OXFORD, Butler County — An external investigation found that a police officer did not use excessive force during a November arrest.
On Nov. 18, 20-year-old Miami University student Devin Johnson was arrested for alleged assault, resisting arrest, criminal trespass, and underage intoxication after an incident at a bar.
According to a previous News Center 7 report, a video appeared on social media showing Oxford Police Officer Mathew Blauvelt striking the student in the face during the arrest. This video prompted the police department to open an investigation.
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The Butler County Sheriff’s Office conducted an independent, external investigation into the use of force during the arrest, according to a spokesperson from the Oxford Division of Police.
The investigation took place to determine if Blauvelt should be charged with assault, the spokesperson said.
According to Butler County Sheriff’s Lieutenant Ed Tanner, video shows Blauvelt was trying to detain Johnson, when the student pulled Blauvelt down on top of him.
During the altercation, Johnson tries to roll Blauvelt over and was almost successful in doing so, Tanner said.
Blauvelt then “delivers the upper body strikes,” to Johnson, Tanner said.
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More officers arrive on scene and Blauvelt does two knee strikes to Johnson’s midsection, Tanner said. Officers were able to take Johnson into custody at this point.
Butler County Prosecuting Attorney Michael Gmoser reported that the investigation found the arrest was lawful and no excessive force was used.
Tanner said Blauvelt used physical strikes to take Johnson into custody instead of any equipment available to him on his duty belt like a baton, OC spray, and a firearm.
His report also mentions the physical statures of both Johnson and Blauvelt. Johnson is a 20-year-old “athletic male,” at 6 foot 1 inch, 193 pounds while Blauvelt is a 55-year-old male, 5 foot 9 inches at 175 pounds.
Blauvelt is considered “to be not as athletic” as Johnson, Tanner said.
There was no basis for criminal charges against the officer, the spokesperson said.
The division will now use an outside agency to conduct an internal policy review.
This investigation will determine if any policy violations occurred during the incident.