Officer cleared, man indicted in Ashland police-involved shooting

ASHLAND — The Ashland Police officer who shot a man in March has been cleared of wrongdoing in the incident, Ashland County Prosecutor Chris Tunnell announced Wednesday in a joint press conference with Ashland Police Dave Marcelli. 

Meanwhile, Tunnell said, the man who was shot by the officer was indicted by a grand jury Wednesday morning on charges of felonious assault and domestic violence.  

After reviewing investigatory reports from the Ohio Bureau of Criminal Investigation and the Ashland Police Department, Tunnell concluded that officer Lee Eggeman’s use of force during the March 16 incident was reasonable. 

“Officer Eggeman has not committed any chargeable violations of Ohio law and is not subject to any further scrutiny regarding this incident by my office,” Tunnell said.

According to Tunnell, reports indicate Dye was assaulting his mother, Angela Mackey, with a straight-edged razor on the porch of their residence at 617 Sandusky St. when Eggeman and another officer, Leah Zeisler, arrived at the house. 

Mackey suffered abrasions, bruising to the neck and arms, and a laceration that required approximately 10 sutures when she was treated  at University Hospitals Samaritan Medical Center, the prosecutor said.

The officers were dispatched to the home in response to a report of a suspect threatening people with a knife. When the officers arrived, Tunnell said, Dye turned his attention from his mother to them. 

“At that time, Mr. Dye is alleged to have turned on officer Eggeman and advanced, brandishing a straight razor, yelling expletives at the officers,” Tunnell said. “Both officers retreated from the porch into the yard. Despite verbal commands issued by the officers for Dye to stop and drop his weapon, he rapidly advanced on officer Eggeman.”

Tunnell said Eggeman’s belief that Dye was assaulting Mackey, coupled with Dye’s actions towards the officers, caused Eggeman to fear for his own safety and that of his fellow officer. 

“Officer Eggeman then fired a single round, striking Dye in the chest,” Tunnell said. “Officer Zeisler, with the assistance of other officers, immediately rendered first aid to Mr. Dye.”

Marcelli said an acting sergeant contacted him about the incident minutes after it happened.

“I instructed him to have BCI respond to be an independent, third-party investigator into the shooting,” Marcelli said. “BCI responded with three detectives and a crime scene unit within, I think, an hour.”

Marcelli said he has reviewed the BCI report and feels confident Eggeman acted within the bounds of the department’s policy as well as Ohio law. 

“Our next step in our administrative process would be to conduct an internal inquiry, which probably will not amount to any more than an analysis of the report as we received it,” Marcelli said. “There’s no point in us retreading over the same information.”

Eggeman has been on paid leave since the incident, but likely will be returned to full duty by the end of the day Wednesday, Marcelli said. 

Zeisler was also placed on paid leave but was brought back to full duty about two weeks ago, once BCI concluded its investigation. She did not discharge her weapon or use force in any way.  

“I think the officers should be commended for their restraint in this case, firing only one shot,” Marcelli said. “That one shot resulted in the person stopping his aggressive actions.

“I think officer Zeisler should also be commended. She undoubtedly saved that man’s life that night.”

Once the situation was safe, Marcelli said, Zeisler immediately put pressure on Dye’s wound in an effort to stop the bleeding. Marcelli said Zeisler was covered in Dye’s blood when the chief arrived to the scene. 

Tunnell said physical evidence gathered at the scene, including the straight-edged razor Dye is alleged to have brandished, was consistent with witness statements describing what occurred. Witnesses included the officers, family members involved in the incident and other people who were in the area at the time. 

The grand jury on Wednesday issued a three-count indictment charging Dye with two counts of felonious assault and one count of domestic violence.

One of the assault charges, which alleges Dye caused physical harm to his mother with a deadly weapon, is a second-degree felony punishable by up to 2 to 8 years in prison. The other felonious assault charge alleges Dye attempted to cause physical harm to a peace officer by means of a deadly weapon. That is a first-degree felony, punishable by a 3-to-11-year prison term. 

The domestic violence charge is a first-degree misdemeanor, punishable by up to 180 days in jail.

Dye is being represented by Ashland attorney Joe Kearns in the pending case. 

“Chief Marcelli and I are unable to elaborate on the facts, given the fact that this is now a pending criminal case,” Tunnell said. “At the conclusion of this criminal case against Mr. Dye, I will be issuing a formal, written opinion letter regarding this use-of-force incident. Nothing further will be issued at that time.”

Prior to the March incident, Ashland Police Department had not had an officer-involved shooting since 1979, according to Marcelli.