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The Cuyahoga County Sheriff鈥檚 Department quietly updated its policy to allow the release of body camera footage from deputy shootings within seven business days, The Marshall Project and News 5 Cleveland have learned.
The follows an by the news outlets into how the sheriff鈥檚 department refused to release video from deputy shootings. Last October, the department did not release footage for nearly four months after a deputy shot a teenager in Cleveland.
County officials released the video hours before the news outlets published the joint investigation.
Neither Sheriff Harold Pretel nor County Executive Chris Ronayne would say why the sheriff鈥檚 department updated its policy without announcing the change to the public.
The new policy took effect Feb. 14, records show.
鈥淭he policy update aligns with nationwide best practices regarding the release of public information,鈥� Pretel wrote in a statement. 鈥淭he updated policy is a step toward strengthening trust between residents and law enforcement.鈥�
The Marshall Project - Cleveland and News 5 Cleveland repeatedly asked to interview Pretel and Ronayne, but a county spokesperson said neither was available.
The Cuyahoga County Sheriff鈥檚 Department shifted its body camera policy following a News 5 Cleveland and The Marshall Project - Cleveland investigation into the shooting of a teen by a deputy. (This video contains police bodycam footage that includes the sound of gunshots, which are being fired toward a teen.)
The policy update is similar to laws passed in and , which require footage of shootings to be released within seven days. The Cleveland law also applies to independent police agencies that operate inside the city. It does not apply to the sheriff鈥檚 department or federal or state officers.
While the policy update says footage should be available for release within seven business days, Cleveland and Akron鈥檚 policies are more direct, essentially promising the footage within seven days.
Cleveland and Akron will also release footage from at least three recording devices, if multiple devices captured the encounter. Pretel鈥檚 update doesn鈥檛 specify how much footage will be released.
Five Cuyahoga County Council members told the news outlets on Feb. 25 that they were unaware of the policy change. They only learned of the change from reporters. Several said Pretel should have notified the entire council about the policy update.
County Council President Dale Miller said seven business days is reasonable to release video footage. But after conferring with the council鈥檚 attorney, Miller said he considers the word 鈥渟hould鈥� imprecise language.
鈥淚 would prefer 鈥榮hall鈥� with possible exceptions noted if necessary,鈥� he added.
County Councilman Martin J. Sweeney commended Pretel鈥檚 about-face, but called the move 鈥渓ong overdue.鈥� He praised The Marshall Project - Cleveland and News 5 Cleveland for prompting Pretel to act and bring greater transparency to the sheriff鈥檚 department.
鈥淲e have a new policy because of that, and that is something that is in the best interests of the people of Cuyahoga County,鈥� Sweeney said. 鈥淚 truly believe that.鈥�
The mothers of three teenagers who were chased by the sheriff鈥檚 deputies in October said they were kept in the dark about the shooting. They did not learn which police agency shot the child until meeting with The Marshall Project - Cleveland and News 5 Cleveland.
The shooting unfolded as Cuyahoga County sheriff鈥檚 deputies said they were in pursuit of a stolen Nissan carrying three people, one possibly armed.
The chase ended in a crash near East 26th Street and Superior Avenue in downtown Cleveland, prompting the three teenagers inside to run. Deputies opened fire, striking the 15-year-old boy in the leg, records show.
The teen was and released to county juvenile court authorities. He and the two other teens face a number of delinquency charges.
A鈥檃ishah Rogers, the mother of the injured teen, called it horrifying to watch the videos. She watched them for the first time when the news outlets published their joint investigation. County officials, she said, should have allowed her family to view them first.
鈥淢e and my family members shouldn鈥檛 have to see this type of footage on TV with everyone else,鈥� she said.
Rogers said she became angry after watching the videos countless times because it appears Deputy Isen Vajusi opened fire as he jumped out of his car. The deputy is then heard saying he thought he spotted a gun in her son鈥檚 hand.
鈥淚 saw no gun; I saw nothing silver,鈥� she said. 鈥淚 did see a child running from police, and I heard six gunshots.鈥�
She said the sheriff鈥檚 department needs to do more than update a policy to build community trust. Rogers is still left with unanswered questions, since deputies did not find a gun near her son.
鈥淭o me, it still smells like a cover-up,鈥� she said.
While Cleveland police are required by city law to release videos of officer shootings, the sheriff鈥檚 Downtown Safety Patrol, despite operating on those same Cleveland streets, was not held to the same oversight standards.
Subodh Chandra, a civil rights attorney and former Cleveland law director, said releasing video footage is imperative for the public.
鈥淭he bodycam and dash cam videos that law enforcement use literally exist for the purpose of accountability and transparency,鈥� he said.
