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Monday, September 24, 2001

Closing arguments set to begin in Roach trial




By Marie McCain
The Cincinnati Enquirer

        Closing arguments begin at 1 p.m. today in the trial of Cincinnati Police Officer Stephen Roach, charged with two misdemeanors in the April 7 shooting death of Timothy Thomas.

        Officer Roach is accused of negligent homicide and obstructing official business. If convicted he could spend up to nine months in jail.

        Prosecutors contend that Officer Roach, 27, exhibited a “substantial lapse” of care when he shot Mr. Thomas, 19, who was unarmed. Mr. Thomas was wanted on 14 misdemeanor charges and had led police on a foot chase through Over-the-Rhine when he and Officer Roach met down a darkened alley near 13th and Republic streets.

        The shooting touched off days of rioting across the city.

        Prosecutors point to the testimony of a Cincinnati police firearms trainer, who said that officers are not supposed to place their fingers on the triggers of their guns unless it is absolutely necessary.

        The defense contends that Officer Roach perceived that his life was in danger when he shot Mr. Thomas.

        According to an interview with investigators, Officer Roach said he shot Mr. Thomas because he thought the Evanston man had a gun. In a second interview, the four-year Cincinnati police veteran told investigators that a quick movement Mr. Thomas made, after he'd been ordered to display his hands, startled him and he fired his gun.

        Officer Roach has been charged with obstructing official business, prosecutors say, because his conflicting stories either hindered or impeded investigators.

        Officer Roach was “profoundly” affected by what he'd done and was susceptible to suggestion, testified Dr. William Lewinski, a police psychologist from Minnesota State University.

        The defense also offered testimony from Dr. Paul Michel, a certified therapeutic optometrist who has worked with the FBI on police-involved shootings in poorly lighted areas.

        Dr. Michel stated that, because of Mr. Thomas' quick movement, coupled with the low level of light in the alley, Officer Roach was unable to distinguish Mr. Thomas' empty hand from a small handgun.

        Hamilton County Municipal Judge Ralph E. “Ted” Winkler, who is hearing the case, could begin his deliberation as soon as Tuesday if closing arguments are completed this afternoon.

       



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