Saturday, January 06, 2001
Officers stripped of police powers
On paid leave, both face internal charges
By Robert Anglen
The Cincinnati Enquirer
Two Cincinnati police officers facing criminal charges for the arrest of a man who died in their custody have been stripped of their police powers.
Public Safety officials said Friday that the officers, Robert Jorg and Patrick Caton, will stay on paid administrative leave following the Nov. 7 death of Roger Owensby Jr.
 Jorg
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 Caton
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But they say internal charges will be brought next week against Officer Jorg, who was indicted Wednesday by a Hamilton County grand jury for assault and involuntary manslaughter.
There will be charges brought, said Assistant Safety Director S. Gregory Baker, who will oversee the department-level hearing. The range (of discipline) could be anything from counseling to termination.
Mr. Baker said he has not seen the charges, but said they are being brought by the virtue of the fact that (he) has felony charges filed against him.
The charges are filed by internal affairs investigators for violations of police division policies.
Although Officer Jorg has yet to stand trial on criminal charges, Mr. Baker said the hearing could result in his termination.
Officer Jorg's lawyer, R. Scott Croswell, on Friday maintained his client's innocence.
There is no question about it, Mr. Croswell said. Not only did he not violate any criminal laws, he did not violate any department policies in any fashion.
Officer Caton, indicted on assault, will face a review by Police Chief Tom Streicher. Reviews are different from hearings because they involve less serious issues, Mr. Baker said.
Three other officers involved in the arrest but not charged also remain on paid administrative leave. Officers Jason Hodge, David Hunter and Darren Sellers retain their police powers but also face reviews by the police chief.
The five officers were among 18 who converged on a Sunoco parking lot in Roselawn the night Mr. Owensby died. Police say Mr. Owensby, who was known as ""L.A., fled from them a week earlier. After he was stopped on Nov. 7, Mr. Owensby ran from inside the gas station and was arrested outside. He died about an hour later.
The coroner ruled Mr. Owensby's death was caused by a choke hold gone bad or from officers piling on top of him.
While the Hamilton Coun ty prosecutor says no additional charges likely will be filed against any of the officers, all five still face an internal affairs investigation.
Since Nov. 7, when the five officers were put on leave, taxpayers have paid about $38,000 to them.
The officers, none of whom has been on the force for more than five years, make $43,385 to $46,552 a year.
We want them to pay for what they did, not get paid, Roger Owensby's grandmother, Essie, said Friday. They're saying to us that we're not worth being protected.
Ms. Owensby said her family is not surprised the police are on paid leave. It is just another reminder, she said, of the rift between the police division and the African-American community.
Keith Fangman, police union president, says pay can't be taken away from the officers, though, because nobody has proved they have done anything wrong.
To take away an officer's pay is a form of discipline. How can you discipline these officers when they've not been found guilty of anything? he said.
He wants the three officers to go back to work as soon as possible, he said. Officers regularly work while internal investigations are pending against them.
On Thursday, the police union established a defense fund for Officers Jorg and Caton, asking for donations from other police officers and the community to help pay legal expenses.
Mr. Fangman said Friday that no contributions had been made.
He also told the department's 1,000 officers Thursday that they should think twice before making an arrest. Given the assault charges against the two officers, he said, any officer could be charged with a crime anytime he uses force.
The caution will be in effect until the police chief and the county prosecutor give a clearer definition of assault, he said. The police chief contends officers know where the line is and that Mr. Fangman's advice won't be followed.
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