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Officer Acquitted in Cincinnati Killing

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TIMES STAFF WRITER

A white Cincinnati police officer was acquitted Wednesday of all charges related to his fatal shooting of a black man last April--an incident that sparked three days of race riots.

Officer Stephen Roach acted in a “reasonable” manner when he fired upon 19-year-old Timothy Thomas as the young man, wanted on multiple warrants, fled down a dark alley in one of Cincinnati’s most dangerous neighborhoods, Municipal Judge Ralph E. Winkler ruled. The officer had reason to fear for his life, so his actions “shouldn’t be subjected to . . . Monday-morning quarterbacking,” Winkler said.

The ruling outraged some African American community leaders. And Thomas’ mother, Angela Leisure, asked, “Why is it that officers are not responsible for their acts when other citizens are?”

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Within hours of the televised verdict, several dozen protesters crowded into a City Council meeting demanding police reform. When Councilman Phil Heimlich, a strong police backer, tried to speak, they shouted him down. “I support the system,” he told them in response. “The system found the officer not guilty.”

The impromptu demonstration at City Hall got so rowdy that the council had to take a break to restore order. Outside the chambers, however, civic leaders--and Thomas’ mother--appealed for peace.

Later, near a vigil for the victim where hundreds of people had gathered, some cars were pelted with rocks and bottles and a few trash cans were set afire, officials said. There were no reports of serious injuries. Mayor Charlie Luken declared a state of emergency and imposed a curfew.

“You can bet people are going to be very angry and upset. . . . But we need to focus the energy and any rage into participation in civic life. We need to give them something to do,” said Officer Eric Smoot, who specializes in youth gangs.

Roach had been charged with two misdemeanors: negligent homicide and obstructing official business by lying to investigators about the shooting. At one point, he told them that he fired because he believed Thomas was reaching in his waistband for a gun. Later, he said the shooting had been an accident; his finger had been on the trigger as he chased Thomas down the alley, and when a sudden movement startled him, he fired.

Winkler ruled that Roach’s shifting accounts “were not substantial and . . . did not hamper or impede the police investigation of the incident in a material way.”

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Roach, who had an exemplary record in his four years as a Cincinnati police officer, waived his right to a jury, so Winkler heard the case alone. After the verdict, Roach called his confrontation with Thomas “a tragedy for all involved.” He added: “I would give anything to change the outcome of what happened that night.”

Roach still faces an internal disciplinary hearing at the Police Division. He will remain on desk duty pending that procedure.

Two other Cincinnati police officers, meanwhile, face trial next month for the death of another black man, Roger Owensby, who was asphyxiated as he was being taken into custody. One officer has been charged with involuntary manslaughter, a felony, and the other with misdemeanor assault.

In all, 16 black men have been killed by Cincinnati police officers since 1995. At least 11 of them had threatened officers with guns or other weapons. Thomas, however, was unarmed. And his death in the alley set off racial unrest worse than any Cincinnati had seen since the Rev. Martin Luther King Jr. was assassinated in 1968.

Rioters smashed windows and looted shops, hurled stones and dragged drivers from their cars for beatings. Dozens of people were injured and more than 800 were arrested. After three nights of mayhem, the mayor imposed a dawn-to-dusk curfew.

While the curfew ended the rioting, violence in the city soared throughout the spring and summer.

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Some officers have acknowledged they are reluctant to patrol aggressively lest they spark a confrontation with angry citizens.

Statistics tell the story: Comparing the numbers through August, overall arrests are down a third from last year. Drug arrests have slipped 45%. Traffic citations have been cut almost in half. At the same time, drive-by shootings and other violence have surged.

A police spokeswoman said the city has calmed somewhat since a violent-crime task force took to the streets in late July. The task force has made more than 1,000 arrests, “and a number of the city’s most wanted have been rounded up,” she said.

The U.S. Justice Department is reviewing Cincinnati’s police practices; investigators have already called for better training, supervision and use-of-force policies.

Police also are engaged in intensive mediation efforts with citizens to settle a lawsuit accusing them of racial profiling.

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