Prosecutor wants review of officers in shooting held until after trial for suspect

Police say man shot officer last March
Posted at 4:53 PM, Jan 23, 2018
and last updated 2018-01-23 16:53:35-05

CINCINNATI -- The Hamilton County prosecutor doesn't want the officers who exchanged fire with a man outside a Walnut Hills apartment complex last year to face the Citizen Complaint Authority until after the trial for the man accused of shooting one of those officers.

Prosecutor Joe Deters announced Tuesday that his office has filed a motion for a Temporary Restraining Order against the Citizen Complaint Authority, an independent body that reviews allegations of misconduct against police, seeking to delay their investigation of officers Kenneth Grubbs and William Keuper. 

The officers were responding to a domestic violence call on Gilbert Avenue at about 12:13 a.m. March 12, 2017 when they encountered Damion McRae, who matched the description of the suspect they were looking for, according to Deters. McRae shot Grubbs with a concealed 9mm rifle, police previously said. Grubbs was hit in the lower abdomen. Both officers returned fire. 

Damion McRae

Grubbs was later released from the hospital. Police arrested McRae. He's facing two counts of attempted murder, three counts of felonious assault, two counts of having weapons while under disability, carrying concealed weapons and assault. 

Deters previously announced that Grubbs and Keuper had been cleared of any charges. 

McRae's case hasn't gone to trial yet. Court records show the case has been continued 10 times at his request. The next hearing is scheduled for Feb. 15. 

The Citizen Complaint Authority, also called the CCA, had been scheduled to interview the officers on Jan. 30 and Feb. 1, according to Deters. He's seeking to have that delayed until after McRae's case is finished.

Deters said he was concerned a CCA hearing before the trial could compromise the prosecution of the criminal case. 

"We are going to protect our witnesses, which includes Cincinnati police officers, until the criminal case is finalized," he said. 

A judge will have to decided on the prosecutor's motion.