Tuesday, May 16, 2000

Officer cleared in fatal shooting


No federal charges in motorist's death

By Jane Prendergast
The Cincinnati Enquirer

        A Cincinnati police officer will not face federal charges for killing an unarmed motorist last year.

        The U.S. Department of Justice announced Monday it has closed its eight-month investigation into Officer Brent McCurley's shooting of Michael Carpenter.

        Prosecutors concluded they did not have enough evidence the officer used more force than he could have reasonably thought was necessary, which would have been a violation of Mr. Carpenter's civil rights.

No unnecessary force
        Officer McCurley did not use unnecessary force considering his training, experience and the circumstances of the shooting, said Sharon Zealey, U.S. attorney for the Southern District of Ohio.

        She said she met Monday with Mr. Carpenter's parents, Fred and Elsie Carpenter, to tell them the decision.

        Mr. Carpenter's family has a lawsuit pending against the city and police.

        Officer McCurley and Officer Michael Miller stopped Mr. Carpenter in Northside for expired license tags on March 19, 1999.

        Police say the 30-year-old Mount Airy man refused to cooperate. Officer McCurley started shooting when Mr. Carpenter began dragging Officer Miller, whose arm was in the car, and appeared to be backing toward Officer McCurley.

        The officers testified later they feared for their lives. Mr. Carpenter was shot in the back of his head.

        Investigations done internally and by the Hamilton County Prosecutor's office ruled the shooting justified.

        A separate analysis by the city's Office of Municipal Investigation called the shooting unjustified and recommended disciplinary action against Officer McCurley, who fired the fatal shot.

Changes called for
        The Citizens Police Review Panel also called the shooting unjustified and called for changes in police policy and discipline regarding use of firearms and traffic stops.

        Officer McCurley received a written reprimand in December and was ordered to receive 40 hours of retraining because of several tactical errors leading to the shooting. Officer Miller resigned from the force.

       



CPS approves merit pay plan for teachers
Details of the merit pay system
Priest, historian to lead Xavier
Graham hopes to build on success
Academic stays active shepherding a parish
PULFER: If Genius of Water could talk
- Officer cleared in fatal shooting
3 saw cop shoot - but not same way
Report defines unequal mortality
Rick Beck will lead teachers' union
Some teachers regain jobs
Tough coaching style is out
C average for athletes argued
Man is due explanation, police admit
Pair offer to clean up property or raze home
KNIPPENBERG: Good samaritan saves little Sheba the dog
Buddhist group touts meditation
Buddhism gains higher profile in Cincinnati
CCO names Santora its maestro
CCO ends 'tryout' season on memorable note
KIESEWETTER: 'Frasier' falls back to Tuesday
GET TO IT
Know Theater's 'Rebel County' edgy, engrossing
Pig Parade: Pig of Possibilities
Queen City's moments to shine reflected in book
TRISTATE DIGEST
AROUND THE COMMONWEALTH
Butler seeks probe of forgiven tax penalties
Constable killed in '22 gets a hero's memorial
Court ruling means tax cut much less likely now in Ohio
Covington Schools gain on computers
Fish dying on Ky. River
Florence to ask Boone for funds
Grad Night arrests rise slightly
Hearing delayed in priest stabbing
Move to oust city manager
Panel hears from workers
Pressure mounts to fill empty chairs at MRDD
Rancor on school board
Student seeks honor for officer
Study: Low-level lead hazard
Symphony's name change hits clinker
Tough year for tobacco farmers
Walk right in, pedal out