Dayton Daily News

No indictment for officers in shooting

- By Lauren Pack and Michael D. Pitman Staff Writers

A Butler County grand jury returned no indictment­s against officers involved with a fatal shooing in Fairfield on March 6, according to Prosecutor Michael Gmoser.

The investigat­ion conducted by Ohio Bureau of Criminal Investigat­ion was reviewed by a grand jury this week.

Officers Edward Bausch, Daniel Setterstro­m and Craig Moore responded to 9 S. Timber Hollow Drive at 11:49 a.m. on March 6 at the request of a woman for officers to be “on standby” related to a domestic dispute issue. According to the investigat­ion, Tyler Jones was a suspect in the theft of a car and a firearm.

When Jones, 24, arrived at the Timber Hollow Apartment Homes complex, there was a confrontat­ion between him and the police officers in the parking lot, and he was shot and killed.

Jones told officers, “Go ahead and shoot, bro,” walked away refusing to show his hands, then pulled out a gun, the investigat­ion showed. He dropped the gun, ran for the weapon as it skidded in the parking lot, was hit by a Taser that had no effect, then retrieved the gun on the ground and pointed it at the head of an officer who was in pursuit, according to Gmoser. All three officers fired shots at Jones.

The prosecutor­s said the officers fired “eliminatin­g his deadly force against them.”

And body cams worn by the officers captured the incident.

“The ... conduct of Tyler Jones and the officers was recorded on the body cameras of the police officers leaving absolutely no doubt concerning the true historical record of events leading to the shooting and death of Tyler Jones,” Gmoser said.

The investigat­ion completed by the Ohio Bureau of Criminal Investigat­ion lined up with informatio­n gathered from initial reporting and 911 calls: Jones’ girlfriend called 911 and said he allegedly stole her vehicle and loaded handgun. The woman told dispatcher­s he allegedly said he would shoot her if she tried to get her stuff back, or officers if they responded.

Bausch, Setterstro­m and Moore have been placed on administra­tive leave, which is department policy. On Thursday, the officers remained on leave. The Journal-News has requested the body cam videos and investigat­ion file from police to independen­tly review the findings.

Gmoser said it is his office’s policy to take all officer-involved shootings, as well as self-defense cases, to a grand jury.

“We have clear evidence on video tape, that would lead the most skeptical observer to conclude that the shooting death of Tyler Jones was justified, it begs the question why such a case would receive grand jury considerat­ion,” Gmoser said.

“The answer is equally clear. In Butler County, I have a long establishe­d as a policy — before incidents in Ferguson, Missouri, Baltimore and Maryland and the others ... there are no exceptions and places appropriat­e distance between the police and the prosecutio­n to foster a true sense of impartiali­ty in these circumstan­ces.”

 ?? GRAHAM / STAFF
NICK ?? A Butler County grand jury declined to indict three Fairfield police officers involved in the fatal shooting of Tyler Jones on March 6 at an apartment complex in Fairfield.
GRAHAM / STAFF NICK A Butler County grand jury declined to indict three Fairfield police officers involved in the fatal shooting of Tyler Jones on March 6 at an apartment complex in Fairfield.

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