It took less than two hours of deliberations for a jury Friday to acquit Cincinnati police Officer Patrick Caton of misdemeanor assault in the death of Roger Owensby Jr.

        The verdict ended an eight-day trial marked by contradictory testimony from 11 witnesses and a sharp disagreement by the city prosecutor and the officer's lawyer about the force used during the Nov. 7 arrest of Mr. Owensby in the parking lot of a Roselawn gas station.

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        Reaction was swift and splintered. Some, including Fraternal Order of Police President Keith Fangman, said the jury focused on evidence, not emotion.

Cincinnati Police Officer Patrick Caton listens Friday to the not-guilty verdict in his assault trial (above) and reacts with relief (below).

        Others, such as Vice Mayor Minette Cooper, said the verdict left them shocked and curious how the jury of seven whites and one African-American could acquit Officer Caton.

        It was the third time in six weeks that Hamilton County jurors have cleared a white Cincinnati police officer of charges in the death of a black suspect during an arrest or chase.

        Cincinnati streets remained quiet after the verdict. Afraid that violence could erupt, however, administrators placed city police and firefighters on alert.

        Cases against Cincinnati police officers are “an uphill battle,” said Hamilton County Prosecutor Mike Allen. Legal experts agree that juries tend to grant broad leeway to police officers acting in the line of duty.

        Paul DeMarco, a member of the city's Citizens Police Review Panel, said the verdict “says it's not a crime in Cincinnati for police officers to kill a black man.”

        “An African-American man died in police custody, and we know police officers were responsible for his death. ... If that is what passes for justice in Cincinnati, every citizen of this city should be ashamed.”

        The verdict was fair, Mr. Fangman insisted.

        “The average citizen expects us to take care of those situations, and sometimes it isn't pretty,” he said. “Police officers deal with the worst elements of society, violent individuals who violently resist arrest.”

        Officer Caton, 35, who had faced up to six months in jail if convicted, was the second Cincinnati officer charged in Mr. Owensby's death.

        On Tuesday, a jury acquitted Officer Robert “Blaine” Jorg of misdemeanor assault and was unable to reach a verdict on a felony charge of involuntary manslaughter, resulting in a mistrial. A decision by Mr. Allen to retry Mr. Jorg on the felony charge could come next week.

        On Sept. 26, another white officer, Stephen Roach, was acquitted in the fatal April 7 shooting of Timothy Thomas, an unarmed black man who was fleeing police. The Over-the-Rhine shooting led to three nights of rioting in the city. It was Cincinnati's worst racial unrest since 1968.

Sense of relief

        After hearing Friday's verdict, Officer Caton, 35, appeared flushed and was near tears. The four-year veteran, assigned to the city's impound lot since his January indictment, embraced his parents and wife. He left the courtroom without talking to reporters.

        “He is relieved,” said Merlyn Shiverdecker, Officer Caton's attorney. “This has been pending for a year. He has only had the opportunity to tell his story in this courtroom. I hope (the Owensby family) can find solace and some type of closure in this.”

        Mr. Owensby's parents — Brenda and Roger Owensby Sr. — rushed from the courtroom and refused comment after the verdict was read.

        Thursday afternoon, however, the family said they want the federal government to handle the prosecution of their son's case because they are dissatisfied with the performance of the county prosecutor's office.

        City Prosecutor Ernest McAdams, who handled the case because it was a misdemeanor, could not be reached after the trial. In closing arguments, he said Officer Caton acted in anger during the arrest a year ago.

        “Who has a reason to come into this courtroom and lie to you?” Mr. McAdams asked. “It's clear that after he was cuffed, Patrick Caton punched (Mr. Owensby) in the back because he's mad that he had the nerve to run, and that's assault. Two Cincinnati police officers have sworn to that. All the other witnesses are all over the place.”

        Mr. Owensby, 29, of College Hill, died of mechanical asphyxiation.

        He was stopped by police, who asked him about drug trafficking. Police said he fled, and they wrestled him to the ground in a parking lot and handcuffed him.

        Hamilton County's coroner ruled Mr. Owensby's death a homicide, saying asphyxiation could have been caused by a choke hold or the weight of officers piling on and smothering Mr. Owensby.

        Officer Caton testified this week that he struck Mr. Owensby five times that night. Mr. Owensby was hit twice in the lower back, because his hands were free and he was resisting arrest. The suspect was hit three more times in the right forearm, because he was pulling one cuffed arm away.

        Officers David Hunter and Darren Sellers also were involved in the struggle with Mr. Owensby. They testified that they saw Officer Caton hit Mr. Owensby after he was was handcuffed.

        Mr. Shiverdecker said he believes the jury offered an acquittal because of contradictory testimony.

        “There were so many witnesses, the case lent itself for reasonable doubt,” he said.

Another investigation

        The verdict does not resolve everything for Officer Caton. Deputy City Manager Tim Riordan said the police division will launch its own investigation into what happened that night. Investigators will “see if any policies and procedures were violated,” he said.

        The report and a recommendation will be given to Police Chief Tom Streicher.

        Despite national attention on the trials involving Officers Jorg and Caton, the morale of city officers is not low, said Lt. Kurt Byrd, spokesman for the police division.

        “Morale has come back up,” he said. “The police are confident in the legal system and that it works.”

        Friday's verdict left some, including Ms. Cooper, concerned.

        “I want more information,” she said. “Shocked is the best word I can give. I am very uncomfortable about what might happen in the community. There is going to be disappointment and there are going to be questions.”

        It is disheartening to see three straight acquittals, said the Rev. A. Stephen Van Kuiken, pastor of Mount Auburn Presbyterian Church.

        “Talk of healing and dialogue is important, but actions speak louder than words and these actions are devastating. ... It's disheartening to see these verdicts come one after another.”

        Enquirer reporters Kevin Aldridge, Jane Prendergast and Robert Anglen contributed to this story.
       

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