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Saturday, November 10, 2001

Police may face federal charges in deaths


Prosecutors examining Thomas, Owensby cases

By Dan Horn
The Cincinnati Enquirer

        Federal prosecutors are trying to determine whether the Cincinnati police officers involved in the deaths of Timothy Thomas and Roger Owensby Jr. should face new criminal charges.

        Although the officers were recently cleared of state charges, the U.S. Department of Justice still could file federal civil rights charges.

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        Civil rights charges are rare, but they have been used against police officers accused of misconduct in other cities.

        A Justice Department official said it's unclear how long prosecutors will need to decide whether charges are appropriate in the Cincinnati cases.

        “We are reviewing the investigation files and records of the state proceedings to determine what, if any, federal action is warranted,” said Dan Nelson, a Justice Department spokesman.

        The two cases involve unarmed men who were killed by police.

        Mr. Thomas, 19, was shot and killed April 7 by Officer Stephen Roach during a chase in Over-the-Rhine. His death sparked days of riots and unrest in Cincinnati.

        Officer Roach was found not guilty last month of negligent homicide. He had argued that he fired because he thought Mr. Thomas reached for a gun in his waistband.

        Mr. Owensby, 29, was asphyxiated last Nov. 7 during an arrest involving several officers in the parking lot of a Roselawn gas station.

        Two officers — Patrick Caton and Robert Jorg — were found not guilty of misdemeanor assault charges. Officer Jorg also was charged with involuntary manslaughter, but that charge was dropped this week after a jury voted 10-2 to acquit him.

        Attorneys for the officers could not be reached for comment Friday.

        Federal civil rights charges usually involve offenses related to racial or religious discrimination.

        Mr. Owensby's family has asked federal prosecutors to pursue charges against the officers.

        But proving a civil rights offense is difficult.

        The Justice Department receives thousands of civil rights complaints every year and prosecutes only about 100.

       



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