Saturday, June 26, 1999
Officers in shooting return to street duty
One resigned, then changed mind
BY TANYA BRICKING
The Cincinnati Enquirer
Miller
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McCurley
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The two Cincinnati police officers involved in the March 19 fatal shooting of a motorist in Northside are returning to the streets.
After nearly three months of desk duty, Officers Michael B. Miller II and Brent McCurley have been reassigned to patrol duty, restoring their power to arrest.
But the transition has been difficult.
Officer Miller filed his resignation from the force Friday morning but pulled it in the afternoon without explanation.
Union officials say he had been frustrated because he thought City Manager John Shirey was punishing him with desk duty. Mr. Shirey had ordered the desk duty while investigations of the shooting of
Michael Carpenter, 30, during a traffic stop were under way. Mr. Shirey's decision prompted a “no confidence” vote in him by the Fraternal Order of Police.
FOP Attorney Don Hardin said the officers lost about $200 a week because they were unable to work overtime or get compensation for court appearances.
“One of the very strong situations was the lack of support he received,” Mr. Hardin said of Officer Miller. “He wanted to be treated like a human being.”
The officers were the subject of protests last month at City Hall. Some critics held up signs calling them killers.
Mr. Hardin has advised Officer Miller not to comment about his decision to stay on the force because a federal lawsuit by the Carpenter family against him is pending.
Chief Thomas Streicher Jr. met with Officer Miller this week and said he encouraged him to stay.
The chief said he has met with both officers since the traffic stop. Officer McCurley began shooting that night, saying he feared for his life and his partner's when Mr. Carpenter ignored orders to get out of the car. He fired the fatal shot. Officer Miller fired a shot that missed.
Chief Streicher called Officer Miller, 24, who graduated from the police academy in December, a mature, “good-quality person” who has law enforcement experience as a former liquor agent.
Officer Miller is assigned as a patrol officer in the park unit, effective Sunday.
Officer McCurley, 27, who was a deputy sheriff in Missouri before joining Cincinnati's force four years ago, is on patrol in District 3, which covers Cincinnati's west side.
Chief Streicher expects to release an internal investigation in two weeks, the last official investigation into the shooting.
The city's independent Office of Municipal Investigations last month said the shooting was not justified and called for Officer McCurley to be disciplined, but cleared Officer Miller. The Hamilton County Prosecutor's Office this month cleared both officers of criminal charges.
The internal investigation will address whether police procedures were followed. After that, the decision about whether the officers should be disciplined will be in the hands of the city manager.
Kenneth L. Lawson, the Carpenter family's lawyer, declined to comment on the officers' reassignment. But he said he will be going soon to Washington, D.C., to request a federal investigation of the officers' actions.
Tom McCann contributed to this report.
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