PRESS RELEASE, 1/23/2018

Hamilton County Prosecutor Joseph T. Deters files request for temporary restraining order to delay citizen complaint authority hearing

Today, Hamilton County Prosecutor Joseph T. Deters announced that his office filed a Motion for Temporary Restraining Order (“TRO”) against the Citizen Complaint Authority (“CCA”) seeking a delay on one of their cases.

On March 12, 2017 Cincinnati Police Officers Kenneth Grubbs and William Keuper responded to a residence on Gilbert Avenue at approximately 12:13 a.m. in regard to a domestic violence incident.   When they arrived, Officer Grubbs encountered Damion McRae who matched the description of the suspect for whom they were looking.  The suspect approached the officer with a 9mm rifle concealed at his side and shot Officer Grubbs.  Officer Grubbs was able to return fire.  Officer Keuper saw his partner get shot and immediately began returning fire.  McRae continued to reach into his pockets despite police orders to the contrary.  

McRae was eventually arrested at the scene and later indicted on 2 counts of Attempted Murder (Felony 1), 3 counts of Felonious Assault (Felony 2), 2 counts of Weapon under Disability (Felony 3), 1 count of Carrying Concealed Weapon (Felony 4) and 1 count of Assault (Misdemeanor 1).  His case is currently set for February 15th at 9:00 a.m. in front of Hamilton County Court of Common Pleas Judge Patrick Foley for a plea or trial setting.  The case has been continued 10 times at the request of the defendant.

The two Cincinnati police officers involved in this case were originally scheduled for CCA interviews on January 30th and February 1st.

The Request for TRO filed today sought to delay the CCA interviews until after the conclusion of the criminal case.

The City of Cincinnati agreed to delay the police interviews based on today’s filing in the Hamilton County Court of Common Pleas.  The matter is now set for review in front of Hamilton County Court of Common Pleas Judge Thomas Heekin in 30 days.

Prosecutor Deters commented, “We have tried to work with the city through these issues.  We are going to protect our witnesses, which includes Cincinnati police officers, until the criminal case is finalized.

Our concern is that the Citizen Complaint Authority hearing, which compels testimony by the officers, would compromise the prosecution of our criminal case.  Once the criminal case is concluded, the Citizen Complaint Authority can have their hearing.  My only goal is to make sure that the police in this case have their criminal case protected.”