Hamilton County Commissioner Todd Portune has written a letter to the U.S. Department of Justice asking it to investigate the death of Roger Owensby Jr. at the hands of Cincinnati police.

Portune

        Mr. Owensby was unarmed when he died of “mechanical asphyxiation” after being placed in police custody on Nov. 7, 2000. Coroner Carl Parrott said Mr. Owensby died either from police officers piling on top of him or by a choke hold placed around his neck.

        “In the matter of Mr. Owensby's death I would respectfully ask for Department of Justice determination of whether any federal criminal or civil rights violations occurred ...,” says the letter, addressed to Attorney General John Ashcroft. “Justice has not been served in this matter.”

        Neither of the two officers charged in the Owensby death were convicted.

        Officer Robert “Blaine” Jorg was charged with involuntary manslaughter but the jury deadlocked on a verdict. Hamilton County Prosecutor Mike Allen decided not to retry the case after learning the jury was leaning 10-2 in favor of acquittal.

        A separate jury acquited Officer Patrick Caton of misdemeanor assault.

        Mr. Owensby's mother, Brenda Owensby, asked all three county commissioners to urge a DOJ investigation. The family also has asked Cincinnati council members and pastors to write letters.

        Commissioner John Dowlin said he doesn't believe the other two county commissioners will vote to endorse a DOJ investigation.

        “I do not plan to write a letter,” Mr. Dowlin said.

        Still, Roger Owensby Sr. is happy to have Mr. Portune's letter. He says it, combined with letters from citizens, send a strong message to the Justice Department.

        “The signatures from citizens are really the most powerful,” Mr. Owensby said. “But the (Portune) letter will be icing on the cake. It shows unity from top all the way down.”

        Mr. Allen said letters won't influence the DOJ's decision on whether to launch an investigation.

        “Todd is an elected official and he is entitled to weigh in,” Mr. Allen said. “But the Justice Department is going to do what the Justice Department is going to do. I don't think they care what any elected official's opinion is.”

        Commissioner Tom Neyer said Mr. Portune asked him to sign the letter, and he declined.

        “For me to send a letter to the Justice Department implies that I know more about the case than I do,” Mr. Neyer said. “It's impossible for me to second-guess the prosecutor's actions from the cheap seats.”

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