Akron police officer who shot 15-year-old April 1 was fired, reinstated in 2021

Officers recovered what appears to be a facsimile firearm that the teen allegedly had in his possession in the moments leading up an officer-involved shooting the Goodyear Heights neighborhood on April 1.
Officers recovered what appears to be a facsimile firearm that the teen allegedly had in his possession in the moments leading up an officer-involved shooting the Goodyear Heights neighborhood on April 1.

An Akron police officer who shot a teen suspected of pointing a gun at homes last week was fired — and then reinstated — in 2021 for pulling a weapon on his girlfriend while intoxicated and other incidents, according to his personnel file.

The city of Akron on Monday released body-worn camera footage and the personnel file of officer Ryan Westlake, a nine-year veteran of the police department who was involved in the April 1 shooting.

The body-worn camera footage shows the moment when Westlake shot and struck the hand of a 15-year-old boy who allegedly pointed a gun that turned out to be fake at Goodyear Heights homes.

Westlake, whose body camera footage shows the shooting, pulled up alongside a home on Brittain Road and opened the driver-side door before yelling to the teen.

Body camera footage: What worn-body camera footage shows in Akron police shooting of teen with fake gun

"Where you coming from? Can I see your hands really quick?" the officer asked.

In the seconds that followed, the officer grabbed his police-issued firearm and fired a single shot, striking the teen's right hand. The fake gun can be seen on the devil strip as the officer exits his cruiser.

"Oh s***," the officer said immediately after shooting the gun. "Shots fired. Shots fired."

Police-involved shooting: Akron police recover fake gun from teen who was shot in the arm by officer

The teen threw his hands in the air, yelling that the gun was a fake as the officer continued pointing his firearm at the boy. The teen's right hand, which was shot, was partially closed.

The teen was taken to a local hospital for what police said were non-life-threatening injuries. His face was blurred in the video to protect his privacy, according to the Akron Police Department.

City could press charges against teenager, attorney Imokhai Okolo says

For Imokhai Okolo, who represents the teen, this incident is another in a long line of police shootings that cannot be justified.

"[He] was shot on the inside of the wrist which clearly indicates his hands were up when he was shot," Okolo said in a news release issued Monday.

Okolo said the 15-year-old boy, Tavion Koonce-Williams, is an East High School student "with a promising future." The teen is being identified at the request of his family, who wants his name to be known.

Okolo said the boy was unarmed with his hands up in the air at the time of the shooting, which occurred a block from his grandmother's home.

City prosecutors could press a facsimile firearms charge against the teen, he said.

"[He] is no different than countless youth in this city who carry a toy guy," Okolo said. "At no point was that gun pointed at anyone's home, at any individual, and certainly not any member of the Akron Police Department."

In a news release Monday, the Freedom BLOC described the situation as "totally avoidable" and called on the city to immediately fire the officer.

"Black kids and White kids alike have been playing with toy guns since the beginning of time but Black kids are the only ones dying at the hands of law enforcement," the group said in its release.

NAACP leaders respond to police shooting of teen: 'There was no reason to pull the gun'

The release of the video footage led to questions from other community leaders about whether it was an overreaction to the situation.

Judi Hill, president of the Akron NAACP, said it appears the teen was complying with the officer prior to the shooting. She said he wasn't yelling or cursing.

"He acknowledged the officer," she said. "There was no reason to pull the gun. That's the thing that got me."

"I was blown away by it," she added.

The Akron FOP, in a statement released Tuesday, said the officer "acted within policy and procedure and according to his training."

The union said the officer made a "split-second, life-or-death decision" and noted that he and other officers immediately provided medical help to the teen after the shooting.

Several agencies to investigate shooting

A call came into the police department at about 7 p.m. April 1 from a woman who reported seeing a male pull out a gun and point it at houses on Tonawanda Avenue and Newton Street.

The police-involved shooting occurred near Ottawa Avenue and Brittain Road.

The replica gun was turned over to the Ohio Bureau of Criminal Investigations (BCI), which is doing an independent investigation.

Westlake has been placed on paid administrative leave, which is the department’s policy.

After BCI completes its investigation, the case will be turned over to the Ohio Attorney General’s Office for review before being submitted to a Summit County grand jury to determine if charges are warranted.

A separate internal investigation also will be done by the Akron Police Department’s Office of Professional Standards and Accountability. Those results will be shared with the police chief and newly appointed independent police auditor Anthony Finnell.

This is the same process that was used to investigate the police shooting of Jayland Walker, which resulted in the eight officers involved not being charged. The internal police investigation also found that the officers had not violated any policies or procedures.

Once the internal investigation concludes, the Akron Citizens' Police Oversight Board, which was formed after Walker's death, will begin its review led by Finnell, said Kemp Boyd, chair of the board.

The Akron FOP said the union will work with all agencies involved.

"We are confident when all the facts are released, our officer's actions will be deemed justified," the union said in a statement released last week.

Akron officer has faced prior discipline

Westlake was previously disciplined for several incidents that happened while he was on and off duty.

Westlake got into trouble for an off-duty incident in January 2021 involving his girlfriend in which he brandished a firearm while intoxicated. He admitted that he did something similar in an incident in Florida in December 2020, according to personnel documents.

The officer also came under scrutiny for an on-duty incident in March 2021 in which he used profanity and a homophobic term.

The officer said in a written response to the March 2021 incident that he had just returned after being off for an extended period to deal with a “stressful situation.”

“I recognize my language is unacceptable,” he said. “While my intention was not malicious, I understand the language is unprofessional and offensive.”

The officer said he registered for a training focused on interacting with the public.

“I will continue to better myself and strive to enhance my interactions with the public,” he said.

Former Mayor Dan Horrigan fired Westlake in July 2021, saying he wasn't "fit" to be an Akron officer.

The city, though, rescinded Westlake's termination in a deal reached with the police union, according to personnel records.

Westlake agreed to serve a 71-day suspension and withdraw all appeals or grievances.

Asked about why the officer’s firing was rescinded, Stephanie Marsh, a spokesperson for the city, said Monday that she couldn’t comment beyond the information in the personnel file.

“We anticipate having more to share in the coming weeks,” she said.

Westlake returned to duty on Oct. 28, 2021, after his suspension.

Among Westlake's more recent disciplinary problems was a written reprimand he received in July 2022 for failing to operate a patrol wagon in a “safe and prudent manner.” This related to an incident on June 6, 2022.

The police union said each of Westlake's disciplinary issues was handled through the department's disciplinary process.

City releases officer's name

The city didn't redact Westlake's name from his personnel file unlike during the Walker shooting; the names of the officers involved in that case still haven't been released.

The Beacon Journal sued the city for this information, with a lawsuit still pending before the Ohio Supreme Court.

“In an effort to be as transparent as possible, we are releasing both the body camera footage showing the officer’s entire interaction with the adolescent who was shot, and the officer’s personnel file,” said Mayor Shammas Malik, who was elected in November to replace Horrigan, who retired. “We will continue to be transparent and communicative as the process unfolds.”

Malik said the officer's personnel file is public record, and several news agencies had requested it.

Stephanie Warsmith can be reached at swarsmith@thebeaconjournal.com. Bryce Buyakie can be reached at bbuyakie@gannett.com.

This article originally appeared on Akron Beacon Journal: Akron police officer who shot teen was fired, reinstated in 2021