Roger Owensby, Jr.

Roger Owensby Jr. (March 27, 1971 – November 7, 2000) was an African American man who died November 7, 2000, after a foot chase and scuffle with the Cincinnati Police Department in the Roselawn neighborhood of Cincinnati, Ohio.

Biography Owensby was a United States Army sergeant in the Persian Gulf War, serving eight years. He had been an army cook and also served in Bosnia. He left behind a 9-year-old daughter at the time of his death and was survived by his parents and other siblings. He had no previous police record. On 21 May 2004, US District Court Judge Spieghel held that the Cincinnati's City Council had failed to protect the prisoner's health. On a second count he also held that the police were negligent in failing to follow procedure and Owensby died. On 14 June 2004, the family sued the Council for damages of US $4.5 million, citing police brutality as cause of death.

Death At 8 pm on election day November 7, 2000, in his home town, Owensby was leaving the Sunoco Mini-Mart in Bond Hill when two police officers stopped and searched him for approximately 15 minutes. He then fled and they gave chase. After the ensuing struggle Owensby was tackled by several officers, forced to the ground and handcuffed.

The individual civil (local) cases against the police officers Jorg and Caton began concurrently October 22, 2001. Both cases ended in November 2001, with Caton being acquitted and Jorg's case ending in a mistrial. On November 6, 2001, the Owensby family filed a federal lawsuit stating the police had violated Roger's civil rights, claiming he was "assaulted, tortured and killed" by police.

The Owensby incident was a pivotal moment that fueled the racial tension becoming one of the causative factors of the 2001 Cincinnati Riots. Owensby was the twelfth black male who died in custody or confrontations with police since 1995. While the criminal trial was proceeding, an unarmed 19-year-old black man, Timothy Thomas, was shot by Cincinnati Police Department Officer Steven Roach during an on-foot pursuit. The combination of the rising tensions from the high-profile Owensby case and Thomas' death led to the 2001 Cincinnati Riots.

Civil trial

Indictments The charges of manslaughter and misdemeanor assault were filed against the officers Jorg and Caton on January 3, 2001, for Owensby's death. A point of contention was which officer, Jorg or Caton, may have caused Owensby's death through improper use of force. Jorg and Caton had individual trials often sharing the same evidence and witnesses, but neither officer was found to have caused his death. A witness in the trial of Officer Jorg testified that he had used a choke hold on Owensby while Jorg testified that he only held the head to protect him. Officer David Hunter stated that he saw Officer Caton punch Owensby as he lay on the ground handcuffed and swing at him in the cruiser but he was not supported by other officers testimony.

Verdict and mistrial Caton was found not guilty. Jorg's case ended in a mistrial with the jury deadlocked 10-2 for acquittal. The prosecutor decided not to retry Jorg. There had been 10 white and two black jurors which incited black activists and reinforced the views of the community, " ... "In the black neighborhoods we knew what was going to happen because nobody else has been convicted," she said, referring to the September acquittal of Officer Stephen Roach in the death of Timothy Thomas."

In 2005 the Hamilton County Prosecutor was asked to reopen the case by a Cincinnati Council Member but he refused saying there was no new evidence.

On March 17, 2006, the city and Owensby family reached a $6.5 million settlement after a federal judge awarded a summary judgment, finding police had violated Owensby's civil rights by failing to provide medical care. Status of main officers involved Internal hearings by Cincinnati police began into whether seven officers involved in the Owensby death should be disciplined. The officers were accused of, "... improper use of force, failure of good behavior and neglect of duty."

Caton later won his arbitration case against the decision to have him fired for "failure of good behavior" and was eligible to work for the police force again. He was promoted to lieutenant in early 2016. until mid-2003. He later moved from Cincinnati and is currently a Lutheran Church–Missouri Synod pastor in Pennsylvania.

Jorg wrote 13 Minutes, a book describing what happened from his own point of view.

Documentary In 2014 a documentary Cincinnati Goddamn directed by Paul Hill, April Martin was released. The documentary "is about police brutality, institutional racism, and the power of grassroots activism in Cincinnati, Ohio."