A white Ohio patrolman who fired through the windshield of a suspect’s car at the end of a 137-shot barrage that killed the two unarmed African-American occupants was acquitted on Saturday of criminal charges by a judge who said he could not determine the officer alone fired the fatal shots.
Michael Brelo, 31, put his head in his hands as the judge issued the verdict that was followed by angry, but peaceful, protests. Some held a mock funeral, carrying signs asking, “Will I be next?”
The acquittal came at a time of nationwide tension over the deaths of African-American suspects at the hands of white officers, and following a determination by the U.S. Department of Justice that Cleveland police had a history of using excessive force and violating civil rights.
“In many American places people are angry with, mistrusting and fearful of the police,” Cuyahoga County Common Pleas Judge John P. O’Donnell said before issuing his verdict.
But Judge O’Donnell said he would not “sacrifice” Mr. Brelo to an angry public if the evidence did not merit a conviction.
Mr. Brelo who fired a total of 49 shots, including 15 through the windshield while standing on the hood of the suspects’ vehicle faced as many as 22 years in prison had the judge convicted him on two counts of voluntary manslaughter.
The deaths occurred after Timothy Russell’s beat-up car backfired outside police headquarters on November 29, 2012. Thirteen officers fired at the car with Russell and Malissa Williams inside after a 35-km chase that involved 62 marked and unmarked cars and reached 160 kmph.
Russell, 43, and Williams, 30, were each shot more than 20 times. Mr. Brelo was the only officer charged because prosecutors said he waited until the pair was no longer a threat to fire his final 15 rounds.
Prosecutors argued they were alive until Mr. Brelo’s final shots, but medical examiners for both sides testified they could not determine the order in which the deadly shots were fired.
Russell’s sister, Michelle Russell, said she believed Mr. Brelo would ultimately face justice.
“He’s not going to dodge this just because he was acquitted,” she said. “God will have the final say.”
Authorities never learned why Russell didn’t stop the car. He had a criminal record including convictions for receiving stolen property and robbery. Williams had convictions for drug-related charges and attempted abduction. Both were described as homeless. A crack pipe was found in the car.
The U.S. Justice Department, U.S. Attorney’s Office and the FBI will review the testimony and evidence and examine all available legal options, said Vanita Gupta, head of the Justice Department’s Civil Rights Division.
About 200 people walked in a mock funeral procession that had already been planned to mark six months since another deadly shooting that sparked anger in Cleveland’s African-American community — the killing of Tamir Rice, a African-American 12-year-old carrying a pellet gun who was shot by a white officer in a park.
Protesters carried a black, plywood coffin. After the verdict, sheriff’s deputies stood in front of the courthouse carrying shields as protesters chanted “Hands up! Don’t shoot!” a rallying cry linked to the death of 18-year-old Michael Brown in Ferguson, Missouri.
Mr. Brelo could have been convicted of lesser charges, but Judge O’Donnell determined his actions were justified following the chase, which included reports of shots fired from Russell’s car, because officers perceived a threat.
Mr. Brelo’s lead attorney, Patrick D’Angelo, said Mr. Brelo had been unfairly prosecuted, saying he had risked his life in the incident.
Mr. Brelo has been on unpaid leave since he was indicted in May 2014. Police Chief Calvin Williams said it will continue during disciplinary reviews for him and the other 12 officers.
