Toledo Talk

Ottawa Hills officer's conviction overturned in motorcycle shooting

In a 2-1 opinion, the appellate court reversed the verdict and remanded it back to common pleas court for a new trial, saying that the jury was not given proper instructions of law. The court also dismissed the gun specification with prejudice meaning even if the case is retried, White can not be charged with the additional specification.

Full article:

http://www.toledoblade.com/Courts/2013/01/11/Ottawa-Hills-officer-conviction-for-2009-felonious-assault-reversed.html

created by mom2 on Jan 11, 2013 at 12:10:31 pm     Legal     Comments: 21

source      versions


Comments ... #

please tell me this cop hasnt been on paid leave all this time...

posted by billy on Jan 11, 2013 at 12:21:31 pm     #  

WOW!!! I must admit this is a shocker.

posted by Star56 on Jan 11, 2013 at 12:26:18 pm     #  

I'm shocked if he's even in the US. He used to live across the street from me, and his house was vacant from shortly after his conviction.

posted by Anniecski on Jan 11, 2013 at 12:46:20 pm     #  

He's still free and the poor soul he shot is still paralyzed. Something isn't kosher about this. Legal beagles on this thread, explain this me in plain language please.

posted by jackie on Jan 11, 2013 at 02:36:50 pm     #  

Jackie -

Basically they said the jury didn't have all of the information they needed to make a fair ruling and the prosecutors are free to charge him again, with the exception of the added penalty for using a gun, which was from a law that was not designed to be used in these circumstances.

posted by taliesin52 on Jan 11, 2013 at 03:51:59 pm     #  

I'm not surprised. At the end of the day this no good trigger happy piece of debris is a cop. Anyone and any thing involved in the law enforcement industry will help protect him. I suspected that the entire farce would end this way when the judge allowed White to remain free on bail from the time he was charged.

White should be doing 25 to life in a maximum security prison.

posted by madjack on Jan 11, 2013 at 05:17:45 pm     #  

The explanation makes sense taliesin52, but the whole thing still stinks. I'm sure the Judge was not happy about being overturned in his application of the law. And I'm equally sure Mike and his family are really wondering if he will ever get justice.

I generally support law enforcement. But in this case I see it at its very, very worst.

posted by holland on Jan 11, 2013 at 09:20:38 pm     #  

The cop made a horrible mistake in the heat of the moment. I feel for him too. Maybe the motorcycle guy should not have tried to flee. I think he made a horrible mistake also and shares the blame equally.

posted by AmericanPie on Jan 12, 2013 at 11:34:14 am     #   1 person liked this

AmericanPie posted at 11:34:14 AM on Jan 12, 2013:

The cop made a horrible mistake in the heat of the moment. I feel for him too. Maybe the motorcycle guy should not have tried to flee. I think he made a horrible mistake also and shares the blame equally.

That cop didn't make a mistake. Thomas White shot Michael McCloskey on purpose. White is completely unrepentant.

McCloskey did not try to flee White. If he had, he would have been long gone. When he heard that no good son of a two dollar whore the cop behind him, he turned around to look. When he turned back, White shot him in the back and then let him lie on the street with a hot motorcycle lying on his leg, leaking gas in the vicinity of a red hot exhaust.

White should be in a maximum security prison doing 25 to life.

posted by madjack on Jan 12, 2013 at 01:13:09 pm     #   2 people liked this

"White should be in a maximum security prison doing 25 to life."

In gen pop, as well.

posted by anonymouscoward on Jan 12, 2013 at 02:42:39 pm     #  

This isn't the end of the road for Officer White.

The video of the shooting will be played at the second trial.

And I'm sure the jury will feel the same revulsion.

And you can bet jury instructions will be airtight.

posted by oldhometown on Jan 12, 2013 at 07:33:50 pm     #   1 person liked this

It's such bullshit. How much do you have to know to realize that it's wrong to shoot an unarmed man in the back??

You can bet, if someone, even armed, broke into your home, and you shot them in the back after they were out the door, your ass would be in deep shit.

