Elyria Police Chief William Pelko has been suspended for two days after a controversial incident where officers entered a man’s home without a warrant, used a stun gun, and arrested him. The suspension, served on September 25 and 26, was issued by Safety Service Director Chris Pyanowski, who cited the chief’s failure to promptly address the May 11, 2023, event.
The incident involved Elyria officers entering the home of Raul Ortiz on Garvin Avenue, where they tased and arrested him despite not having a warrant. The arrest came after Senior Officer Paige Mitchell told Ortiz’s ex-girlfriend, Brittany Warner, that she could force her way into the home to collect belongings, though she no longer resided there. Charges against Ortiz were later dropped.
Officer Mitchell was suspended for 30 days without pay in late August for her role in the incident. Pyanowski criticized her actions in a letter, stating they “defied common sense.” Although Chief Pelko initially recommended Mitchell’s termination, Pyanowski noted that the delayed investigation led to a reduced disciplinary action due to legal precedent.
Officer Colty Hersh, who also participated, was suspended for three days without pay for violating department policies and failing to adhere to proper training protocols. A third officer, Chris Lewis, who was still in training at the time, was found not to have violated any policies and was not disciplined.
Chief Pelko faced criticism for not launching an internal investigation until nearly a year after the incident, which contributed to his suspension. Pyanowski pointed out that the officers’ actions recklessly endangered both themselves and the public.
Both Mitchell and Hersh have the opportunity to reduce their suspensions if they maintain clean records over the next year. Their suspension dates will be determined by Chief Pelko.
Meanwhile, Raul Ortiz has filed a federal lawsuit against the City of Elyria, the police department, and the officers involved. Ortiz’s attorney, Tony Nici, announced plans to request that the U.S. Department of Justice investigate and potentially prosecute those responsible for the incident.