No discipline for Canton police officer over fatal New Year's Day shooting
CANTON − An internal review of the fatal police shooting of James Williams has concluded that officer Robert Huber did not violate any department policies by opening fire on Williams.
"The Use of Force Review Board has determined that the incident was within policy," according to a memorandum from Police Chief John Gabbard released publicly Wednesday. "I agree with that recommendation and find that officer Huber acted within departmental use of force policy."
As a result, Huber won't face any discipline from the city.
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A Stark County grand jury last month opted not to seek criminal charges against the officer.
Why did Canton police officer Robert Huber shoot, kill James Williams?
Williams, 46, was shot by Huber shortly after midnight on New Year's Day while Huber was investigating a report of gunfire in the 2300 block of 10th Street SW.
Williams was at his home, firing a Ruger AR-556 rifle skyward from behind his partially fenced patio. Huber arrived in his cruiser without lights or sirens and began patrolling the area on foot.
Huber saw Williams enter the house with the rifle and radioed dispatch for more officers. He was in front of the house waiting for backup when Williams went back outside and began shooting. Huber told investigators he instinctively ran toward the gunfire, and then he fired at Williams through the fence without warning.
Williams' wife Marquetta, their three children and two others were inside the home at the time of the shooting.
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Family members said Williams was ringing in the new year by firing a gun into the air. City officials and Ohio Attorney General Dave Yost have said Williams actions were illegal.
Colin Meeker, an attorney representing the family in a federal civil rights lawsuit, said Wednesday that he had just learned of the internal investigation's outcome.
"We're not surprised that the city would defend its own," he said, adding that a formal statement would be released later.
An attorney at the Baker, Dublikar, Beck, Wiley & Mathews law firm, which is representing Huber, was not available Wednesday for comment.
City officials share reasons for internal review findings
Mayor Thomas Bernabei shared a news release Wednesday along with the internal review summary and memorandums from the police chief, safety director and the Use of Force Review Board. In the release, Bernabei called Williams' death tragic and said his prayers go to the Canton man's family.
"I also offer my prayers to officer Huber and his family as well," he said. "Officer Huber, who was doing his job on patrol on Jan. 1, was placed in extraordinarily challenging split-second decision circumstances and acted through his training to confront and not walk away from an 'active shooter' incident and must now live with the trauma of this incident."
The Use of Force Review Board was comprised of the investigative division commander, patrol division commander, training bureau commander, a patrol shift sergeant, a patrol officer, and a city attorney. The board's role was to determine whether Huber acted within or in violation of department policies.
The board's policy discussion notes list several factors, including the loudness and rapid nature of the gunfire, for why a warning and de-escalation were "not feasible or even possible" for Huber to safely do in this situation.
"The board unanimously agreed that Officer Huber could have reasonably believed there was an imminent danger of serious physical injury or death to himself and acted reasonably in that regard," according to the notes about deadly force.
Gabbard's memorandum offers further explanation:
"For perspective, I want to begin with the fact that Officer Huber faced an active shooter. The concept of the active shooter has unfortunately become a regular topic in our nation over the past two decades. Subsequently, training in the engagement of active shooters has developed and evolved into standard practice in law enforcement. From every tragic incident across the country, lessons are learned and applied to that ever-improving training. The result of what has been learned and trained pertinent to this incident is recognition of the need for officers to immediately get to the shooter and stop the threat, even at great personal risk. This is different than situations that allow for drawn-out evaluations, attempts to de-escalate, even attempts to use different force options."
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Safety Director Andrea Perry's memorandum described a "thorough criminal investigation and internal review."
"There are those who will disagree with the outcome, and I respect their opinions," she wrote. "I encourage all who are interested in police accountability to review the publicly available BCI report and the Canton Police Department reports summarizing the internal review."
The Ohio Bureau of Criminal Investigation (BCI) report can be viewed at ohioattorneygeneral.gov/SpecialPages/Investigative-Documents.
Perry also stated that even though Huber's actions were appropriate, it doesn't lessen the tragedy.
"Our safety forces are dedicated to protecting the community and, unfortunately, they do not choose the situations they must face every day," she wrote. "Instead, they respond to what they encounter in order to protect the community and themselves, sometimes with deadly consequences. The real outcome in this case is that a life was lost and a police officer, though justified, will forever be burdened with the knowledge that his actions resulted in that loss."
Reach Kelly at 330-580-8323 or kelly.byer@cantonrep.comOn Twitter: @kbyerREP
This article originally appeared on The Repository: Canton officer Robert Huber will not face discipline in fatal shooting
