The city of Cleveland has settled a federal lawsuit filed by Antoine Tolbert, an activist arrested last year for openly carrying firearms on the city’s Eastside. Tolbert and his attorney are receiving $85,000 from the city and at least a partial apology.
Tolbert, a community activist who conducts armed patrols with his group New Era Cleveland, insisted on an apology letter from the city as part of the settlement.
He was arrested a year ago while walking alone along St. Clair Avenue in broad daylight, holding a long gun and openly carrying a handgun in a holster. It’s legal in Ohio to openly carry firearms.
“It was more pushback on the letter than it was the money, you know, because the city doesn’t want to admit any wrongdoing,” Tolbert said.
According to Tolbert, the city did apologize for the problems that resulted from his wrongful arrest, including the loss of his job and having to move out of his home.
The court clerk hasn’t posted the settlement agreement or apology letter online.
While the city has not announced any discipline for the officers involved in the incident, the Office of Professional Standards (OPS) has recommended the highest level of discipline possible – a Group 3 – for the officer who made the arrest, Sgt. Lance Henderson.
In their February meeting, the OPS presented its investigation to the Civilian Police Review Board, which recommended the highest level of discipline for Henderson for the counts, an improper stop and an improper arrest.
Both those recommendations would carry a punishment of at least a 10-day suspension up to firing, which means it goes directly to Chief Director of Public Safety Karrie Howard for a decision.
Now that the 13 members of the Community Police Commission are seated, they could review Howard’s decision and change the level of discipline he imposes.
Tolbert said during the February meeting he hopes Henderson is fired and is waiting for a final decision by the city.
“Illegally charging me with false charges – that’s criminal behavior,” said Tolbert. “To me, it’s insane. This is a police officer, this is a supervisor, this is a sergeant. And this is the conduct, and this man still has a job.”
Henderson can be heard in the body cam footage saying Tolbert should be charged with improper handling of a firearm, which is a charge that only applies to carrying inside a motor vehicle.
The charge was later changed to carrying a concealed weapon, though it’s clear from the footage and from the discussions among officers on the scene that Tolbert was open carrying.
The charges were eventually dropped.
The OPS investigation also found that, after learning of the investigation, Henderson returned to a Family Dollar store not far from where Tolbert was arrested to watch security footage of an armed robbery that occurred the same day.
He told the investigator that Tolbert fit the description of the suspect in that robbery, though he never mentioned that to Tolbert or other officers at the scene.
“As the dust is settling, I’m realizing that we have to be everything that our people need and that we aren’t going to get any additional support from the city of Cleveland,” Tolbert said. “Real change is going to come from within the community.”
