Lawyers blame Whitehall officer for death of man with disabilities after misunderstanding

WHITEHALL, Ohio (WCMH) -- A Whitehall man with disabilities died after an interaction with a Whitehall police officer, and now his estate is suing the city.

On Jan. 19, Alexander Menhenett was attempting to purchase a heater at the Whitehall Walmart on East Main Street. According to a lawsuit on behalf of Menhenett's family, a misunderstanding due to multiple disabilities led to a violent arrest that left Menhenett hospitalized and, just days later, dead from his injuries.

Seven months later, there are no criminal charges against the officer involved, but Menhenett's family is taking action. On Oct. 1, his estate sued the city of Whitehall and Auxiliary Officer Kyle Schneider. The defendants are being sued on four counts:

• False arrest
• Excessive force
• Municipal liability
• Assault and battery

According to the complaint, Menhenett, 43, faced several traumatic brain injuries before January's encounter, including a severe car crash in 2001 that also left him deaf in both ears. He eventually received a cochlear implant in his left ear, but still had difficulty in noisy spaces and with lip reading, the complaint said.

Court documents said Menhenett also slurred his words and walked differently due to the injuries. The complaint said he also used alcohol as a coping mechanism, which led to alcoholism. He tried to quit several times, leading to withdrawal-induced seizures that contributed to his injuries.

On the evening of the encounter, the complaint alleged Menhenett was attempting to use self-checkout, and did not understand or could not hear when employees told him he could not check out, as others were doing near him.

According to the complaint, a Walmart employee called over backup, including Schneider, who was stationed at the Walmart. Auxiliary officers like Schneider, 54, are volunteer positions, but are still under the jurisdiction of Whitehall police. However, the complaint alleged Schneider was also working as an employee of Walmart and Off Duty Services, both of which are listed as defendants alongside him.

The complaint then alleged Menhenett did not hear the officer fully, who then accused him of slurring his words and swaying like he was publicly intoxicated. The complaint acknowledged Menhenett may have been drunk given his alcoholism, but alleged video of the scene showed Menhenett cooperating peacefully with Schneider, who allegedly did not listen to Menhenett's attempt to explain his injuries.

The complaint alleged Schneider grabbed Menhenett, who pulled away before the officer said he was under arrest. According to the lawsuit, Menhenett did not resist arrest until he was handcuffed in an unusual, allegedly painful position he tried to remove his arm from. Upon this happening, the complaint alleged the officer swept Menhenett's legs and took him down.

According to the lawsuit, the officer had both of Menhenett's arms secured when Schneider took him down, limiting him from protecting his head, which hit the ground and knocked him unconscious. Attorneys wrote in the complaint that a "large amount of blood" formed from Menhennett's head, and he was soon taken to a nearby hospital.

Attorneys added Menhenett died from his injuries on Jan. 24, while the autopsy report said he died on Jan. 22. Both assert his manner of death as homicide. According to the autopsy report, he died of blunt force trauma with skeletal and brain injuries. The report names the homicide's investigating agency as Whitehall police, who have not filed any charges against Schneider or anyone else.

The complaint alleged Schneider had a history of disciplinary issues, including responding to calls he heard on police radios outside of his jurisdiction or without being asked. The complaint said the officer formerly worked for the Sharon Township Police Department before he resigned, after the department began a misconduct investigation and warned he would likely be dismissed.

According to the complaint, Whitehall police were aware of these concerns and noted a "disregard for training, poor decision making and a lack of competence" when discussing the officer. Despite attorneys writing that Whitehall police asserted he should no longer work alone, Schneider was by himself for special duty when he encountered Menhenett.

NBC4 has contacted both the mayor of Whitehall and the Whitehall Division of Police, but neither have responded as of 5:30 p.m. on Friday. Simultaneously, Schneider remained listed as a patrol officer on the city website.

NBC4 has also filed public records requests for body camera footage and the officer's personnel files, but the division has not acknowledged either.