[1047] in peace2
Light interlude: Cincinnati/Stephen Roach/Timothy Thomas
daemon@ATHENA.MIT.EDU (Saurabh Asthana)
Thu Sep 27 18:14:16 2001
Message-Id: <200109272200.f8RM0CS32093@chaos11.bwh.harvard.edu>
To: peace-list@mit.edu
Reply-to: rednblack@alum.mit.edu
Date: Thu, 27 Sep 2001 18:00:11 -0400
From: Saurabh Asthana <angrymob@chaos11.bwh.harvard.edu>
Nothing war-related, here. This is regarding an incident where a cop
shot an unarmed black man in Cincinnati, touching off days of rioting
and protest. Note that Thomas, who was wanted on 14 outstanding warrants,
was guilty of such heinous crimes as "driving without a license" and
"running from police officers". Apparently Cincinnati cops had nicknamed
him "the Rabbit" because he ran from them so often (they chased him so
often?).
Grrr.
Saurabh
------
"Everywhere the building of a prison is the first step in the organization of
a civilized state." - B. Traven, 'Government'
Judge: Roach not guilty
By Kimball Perry, Post staff reporter
Cincinnati Police Officer Stephen Roach, whose shooting of an unarmed
black teen sparked April's riots, today was found not guilty by a judge.
Hamilton County Municipal Court Judge Ted Winkler, hearing the case
without a jury at Roach's request, acquitted Roach on misdemeanor
counts of negligent homicide and obstructing official business.
''Timothy Thomas put police oficer Roach in a situation where he believed
he had to shoot ... or he would be shot,'' Winkler wrote.
''The shooting was a split-second reaction to a very dangerous situation
created by Timothy Thomas that ... was a reasonable reaction on the part
of police officer Roach.''
As Winkler read his decision, Roach choked back tears, closed his eyes,
swallowed hard and -- when the judge made it clear that he was free --
briefly dropped his head to his chest.
Moments later, outside the courtroom, Roach, his voice cracking with
emotion, expressed his sorrow to Thomas's family.
''I understand her pain and what she must be going through,'' Roach said of
Thomas' mother. ''Unfortunately, this is a tragedy that we are going
through ... I would change it if I could.''
Special prosecutor Stephen McIntosh expressed disappointment in the
decision.
''For police officers, there is a standard that they must follow,'' McIntosh
said. ''Officers cannot just go out ducking their responsibilities because
they feel like it.''
Calling the seven-day trial ''a tragic case,'' Winkler said he felt for the
families of both Thomas and Roach but couldn't let emotions sway his
decision.
''If an officer mistakenly believed that a suspect was likely to fight back,
the officer migh t be justified in using more force than was actually
necessary. In such situations, an officer's actions should not be subjected
to 20/20 hindsight or Monday morning quarterbacking,'' Winkler wrote in
his decision.
Roach was a beat officer in District 1's Over-the-Rhine section -- the city's
most danger ous neighborhood -- in the early morning hours of April 7
when he heard another officer broadcast th at he was chasing Thomas,
who was wanted on 14 misdemeanor arrest warrants.
As Thomas fled from police into an alleyway between Vine and Republic
streets, about eight officers gave chase. Roach, 27, ran down the
pitch-dark alleyway first and, when startled by Thomas, 19, the officer shot
him in the left chest, killing him.
Winkler suggested that Thomas could have prevented the entire chase and
shooting by obeying officers' commands.
''Timothy Thomas did not stop for any officer that night including Police
Officer Roach and h e failed to show his hands when ordered to do so by
Officer Roach in a dark alley,'' Winkler wrote .
''Instead, (Thomas) quickly reached in or quickly pulled on his waistband.
Police Officer Roach's training took effect and Police Officer Roach fired on
Timothy Thomas, killing him.''
While prosecutors accused Roach of not adhering to police training in the
shooting, Winkler found that Roach ''exhibited no substantial lapse from
due care in firing his weapon'' at Thomas .
To earn a conviction, the judge noted, prosecutors had to prove that Roach
abandoned required care or concern in the situation. Winkler found he did
neither.
The background of both men also helped Winkler make his decision.
''Police officer Roach's history was unblemished until this incident.
Timothy Thomas' his tory was not unblemished,'' Winkler said.
Roach was charged with obstructing official business for giving three
versions of the shootin g.
First, he told fellow officers immediately after the shooting that his gun
''just went off.'' While being questioned by police investigators, though, he
gave a detailed description of the shooting, saying he thought Thomas,
wearing baggy sweatpants, was reaching for a gun.
When investigators told Roach, however, that his statements contradict
the actions as captured by police cruiser cameras at the scene, he
changed his story to say Thomas came around a corner, startling him and
causing him to shoot.
On the obstruction charge, Winkler ruled that ''any differing statements
attributed to Officer Roach were not substantial and the statements did not
hamper or impede the police investigation.''
Winkler was swayed by Roach's expert witnesses who testified that the
officer, faced with a deadly force situation, truly believed Thomas was
raising a gun toward him, endangering the officer's life.
''Police Officer Roach you have been found not guilty of the charges in this
indictment. You are free to go,'' Winkler told him today.
Publication date: 09-26-01