IMHO, white was a poorly trained, pathetic little pansy who became a big man in his mind when he got that badge and gun.
Some people just don't have the temperment to be police officers.

posted by JeepMaker on Jan 12, 2013 at 11:37:11 pm     #   1 person liked this

The case finally came to an end. I wrote about it here: White Walks, McCloskey Doesn't, which you can read on not as it amuses you. In bloody summary, McCloskey is now a born again Christian and has forgiven White. White accepted a plea bargain for a misdemeanor, was given a sentence of 90 days, suspended, one year probation, and ordered to surrender his peace officer certificate.

Which means that all this time White has been a certified peace officer, if you can believe it.

Here's a link to The Blade's article: Ottawa Hills Police Shooting Case Ends in Plea Agreement.

White has never done any jail time. He remains a free man, completely unrepentant, likely congratulating himself on a job well done.

posted by madjack on Jan 09, 2017 at 01:14:51 pm     #   2 people liked this

I think White was clearly overly aggressive in that situation, when you view the video tape. But the prosecutor went too far on charging him with a gun spec. If they had not done that, they would have gotten the conviction and he would probably still be in jail. The prosecutor should take the blame on this one.

posted by MsArcher on Jan 09, 2017 at 06:48:42 pm     #   1 person liked this

Jeff Lingo was reaching when he added the gun specification, and he knew it. I'd almost buy into a conspiracy on this one. White stayed out of jail during the appeals process so I kind of wonder if the entire show was designed to postpone the inevitable retrial for as long as possible. Had White been incarcerated (which he should have been), I think we'd be looking at a much different timeline and outcome.

What really gets under my skin is Thomas White's complete lack of any repentance for his abhorrent behavior.

posted by madjack on Jan 10, 2017 at 02:47:26 pm     #   2 people liked this

madjack posted at 02:47:26 PM on Jan 10, 2017:

Jeff Lingo was reaching when he added the gun specification, and he knew it. I'd almost buy into a conspiracy on this one. White stayed out of jail during the appeals process so I kind of wonder if the entire show was designed to postpone the inevitable retrial for as long as possible. Had White been incarcerated (which he should have been), I think we'd be looking at a much different timeline and outcome.

What really gets under my skin is Thomas White's complete lack of any repentance for his abhorrent behavior.

Agree 100%

posted by clt212 on Jan 11, 2017 at 08:10:05 am     #  

I always thought that instead of taking the 'justified fear for life' stance that he took, White should have admitted he was a nervous-@$$ rookie that panicked and had his finger on the trigger when he wasn't ready to shoot. (No other conclusion can be given based on the video - there was no need for him to come out of the car with his gun drawn on a traffic stop when the guy was just sitting on his motorcycle.) Jury would have bought that and let him off, IMO.

posted by MsArcher on Jan 11, 2017 at 10:43:02 am     #   1 person liked this

MsArcher posted at 10:43:02 AM on Jan 11, 2017:

I always thought that instead of taking the 'justified fear for life' stance that he took, White should have admitted he was a nervous-@$$ rookie that panicked and had his finger on the trigger when he wasn't ready to shoot. (No other conclusion can be given based on the video - there was no need for him to come out of the car with his gun drawn on a traffic stop when the guy was just sitting on his motorcycle.) Jury would have bought that and let him off, IMO.

You're probably right. I don't believe White was in fear of his life, I think he was angry because he wasn't getting the obsequious behavior he expected.

I think it was an AD, but White isn't a bit sorry he shot and paralyzed McCloskey.

posted by madjack on Jan 11, 2017 at 12:34:11 pm     #   3 people liked this

Checkrides are used in critical activities like flying an aircraft, replacing a hip, or driving an 18 wheel truck with a 50,000lb load. The ultimate fault lies with White's department for not verifying his capabilities. McCloskey is permanently in a chair and they are the ones who should be spending sleepless nights.

posted by Mariner on Jan 11, 2017 at 12:49:59 pm     #   2 people liked this

I think it was an AD

Me too.
No trigger discipline. The other cop and other perp were directly downrange of McCloskey when the shot was fired also.

posted by justread on Jan 11, 2017 at 01:11:57 pm     #   1 person liked this

Mariner: Nice point. I hadn't thought about it that way, but you're right.

JustRead: I'd forgotten that. I wonder if the other cop had anything to say to White about that little gun safety faux pas.

posted by madjack on Jan 11, 2017 at 08:09:51 pm     #   2 people liked this