CINCINNATI — Nearly one week after the death of 18-year-old Ryan Hinton, police have yet to release the name of the officer who shot him.
Hinton was shot and killed when police responded to a report of a stolen vehicle in East Price Hill. During a press conference where Police Chief Teresa Theetge showed body camera footage from Hinton's death, the chief said officers saw Hinton carrying a gun and heard the sound of metal hitting the ground when he fell while running away from officers Thursday, May 1.
Theetge told reporters that an officer at the scene alerted the officer who fired his gun that Hinton was armed. The officer who fired the shots can be heard saying "gun" before multiple gunshots ring out.
The police chief cited Marsy’s Law as the reason she is not releasing the name of the officer who shot Hinton.
"Technically under Marsy's Law, there's no provision that allows us to release it at all," Theetge told radio host Lincoln Ware in an interview Monday. "So we will see where this goes in the court system."
WATCH: An attorney questions whether Marsy's Law can be used to withhold officer names
Marsy’s Law is intended to protect victims of crimes. Ohio voters approved Marsy’s Law as a state constitutional amendment in 2017. According to the Ohio constitution, it guarantees victims of crimes certain rights, including:
- To be treated with fairness and respect for the victim's safety, dignity and privacy.
- Upon request, to receive reasonable and timely notice of all public proceedings involving the criminal offense or delinquent act against the victim, and to be present at all such proceedings.
- To be heard in any public proceeding involving release, plea, sentencing, disposition, or parole, or in any public proceeding in which a right of the victim is implicated.
- To reasonable protection from the accused or any person acting on behalf of the accused.
- Upon request, to receive reasonable notice of any release or escape of the accused.
- Except in certain cases, to refuse an interview, deposition, or other discovery request made by the accused or any person acting on behalf of the accused.
- To full and timely restitution from the person who committed the criminal offense or delinquent act against the victim.
- To ensure proceedings free from unreasonable delay and a prompt conclusion of the case.
- Upon request, to confer with the attorney for the government.
- To be informed, in writing, of all rights enumerated in this section.
The law further defines a "victim" as "a person against whom a criminal offense or delinquent act is committed, or who is directly and proximately harmed by the commission of the offense or act."
"There's a real question about whether an average voter expected or understood the term victim to cover a police officer," said Jack Greiner, attorney with Faruki PLL.
Greiner is representing the Columbus Dispatch after the newspaper sued the Columbus Police Department to obtain the names of the officers involved in a fatal interstate shooting. Columbus police also redacted those officers' names, citing Marsy’s Law.
"It doesn't expressly say that police are victims, but it doesn't expressly say that police are not victims," said Greiner.
We asked him how this could be problematic if the Ohio Supreme Court rules in favor of the Columbus Police Department.
"I think that the public, the media, and the public have a right to know about that police officer's history. Does that police officer have a tendency to engage in shootouts more than the average officer? Are there extenuating circumstances?" said Greiner. "I think that the public is interested in and has a right to know the history of that police officer. Has he been disciplined previously for excessive use of force? Are there other issues that come to bear on the decision that day to shoot that gun? That's why I think that it is problematic."
During oral arguments in February, Ohio Deputy Solicitor General Jana Bosch argued that police officers are covered as victims under Marsy’s Law.
"Officers can be victims because they're people who can be targeted or harmed by crimes," said Bosch.
Justice Patrick Fischer questioned Bosch, saying, "They walk to the crime, they go to the crime, on purpose, to get shot at maybe?"
"It is true they often put themselves in harm's way to serve the public, but that does not change their status as a person," said Bosch.
Justice Fischer followed up by asking, "It makes them create themselves as a victim, doesn't it?"
"They don't become that principal; they don't become the state. It's not possible to shed personhood when acting on behalf of the state," said Bosch. "This harm follows this officer as a person. When he takes off his badge, he doesn't take off the bullet wounds and go home. He is a person who is exercising the authority of the state."
We reached out to the Hamilton County Prosecutor's Office and Gov. Mike DeWine's office to determine their stance on how some law enforcement agencies are interpreting Marsy’s Law. Representatives for both offices declined to comment.
