Arrested For Assault On Leo During The Aftermaths Of A Seizure

good morning folks ????.
Location: Ohio, court/police agency we’re dealing with is from Marysville.

My older brother got arrested last friday night over an alleged assault that happened in July of this year. He missed any type of notification of this happening due to an address change he did not report. Im sure that happens a lot, still his fault but, not my point here.

My brother is epileptic and has struggled with constant and sudden seizures for about 4 years now. I have been there a many of times when we had to call EMS, lift him while he’s limp and help EMS convince him to get into the ambulance while he’s confused before.

There is this phase he has after his seizure where, as best as i can describe, he is not his usual self. He’s not aggressive, but in a whole lot of pain. He will have trouble recognizing people he knows and, at his worst has been known to wander. But never has harmed anyone to my knowledge during this phase.

In July he had an unfortunate seizure happen inside of a Sheetz gas station while with two of his co-workers. The cops and EMS were called and the alleged assault happened as they attempted to restrain him. One of his co-workers took a video but it does not show the alleged assault happening. Only my brother calling out for help and attempting to move out of the grasp of the officer and two EMS workers who were actively holding him down.

In the video you can hear his co-workers trying to calm him down and repeatedly telling the officers he was having a seizure. The one officer did not reply or acknowledge them and proceeded to handcuff my brother and eventually struggle enough to put him in a chokehold, which only made him freak out more. Again, no assault can be seen on this phone recording. You can see my brother attempting to grab the officer’s wrist off his collarbone, but my brother was so out of it he wasn’t even looking at the men holding him down. It was clear it wasn’t registering to him what was happening. He repeatedly cried for help and looked to the people around him and pleaded with them. Before the chokehold there was even a moment where his coworkers told him our mother was coming for him and he went limp and complied.

The officer pressing charges on him says he head butted him and drew blood from his nose during the take down, which would be a Class 4 Felony. He is being charged with something that would ruin his life for an action that happened when he wasn’t fully conscious. In my understanding, the officer has to prove INTENT does he not?

He has had two seizures while detained and was put into solitary confinement due to the incidents. What legal grounds can we fight on here? He has a public defender we are meeting today. I would like to make a report against the officer and left a voicemail with the deputy on duty to give us a call back. We are under the understanding that we may still have to find a lawyer to help us, but any information i can use will be immensely appreciated. Thank you all in advance.