EP Police Chief: Was “the opposite” of trying to stop media member from doing job
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EAST PALESTINE -- A reporter from NewsNation became part of the East Palestine train derailment story during Wednesday night's press briefing after his arrest for criminal trespass and resisting arrest.
Evan David Lambert-McMichael, 34, Washington, D.C., who goes by Evan Lambert on air, left the East Palestine elementary school gym in handcuffs after an incident occurred as Gov. Mike DeWine started talking and introduced East Palestine Fire Chief Keith Drabick to let residents know they could go home.
Lambert-McMichael was taken to the Columbiana County Jail and later posted a $750 bond to be released. An arraignment is set for 8:30 a.m. Feb. 23 in Columbiana County Municipal Court.
Columbiana County Prosecutor Vito Abruzzino said "we're in fact-gathering mode right now. We'll review everything before making any decision as to the status of the case."
He said he had not been contacted by the governor or governor's office or the National Guard.
When asked about the arrest, East Palestine Police Chief Jim Brown said he wasn't there, but just looking at the facts he was presented, what Lambert-McMichael was doing "was very disruptive to the safety plan information trying to be put out to you folks. There was some de-escalation attempted by the highway patrol and Det. Dan Haueter to no avail."
When asked if the arrest was an attempt to stop a member of the media from doing his job, Brown said it "was the opposite. They wanted all of you to get the information you needed without distraction or interruption."
Haueter said the issue wasn't about the reporter's live reporting.
"Was it loud? Yes. Was it disturbing? Yes. Was there critical information going out at a press conference that they needed to hear? Yes. We responded to what had become a physical altercation," Haueter said, adding if the reporter had just walked out the door as asked, nobody would be talking about this.
"This has nothing to do with him or silencing the press," Brown said.
The affidavit filed by Haueter, who was the arresting officer, said that Lambert-McMichael was reporting live from the rear of the gym while the press conference was going on at the front of the gym. Haueter said in the affidavit that Lambert-McMichael's live reporting was loud, and two State Highway Patrol troopers and Ohio National Guard Major Gen. John Harris advised him to stop his live reporting.
"An argument then ensued between the general and the defendant, which was disrupting the press conference. (Haueter) states that the general advised officers that the defendant was coming at him and pushed him away," the affidavit said.
Then Haueter, Columbiana County Sheriff Brian McLaughlin, Chief Deputy Jen Tucker and Lt. Caleb Wycoff went back and told Lambert-McMichael he needed to leave the gym.
He said he wasn't leaving and was told by all three officers to leave. He was asked by an OSHP trooper and Haueter to step outside and talk, but he still refused, then the school building superintendent/transport supervisor came over and asked him to leave, but he still refused.
A press release issued by Brown on Thursday also described in detail what happened and noted that the troopers and the general advised Lambert-McMichael to stop the live reporting "in an effort to ensure that all members of the media were getting the necessary safety information."
The press release said the police department and sheriff's office only responded to that area of the gym because the situation had escalated.
"With all reasonable means to de-escalate exhausted, Det. Haueter and Chief Deputy Tucker attempted to escort Lambert-McMichael from the building so the press conference and safety plan announcement could continue without delay.
After he was advised he was being arrested and while being escorted out, he allegedly "attempted to pull away, and was then placed under arrest for criminal trespassing at which time he resisted arrest. During the struggle, Lambert-McMichael was taken to the ground by Det. Haueter and Chief Deputy Tucker in an effort to maintain control of Lambert-McMichael while preventing injury to the involved parties. While on the ground, Lambert-McMichael was not listening to the officers and attempting to get up. Lambert-McMichael eventually complied with the officers, stopped resisting arrest and was transported to the county jail by the county sheriff's office," the press release said.
East Palestine Mayor Trent Conaway, who was at the front of the gym behind the governor, said by phone that he didn't see what was going on, but described the situation as a commotion. He wasn't saying whether it was right or wrong regarding what happened with the reporter.
"The way he was conducting himself was making it hard for any of us or the public in my opinion to hear what Chief Drabick was trying to get across," Conaway said.
During the press conference, the governor was asked if he was aware of what had happened. He said he heard some commotion back there, but didn't know the facts. He said a reporter should be able to report live and said "they have every right to do that."
He said he didn't know what happened but added "if someone was stopped from doing that, that was wrong."
He does press conferences all the time and said it's not unusual for a live report to be happening in the background.
The general released a statement to local law enforcement about the situation, saying, "During Gov. DeWine's press conference on Feb. 8, 2023, I heard very loud voices coming from the back of the gymnasium. Since most of the people in my immediate area were involved in the press conference as Public Information Officers or Subject Matters Experts, I decided I was the best person to notify the source of the disruption that the press conference had begun.
Upon reaching the back of the gym, I saw a cameraman and reporter making what I assumed was a recorded message. Upon telling the reporter that the press conference had begun and that they were disrupting it, they appeared to become agitated and informed me that they were broadcasting live. After stepping out of the shot and appealing to them to be quiet down, I waited for them to finish their work. As I began to offer the assistance of my PIO team to find a more suitable location, the cameraman demanded, HEY, COME OVER HERE!
Confused, I told him I would not come over there. I went back to conversing with the reporter who grew more agitated. He then became enraged. His eyes opened wide, he stared at me while very aggressively lurching at me. He screamed YOU GUYS ARE THE ONES WHO STRUNG THIS THING OUT! (I assumed he was referring to the 2-hour delay for the press conference).
He is a much larger person than I am. At that point I was convinced he was prepared to do harm to me. I instinctively put my hands on his chest to keep him from bumping into me, which I felt was inevitable if I had not protected myself. I immediately removed my hands when there was space between us - we were in contact for less than a second.
At that time he immediately began yelling statements such as: ASSAULT! DID YOU SEE THAT, HE ASSAULTED ME! That was witnessed by several law enforcement officers. The officers attempted to persuade him to stop being disruptive. Now convinced that I was involved in a contrived event, I removed myself from the immediate area and walked back to the press conference. As I walked away I heard his voice continue to get louder and more hostile and the commotion at the rear of the gym continued. At the point I was no longer in a position to see what was happening."
mgreier@mojonews.com