CINCINNATI — A Hamilton County judge has taken the death penalty off the table for Rodney Hinton Jr., the man accused of running over and killing Deputy Larry Henderson last May.
Hinton Jr. faces aggravated murder, murder and felonious assault charges in connection with the May 2 incident.
Judge Jody M. Luebbers said in a hearing Thursday that Hinton's attorneys have provided "sufficient cause and sufficient reason" that Hinton has a serious mental illness that was in play when prosecutors said he intentionally crashed into and killed Henderson while the deputy worked a traffic detail outside the University of Cincinnati's commencement.
WATCH: What's next in Hinton's case now that he is no longer facing the potential of a death penalty sentence
"Mr. Hinton did not understand the wrongfulness of his conduct as a result of a serious mental illness. I think the decision by the court is confirmation of that," Hinton's attorney, Clyde Bennett, said. "The key in this case is that people should keep an open mind, remove race, remove politics from the case. Look at this man to see whether or not he was mentally ill at the time of this offense."
Under Ohio law, if someone is found to have a serious mental illness or SMI that significantly impacts their judgment in relation to their conduct, then that person cannot be sentenced to death. Bipolar disorder, a condition that court-appointed forensic psychologist Jennifer O'Donnell said she believes Hinton has, is one of the conditions considered to be an SMI under the law.
Earlier this month, Hamilton County prosecutors said they are no longer pursuing the death penalty after multiple evaluations and reviewing evidence.
"We believe the SMI issue has been proven by proponents of the evidence," Chief Assistant Prosecuting Attorney Kip Guinan said.
At the time, prosecutors told the judge that Henderson's family was aware of the negotiations to take the death penalty off the table.
"We have talked to Lori Henderson, who is the widow of the victim in this matter. We've met with her and spoken with her several times, as well as his adult children. While not totally in agreement, they understand the reasons for doing this. We've also consulted with the sheriff's department," Guinan said.
In court Thursday, Hinton's attorneys also changed their plea to not guilty by reason of insanity. Luebbers said they have "sufficiently proven" their reason for changing the plea.
Luebbers said Hinton's trial date is still set for April 6 — a date she does not want to change.
