WHITEHALL, Ohio (WCMH) -- New details have emerged surrounding a wrongful death lawsuit against the city of Whitehall and one of its police officers questioning the use of force in the arrest of a man with disabilities.
Body camera footage and personnel files obtained by NBC4 show officer Kyle Schneider's interaction with Alex Menhenett on Jan. 19 at the Walmart on East Main Street. Menhenett's family is suing the city, Schneider, Walmart and a private security company that Schneider worked for after the interaction left Menhenett hospitalized and, just days later, dead from his injuries.
According to the lawyers representing Menhenett’s estate, Menhenett had a disability and a severe traumatic brain injury from a car accident in 2001 that left him deaf in both ears. His lawyers said he had a cochlear implant in his left ear but still had difficulty in noisy spaces and with lip reading. Court documents also said Menhenett slurred his words and walked differently due to his injuries.
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According to Schneider’s testimony, he was working special duty when he was called over a complaint from an employee about a drunk man who would not leave the self-checkout area. Schneider was an unpaid auxiliary officer for Whitehall at the time.
Body camera footage showed Schneider approach Menhenett as he tried to purchase a space heater. Schneider asked Menhenett if he had any alcoholic drinks that day, and Menhenett asked why it mattered. Schneider then pointed to his slurred speech and unsteady posture and said he seemed to be publicly intoxicated.
Whitehall police said Menhenett's blood alcohol level was later determined to be .338 that day. According to court documents, he had used alcohol to cope after the accident, leading to a long battle with alcoholism. Legal documents said he tried to quit several times but experienced withdrawal-induced seizures that contributed to further brain injuries.
Menhenett appeared to say “I slur my words” in response to Schneider, to which Schneider responded, “Well, you just did.” Schneider accused Menhenett of being intoxicated, and Menhenett replied, “You’re intoxicated.” Schneider instructed Menhenett to put the space heater down before taking it from him, instructing him to place his hands behind his back.
Footage shows Schneider reached for Menhenett's arm, who pulled away. Schnieder raised his voice in response.
“Do not resist. Do you understand me?” Schneider said. “You are under arrest. Do not resist. Place your hands behind your back. Do it now."
Menhenett asked Schneider what he was, and Schneider responded that he was a Whitehall police officer, his first time identifying himself as such. Body camera footage does not show what Schneider was wearing, but Schneider’s testimony states he was in full police uniform.
Menhenett placed his hands behind his back. Menhenett was then instructed to turn around but stared at Schneider in response. When Schneider took his hands, Menhenett pulled away. Schneider appeared to hold his hands in front, and Menhenett continued to try to pull out of his grasp, stating something unclear.
Schneider then initiated a takedown of Menhenett, who hit his head on the floor as Schneider held his arms. Schneider instructed him to stop resisting and handcuffed him, then called for a medic. Schneider pulled Menhenett on his side, revealing a pool of blood under his head. While waiting for medics, Schneider repeatedly asked for Menhenett’s name and shook him several times. Footage does not capture any response from Menhenett until medics arrived, when he began to groan.
Menhenett was taken to a hospital and diagnosed with a brain bleed.
According to Whitehall officer testimonies, two officers visited Menhenett in the hospital on Jan. 21 and served him a summons on charges of resisting arrest and disorderly conduct. While there, medical staff told them he would likely die from his injuries. On Jan. 22, the Franklin County Coroner’s Officer was notified that Menhenett was declared “brain dead,” and the same day, the case against Menhenett was filed in Franklin County Municipal Court.
Menhenett's autopsy report listed Whitehall as the investigating agency. According to police records, Schneider's use of force was found to be justified, and he was placed on leave for one day to attend a mandatory critical incident stress debriefing. Whitehall police sent the case to the Ohio Bureau of Criminal Investigation for review, but the bureau declined to investigate.
Tim Mahler, one of the attorneys representing Menhenett's estate, said he disagrees with the finding that force was justified.
"Fortunately, we have a civil justice system where we can conduct a complete and proper investigation of this tragic incident," Mahler said.
Schneider’s personnel files show a month after Menhenett’s death, Schneider was offered a paid position with the division, making just under $45 an hour as a part-time officer. Mahler called this a promotion, a choice he has questions about. Whitehall Police Chief Mike Crispen said the position was not a promotion and had been in the works for a long time.
Schneider's file also shows he received several department awards, including auxiliary officer of the year in 2020. However, documents also list 13 documented incidents of Schneider failing to follow policies, including him failing to tell suspects they are under arrest, threatening to taser a pregnant woman and two incidents where he crashed a police cruiser into a pole, both deemed preventable.
His disciplinary records include an email conversation among Schneider’s superiors, who questioned his ability to work alone on special duty at Walmart and alleged he had a history of poor decision-making under stress.
“Officer Schneider highlighted a disregard for training, poor decision making and lack of competence to perform as expected,” one officer wrote. “He has shown a history of this over the past year, one such incident even led to him becoming severely injured.”
Schneider's history was mentioned in the lawsuit filed on Oct. 1, and Mahler said the defendants have not formally responded yet. NBC4 reached out to multiple city officials but was told only City Attorney Brad Nicodemus was able to comment on the lawsuit.
“With regards to pending litigation, I have no comment at this time, other than to confirm we have been served with the complaint,” Nicodemus said.
