NAACP: Man loses businesses after ‘walking while Black’ arrest in Miamisburg golf community

A Miamisburg man stopped while walking in his golf course community said he was wrongfully arrested, which cost him his business and led to surgery.

The Dayton Branch NAACP held a press conference Thursday, April 2, regarding allegations the civil rights of Darryl Kinney Sr. were violated the night of July 13, 2025, by the Miamisburg Police Department.

“I was falsely charged for simply walking on my own street, a place that’s supposed to represent safety, comfort and belonging, turned into a place of fear and injustice,” Kinney said. “And the moment I wasn’t seen as a neighbor, a citizen or a human being, I was treated like a suspect without cause. This isn’t just about me; it’s about a system that sometimes gets it wrong.”

The case against Kinney, 60, who was charged with disorderly conduct, intoxication and obstructing official business, was dismissed Jan. 23 in Miamisburg Municipal Court with prejudice, meaning it cannot be refiled, court records show.

“I don’t drink alcohol. I was a week and a half out of back surgery and I’m still confused,” Kinney said.

The city of Miamisburg released a statement saying it became aware of a civil rights allegation involving the police department following the NAACP press conference.

“The city has procedures to ensure all allegations are reviewed in a fair, thorough and impartial manner. We take these matters seriously and are committed to serving all individuals with respect, regardless of race, age, religion or background. We value transparency in our interactions with the public and strive to approach every situation with professionalism and respect. At this time, we are actively gathering all relevant information to conduct a comprehensive review,” the statement reads.

“The city supports the dedicated men and women of the Miamisburg Police Department and is proud of the work they do each day to serve and protect our community. We remain confident in their commitment to carrying out their duties with integrity and professionalism.”

Kinney returned home with his terminally ill son about 10:25 p.m. in July 2025 and decided to go for a walk to stretch because of his recent back surgery, said Derrick Foward, president of the Dayton branch NAACP.

During the walk in the PipeStone Golf Club community, he recalled seeing a car go by twice before its driver went inside a house and made a report alleging possible criminal damaging.

“As he’s walking down the street from his own house he ultimately finds himself in a situation where the police have been called by a neighbor who claimed he was hitting on a mailbox,” Foward said. “There is no evidence of him hitting on the mailbox. There is no camera footage of him hitting on a mailbox. He simply took a walk in his neighborhood, his neighborhood since 2007.”

Police arrived and told him to get on the ground after they reportedly said he lunged at an officer when he walked toward him. The order confused Kinney, who became upset but eventually complied, Foward said.

There were at least six officers who responded. During the encounter, the initial officer to respond pointed a Taser at Kinney, who said at the time he thought it was a gun.

In the first officer’s statement, he alleged Kinney’s thermos smelled like alcohol. He was never given a field sobriety test, nor breath or blood tests. Body camera video shared by Foward showed an officer pour the contents onto the grass, and the bottle was never taken into evidence.

Body camera footage also appeared to show an officer write part of the statement for the complainant.

“I don’t believe a police officer should be coercing, telling somebody what to write, how to write, and then help you write it. That’s a concern,” Foward said.

David Fox, chairman of the local NAACP’s criminal justice committee, said they will continue to look into this case to substantiate that some of the investigation was fabricated and that Kinney was wrongfully arrested.

“The only crime he committed was him being Black walking down the street,” Fox said.

Kinney said he is a personal bodyguard and that he had a tow truck company.

The business had valuable contracts for roadside assistance. However, shortly after the incident it was time for an annual background check.

“It was in there,” he said of the arrest. “I lost all my contracts. I lost my trucks.”

Also, officers handcuffed him behind his back, which he said led to an additional surgical procedure.

“I had to go back, and they had to do an ablation after the fact, and they had to burn some of my nerves because it irritated, once they put the handcuffs on me, because my hands don’t go all the way back,” said Kinney, who added that his 6-foot-4 frame was pushed into the back of a cruiser while handcuffed.

Kinney has not filed a civil lawsuit, but did not rule it out as a possibility.

Foward said the city manager has not returned calls but that he and the police chief will meet soon about the incident.