Cincinnati Police Officer Darren Sellers returned to the witness stand Thursday to testify again that he saw Cincinnati Police Officer Patrick Caton strike Roger Owensby Jr. after Mr. Owensby was handcuffed on the ground in a Roselawn gas station parking lot.

        Officer Sellers was the sole rebuttal witness.

Caton

        Attorneys and Hamilton County Municipal Judge Guy Guckenberger used the rest of Thursday to hammer out jury instructions. Closing arguments are scheduled to begin today at 10 a.m.

        Mr. Owensby, 29, of College Hill, died while in police custody. On Nov. 7, Officers Caton, Robert “Blaine” Jorg and David Hunter approached Mr. Owensby to ask him about a September drug investigation.

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        Mr. Owensby ran and was tackled. His official cause of death was mechanical asphyxiation.

        Officer Caton faces a misdemeanor assault charge for allegedly striking Mr. Owensby before and after he was handcuffed.

        He testified Wednesday that he struck Mr. Owensby five times because he was resisting arrest. Two blows came when Mr. Owensby's hands were tucked beneath him.

        Three more were delivered to his right forearm when he was pulling his one cuffed arm away, Officer Caton said.

        All the blows were “palm strikes,” which involved the heel of his hand, the officer said.

        City Prosecutor Ernest McAdams has said the blows were excessive. Defense attorney Merlyn Shiverdecker has said the blows were a permissible use of force.

        Officer Jorg was acquitted Tuesday of a misdemeanor assault charge in the case, but a mistrial was declared on the more serious charge.

        Jurors disagreed 10-2 on a felony involuntary manslaughter charge, with the majority favoring acquittal.

        Hamilton County Prosecutor Mike Allen will decide within the next week whether to pursue a second jury trial on the manslaughter charge.
       

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