Marion police releases body cam of Thomas Cimini arrest after he reported a use of force complaint
By: On the 8th day of April 2023 Thomas Cimini was charged with Failure to disclose personal information, a violation of Ohio Revised Code section 2921.29. Prior to his arrest, a Marion Police Department Officer observed Cimini and an associate leave a liquor establishment on S. Main Street. The Officer observed the two subjects walk up to a vehicle parked on the street, observed them potentially tampering with the vehicle, and then walk South on S. Main St.
After making contact with Cimini and his associate, based on her training and experience, the officer determined the individuals were intoxicated based on physical clues they exhibited in her presence.
The Officer continued to investigate as to the vehicle and the subjects appearing to have violated Ohio Revised Code section 2911.17 (B): No person, while voluntarily intoxicated, shall do either of the following: (1) In a public place or in the presence of two or more persons, engage in conduct likely to be offensive or to cause inconvenience, annoce, or alarm to persons of ordinary sensibilities, which conduct the offender, if the offender were not intoxicated, should know is likely to have that effect on others; (2) Engage in conduct or create a condition that presents a risk of physical harm to the offender or another, or to the property of another.
Subsequent to the officer’s contact with the subjects and based on her suspicion of public intoxication and suspicious activity involving the car of a third party, she requested that the two individuals identify themselves as is standard protocol in such interactions. Cimini’s associate complied and provided his personal information.
Cimini refused to comply with Ohio Revised Code section 2921.29 Failure to Disclose Personal Information (A) No person who is in a public place shall refuse to disclose the person's name, address, or date of birth, when requested by a law enforcement officer who reasonably suspects …: (1) The person is committing, has committed, or is about to commit a criminal offense. (B) Whoever violates this section is guilty of failure to disclose one's personal information, a misdemeanor of the fourth degree. (C) Nothing in this section requires a person to answer any questions beyond that person's name, address, or date of birth.
Nothing in this section authorizes a law enforcement officer to arrest a person for not providing any information beyond that person's name, address, or date of birth.
Cimini was advised of the crime for which he was being investigated (DOC Intox), the officer cited the law in which he is required to identify himself, and he was provided with multiple opportunities to comply. Ultimately, he was arrested for Failure to Disclose personal information (and advised of such at the time of arrest).
He was also charged with DOC Intoxication when booked into the jail. Cimini’s associate, who was cooperative and complied with officers by providing his personal information when required, was provided a ride home by a third party who was willing and able to safely transport the subject to his residence.
Cimini was transported to the Marion-Hardin Multi-County Corrections Center. There was NO USE OF FORCE of any kind involving MPD Officers and Thomas Cimini.
Some time later, the Marion Police Department was called to the Marion-Hardin Multi-County Corrections Center by staff, reporting that Cimini assaulted two (2) Corrections Officers. Marion PD Officers were not present at the MCCC at the time of the assault incident.
At the conclusion of the MPD Officer’s investigation, additional charges were forwarded to the Marion County Prosecutor’s Office against Cimini for Felony Assault against the Corrections Officers. That case is still pending review by the Marion County Prosecutor’s Office.