CINCINNATI — Hamilton County prosecutors said they are no longer pursuing the death penalty against Rodney Hinton, the man accused of running over and killing Hamilton County Sheriff's Deputy Larry Henderson in May.
The prosecution, led by Chief Assistant Prosecuting Attorney Kip Guinan, and the defense, led by attorney Clyde Bennett, were in Judge Jody Luebbers' courtroom Monday morning, alongside Hinton.
The two attorneys explained that through multiple evaluations, evidence showed that Hinton suffers from a serious mental illness (SMI).
"We believe the SMI issue has been proven by proponents of the evidence," Guinan said.
The decision to accept the move made by the two legal teams now falls in the hands of Judge Luebbers. If she accepts, then Hinton would no longer face the death penalty.
WATCH: We break down the agreement between legal teams and what the judge's decision will mean for Hinton's case
Judge Luebbers addressed Hinton directly to explain the weight of this decision.
“They're asking the court to make a finding that you have an SMI, a serious mental illness, and that that was in play at the time of this offense and if I find that, then that takes the death penalty off the table, do you understand that, sir?" Luebbers asked.
Hinton responded "yes" to the judge's question.
In December, Dr. Jennifer O'Donnell testified in court regarding her findings after she said she evaluated Hinton. She told the courtroom that she believes he has bipolar disorder.
"In my opinion, his illness impacted his judgment," O'Donnell said.
WCPO learned O'Donnell was one of three doctors who evaluated Hinton.
Hinton's attorney said that his mental illness may have affected his actions.
"From day one and from the outset of the case, I told the public, I told the media and I told the court my client did not have the mental wherewithal to understand the wrongfulness of his conduct," Bennett said.
Bennett said that he had been reviewing Hinton's records and evaluations for quite some time, leading up to the negotiation and agreement between legal teams.
Prosecutors told the judge that Henderson's family was involved with the negotiations.
"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.
As WCPO reported in December, under Ohio law, if someone is found to have an SMI that significantly impacts their judgment in relation to their conduct, that person cannot be sentenced to death. Bipolar disorder is one of the conditions considered to be an SMI under the law.
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WCPO learned in court on Monday that Hinton will be re-arraigned Jan. 14. His attorney said Hinton will enter a plea of not guilty by reason of insanity.
The prosecuting attorney confirmed in the courtroom that Hinton could face a sentence of life in prison without parole if convicted.
We asked Bennett about his expectation of Judge Luebbers' pending decision.
"Do you expect the death penalty to be taken off this case?" we asked Bennett.
"I do. I'm not aware of any judge that has a stipulated fact by both counsel, all counsel in a proceeding with respect to an issue, and not grant that stipulation," Bennett said.
Following the hearing, we received this statement from the Hamilton County Sheriff's Office:
The case involving Mr. Rodney Hinton will continue to work its way through the judicial system. The Hamilton County Sheriff’s Office does not have any additional comment at this time regarding the litigation of the case.
Hamilton County Prosecutor Connie Pillich sent us the following statement:
“Mr. Hinton deliberately killed an innocent man,” said Hamilton County Prosecutor Connie Pillich. “Although the law prevents seeking the death penalty, my office will pursue the harshest sentence available, life without the possibility of parole, to make certain he never returns to our community.”
We wanted to know how Leubber's decision could impact Hinton's looming trial and Bennett's argument that Hinton wasn't able to comprehend the consequences of his actions, so we reached out to long-time criminal defense attorney Mark Krumbein.
First, Krumbein said Leubber will likely approve taking execution off the table.
"If someone is severely mentally ill, the law says that you cannot be executed. Some people hate this. Some people love it," he said.
WATCH: We talk to a third-party expert about the pending death penalty ruling
Krumbein told us Hinton's defense team will still need to convince a jury that Hinton was unable to understand the consequences of his actions as a result of his illness.
The structure of Hinton's trial would change as well. Capital murder cases involve a guilty/not-guilty phase followed by a mitigating factor hearing if the person is convicted. There would be no mitigating factor phase if the death penalty is taken off the table.
