When a man pointing a Glock pistol approached Gregory Love’s car in downtown Cleveland late one night, Love did the only sensible thing possible, he says: he put up his hands and decided to let the man have what he wanted.
But Vincent Montague shot him in the chest anyway, according to Love, before having the 29-year-old forcibly removed from his silver Range Rover and his hands fastened together behind his back.
Blood from the bullet wound seeped through Love’s white T-shirt. He grew colder, despite the warm June air. “I actually thought I was going to die,” Love told the Guardian. “I felt faint. I saw blood coming from my chest. I thought he was just going to kill me right there.”
Eighteen months later, Love recalls his alleged assailant clearly: he was wearing the uniform of the Cleveland Division of Police. The only person prosecuted following the altercation was Love, who was fined $100 for a traffic violation. Montague was suspended from work for a day.
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Love, mentioned in the report under the pseudonym “Nathan”, was stopped by Montague, a five-year veteran, on 23 June last year in Cleveland’s bustling warehouse district. Love tried to turn on to a street that he said he did not realise was closed because several other cars had just turned on to it. Love said he did not know they had special valet tags and Montague refused to answer when asked why Love, too, could not proceed.
Cleveland’s police and city legal department declined to comment on the case. But in a response to the lawsuit filed to court in March, Montague said Love responded in a “belligerent, aggressive, and verbally threatening manner”. He also claimed he had noticed Love and his passenger, Dunja Biggins, speeding around earlier in the night, and that Biggins was standing through an open sunroof “generally creating a disturbance”.
Footage from a traffic camera shows Love slowly reversing his SUV back out, but then seeming to become blocked by a crowd crossing the street, which was busy as bars emptied following a Mary J Blige concert. Montague, who claimed in his response that Love was reversing in an “excessively fast and out-of-control manner”, approached the vehicle and drew his gun. The March filing said the officer acted because he concluded Love was drunk. Love’s lawyers said he was never tested and this was the first time the allegation had been made.
The lawsuit states that Love and Biggins “had their hands raised above their heads” and avoided “sudden or furtive gestures or movements”, yet Montague pointed his gun and threatened them before leaning into the driver’s window to take the keys from the ignition. Montague insists that Love’s hands were not up and that his right hand remained at his waist. A Vine video filmed by an onlooker appears to show Love raising at least one hand.
Love said he tried to explain to the officer that the ignition was on a central console rather than the steering column. “After failing to locate the keys with his hand,” the lawsuit claims, “Montague took a few steps back, pointed the muzzle of the service weapon at Greg Love and Dunja Biggins, and opened fire into the cabin of the SUV”.
Montague, by contrast, says that he “instinctively pulled back” and opened fire because as he leant in for the keys, he felt Love “reach his right hand for [Montague’s] service weapon”.
Nicholas DiCello, an attorney for Spangenberg Shibley & Liber, representing Love, said they had seen no evidence that Love reached for the weapon, and suggested that his client would have been charged with a more serious crime if he had done so. Love has past convictions for a drug offence and theft.
“Oh my God, you shot him,” Biggins screamed. The bullet entered Love’s chest above his right nipple, exited his body and then lodged in one of his arms. “You just shot me!,” Love says he shouted. “I wasn’t doing nothing!”
He said Montague seemed “totally irate” and called for backup. Another officer arrived and handcuffed Love, who said he was made to stand beside the vehicle, bleeding. “I was so confused,” he recalled. “I just got shot – why am I in cuffs?”
Vason alleges that after he approached the scene, an officer punched him on the head, which appears to be supported by the surveillance footage. The officer, alleged to be Octavio Gaviria-Sanchez, is then seen pinning Vason on the street with several colleagues. The lawsuit alleges the officers kicked and struck Vason before handcuffing him and driving him away from the scene, then dumping him nearby without any charge.
In a response filed to court with two other officers, Gaviria-Sanchez said: “Vason was subject to a brief and justified detention for officer safety and safety of others due to Vason’s aggressive and unlawful actions.” The officers denied punching, kicking or striking Vason.