Officer cleared in shooting of suspect

4/18/2003

A Toledo police officer was justified in shooting a South Toledo man four times in February after the man allegedly pulled a loaded revolver on two officers, the department's firearms review board ruled yesterday.

Officer Kevin Braun shot Jeffrey Davenport, 34, of Atlantic Avenue, on Feb 17 at the home of Davenport's sister at 885 Ogden Ave.

Officer Braun, who joined the force two years ago, was cleared of wrongdoing after a one-hour hearing, said Deputy Chief Michael Schroeder, chairman of the five-member panel. Police Chief Mike Navarre said he concurred with the board's recommendation.

Last month, a Lucas County grand jury indicted Davenport on three counts of felonious assault, including specifications that a gun was used in the crime.

Davenport pleaded not guilty by reason of insanity to the charges. An evaluation to determine if he is competent to stand trial was ordered. His next court appearance is scheduled for April 30.

Sheldon Wittenberg, Davenport's attorney, declined comment on the review board's recommendation because the criminal case is pending.

Gregg Harris, president of the Toledo Police Patrolman's Association and a review board member, said the officer acted in self-defense. “There was absolutely no question of whether it was justified or not,” he said.

Mr. Harris called the officer's actions “textbook.”

“He did everything exactly the way it should have been done,” he said. “It was very impressive the way he handled the situation.”

Officers went to the Ogden residence after Davenport allegedly hit a neighbor in the head with a chain during an argument outside 886 Hampton Ave. Davenport then went inside his sister's house on Ogden, where he often stays.

Officer Braun and Officer Sheri Kellar-Raab responded to the assault call and approached the Ogden residence. Davenport answered the door and the officers told him he needed to come with them to the detective bureau.

Police said Davenport then reached under a pillow on a nearby chair and pulled out a revolver. He turned around and started to bring the revolver into a shooting position. Officer Braun shoved Davenport's sister out of the way and shot Davenport four times, hitting him in the chest, stomach, and side, the deputy chief said.

Police later found a dozen guns Davenport had stashed around the house on Ogden, including a Chinese assault rifle affixed to a tripod in his bedroom. It was aimed at the bedroom door.

The officers were placed on administrative leave immediately after the shooting, but have returned to duty, the deputy chief said.