerks and I are tired of your incompetence.

rscott25

You did see, WAPO is now charging for internet access, right?

wmpratt2010

People keep approaching this as police officers. The were at the time Private security guards.

watson4sherlock

They took off their private security guard hats when they arrested him otherwise they would have called in law enforcement to extracate him from the venue.

wmpratt2010

If Jenkins is smart he would consider this a private security matter and not allow the officers to use police powers or benefits.

nativespecies

I think you just answered your own unasked question. Guess that's why he's the sheriff and we're not.

kingesquivel

The Washington Post sure scooped FNP on this today...

kingesquivel

He was taking a college course. How could he not know that he was doing something wrong by going back into the theater without paying?

watson4sherlock

A person with a disability could take a college level class without earning credit also. A college level course provides socialization with similarly aged adults. But if he was prone to outbursts like is alleged that would not work out very well. As I recall he also graduated from high school so he can function with reasonable accommodations.

Perhaps he had no money but wanted to see the movie again. A theft of services or trespassing conviction is not a capital crime even before the death penalty was repealed by the Maryland legislature.
Apprehending an offender using deadly force is only justified in the case of capital crimes.

It would have been less disruptive to charge him with theft of services for watching the movie without paying for it than what did happen. Perhaps the customers who were present should seek legal counsel about suing also for emotional distress or such.

Poor judgment all around.

Upton Golfer

They always do.

formerfcps

What a joke. A report ghost-written and signed by the depities who killed him! Well, when they start hiding behind the rules and policies you know they're guilty, and you know they know they're guilty. Just like when the factory blows up and kills 2,000 people, the owners spew, "It's not our fault. Our factory met all the safety requirements." The lackeys who cover for this inexcusable killing are as disgusting and low as the depities themselves and their belly-jiggling sheriff-imbecile leader.

steven09

http://en.wikipedia.org/wiki/Blue_Code_of_Silence

Welcome to the discussion.

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