Man shot in 2008 dies eight years later

Posted at 1:57 PM, Jan 29, 2016
and last updated 2016-01-30 01:01:43-05

CINCINNATI – A man shot in 2008 in Over-the-Rhine died this month from complications from his injuries, police said.

David Wallace was 33 when he was shot at 17 W. McMicken Ave. on Sept. 28, 2008, according to police. He suffered some paralysis but survived until Jan. 5, 2016.

The shooter has not been found. The Homicide Unit and the Hamilton County prosecutor are reopening the case.

Defense attorney Mark Krumbein said even if police can find the killer, it may not be easy to prosecute the case as a murder.

"Usually, if you are shot and injured badly enough, typically a person is not going to live that long, so this is unusual we are going back to '08," Krumbein said.

For many years, under Ohio law, a person could not be charged with murder if the victim survived longer than a year. That's since changed,  Krumbein said, but prosecutors still face a host of challenges. Among them: Connecting Wallace's death directly to the shooting.

"They would need a coroner or other medical experts to link the original shooting injuries all the way from 2008 right up to 2016," he said.

Finding witnesses to a crime that happened more than seven years ago may be an uphill battle, too.

"Years have gone by. Witnesses may be unavailable. Witnesses may have passed away themselves. So, it's not easy to put together a case years later," Krumbein said.

Anyone with information is asked to call the Criminal Investigation Section at 513-352-3542 or Crime Stoppers at 513-352-3040 or text “CINTIP” plus your message to CRIMES (274637).  Callers may remain anonymous and may receive compensation for their information.