Police Auditor: City Liable After Cruiser Crashes Through Fence; Homeowner Speaks Out

Police Auditor Finds Officer's Actions Constitutionally Problematic

An independent police auditor in Akron determined that an officer made a significant error when his patrol car crashed through a residential fence while attempting to block a bicyclist during a traffic stop in September 2024. The incident, which occurred on September 16, 2024, led to the destruction of a fence and raised serious questions about the use of force and proportionality in law enforcement actions.

Anthony Finnell, the independent police auditor, concluded that the officer’s decision to use the cruiser to block the cyclist was "constitutionally problematic and disproportionate." In his report, he emphasized that the city should either repair the damaged fence or compensate the homeowner for the loss. This determination came after the city initially denied the homeowner’s claim for compensation, citing legal immunity under Ohio law.

However, the findings of Finnell’s report contradicted the city’s initial stance. The report agreed with a supervisor from the Akron Police Department who had determined that the officer violated the department’s safe vehicle operation policy. This conclusion played a critical role in overturning the city’s claim of immunity, as it highlighted the negligence involved in the officer’s actions.

A Year-Long Struggle for Justice

The incident took place when two officers attempted to stop a woman for biking without a rear red light. Instead of stopping, the woman fled through residential yards, prompting one officer to drive onto a sidewalk to block her path. The cruiser struck a fence, and the woman collided with the vehicle. A second officer pursued and tackled her, leading to her arrest.

Despite the woman’s claim of injury and fentanyl ingestion, the report noted that she showed no signs of serious harm or drug use. She was taken to the hospital but later released. The incident left the fence in disrepair for nearly a year, during which time the homeowner, Shelly Gladman, struggled to get the city to acknowledge her damages.

Gladman, along with her daughters, had built the fence in 2021 to protect her property and family. After the crash, she filed a claim for compensation, which was initially denied by the city. However, the situation began to change when Finnell, attorney Imokhai Okolo, and Akron City Councilman Eric Garrett became involved. Their efforts led to the release of Finnell’s report and eventually to the repair of the fence by Brotherhood Enterprise, a local business that offered to fix it for free.

Legal Implications and Future Audits

Finnell’s report not only addressed the specific incident but also outlined broader implications for police conduct. He reviewed the case through the lens of the Fourth Amendment and existing case law, concluding that while the officers were justified in their initial attempt to stop the cyclist, the use of the cruiser to block her introduced a significant risk of harm. Courts have previously ruled that such maneuvers could be considered deadly force, especially when they are disproportionate to the offense committed.

In his report, Finnell emphasized that there was no underlying felony involved in this case, making the use of the cruiser particularly concerning. He cited prior Ohio court rulings that established an exception to municipal immunity when police vehicles are negligently operated.

As part of his ongoing work, Finnell announced plans to conduct an audit of property damage related to Akron police actions. The audit will cover incidents from January 1, 2022, through August 31, 2025, aiming to identify patterns and ensure accountability across the department.

A Step Toward Accountability

Gladman expressed relief that the process was finally moving forward, even if it took over a year. She acknowledged the support from individuals and businesses who had reached out to help her during the ordeal. While the city has agreed to pay $1,118.46 in compensation, Gladman plans to give a portion of the money to Brotherhood Enterprise, recognizing the value of their assistance.

Finnell’s report marks an important step in holding the police department accountable for its actions. It highlights the need for careful review of police conduct and ensures that residents like Gladman are not left unheard or uncompensated for damages caused by law enforcement activities.