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Man with Down syndrome died in custody of policemen he idolized

Maryland authorities rule death a homicide and investigate

Robert Ethan Saylor

Associated Press

Robert Ethan Saylor died as a result of asphyxia, the chief medical examiner’s office in Baltimore said.

FREDERICK, Md. — Fascinated with law enforcement, Robert Ethan Saylor would sometimes call 911 just to ask the dispatchers a question. He loved talking to police officers and was a loyal follower of the TV show ‘‘NCIS.’’

Now, his death at age 26 is the subject of a criminal investigation that has left those who knew him in his Frederick County community and those who didn’t around the country wondering: How did a young man with Down syndrome die in an encounter with the very people he idolized?

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As officials tell it, Saylor had been watching ‘‘Zero Dark Thirty’’ at a Frederick, Md., movie theater last month and, as soon as it ended, wanted to watch it again. When he refused to leave, a theater employee called three off-duty Frederick County sheriff’s deputies who were working a second security job at the Westview Promenade shopping center and told them that Saylor needed to buy another ticket or be removed.

What happened next is the subject of an investigation by the Frederick County Bureau of Investigation. The findings are expected to go to the Frederick County State Attorney’s Office for review soon.

Corporal Jennifer Bailey, a spokeswoman for the sheriff’s office, said Saylor cursed at the deputies, who weren’t wearing uniforms, and hit and kicked them. The deputies restrained him using three sets of handcuffs linked together and escorted him from the theater. At some point, Saylor ended up on the ground and began showing signs of medical distress. A short while later, he was pronounced dead at a local hospital.

The chief medical examiner’s office in Baltimore ruled Saylor’s death a homicide as a result of asphyxia. Since then, the case has ignited the fears of parents of children with Down syndrome, caught the attention of advocacy groups, and left one family questioning how a young man who loved learning about criminal investigations could become the subject of one.

‘‘Ethan was developmentally disabled, not a criminal,’’ said Joseph Espo, a lawyer who spoke on behalf of Saylor’s parents, Patti and Ron Saylor. ‘‘He was entranced by police and police departments and liked communicating with them to the extent that, if there was ever a complaint, it was that he’d call so they could come to the house so he could talk to them.’’

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Saylor’s mother took cookies to the sheriff’s office at the end of last year to thank the deputies for all the unnecessary trips they made to the house, Espo said.

Espo said the family has not seen the autopsy report but believes that the incident was handled the wrong way from beginning to end. Saylor was in the theater with an aide, and his mother could have been called.

‘‘Clearly it highlights a need for training, if there was none, or more and better training if there was some,’’ Espo said.

Bailey said that deputies receive annual training on the use of force and that all sworn and civilian staff members got training in dealing with people with mental health issues from the Frederick County Health Department in 2011.

Since the homicide determination, Bailey said, the sheriff’s office has been receiving calls from concerned residents, including parents of children with Down syndrome, and Sheriff Charles Jenkins has talked to some residents personally. Jenkins grew up with Saylor’s father, Ron.

‘‘We want people to know we are very concerned about this case, and we’re taking it very seriously,’’ Bailey said. ‘‘This is a terrible loss for the Saylor family but also for the community and our agency as well.’’

The three deputies — Lieutenant Scott Jewell, Sergeant Rich Rochford, and Deputy First Class James Harris — were placed on paid administrative leave. Bailey said the deputies have exercised their right as law enforcement officers not to give statements to investigators.

Denny Weikert, president of the Frederick-based Family Resource, Information & Education Network for Down Syndrome, said his organization has not previously encountered problems with law enforcement agencies. Weikert said board members plan to meet and will issue a statement this week.

Julie B. Cevallos of the National Down Syndrome Society said, ‘‘This incident is of course scary and upsetting to our community,’’ adding: ‘‘With law enforcement, any misunderstandings are particularly risky, and we certainly hope that abuse is not tolerated.”

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