The use of force to apprehend and place a suspect into custody is so rare that West Chester Twp. police have only utilized it in 33 of more than 7,000 arrests during the past four years, according to officials.

The use of chemical irritants, balance displacements or batons has been reported in 0.4 percent of arrests made by officers in West Chester Twp. from 2009 through 2012, according to police Chief Erik Niehaus.

“It’s fair to say that none of the officers have a desire to go out there and interact with a citizen in a negative way,” Niehaus said. “That’s the last thing we want.”

The police department is trained to consider several characteristics when choosing what level of force to use on a suspect, according to police policy.

Called a “Counter Use of Force Wheel,” the method trains officers to consider the size and age of the officer and suspect; drugs and alcohol; prior knowledge; and skill level. The choice of force to use — be it takedowns, elbows and knees, batons or a pepperball — is based on characteristics at hand, according to police policy.

“Historically, there’s always been choices; the wheel gives options based on the situations at hand,” Niehaus said. “They are tense, rapidly evolving situations.”

West Chester trustees approved in December a settlement agreement of $265,000 between the township and a man who was reportedly beaten by three officers following a bar fight last summer.

The three trustees agreed that reaching a monetary settlement with the man was the right thing to do for the township. But their opinions differ about exactly why.

Trustees Catherine Stoker and Lee Wong both said it would have been more costly to go through litigation defending the actions of the officers.

Trustee George Lang, however, has been critical of the officers’ handling of the situation.

“I can only speak for myself. I didn’t think we had a good case in moving forward in defending ourselves,” Lang has said. “The evidence was significantly stacked against us.”

Niehaus defends the actions of the three responding officers — Gary Gabbard, Paul Lovell and Randy Farris — to the fight in May 2012 at Win, Place or Show Sports Bar and Grill.

Niehaus said every response to resistance report filed is reviewed by the department’s integrity and development section — consisting of two sergeants and one lieutenant.

“Then an internal review can be done with additional things to follow on, such as more witness interviews,” he said. “We’re constantly reviewing what we’re doing to continually improve what we do day after day.

An internal investigation was conducted following the May 2012 incident that eventually cleared the officers of any wrongdoing. The investigation details that Lewis “displayed pre-attack clues by posturing, clenching his fist, refusing to listen to commands, pulling away and he was agitated.”

“The counterforce Officers Gabbard, Farris and Lovell used against Mr. Lewis was objectively reasonable in light of the facts and circumstances confronting the officers at the moment the response to resistance occurred,” states the internal investigation report.

A Butler County grand jury on June 27, 2012, decided not to indict Lewis on three felony counts of assault on a police officer, obstructing official business and resisting arrest, according to court documents.

“I don’t agree with the internal results,” Lang said after going through the surveillance video with Chief Niehaus. “Frame by frame, I didn’t see what the police chief said was occurring.”

In the incident, a 911 caller identified as Jason Herndon — general manager of the bar at the time — tells the dispatcher “major assistance” is needed for a fight involving 15 people. Those involved, he said, are belligerent, had already “swung on the bar backs” and the situation, he told the 911 operator, could escalate into “a bar brawl.”

The 911 dispatchers reported to police that a subject had threatened to hurt and shoot people.

A man wearing a yellow T-shirt, later identified as Jeremy M. Lewis, 30, of Blanchester, was reported to be involved in the fight.

When officers arrived, they found Lewis on the back deck of the bar and commanded him to stop walking, put his hands behind his back and get on the ground — all in an attempt to search him for a weapon, according to the internal investigation report completed by Sgt. Chris Whitton.

“After numerous verbal commands I grabbed the suspect’s left arm and attempted to put it behind his back so I could cuff him to eliminate any possible threat from the suspect,” according to statements made by Gabbard. “As I grabbed the suspect’s arm he pulled away from me and it appeared that his right arm was coming back as if to strike me.”

After several more verbal commands, two of the three officers deployed chemical irritant in three separate attempts to get Lewis to comply with orders, according to the internal investigation. After Lewis lunged at Officer Farris, officers grabbed his shirt and forced him to the ground.

Officer Farris reported that Lewis kicked and punched the officers while on his back.

All three officers then began striking Lewis with their batons while telling him to stop resisting.

“The baton strikes were delivered to areas that are appropriate (arms and legs) under the circumstances of Mr. Lewis punching and kicking at officers,” Whitton’s report states. “It is not reasonable to require officers to engage hands on a subject who is on his back punching at and kicking officers. Also taken into consideration is the close proximity of the officer’s own firearms.”

Whitton’s report states the officers were reacting to the violence against them.

Herndon, the general manager at Win, Place or Show at the time of the incident, said he has seen several people under the influence become volatile.

“You have to worry about officer safety, and if the suspect is under the influence they can often become volatile, irrational and you don’t know their thought process,” he said. “I’m not saying (how police handled the situation) was right or wrong.”

Also weighed in Whitton’s findings were corroborating witness statements made by Kristin Wocher — the bartender on duty — who said while cleaning the back bar said she saw “a gentleman in a bright yellow shirt being aggressive with the officers.”

The internal investigation by Sgt. Whitton cleared the officers of any potential wrongdoing. Whitton said the counterforce used by the officers “was objectively reasonable in light of the facts and circumstances confronting the officers at the moment the response to resistance occurred.”

Lexipol, a company who provides risk management policies for public safety organizations, is reviewing the police department’s entire policy procedure manual to identify best practices. Niehaus said this process began prior to the May 6, 2012 incident, and he hopes to have the review complete in the next three months.

“It’s a risk management company that helps develop procedures,” Niehaus said. “They’ve developed policies across the state of Ohio, to be compliant with state and federal laws.”