A web report posted today by Ed Gallek of Fox 8 includes an inaccurate characterization of RTA’s response to Fox 8’s request for a video and police report related to a bus assault incident on June 7. Mr. Gallek said RTA “refused” to release the video and police report. In fact, RTA is prohibited from releasing records during this investigation due to state law.
The following is RTA’s verbatim response to Mr. Gallek:
We received your request. You will be provided those records as soon as they become available for public release.
The requested records are "Confidential Law Enforcement Investigatory Records" under ORC Section 149.43(A)(1)(h) and (A)(2).
That specific provision allows a public office to withhold any records that disclose: “the identity of an uncharged suspect, identity of a source or witness...., information that would endanger the life or physical safety of law enforcement personnel, a crime victim, a witness, or a confidential information source.”
Therefore, while this matter is part of an active investigation, any police reports or video of the incident are currently exempt from release.
Again, we’ll provide you with everything you’ve requested and with an update as soon as possible.
Thanks for your patience.
Original statement released to media June 7, 2019
RTA Investigating Friday Assault
Cleveland, OH -- The Greater Cleveland Regional Transit Authority issued the following statement regarding an assault that occurred 3:30 p.m., Friday, June 7 on the No. 94 bus at Shaker and Green Road:
"RTA is investigating a disturbing incident that occurred on one of our buses Friday. The bus driver was immediately crisis suspended after what appeared to be an assault. This is an active investigation, and we will take complete and appropriate action as details become clear. Video of the incident will be made available once our investigation is complete."
Linda Scardilli Krecic