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Friday, December 5, 2003

Criminal case in prosecutor's hands


Allen's office will weigh evidence

By Sharon Coolidge
The Cincinnati Enquirer

MULTIPLE PROBES
The death of a suspect in police custody triggers investigations by several groups.

• Investigations into Nathaniel Jones' death are under way by:
• Cincinnati Police Department's internal investigations section
• Cincinnati Police's homicide unit
• The Hamilton County Prosecutor's Office
• The city's Citizen Complaint Authority
• The U.S. Department of Justice (preliminary inquiry)

COMPLETE COVERAGE
Police wait to talk to investigators
Services and marches
Streicher says tape violent, by book

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The Hamilton County Prosecutor's Office is just launching its investigation into the death of Nathaniel Jones.

It will be up to prosecutors to determine whether the case ultimately will go to a grand jury for review of possible criminal charges against six Cincinnati police officers involved Sunday in a violent struggle with Jones in a fast-food parking lot, Prosecutor Mike Allen said Thursday.

Hamilton County Coroner Carl Parrott Jr. ruled Jones' death a homicide Wednesday. But officials cautioned that ruling is not a finding that any crime was committed.

"Homicide is a killing by another person. It doesn't imply any illegal act," Allen said.

Allen declined to comment on specifics of the Jones investigation, saying only: "Our role at this stage is to assist the police in obtaining evidence by way of grand jury subpoenas and/or search warrants."

As in all criminal cases, the prosecutor's office will rely on the evidence gathered by police investigators. Prosecutors will look mainly to determine whether officers used a reasonable level of force under the circumstances.

Ohio law says police officers may use no force greater than necessary to repel an attack.

If prosecutors think a crime may have been committed, the evidence would be presented in secret to a grand jury. If not, they would notify the police department, and the prosecutor's investigation would end.

Christo Lassiter, a University of Cincinnati law professor, said it's too soon for officials to be contemplating wrongdoing.

"We have to step back and take a deep breath," he said. "I know there's national attention, but all the facts have to be looked at."

E-mail scoolidge@enquirer.com




NATHANIEL JONES CASE
Streicher says tape violent, by book
Police wait to talk to investigators
Services and marches
Criminal case in prosecutor's hands
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