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Wednesday, April 11, 2001

Initial findings may not support officer's actions




By Robert Anglen and Dan Horn
The Cincinnati Enquirer

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Roach
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Thomas
        Cincinnati Mayor Charlie Luken said Tuesday that some investigators question whether evidence will support a police officer's decision to use deadly force against Timothy Thomas.

        Officer Steve Roach shot and killed the 19-year-old Mr. Thomas early Saturday after a brief chase in Over-the-Rhine.

        “I have been told they (law enforcement officials) are troubled by the story they are getting from the officer,” Mr. Luken said. “The initial findings don't back him up.”

        Criminal justice sources, who would speak only on the condition they not be identified, agreed with the mayor. Evidence reviewed so far is not consistent with the offi cer's version of events, they said.

        For example, Officer Roach has told investigators he fired because he thought Mr. Thomas was reaching for a gun in his waistband. But no gun was found. Officer Roach's description of how close he was to Mr. Thomas also may be in dispute.

        The sources would not elaborate on the early evidence, but they said a videotape from a police cruiser also will be closely examined for clues.

        The videotape, now held under a grand jury subpoena, shows blurry images that will be digitally enhanced to aid investigators, sources said. The tape also carries the sound of the gunshot.

        Mr. Thomas was wanted on 14 nonfelony warrants — 12 of them for traffic offenses. He was shot after a brief chase involving several officers.

        Police Chief Tom Streicher would not discuss any possible findings, saying the shooting is still under investigation.

        “It's inappropriate for anybody to make a call about what happened,” he said. “The integrity of this investigation cannot be compromised.”

        Despite the chief's concerns, some members of Cincinnati City Council have asked authorities to release the statement Officer Roach gave investigators about the shooting.

        The lack of details from police about the shooting has been a major point of concern raised by Mr. Thomas' family and citizens angry about his death.

        Councilman Paul Booth said Mr. Thomas' mother and the rest of the community deserve to know why the officer fired. Under police rules, officers may shoot only when their lives or the lives of others are threatened.

        “We're asking the prosecutor to release any information to the extent that it does not jeopardize the investigation,” Mr. Booth said.

        Hamilton County Prosecutor Mike Allen would not discuss evidence in the case, other than to say his office has received the videotape and an executive summary of the incident.

        He said prosecutors will review the summary, but po lice will continue to lead the investigation.

        When the investigation is complete, Mr. Allen will review the findings and decide whether to take the case to a grand jury. He said he expects the investigation to last at least a few weeks.

        A grand jury would decide whether the officer did anything wrong and, if so, whether the wrongdoing rises to the level of a crime.

        “All matters of police use of force will be fully investigated and, if appropriate, presented to a grand jury,” Mr. Allen said.

        A grand jury recently brought criminal charges against two officers in another, unrelated case involving the use of deadly force.

        In that case, Officer Robert Jorg was charged with involuntary manslaughter in the asphyxiation death of Roger Owensby Jr. Officer Patrick Caton was charged with misdemeanor assault.

       



Map: Where violence occured
Photo gallery
Main report on Tuesday's violence
- Initial findings may not support officer's actions
Council locked up in City Hall
Blacks, whites vent on radio
Brother's whispers resound amid madness
Rioting not the way, leaders say
Police try to go by the 'book'
Public Safety Department may be abolished
Racial strife not new to city
Donations for Thomas family

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