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Officer who shot man at Dayton emergency room not indicted

Officer-involved shooting

DAYTON — The Dayton police officer who shot a Toledo-area man at the Samaritan Behavioral Health CrisisCare in September was not indicted today on any criminal charges after the case was presented to a grand jury, court records show.

Officer Timothy Liddy shot Cory Fraley at the facility on Edwin C. Moses Boulevard Sept. 3 after Fraley nearly got a weapon after Tasers were used on him by Liddy and Officer David J. Blackburn.

Fraley had told an RTA employee "I'm ready to die" before he later lunged at an officer's weapon, police said.

Employees at CrisisCare had called dispatchers to report a mental health situation and said Fraley may be coming down from a methamphetamine high.

"Some of those comments made in multiple settings … seems indicative of someone who has intent to do themselves harm and in the process of doing so, perhaps do other people harm," Biehl said, later adding: "The most difficult part of this dealing with mental health populations is when the person has already become violent or injured someone or taken a violent act against someone, those become very difficult to resolve without some force response."

Video showed Fraley interacting with workers, but Biehl didn't know what was said before a 911 call was placed.

"We can't even interview him," a CrisisCare employee told a dispatcher. "He's so agitated so we need the police to come and possibly take him to Grandview Hospital."

A couple minutes after police arrived, Liddy and Blackburn deployed their Tasers after Fraley lunged a first time. When Fraley nearly got one weapon on another effort, Liddy discharged his weapon.

Fraley has since been indicted on an aggravated robbery charge.

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