More than nine months after the shooting death of Henry Green by two plainclothes Columbus police officers set off demonstrations at the courthouse and City Hall, a Franklin County grand jury decided Friday that the use of deadly force was justified.

The grand jury voted not to indict Officer Jason Bare or Officer Zachary Rosen for their actions in the June 6 shooting on a South Linden street.

Prosecutor Ron O'Brien said the grand jury heard "widely disparate stories" from 20 witnesses who testified over parts of four days this week. "They were not only conflicting versions, but substantially conflicting versions."

Some witnesses supported the officers' account that Green fired first and that the officers were justified in returning fire, while others testified that it was "an intentional shooting, without justification," he said.

Had the latter witnesses been seen as credible by the grand jury, "I believe an indictment would have been returned," O'Brien said. At least seven of the nine grand jury members had to agree that the officers actions were unjustified in order to return an indictment.

As O'Brien discussed the decision with reporters inside the Common Pleas Courthouse, about 150 protesters demonstrated outside.

They included Green's mother, Adrienne Hood, who said she wasn't surprised by the grand jury's ruling.

"I'm mad, understandably so, I'm mad," she said. "But probably more than that, I am really disappointed in this justice system that we are supposed to rely on as citizens of Columbus and citizens of this country. I am absolutely disappointed because what we have seen today is that the system is broken."

Jason Pappas, union president of Capital City Lodge No. 9 of the Fraternal Order of Police, said the grand jury made the right decision.

"The facts are the facts," he said. "The facts in this case are that the officers acted appropriately. They were under fire, they returned fire to save themselves, the lives of themselves and the lives of the public around them. They did the right thing at the right time in accordance with policy, training and the law and they were justified in doing so ... The grand jury felt the same way. It’s unfortunate, the whole situation, but Mr. Green caused his own death."

Those who testified included Bare and Rosen as well independent witnesses to the shooting, O'Brien said.

Bare and Rosen were wearing civilian clothes and patrolling in an unmarked SUV when they said they saw Green, 23, and a friend walking in the area of Duxberry Avenue and Ontario Street. The officers said they saw a gun in Green's hand and that he raised it toward their vehicle.

According to police, the officers jumped from the SUV, identified themselves as police, and ordered Green to drop his gun. Instead, police said, Green pointed his gun at the officers and fired. The officers returned fire.

O'Brien said Green fired six shots, Bare fired seven and Rosen fired 15. Green was shot seven times.

Christian Rutledge, who was walking with Green, has disputed the police account, saying Bare and Rosen gave no indication that they were officers and gave Green no time to react.

Within days of the shooting, protesters gathered outside the Franklin County courthouse complex and demanded an independent investigation. O'Brien said the case would be investigated like all other officer-involved shootings: by Columbus police detectives, with their evidence considered by a grand jury.

Ultimately, the prosecutor also requested outside assistance from the Ohio Bureau of Criminal Investigation and the Organized Crime Commission.

On Sept. 26, 2016, protesters at a Columbus City Council meeting expressed outrage at the officer-involved shooting deaths of Green and Tyre King, a 13-year-old who was shot Sept. 14, 2016 while fleeing a police officer after pulling a BB gun that looked like a real handgun.

Among the protesters' demands, in addition to requesting independent investigations of officer-involved shootings, was an end to the city's summer-safety initiative in which officers target areas that are hotspots for crime.

In February, Mayor Andrew J. Ginther announced that the initiative would remain and be expanded to a year-round effort, but with a focus on addressing some of the public concerns about how the police work is carried out.

To help the grand jurors deal with the conflicting testimony, Common Pleas Judge Stephen L. McIntosh read instructions to them about how to judge the credibility of witnesses, O'Brien said. The judge also read them excerpts of U.S. Supreme Court rulings that give "wide latitude" to officers in making the split-second decision to use deadly force.

Under those rulings, the actions of officers must be viewed from the perspective of "a reasonable officer at the scene" rather than someone who has the benefit of 20/20 hindsight, the prosecutor said.

Kristen Godfrey, 27, of Clintonville, one of those who came to protest Friday outside the courthouse, said she "tried to prepare because I kind of predicted there would be no indictment. I think we see it over and over.

"It's really hard as a black person, as somebody who has brothers, who has siblings, who are part of this community, it's really hard to see that happen again."

Another Clintonville resident, Deborah Crawford, 61, who is white, said she came to the protest because she feels there is a level of racism in the United States now that too many white people are unaware exists.

"I believe there are good police officers, and I believe the system is set up as a racist system," Crawford said. "The culture is racist. The degree of it, most white people really don't comprehend unless they were walking around in dark skin."

Columbus police tweeted: "As with all police-involved shootings, an administrative process (of reviewing the officers' actions) will commence now that the grand jury has issued its decision."

Mayor Ginther, in a statement, said the the integrity of the investigation and the presentation to the grand jury required withholding critical information until a decision was reached. Now that the grand jury has decided no charges are warranted, the mayor said the grand jury proceedings should be unsealed and all police investigation records "should be made public as soon as the law allows" for transparency.

"I am committed to working with all residents and the police to close the divide, focus on what unites us, and work toward building trust and giving hope and opportunity," Ginther said.

Columbus City Council President Zach Klein echoed Ginther's call for transparency and openness.

"That's the only way that we can have faith in the criminal justice system," Klein said in a statement. "Council remains committed to supporting initiatives that aim to minimize violence in our communities. My thoughts and prayers are with all who have been directly impacted by these events."

Tammy Fournier-Alsaada, 55, lead organizer with the People's Justice Project and one of the protesters, said she was hoping the grand jury decision would lead to charges and a court trial where all the facts would be presented publicly. She said she will come back to the courthouse to show solidarity and protest for justice for Tyre King.

"And we'll keep calling for justice. And we'll keep fighting. And we'll mourn together. And we'll cry together. And we'll celebrate together."

jfutty@dispatch.com

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mhuson@dispatch.com

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