Jorg

        The Cincinnati police officer accused of causing the death of Roger Owensby Jr. will not face another trial.

        Hamilton County prosecutors announced Wednesday that the involuntary manslaughter charge against Officer Robert “Blaine” Jorg will be dropped because they have little chance of winning a conviction at a second trial.

        A jury voted 10-2 to acquit Officer Jorg of the manslaughter charge two weeks ago. Because verdicts must be unanimous, prosecutors had the option of pursuing another trial for the officer.

        But Prosecutor Mike Allen said he does not believe the outcome would be any different at a second trial.

        “There is no reason to believe a new set of randomly drawn citizens would differ greatly in how they would view the evidence if the case were retried,” Mr. Allen said.

        “The easy way out would be to put the witnesses, the court, the parties and the community through another trial,” the prosecutor said. “I will not do that.”

        Mr. Allen's announcement came exactly one year after Mr. Owensby died of asphyxiation during an arrest in the parking lot of a Roselawn gas station.

        Mr. Owensby's family members could not be reached for comment, and their attorneys declined comment. Last week, however, family members criticized Mr. Allen's handling of Officer Jorg's case and urged him to pursue another trial.

        “I don't expect them to be happy with this,” Mr. Allen said of the Owensbys. “They lost a son. They're good people and they're frustrated with the system.”

        Some community activists complained that the prosecutor's decision Wednesday will reinforce the perception that police are not held accountable for their actions.

        “It sends a message of hopelessness and helplessness, a message that you can't get any justice in Cincinnati,” said the Rev. Damon Lynch III, co-chairman of Cincinnati CAN, a group formed this year to improve police-community relations.

        “A little justice in this city would have gone a long way to bring about the healing that everybody wants.”

        In the neighborhoods around where Mr. Owensby died, residents said they were not surprised by the decision to dismiss the charges against Officer Jorg.

        “They didn't have to kill him,” said Robert Flanagan, of Bond Hill. “You have a lot of police who don't know common sense and don't show respect. If they showed a little, they'd get a little.”

        Mr. Allen said discussions with investigators, witnesses and one of the jurors from Officer Jorg's trial all indicated that another trial would be pointless.

        He said the same problems that faced prosecutors the first time still would be there at a second trial. Those problems include witnesses who contradict one another and evidence that does not conclusively prove who is responsible for Mr. Owensby's death.

        Prosecutors have said Mr. Owensby died either from a fatal choke hold or from officers piling on top of him. Officer Jorg and another officer, Patrick Caton, were both acquitted of misdemeanor assault in the case. Officer Jorg also was charged with involuntary manslaughter because prosecutors claimed his actions caused Mr. Owensby's death.

        Mr. Allen said the jury's 10-2 vote in the first trial was a factor in his decision to drop the case.

        He said the lopsided vote to acquit suggests prosecutors may not have enough evidence to get a conviction, no matter how many times they try the case.

        “When the vote is 10-2 against you, you have to be realistic,” Mr. Allen said.

        Mr. Jorg and his attorney, Scott Croswell, were set to return to court today to ask the judge to dismiss the manslaughter charge. Now that the prosecutor has bowed out, the hearing will be a formality.

        Mr. Croswell could not be reached for comment.

        The Owensby family has asked the U.S. Department of Justice to take over the prosecution of the officers, but Justice officials say they have not received a formal request to investigate.

        On Tuesday, the family filed a federal lawsuit against the city of Cincinnati and several of the officers involved in Mr. Owensby's arrest.

        The lawsuit accuses police of “callous disregard” to the rights of citizens and “deliberate indifference” to Mr. Owensby's well-being.

        The suit also claims police did not have a good reason to stop Mr. Owensby that day. Police have said he was wanted for questioning and had run from them on a previous occasion.

        Police have said Mr. Owensby was tackled by the officers after he attempted to flee. Mr. Owensby's family contends he only took a few steps before police swarmed him.

        Police Chief Tom Streicher said the prosecutor's decision Wednesday would not affect the internal review now under way by the police division. If the division finds fault with the officers involved, they could face disciplinary action.

       Tom O'Neill and Robert Anglen of the Enquirer contributed to this report.
       

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