COLUMBUS, Ohio — A federal jury has sided with two Columbus police officers named in a wrongful death lawsuit in the fatal shooting of Henry Green.
A jury determined Zach Rosen and Jason Bare did not use excessive force in the June 2016 shooting.
The trial was the second to be heard by a federal jury after a mistrial was declared in the first back in November. In that trial, the judge said the jury couldn't reach a verdict in the case.
Rosen and Bare were working undercover when they said spotted Green with a gun at the corner of Duxberry Avenue and Ontario Street.
The officers said they identified themselves and told him to drop his weapon. Green’s family and a friend with him said police didn’t identify themselves.
Court documents state Green shot at the officers, who then returned fire.
According to a coroner's report, Green was shot seven times in his chest, elbow, thigh, hip armpit and both forearms. The report said the chest wound caused his death.
In 2017, a grand jury in Franklin County declined to bring charges against the officers. An internal review by Columbus police found that the officers acted within policy.
Adrienne Hood, Green’s mother, filed a wrongful death lawsuit in 2019 which was later dismissed.
She then filed an appeal, alleging that Bare and Rosen continued to shoot at Green after he was already going to the ground.
In September 2020, an appeals court ruled the case against the officers was allowed to proceed.
Columbus City Attorney Zach Klein statement
“The City Attorney’s Office takes seriously all use of force cases, especially those that result in a tragic loss of life. The past five years have undoubtedly been hard for all of those involved, and we’re grateful for the judge and the two juries who devoted the substantial time and attention required to fully understand, deliberate, and ultimately decide this case. We respect the decision delivered.”
Sean Walton, Adrienne Hood 's attorney, statement
"We're obviously disappointed with the jury's decision. We don't feel that it is reflective of the eyewitness, scientific and circumstantial evidence presented against Officers Bare and Rosen. ... This civil trial was the first that the city has had to defend for a police shooting in 15 years and that in itself provides hope and optimism that accountability is on the horizon."
Fraternal Order of Police Capital City Lodge #9 President Jeff Simpson
"We respect the decision of the Federal Jury, who weighed all the evidence and unanimously found that Officer Rosen and Officer Bare were to have not violated the civil rights and did not commit an act of excessive force upon Mr. Green."