The family of a black man who died in police custody last year demanded Thursday that the federal government take over prosecution of the police officers charged in his death.

        The parents of Roger Owensby Jr. said they are not satisfied with the job done by Hamilton County Prosecutor Mike Allen's office in prosecuting Cincinnati Police Officer Robert “Blaine” Jorg in Mr. Owensby's Nov. 7 asphyxiation death.

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        A jury on Tuesday acquitted Officer Jorg of an assault charge and could not reach a verdict on an involuntary manslaughter charge.

        Mr. Owensby's family accused prosecutors of failing to present important evidence and witnesses who they contend would have helped win a conviction. They said a federal prosecution is the only way to ensure justice is done.

        “All we wanted was the truth about what happened to our son,” said Roger Owensby Sr. “We said we were going to let the system work. The justice system as of right now has failed my family.”

        “I am not going to let my son die in vain,” he said. “We want justice.”

        The family's attorneys, who have vowed to sue over Mr. Owensby's death, said federal involvement could come in the form of a civil rights prosecution by the U.S. Department of Justice.

        While such prosecutions are rare, they have been used across the country against police officers accused of wrongdoing.

        Family members said they came forward now because county prosecutors are debating whether to seek another trial for Officer Jorg, who still faces the involuntary manslaughter charge.

        Another officer, Patrick Caton, is on trial this week for misdemeanor assault. He is accused of striking Mr. Owensby during the arrest. The Owensbys declined to comment about the Caton case, out of what they said was respect for the jury.

        Mr. Allen said his prosecutors in the Jorg case did their best for the Owensby family.

        He said he worked closely with family members throughout the case and assigned the trial to two of his top attorneys, Mark Piepmeier and Tom Longano.

        “The prosecutors who handled this case ... gave their very best,” Mr. Allen said Thursday. “My prosecutors and staff have worked with the Owensbys in every possible way in this laborious, painful process.”

        He declined to comment on the Owensby family's contention that prosecutors mishandled the case.

        He also said he would not decide until next week whether to seek another trial for Officer Jorg.

        “That's a tough call,” Mr. Allen said. “While no decision has been made at this time, I'm very hopeful for the Owensbys' support and acceptance of whatever course is decided.”

        The decision on whether to retry the involuntary manslaughter case may be difficult because prosecutors lost an important weapon when jurors threw out the assault charge.

        Throughout the first trial, prosecutors argued that the assault led to Mr. Owensby's death. They accused Officer Jorg of choking Mr. Owensby, 29, while he was on the ground outside of a Roselawn gas station.

        Mr. Allen said he attempted to meet with the Owensbys on Thursday but was told the family's attorneys would not permit a meeting.

        Mark Tillar, one of the Owensby family's two attorneys, said his clients refused the meeting because they feel betrayed by Mr. Allen. He said prosecutors misled his clients by promising them that they would retry the case if there was a mistrial.

        “He (Mike Allen) looked at my client and told my client there would be a retrial,” Mr. Tillar said. “There should be no discussion, he should retry the case.”

        The Owensbys claim Mr. Allen made the promise after a new witness came forth during the first day of testimony. Since opening arguments had already been given, Mr. Tillar said prosecutors could not introduce a new witness because the defense would not have ample opportunity to prepare.

        The Owensbys were then faced with two choices: Declare a mistrial or go forward with the case without the witness.

        Mr. Tillar said he advised the Owensbys to go with a mistrial. But after consulting with Mr. Allen and prosecutors, the Owensbys decided to go forward with the case on the condition that if there was a hung jury, prosecutors would retry the case with the new witness included.

        Now the family says Mr. Allen is wavering.

        “I don't feel good about Mike Allen,” said Brenda Owensby.“To me, he just lied. I don't have faith in any of the system.”

        Neither the Owensbys' attorneys nor Mr. Allen would comment on the witness' potential testimony, or the witness' identity.

        A spokesman for the U.S. Department of Justice said the department had not received a request for a federal civil rights investigation into the Owensby case.

        Although as many as 12,000 requests are made every year, formal investigations are relatively rare.

        About 3,000 complaints lead to preliminary investigations by the FBI. And of those, less than 200 actually lead to criminal charges.

        So far this year, 188 people nationwide have been charged with criminal civil rights violations, including 97 law enforcement officers.

        To be a civil rights case, the offense must involve issues such as racial or religious violence, or access to public health clinics. Offenses are not necessarily civil rights cases simply because they involve a police officer.

        But some of the most famous civil rights prosecutions have involved officers.

        One of the best-known was the successful prosecution of Los Angeles police officers involved in the roadside beating of Rodney King. The officers were found not guilty in a state court, but were later convicted of federal charges.

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