Trustees in West Chester Twp. agree that reaching a monetary settlement with a man reportedly beaten by several officers was the right thing to do for the township. But their opinions differ about exactly why.

Trustees George Lang, Catherine Stoker and Lee Wong approved a settlement agreement Dec. 4, 2012, of $265,000 to be paid to Jeremy M. Lewis, 30, of Blanchester, according to a copy of the agreement.

Surveillance video from the early hours of May 6, 2012, show the alleged beating of Lewis by officers who were responding to a bar fight at Win, Place or Show Sports Bar and Grill, located at 9933 Cincinnati-Columbus Road.

“I can only speak for myself. I didn’t think we had a good case in moving forward in defending ourselves,” Lang said Wednesday. “The evidence was significantly stacked against us.”

The five-minute video shows Lewis — who was allegedly involved in the bar fight — on the back deck of the bar. Officers discharged pepper spray and ordered Lewis to get on the ground, according to police statements at the time. For about 42 seconds, three officers are recorded repeatedly striking the subject with their batons before he is handcuffed.

A Butler County grand jury on June 27, 2012, announced its decision not to indict Lewis on three counts of assault, obstructing official business and resisting arrest, according to Butler County court documents.

Police Chief Erik Niehaus received an email the following day, June 28, 2012, from Attorney Kenneth J. Crehan of Crehan & Thumann LLC in downtown Cincinnati.

“Be advised the Law Firm of Crehan & Thumann, LLC, has been retained by Mr. Jeremy Lewis to assist him in bringing claims against the West Chester Police Department, as a result of the brutal assault against him by certain West Chester Police Officers,” Crehan said in the email.

Barbara Wilson, public information officer for the township, said there was no lawsuit filed against the township, only a settlement reached.

“We entered into an agreement because we felt it was in the best interest of all parties involved,” said Donald Crain, the township’s law director. “It was apparent there was going to be a lawsuit and it would take tremendous effort to defend it.”

Crain said each case with potential legal action against the township is approached uniquely, depending on the particular facts.

Reached by phone Wednesday, Crehan said he could not make comments regarding the settlement.

“You don’t have to wait (for the grand jury decision), but on these type of cases it’s a safe bet to wait to see what the county grand jury is going to do,” Crehan said. “It adds weight to the case.”

Trustees Stoker and Wong both said they have the belief it would have been more costly to go through litigation defending the actions of West Chester Twp. police Officers Gary Gabbard, Paul Lovell and Randy Farris, who were involved in the arrest.

Wilson said following the incident, no disciplinary action has been taken against the officers.

“It was cheaper for us to settle than go through the process of a trial,” Catherine Stoker said, who believes the township would have been exonerated.

“It is my believe that our police officers acted appropriately and it was necessary to preserve the safety of the residents of West Chester,” Stoker said.

Wilson said the settlement amount of $265,000 was paid by the Ohio Township Association Risk Management Authority following the township’s payment of a $4,000 deductible for the law enforcement liability coverage, which was approved by trustees on Jan. 22.

“The payment of the foregoing sum shall not be construed as an admission of liability, and is paid solely because the settlement amount is significantly less than anticipated future litigation expenses,” states the settlement agreement.

Regarding the settlement with Lewis, the township incurred an estimated $13,464 in legal fees from Frost Brown Todd that were charged to the police department, according to Wilson.

Lang said it was important for the township to “get the best deal for the taxpayers.”

“The insurance company just paid $265,000,” Lang said. “Our insurance rates will go up; ultimately the taxpayers of West Chester will be responsible for that.”

The Hamilton JournalNews requested the personnel files of the three officers involved in utilizing their batons in order to place Lewis into the custody of police. No mention of the incident involving Lewis is made throughout the personnel reports.

An internal investigation was conducted following the incident, that eventually cleared the officers of any potential wrongdoing.

“The counterforce Officers Gabbard, Farris and Lovell used against Mr. Lewis was objectively reasonable in light of the facts and circumstances confronting the officers at the moment the response to resistance occurred,” states a report completed by Sgt. Chris Whitton.

At the time of the bar fight, emergency dispatchers reported a 15-person fight had occurred at the bar, and a subject stated he was leaving to get a gun and would come back to shoot people, according to the investigation.

“Nothing good happens in the wee hours of the morning, especially at a bar when police have to be called in,” Wong said. “It’s a very tough job for police.”.

Wong said it was determined the police officers acted accordingly. The investigation details that Lewis “displayed pre-attack clues by posturing, clenching his fist, refusing to listen to commands, pulling away and he was agitated.”

“I asked Chief (Niehaus) to go through all the proceedings again,” Wong said. “Anytime something like this happens, it’s my expectations they will review procedures and an adjustment will be made for future responses.”

Lang said after going through the surveillance video with Chief Niehaus, “I don’t agree with the internal results. Frame by frame, I didn’t see what the police chief said was occurring.”