Three out of four officers involved in the 2017 in-custody death of Zachary Bearheels will be allowed to return to the Omaha Police Department following a months long arbitration process.
A Thursday afternoon joint statement from the Omaha Police Department and the Omaha Police Officers’ Association revealed the fates of officers Scotty Payne, Ryan McClarty, Jennifer Strudl, and Makayla Mead. All four responded to the scene of a disturbance at 60th and Center that involved Zachary Bearheels on June 5, 2017. The four officers were terminated from the Omaha Police Department as a result of the incident that lead to Bearheels' in-custody death.
After being fired from the department, each of the officers exercised their right to appeal their termination through arbitration as outlined in their Collective Bargaining Agreements. The arbitration process was delayed as a result of the criminal processes in which Scotty Payne was found not guilty and the criminal charges against Ryan McClarty were dismissed.
The arbitration hearing occurred over eight days in October 2019 before a panel of three arbitrators, who were selected through a process outlined in the CBA. After the hearing, transcripts and briefing was prepared and the matter was submitted for final consideration.
On Wednesday, April 22nd the former officers received a decision from the arbitrators, a 125 page decision with detailed evidence and arguments of the Police Department and the Officers' Association. Both the OPD and Police Officers’ Association say they're disappointed in some of the arbitrators' decisions, but that, "both parties are committed to accepting the decision and moving forward. Both parties support due process for our officers and the arbitration process."
The results of the arbitration are as follows:
- Scotty Payne – his termination was upheld.
- Ryan McClarty – his termination was reduced to a 20 day suspension with a last chance agreement for a period of one year. Any finding of a violation of the use of force policy within that year will result in his termination.
- Jennifer Strudl – Reinstated with full pay. She was determined to have a minor policy violation which did not result in discipline.
- Makayla Mead – Reinstated with full pay. She was determined to have a minor policy violation which did not result in discipline.
The officers who will return to service will go through refresher training at the Omaha Police Training Academy before they return to regular duties. The arbitration opinion or any of the underlying evidence or arguments from the arbitration hearing will not be publicly released.
Omaha Police Chief Todd Schmaderer says it's time to move forward from this incident. "Omaha police officers have a very difficult job and my focus is on keeping my officers safe in the Coronavirus environment while simultaneously protecting the city."