By Jen Balduf
Dayton Daily News, Ohio
DAYTON — Dayton police expressed disappointment in last week’s sentence for a man shot and wounded by police in May after he charged at an officer with a samurai-style sword while naked.
David C. Showalter, 34, was sentenced Friday by Montgomery County Common Pleas Judge Angelina Jackson to 60 days house arrest and up to five years probation after he pleaded guilty Jan. 26 to a felony assault charge.
As part of Showalter’s plea agreement, felonious assault (of a police officer) and obstructing official business, also a felony, were dismissed.
“I have the utmost respect for Judge Jackson and our criminal justice system, but it is disappointing from both the community level and law enforcement level,” Maj. Brian Johns of the Dayton Police Department said regarding Showalter’s sentence in an officer-involved shooting case. “In my personal opinion, the impact on the community and the officers, probation just wasn’t enough.”
Showalter’s attorney, Bryan Penick of Sebaly Shillito + Dyer, said incarceration is not the answer in this case because his client was suffering from a mental health crisis.
“We understand the police perspective. We also understand the community concern. But what is also a concern is how to properly and responsibly address the rising mental health crisis not only in Mr. Showalter’s case, but across the nation,” he said.
Officers were dispatched shortly after 5 p.m. May 24 to the 1600 block of Suman Avenue off South Smithville Road after multiple callers reported a naked man outside with a large sword. Residents, including children, were outside at the time, police said.
Officers Joshua Blankley and John Griffin arrived within three minutes after they were dispatched and encountered the man later identified as Showalter. They gave him numerous commands to drop the weapon but he raised the sword in an attempt to strike an officer when they shot and wounded him, according to police and court documents.
“When we arrived on the scene Mr. Showalter walked down from where he was standing in his yard and charged at us at a full sprint armed with a deadly weapon. … I believe Mr. Showalter had full intentions of using the weapon,” Griffin wrote in a letter to the judge asking her to impose the maximum sentence.
The officer said it was fortunate that he and Blankley arrived before a community member potentially suffered serious or life-threatening injuries.
“Unfortunately, Mr. Showalter’s actions forced us to do something which no officer should ever be forced to do: fire their weapons in the line of duty. This traumatic event has forever changed my life,” he wrote.
Showalter was shot multiple times in the legs and was treated at a local hospital.
He faced up to 1 1/2 years in prison for the felony assault charge to which he pleaded guilty.
According to a sentencing memorandum seeking a prison term, Showalter was on probation at the time of the officer-involved shooting and was involved in a prior public crime in 2017 — he pleaded guilty after was granted intervention in lieu of conviction after he jumped the fence at a Dayton Power & Light facility (now AES Ohio), pulled circuit breakers, caused a large outage in Montgomery County and more than $11,000 in damage — that demonstrates a pattern and that he is likely to commit future crimes.
“There is little doubt that he will continue his long-term use of drugs without regard for others affected by his actions. Though on May 24, 2023, (and in 2017) defendant had a mental health diagnosis and prescribed medications, he chose to not follow a medical course, but to follow a self-medicated, illegal drug course, which led to the events that put himself and others in danger, and put him in front of this court. Other crimes will surely follow,” the document stated.
Although Showalter ingested marijuana, Penick said the events were not the result of pot or any other drug.
“What was clear is that he was in the midst of a severe mental health crisis. His crisis was so severe that it led to him wanting to end his life. His crisis so overwhelmed him that he wanted the police to kill him. That is why he did what he did. And, they did shoot him, three times,” Penick said. “Thankfully for everyone involved, Mr. Showalter was not killed during this incident. The police immediately rendered him aid and got him to a hospital where he was treated for his gunshot wounds.”
Penick said that had Showalter been sentenced to prison, it may lead family members of people suffering from mental illness to not seek help from authorities or hesitate to so do for fear their loved one may end up incarcerated.
For people that are contemplating suicide and who make the right decision to reach out for help, we do not want to send a message that this is something we may send people to prison for,” Penick said. “Incarceration is not the answer. Professional treatment and support is.”
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