Officer acquitted in Ohio deaths

Judge says no proof his shots, among 137 fired, killed 2 in car

Patrolman Michael Brelo (center) sits with his defense team as the verdict is read Saturday in his trial over a fatal shooting in a car chase in 2012.
Patrolman Michael Brelo (center) sits with his defense team as the verdict is read Saturday in his trial over a fatal shooting in a car chase in 2012.

CLEVELAND -- A white patrolman who fired down through the windshield of a suspect's car at the end of a 137-shot barrage that left the two unarmed, black occupants dead was acquitted Saturday of criminal charges by a judge who said he could not determine the Cleveland officer alone fired the fatal shots.

Michael Brelo, 31, put his head in his hands as the judge issued a verdict followed by angry but peaceful protests. Outside the courthouse, police blocked protesters from going inside, while across the city others held a mock funeral with some carrying signs asking, "Will I be next?" Demonstrations lasted into the night and multiple arrests were made, including three people on felonious assault charges.

The acquittal came at a time of nationwide tension among police and black citizens, punctuated by protests over deaths of black suspects at the hands of white officers -- and after a determination by the U.S. Department of Justice that Cleveland police had a history of using excessive force and violating civil rights.

Before issuing his verdict, Cuyahoga County Common Pleas Judge John O'Donnell reflected on the unrest. "In many American places, people are angry with, mistrusting and fearful of the police," he said.

But O'Donnell said if the evidence did not merit a conviction, "I will not sacrifice him to a public frustrated by historical mistreatment at the hands of other officers."

Brelo -- who fired a total of 49 shots, including 15 while standing on the hood of the suspects' vehicle -- faced as many as 22 years in prison had the judge convicted him of voluntary manslaughter in the shooting, which happened after Timothy Russell's Chevrolet Malibu backfired while speeding by police headquarters.

Russell's sister, Michelle Russell, said she believed 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."

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.

After the verdict, sheriff's deputies stood in front of the courthouse carrying clear shields as protesters chanted, "Hands up! Don't shoot!" -- a rallying cry linked to the death of 18-year-old Michael Brown in Ferguson, Mo.

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: the killing of Tamir Rice, a black 12-year-old carrying a pellet gun who was shot by a white rookie officer in November.

Police tweeted around 9:30 p.m. that officers had made multiple arrests, including three around East Fourth Street, a downtown dining mecca, where police in riot gear were stationed. Three people were arrested after a restaurant patron was injured when an object was thrown through a window, police said. The charges included aggravated rioting, felonious assault and obstruction of justice.

The timing of the Saturday morning verdict was intentional. The county's top judge said it was meant to prevent traffic issues downtown.

Russell, 43, and Malissa Williams, 30, were each shot more than 20 times at the end of the Nov. 29, 2012, pursuit. Prosecutors argued they were alive until Brelo's final salvo but medical examiners for both sides testified they could not determine the order in which the deadly shots were fired.

O'Donnell said he believed Brelo caused some of the fatal wounds but that other officers must have, as well.

Brelo could have been convicted of lesser charges, but O'Donnell determined his actions were justified after the chase, which included reports of shots fired from Russell's car. Prosecutors said the noise apparently was the result of the car backfiring.

Thirteen officers fired at the car after a 22-mile, high-speed chase that involved 62 marked and unmarked cars and reached 100 mph. Brelo, a seven-year veteran, was the only officer charged; prosecutors said he waited until the pair was no longer a threat to fire his final shots.

Authorities never learned why Russell didn't stop. 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 mentally ill, homeless and addicted to drugs.

The shooting helped prompt an investigation by the Department of Justice, which concluded the department had engaged in a pattern and practice of using excessive force and violating civil rights.

Brelo has been on unpaid leave since he was indicted last May. Police Chief Calvin Williams said it will continue during disciplinary reviews for him and the other 12 officers.

Information for this article was contributed by Mark Gillispie, Andrew Welsh-Huggins and John Coyne of The Associated Press and by Mitch Smith and Ashley Southall of The New York Times.

A Section on 05/24/2015

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