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No indictment in Cincinnati bar shooting!

Discussion in 'Legal' started by Sergeant Bob, May 17, 2003.

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  1. Sergeant Bob

    Sergeant Bob Member

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    No indictment in bar shooting


    --------------------------------------------------------------------------------
    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

    Sometimes the good guys do win!
     
  2. dinosaur

    dinosaur Member

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    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.
     
  3. Henry Bowman

    Henry Bowman Senior Member

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    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.
     
  4. El Tejon

    El Tejon Member

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    Is Ohio a g.j. state or can the prosecution simply file an information?:confused:
     
  5. Henry Bowman

    Henry Bowman Senior Member

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    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!
     
  6. El Tejon

    El Tejon Member

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    Thanks, Henry.

    Say hello to Cindy for me.:D
     
  7. Coronach

    Coronach Moderator Emeritus

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    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
     
  8. El Tejon

    El Tejon Member

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    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?
     
  9. Matthew Courtney

    Matthew Courtney Member

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    Carrying in a bar is a felony there.
     
  10. El Tejon

    El Tejon Member

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    A felony to carry a pistol in a bar? Wow!:scrutiny:
     
  11. Mike Irwin

    Mike Irwin Member

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    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...
     
  12. dinosaur

    dinosaur Member

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    A felony huh? So when I went to the reunion in Dayton.....hmm. Never mind. :evil:
     
  13. Standing Wolf

    Standing Wolf Member in memoriam

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    Justice has been done.

    One hopes the governor of Ohio is paying attention.
     
  14. Henry Bowman

    Henry Bowman Senior Member

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    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
     
  15. geekWithA.45

    geekWithA.45 Moderator Emeritus

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  16. Mal H

    Mal H Administrator

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    Good!

    Pretty refreshing statement from Prosecuter Allen as well.
     
  17. WonderNine

    WonderNine member

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    always offline!
    :rolleyes:
     
  18. Diesle

    Diesle Member

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    That guy had real nuts to let it go to the jury! Someone is looking out for this one...


    Diesle
     
  19. Coronach

    Coronach Moderator Emeritus

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    Diesle-

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

    Mike
     
  20. Diesle

    Diesle Member

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    Ahhhh.. Sorry I need to start paying attention here!

    Diesle
     
  21. Matthew Courtney

    Matthew Courtney Member

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    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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