Thursday, October 25, 2001
Choke hold not ruled out
Pathologist: 'Consistent' with autopsy findings
By Marie McCain
The Cincinnati Enquirer
The autopsy of Roger Owensby Jr. did not conclusively point to a choke hold as the reason for the oxygen deprivation that killed him, but it didn't rule it out either, an assistant coroner testified Wednesday.
Dr. Daniel L. Schultz, a staff pathologist with the Hamilton County Coroner's office, testified in the trial of Cincinnati Police Officer Robert Blaine Jorg, who is accused of felony involuntary manslaughter and misdemeanor assault in the Nov. 7 death of Mr. Owensby, 29, of College Hill.
Officer David Hunter Jr., demonstrating on a mannequin, testifies in court Wednesday about the arrest of Roger Owensby Jr.
(Michael E. Keating photo)
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Officer Jorg is the first Cincinnati police officer to be charged with a felony in the death of a suspect. Prosecutors say Officer Jorg put Mr. Owensby in a choke hold that caused his death.
A choke hold is consistent with autopsy findings, Dr. Schultz said.
Nothing rules that out. But I can't say with certainty that it was a choke hold. He added that the fact that there were no signs of trauma to Mr. Owensby's neck is not unusual.
You don't always find hemorrhages in neck musculature even when a neck hold is used, he said.
Dr. Schultz disputed a key defense contention that Mr. Owensby walked, on his own, to the Golf Manor police car where his body was later found.
He did not die in the police cruiser, he said. If he's dead from asphyxia, he's not walking to the car.
Attorney R. Scott Croswell (left) talks with Cincinnati Police Officer Robert Blaine Jorg and his wife, Kristin, outside the courtroom.
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Dr. Schultz said the fluid from Mr. Owensby's lungs that later was found in his vomit proves that Mr. Owensby died on the ground while struggling with police, not in the police car, he said.
Testimony from Cincinnati Police Officer David Hunter Jr., who was at the scene, supported that part of the doctor's opinion.
I didn't see Owensby walk, Officer Hunter said. They started to drag him and then picked him up and carried him to the car.
But Officer Hunter's testimony seemed to dispute whether Officer Jorg had Mr. Owensby's neck in a choke hold.
Police were trying to arrest Mr. Owensby Nov. 7 because they believe he had tipped off some drug suspects to police presence a month earlier, said Officer Hunter.
He said as Mr. Owensby visited a Sunoco station store at the corner of Langdon Farm Road and Seymour Avenue in Roselawn, he and officers Jorg and Caton waited outside to arrest him.
Mr. Owensby recognized Officer Hunter and tried to run away, but officers Jorg and Caton tackled him, forcing him to the ground, Officer Hunter said.
He demonstrated with a mannequin on the courtroom floor where each officer was positioned around Mr. Owensby: he was on Mr. Owensby's right side, Officer Caton was on his left, Officer Jorg was at his head.
Officer Hunter showed how he Maced Mr. Owensby as Officer Jorg had his arm wrapped around Mr. Owensby's forehead and eyes. He said he had seen Officer Jorg use the maneuver on a suspect before.
He said that after Mr. Owensby's hands were cuffed, Officer Caton straddled the man and punched him repeatedly in the back. He said he later saw Officer Caton again punch Mr. Owensby once he had been placed in the rear of the cruiser.
That night the only person I saw that I thought did something wrong was Pat Caton, Officer Hunter said.
Officers Jorg and Caton are being tried separately. Officer Caton's trial on a misdemeanor assault charge begins with testimony today.
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