By Dayton Daily News Staff
DAYTON, Ohio — When James David Myers used ladders to scale the fences of the Mansfield Correctional Institution on July 3, police circulated bulletins on television, radio and social media warning the public about the escaped inmate, who was serving a 40-year prison sentence for rape, kidnapping, burglary and stalking.
A day later, a man recognized Myers inside of the Olivesburg General Store in Richland County. He tackled him and held him at bay until police arrived on scene, according to reports.
Stark County Sheriff George Maier said it was a classic example of a citizen’s arrest, showing both the powers conferred on everyday citizens to involve themselves in criminal matters, as well as the risks they face when doing so.
“That was a known, escaped felon that that person took action on, well within the confines of the law,” Maier said. “The law is pretty clear. If you’re talking about making an arrest and physically detaining someone, it would be if someone is in the progress of committing a felony.”
Ohio’s “citizen’s arrest” law, found in section 2935.04 of the Ohio Revised Code, speaks clearly to the procedure. First, you must have reason to believe the offender committed a felony. Only police officers can make arrests for misdemeanor crimes.
Second, you must take the offender before a judge, clerk of court or a magistrate or have an officer authorized to execute criminal warrants take the offender before the court. An affidavit must be filed stating why the person was arrested.
“Felonies are capital offenses and a reasonable person would know,” Maier said. “Jaywalking, littering are misdemeanor violations. A citizen would not have the right to engage themselves in something of that nature, but that certainly shouldn’t deter them from reporting a crime.”
Maier said there are gray areas that make the public’s role ‘legally complicated,’ like encountering someone who is intoxicated and about to get behind the wheel. For example, operating a vehicle impaired is a misdemeanor, but the risks involved elevate the situation.
He said on several occasions he’s encountered people who have taken the keys from a drunk driver and detained them.
“There’s a sense of urgency in reporting and deterring that type of action,” he said. " ... Is that legal? Did they make an arrest? Not really, but that’s a fine line. Did they operate in good faith and in the interest of public safety? Absolutely.
“If you see someone who could cause serious physical harm to them self or someone else, you have a moral obligation to report or engage.”
Robert A. Cornwell, executive director of the Buckeye State Sheriffs’ Association, said citizen’s arrests aren’t common. He warned people that they come with great risk.
“You never want a private citizen to put him or herself in jeopardy,” he said. “Whenever you intervene in a situation, whether it is a domestic fight, a bank robbery or sexual assault, you subject yourself to being hurt. In good faith, you’re trying to assist and should come to the aid of your fellow man. I don’t disagree, but often times you put yourself at peril.”
Copyright 2013 Dayton Daily News