A judge has ruled that there is probable cause to prosecute the 911 caller in the John Crawford case.

Advertisement Judge: Probable cause to prosecute 911 caller in Beavercreek Walmart shooting John Crawford, 22, shot, killed by Beavercreek police Aug. 5, 2014 Share Shares Copy Link Copy

A judge has ruled that there is probable cause to prosecute the 911 caller in the John Crawford case.The 22-year-old Crawford from Fairfield was shot and killed by a Beavercreek police officer on Aug. 5, 2014, while holding a pellet gun inside the Beavercreek Walmart.Watch this storyPolice officers who were dispatched to the store, shot and killed Crawford.A portion of the 911 call in question follows:Caller: "My name is . He just pointed it at two children."Dispatcher: "OK, I do have officers there. So stay on the line with me, OK?"The caller reported Crawford was waving what appeared to be a rifle in the store. Police said he didn't obey commands to put down what turned out to be an air rifle taken from a shelf.The judge noted that video surveillance from the moment described by the caller did not match what the caller described to dispatchers.The 911 caller, who was interviewed by the Associated Press the day after the shooting, told investigators the gun looked like an assault rifle he personally owned, and he believed it was a real weapon because he didn't see an orange tip indicating it was an air rifle.In the next-day interview, the caller told the Associated Press that the man actually didn't point the gun at people but swung it around and flashed the muzzle at children.WLWT spoke with the attorney for Crawford, Michael Wright, who said, ultimately, “He should be held accountable for making this false alarm or making this call, but ultimately it was not him that pulled the trigger.”“People call 911 for all types of circumstances, that's why you have this charge, making a false alarm,” Wright added. “Officers know and they're trained to understand that people are mistaken, some people lie when they call 911, so ultimately it’s their responsibility.”The caller could be charged with calling in a false alarm, but it is unclear what might happen with the prosecution.A judge recommended the case be turned over to a prosecutor.If convicted, the 911 caller could spend up to six months in jail and pay a $1,000 fine.A grand jury declined to indict the two officers involved in the case. More than 18 months later, the Department of Justice investigation is still ongoing.“Ultimately, they have to show up, assess what’s happening and then determine the proper course of action. They can’t just show up and two seconds later someone is dead,” said Wright. “Had the police officers, when they showed up to the scene, had they assessed the situation they wouldn't have shot and killed John.”