downbeat
Listen, it can’t be all upbeat all the time
So, I give you: Downbeat. Downbeat is your indicator that we’re about to drop the mood down — sometimes way down — into local politics. Content warning: mention of sexual assault.
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This story was originally published as part of Upbeat Nonsense Issue #1 and separately reposted December 9.
cleveland police
New allegations surface against controversial Cleveland police oversight official
More than ten years ago, high profile cases involving officer shootings of unarmed Black people1 forced Cleveland into the national spotlight for its bad policing. As a result, the city has remained under federal consent decree and is yet to reach even a halfway passing grade, according to a 2023 report.
In 2023, Cleveland Mayor Justin Bibb hired Marcus Perez to lead the Office of Professional Standards, an office that investigates civilian complaints against police. Within months, staff filed complaints and multiple resigned. The city eventually cleared Perez of most of the charges, but required executive coaching, which he did.
In March, Perez delivered his cryptic resignation. He moved to Iowa, where he rejoined the Pentagon as a contractor, according to his LinkedIn. The position remains vacant today.
On Monday, Tremont resident Kayla Pincus took the mic in front of Cleveland City Council to accuse Perez of rape. She said that despite reporting the incident in 2024, the Cuyahoga County Prosecutor’s Office decided not to move the case forward in August of this year.
Waiting for justice
“I filed a police report saying that I was raped by Marcus Perez, the [former] administrator of the Office of Professional Standards,” Pincus told a room of city council and community members.
She also said that a two-hour explainer video about her experience reporting the case to the police would be available on YouTube. (Warning: The “overview” contains descriptions of sexual assault.)
Her recorded — and detailed — accusation also includes screenshots of text messages, police reports and an interview with Perez alongside his attorney, Kevin Spellacy.
Pincus asserted that the Cuyahoga County Prosecutor’s Office declined to even present her case to a grand jury, questioning the prosecutor’s explanation that they could not effectively argue the case over the very low “probable cause” standard for securing an indictment.
The Cuyahoga County Prosecutor’s Office provided the following statement:
“After reviewing all of the evidence, including the victim’s complaint, which was filed eight months after the alleged assault, it was determined that the element of force required by Ohio law could not be proven. Therefore, the Cuyahoga County Prosecutor's Office could not present the matter to the grand jury and declined to prosecute,” Lexi Bauer, an office spokesperson, wrote in an email on Dec. 4.
This year is Cleveland’s 11th year under the consent decree.
Upbeat Nonsense reached out to the City of Cleveland, Pincus and Perez for comment. The web version of this story will be updated with any new information.
(Note: This story was updated on Dec. 5 to include a statement from the Cuyahoga County Prosecutor’s Office.)
1 The case that sparked the investigation is referred to as “137 shots,” though the tragic killing of 12-year-old Tamir Rice also happened around the time.