DAYTON, Ohio (WDTN) – An officer involved in a shooting in Kettering that took place on May 5, 2018, will not be indicted.
Patrol Officer Andrew DiSalvo responded to a possible domestic violence incident in progress. As he approached the apartment building, he could hear a female screaming.
Receiving no response after announcing himself as a police officer, he then forced entry into the apartment, fearing for the female’s safety.
Inside the apartment, 24-year-old Mitchell A. Simmons was seen pointing a firearm at the female’s head. He then proceeded to point the gun directly at the officer before turning back toward the female.
The officer then discharged his weapon, killing the suspect. The suspect had fired his weapon at the female but missed her.
Over the course of three days, the Montgomery County Grand Jury heard testimony and evidence from 11 witnesses in relation to the case.
The Grand Jury returned a no true bill and found that the officer acted lawfully.
“When an officer sees an armed suspect brandishing a firearm at another person, the officer has a duty to stop that suspect,” said Prosecutor Heck.