Fangman

        Cincinnati's police union is setting up a legal defense fund for two officers facing criminal charges in the death of a man who died in their custody, and the head of the police union is telling officers to “think twice” before making some arrests

        Those aggressive actions come after charges of assault were filed Wednesday against two officers. One of them also was charged with involuntary manslaughter.

        “What we're telling our officers is to think twice and use extreme caution before engaging in self-initiated police activity which could put an officer in a position of having to use restraining force,” said Keith Fangman, Fraternal Order of Police president.

        He set up a legal defense fund for the two officers Thursday, saying “nobody has proven they have done anything wrong.”

THURSDAY COVERAGE

• 2 officers indicted in Owensby death   •Family, friends support officers   •Relatives rejoice over indictments   •Situation mirrors others across U.S.

        The union's stance has outraged some but is not a surprise to others, who describe it as another blow to a community divided by police behavior.

        “Why should it surprise me? Why should I be mad?” asked Essie Owensby, grandmother of Roger Owensby Jr., who died Nov. 7 after being chased and arrested by police outside of a Roselawn gas station. “I could be mad 365 days a year and the police are still going to do what they are going to do.”

        Chief Tom Streicher doubts that any of his 1,000 officers will stop or even hesitate before making an arrest — and he said there is no question about the definition of assault.

        “Do I think (officers) will stop and think twice? These people are too committed and too loyal,” he said. “They know what the line is. Officers know what assault is. I guarantee you that.”

        Mr. Fangman says he put out the warning to officers because he believes the legal definition of assault is so murky that any officer making a difficult arrest could be accused of it.

        “It's not worth losing your job, your family and your freedom to try to restrain someone in that split second because you don't know the rules of engagement,” he said. “If something goes wrong in that split second, does that mean our officers are now going to be charged with assault?”

        Mr. Fangman said he is not calling for a job slowdown, but is simply issuing an advisory. It won't apply when officers respond to calls for help.

        But he said it will stay in effect until police administrators and the Hamilton County prosecutor explain assault charges, which he says are “unheard of” against officers who can face violently resistant suspects.

        That's one of the reasons the union has established a defense fund for the officers, and are seeking donations from the community as well as the police department.

        “This is uncharted territory for everyone. It is the first time a Cincinnati police officer has been indicted in a use-of-force case,” Mr. Fangman said. “These officers were involved in a use-of-force incident with a suspect who by all accounts violently resisted.”

        Officer Robert Jorg, 28, an officer since June 1996, faces more than five years in jail if convicted of involuntary manslaughter and assault. Officer Patrick Caton, 34, a former U.S. Marine who has been on the force since June 1997, was indicted on an assault charge. The assault charges both officers face are misdemeanors, with a maximum sentence of six months in jail.

        They were among 18 officers who converged on a Sunoco parking lot Nov. 7 after spotting Mr. Owensby as someone who had escaped from them a week before. He died about an hour after being arrested.

        Although five officers were placed on administrative leave, criminal charges were brought against two, and no more will likely be filed, Hamilton County Prosecutor Mike Allen said Thursday.

        All five police officers still face internal investigations and no decision has been made about whether any will be allowed to retun to work. Public Safety Director Kent Ryan said that decision would be made today.

        When Mr. Owensby's father, Roger Owensby Sr., learned a defense fund was being put together for the officers, he hissed loudly and angrily.

        He was unwilling to talk about it, and other family members said Mr. Owensby was very upset.

        “We definitely have to do what we can to make sure justice is served,” said Rudolph Owensby, uncle to Mr. Owensby Jr. “It's really a race thing. It don't make me angry. It's what they do.”

        He said the police would likely not find much support in the African-American community, where sympathy for the police division has long been eroded.

        Scott Greenwood, a lawyer with the American Civil Liberties Union of Ohio, said the fund was divisive and unnecessary.

        “It's saying they will support the police officers even if they did do something wrong,” he said. “You don't see the police union raising funds for any other criminal defendant.”

        The ACLU is filing a class-action suit against the police division for the use of racial profiling, which involves targeting individuals for searches and detainment because on their skin color.

        “Greenwood's opinion means nothing to us,” Mr. Fangman said. “The ACLU constantly crows about their support for the First Amendment right to free speech. Obviously, he doesn't belive that applies to police officers.”

        The defense fund, he said, is based on ones established by police unions in New York and Los Angeles. He said it is supported by Cincinnati's police union board.

        “These officers are innocent until proven guilty,” he said.

        Anyone wishing to donate to the fund can mail checks or money orders to: Police Legal Defense Fund, Cincinnati Police Credit Union, 959 W. Eighth St., Cincinnati, OH 45203.

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