Cincinnati police investigators said an officer who deployed a Taser to stop an 11-year-old girl from shoplifting violated the department's use of force policy, but also found problems with his telling the girl: "You know, sweetheart, this is why there’s no grocery stores in the black community.”

The comment was caught on Officer Kevin Brown's body camera and is the second time the officer is accused of making inappropriate comments while doing his job. Two years ago he was written up for using a homophobic slur in reference to an alleged domestic violence victim, though the woman did not hear him.

Councilman Wendell Young, a former police officer, said “I just don’t know if you have room on the police department for people like this. This guy, from what I am hearing, has serious issues. He apparently polices the way he feels.”

Young said he’s not cavalier about anyone’s employment, but said “there comes a time you have to cut your losses.”

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“If it’s true he tased the little girl, if it’s true that he said what he’s reported to say, if it’s also true that not terribly long ago he made derogatory comments about the gay community, he’s building a case that makes it difficult for us to continue with him as a member of the police department.”

Brown's punishment is up to Police Chief Eliot Isaac, who make a determination after an internal departmental hearing. Punishment could range from counseling to termination, and Brown would have a chance to appeal any decision.

Cincinnati police released a use of force report related to the Aug. 6 incident involving Brown, 55, who was working a theft prevention detail at the Spring Grove Kroger. Body camera footage was included in the release and shows the girl, who is African-American scared and crying as Taser barbs are taken from her back.

Brown, also African-American, violated four policies according to the report:

The comment constituted prejudice.

He did not turn on his body camera until after he deployed his Taser.

He did not warn the girl he was going to use his Taser. He told her to stop three times as she was exiting the store, but did not warn that he was going to escalate his use of force.

The incident wasn't serious enough to deploy a Taser. Police investigators said officers should use the least amount of force necessary when dealing with juveniles.

Isaac told reporters Tuesday using a taser was "unnecessary in this circumstance."

Brown in his interview with police, according to the report, defended his statement regarding grocery stores. He believed the statement was supported by statistics and was not biased.

Brown was placed on restricted duties following the incident.

Cincinnati Police Union President Dan Hils also defended Brown's statement.

"I think the officer was trying to express to this juvenile suspect that there are consequences, not only to herself, but to others when you don’t respect the property rights of another," Hils said.

Hils said there was a "certain element of truth" that grocery stores struggle where there are high incidences of theft. He said there's been a rush to judgment against Brown.

"How can we trust in a fair judgment of this officer’s actions when so many in high public positions condemned his actions before they knew all the facts?" Hils asked. "They should address the fact he did not turn on his camera in time, but other than that, the agency should consider policy and procedure changes."

Hils said Brown's job was to prevent theft and that was what he was trying to do.

A department hearing is pending regarding discipline for Brown, out of which will come a recommendation to the chief. Brown's failure to turn on his body camera is considered neglect of duty, the other violations are considered failures of good behavior.

The Cincinnati Police Department's manual of rules and regulations recommends an assistance program, oral reprimand or training for two of the Brown's violations.

Since Brown has a prior, similar violation for expressing prejudice, the manual recommends hearing officers consider a one- to five-day suspension. For using more force than is necessary, the manual recommends a seven- to 11-day suspension.

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The incident infuriated city officials, who expressed concern about the incident from the start.

On Aug. 6, Brown was working an off-duty detail at a Kroger in Spring Grove Village when a Kroger employee told him three girls were shoplifting.

Brown saw the 11-year-old girl try and leave through a locked entrance and when that didn't work she loitered around the customer service desk, before she headed toward the exit.

He approached her, telling her to stop and show him a receipt. She ignored him and he asked two more times as she left the store, the report said.

Brown fired his Taser at her striking her in the back, from approximately 10-feet away, hitting her just below the waist, according to the report.

"(She) sustained a small abrasion to her right forearm, consistent with striking the ground after falling from the taser deployment," the report said.

He walked her back into the store, making the comment about thefts in black neighborhoods.

As he took the girl to the Kroger manager's office, he said, "I didn't want to do this, but y'all knew what you were doing. Sweetheart, the last thing I want to do is tase you like that. When I say stop, you stop. You know you're caught. Just stop. That hurt my heart to do that to you."

The girl can be seen on the body camera footage asking Brown if the Taser barbs were still embedded in her skin.

"It's in my body?" she asked. "They in my body?"

He explained, that yes, they were in her skin, but he's not supposed to take them out.

She was scared and crying at times as an all-male team of EMTs urge her to remain calm.

The fire department removed the barbs and she was taken to Cincinnati Children's Hospital Medical Center.

The report, for the first time revealed, in the girl's drawstring backpack, Brown found clothing, food and drinks worth $53.81. The backpack was stolen, along with candy, beef jerky and baby clothes.

The girl later explained it was her friend who took the infant clothing, for her baby brother.

The girl was charged with theft and obstructing official business, but Hamilton County Prosecutor Joe Deters dropped the charges saying police are supposed to confer with his office on charges related to children and that did not happen.

Issac updated Cincinnati City Council's Law and Public Safety Committee Tuesday morning, saying the department was doing a review of the use of force policy related to taser use.

”We’ll take a close look as it relates to juveniles specifically… what’s being done out there nationally,” Isaac said.

He added that often times it is difficult to determine the age of a suspect and some Taser policies focus on size and stature.

“Unfortunately there are times when children can act out violently, they are using a weapon," Isaac said. "In those times we may be forced to use some type of force. Those are rare and extreme cases.”

However, Isaac generally stood by the department's broader use of force policy.

“It was the judgment of the officer, not the policy itself," he said. "I do believe our policy is current. There are some areas we can tweak. We do have a solid policy around our use of force.”

The policy allows, in certain situations, officers to deploy a Taser on children as young as second grade. Specifically, it says they can be used on anyone age 7 to age 70.

Vice Mayor Christopher Smitherman thinks the age should be raised. “It concerned me,” Smitherman said.

Iris Roley is the program director of the Black United Front and a veteran of efforts to improve Cincinnati police relations with the black community.

“If this officer thinks little kids stealing food is the reason for not having grocery stores in the black community, he should be out working in the woods,” she said. “That Kroger is surrounded by black communities and black people, and he is there to provide reasonable security, not to be causing this kind of mayhem. I don’t believe they should tase a child of any age unless there is a clear danger. National studies show the damage that this does to children.”

Ozie Davis III, a member of the Cincinnati Public Schools Board of Education, worked as executive director of the Avondale Development Corp. to get a grocery store to move into Avondale. The new Avondale Town Center is being built with a grocery store space but no committed tenant.

“Why, because of theft?” Davis said. “So theft only occurs in black communities? So did he feel his Taser was the judicial system or that by tasing this little girl he was, in some way, saving the grocery store location?”