The Montgomery County Sheriff’s Office captain whose pepper-spraying of a restrained inmate — and disappearance of records of the incident — spurred a federal probe and civil lawsuit pleaded not guilty today to a misdemeanor assault charge.
Capt. Judith Sealey was charged in Dayton Municipal Court on Nov. 8 for pepper spraying Amber Swink while Swink was strapped into a restraint chair in the county jail in November 2015.
“We entered a not guilty plea on her behalf,” said her attorney, Anthony VanNoy. “I believe it’s the wrong charge. I believe they should not have charged her criminally.”
“I recognize what the video depicts, but it doesn’t tell the entire story of what went on.”
After Montgomery County Prosecutor Mat Heck Jr. announced in May that a grand jury found there was insufficient evidence to bring felony assault charges, the case was referred to Dayton city prosecutors to consider misdemeanor charges.
Dayton Chief Prosecutor Stephanie Cook handed the decision on whether to press charges to Cincinnati city prosecutors. Dayton officials said they wanted to avoid any appearance of conflict because Cook sits on a jail advisory committee created in response to lawsuits from Swink and others.
Swink settled her lawsuit against Montgomery County in August, with the county paying $375,000.
Federal agents have not announced any findings in the case, which includes concerns over how and why video and other records of Sealey pepper-spraying Swink disappeared from county records and only surfaced through Swink’s lawsuit.
This news outlet reached out to Montgomery County Sheriff Phil Plummer for comment. This story will be updated if comment is received.