OXFORD, Ohio — An investigation launched by the Butler County Sheriff's Office into an incident outside of Brick Street Bar in which an Oxford officer struck a 20-year-old Miami University student during an arrest has concluded the officer's arrest was not excessive force.
The Oxford Police Department issued a press release on Friday saying that Butler County Prosecutor Michael Gmoser has reviewed the investigation performed by the sheriff's office.
"It is his opinion that the arrest is lawful and absent excessive force and there was no basis for criminal charges against the officer," reads the press release.
The incident must still be subject to an internal policy review, which will be performed by an outside agency at the Oxford police chief's request. That investigation is still ongoing.
Security video shows Officer Matthew Blauvelt punching 20-year-old Miami University student Devin Johnson three times as he tries to make an arrest. A use of force report states Johnson ignored verbal commands and was resisting arrest.
The video does not show what led up to the incident, but according to court documents, police say Johnson "entered Brick Street through a side access against the wishes of bar staff" and then was confronted by the bar manager.
Johnson then allegedly "refused to leave" and "assaulted bar staff."
Police Chief John A. Jones’ review of the incident on Dec. 1 shows that use of force was justified. But he told WCPO 9 on Thursday that while he reviewed body camera footage, he did not see security footage from Brick Street Bar, which was in the department’s possession.
“To address these concerns, the Oxford Division of Police has asked the Butler County’s Prosecutor’s Office to conduct an independent, external investigation into the actions of our officers,” he said in a video statement on Jan. 3.
Blauvelt has been on paid administrative leave since the incident.
The city has not yet released body camera footage of the incident, nor the security video. Brick Street Bar said their security video, which was published by someone who says they’re a relative of Johnson, was not permitted to be published. The bar voluntarily shared the video with police, a spokesperson said.
After he was arrested, Johnson was charged with assault, resisting arrest, criminal trespassing and underage possession of alcohol. His lawyer, Ryan Agee, said he denies all charges.
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