No indictment in Cincinnati bar shooting!


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Sergeant Bob
May 17, 2003, 07:58 AM
No indictment in bar shooting


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Allen: Grand jury sending a message

By Sharon Turco and Robert Anglen
The Cincinnati Enquirer


Todman Emmons (left) and Rick Wiggins, both of Northside, sit at Junker's Tavern on Friday. Earlier they had testified before a grand jury about the shooting of a robbery suspect last week at the tavern.
(Jeff Swinger photos)
| ZOOM |
Harold McKinney didn't do anything wrong when he shot a robbery suspect in a Northside bar last week, a Hamilton County grand jury determined Friday.

The grand jury ignored charges of felonious assault and carrying a gun in a liquor establishment brought by Cincinnati police against McKinney, a member of Citizens on Patrol.

The shooting victim and his accomplice, accused of robbing Junker's Tavern at gunpoint May 8, didn't get off so easy.

The men, both 18 and from Walnut Hills, were each charged with nine counts of robbery, and one was charged with having a weapon when he was not allowed to have one.

McKinney, 54, was not on patrol at the time.

More than 500 members of the Citizens on Patrol Program walk the streets of 21 Cincinnati neighborhoods on the lookout for crime. Members are never to carry weapons or intervene in a crime in progress; however, McKinney was in the bar as a patron, not a program member.

Tony Coyne, owner of Junker's Tavern in Northside, reacts with a thumbs-up as he hears the news about Harold McKinney

Grand jury proceedings are secret, but Hamilton County Prosecutor Mike Allen surmised members might have been trying to send a message.

"People in this community are fed up," Allen said. "This is a community that has had it with violent crime, and this individual took action."

The Whole Story (http://www.enquirer.com/editions/2003/05/17/loc_northside17.html)

Sometimes the good guys do win!

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dinosaur
May 17, 2003, 09:14 AM
The Grand Jury may have sent a message or the ADA may have deliberately thrown them a high fastball that they could hit out of the park. Either way, sometimes the system works the way it`s supposed to.

Henry Bowman
May 17, 2003, 10:12 AM
No, the prosecutor wanted an indictment. And, really, the "firearm in a liquor establishment" charge has no defense (as long as you knew you had the gun) and was a slam-dunk. But, this jury knew how to do the right thing! Violent crime has been on the rise in the Cincinnati area.


Send lawyers, guns & money.

El Tejon
May 17, 2003, 10:41 AM
Is Ohio a g.j. state or can the prosecution simply file an information?:confused:

Henry Bowman
May 17, 2003, 12:25 PM
Ohio criminal rules:

Felony charge must be by GJ indictment, unless waived by defendant.

I am a lawyer, but I don't play one on the Internet.


Send Lawyers, Guns, and Money!

El Tejon
May 17, 2003, 12:40 PM
Thanks, Henry.

Say hello to Cindy for me.:D

Coronach
May 17, 2003, 12:41 PM
Well, if you will recall from the previous thread, I predicted that the GJ would no-bill the assault charges. I'm surprised that they no-billed the Liquor Establishment charge (but not disappointed).

FWIW, when a cop plugs a bad guy (on or off duty) it usually goes to the GJ as well. Gooses and ganders.

Mike

El Tejon
May 17, 2003, 12:43 PM
Cor, that reminds me. Henry, can the PA (or whatever you call them over there) file the Pistola in a Watering Hole as an information provided that it is a misdemeanor?

Matthew Courtney
May 17, 2003, 02:35 PM
Carrying in a bar is a felony there.

El Tejon
May 17, 2003, 03:18 PM
A felony to carry a pistol in a bar? Wow!:scrutiny:

Mike Irwin
May 17, 2003, 05:03 PM
Sniff sniff...

I love a story with a happy ending!

I'd LOVE to know what the prosecutor though when he was presenting the charges to the Grand Jury. I really wonder if he thought he had a chance in hell of getting them through...

dinosaur
May 17, 2003, 07:02 PM
A felony huh? So when I went to the reunion in Dayton.....hmm. Never mind. :evil:

Standing Wolf
May 17, 2003, 07:54 PM
Justice has been done.

One hopes the governor of Ohio is paying attention.

Henry Bowman
May 17, 2003, 11:29 PM
Both charges were felonies. In any event, once the prosecutor chooses indictment over information for a misdem., I believe he's stuck with the result. :neener:

El Tejon: come on down and say hello yourself!

Bring lawyers, guns & ammo . . . :D

geekWithA.45
May 18, 2003, 12:26 PM
Keep passing the word folks!


http://www.fija.org

Mal H
May 18, 2003, 12:41 PM
Good!

Pretty refreshing statement from Prosecuter Allen as well.

WonderNine
May 20, 2003, 12:48 AM
Members are never to carry weapons or intervene in a crime in progress

:rolleyes:

Diesle
May 20, 2003, 12:56 AM
That guy had real nuts to let it go to the jury! Someone is looking out for this one...


Diesle

Coronach
May 20, 2003, 01:01 AM
Diesle-

What do you mean? This was a grand jury, not a petit jury.

Mike

Diesle
May 20, 2003, 01:05 AM
Ahhhh.. Sorry I need to start paying attention here!

Diesle

Matthew Courtney
May 20, 2003, 01:30 AM
The 5th amendment issue of Grand Jury indictment is similar to the 2nd amendment issue of RKBA in that neither right has absolutely been reduced to law with respect to the states.

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