Canton Mayor Thomas Bernabei stresses safety as police shooting case heads to grand jury

CANTON – The city is prepared for the possibility of protests when a Stark County grand jury decides whether or not to indict a Canton police officer who shot and killed 46-year-old James Williams on New Year's Day, Mayor Thomas Bernabei said Tuesday.

Citizens have a constitutional right to protest the outcome, but it must be done in a peaceful and safe manner, the mayor said when asked if the city is prepared for any community reaction.

"It is important that all citizens may freely exercise this right ― peacefully. Safety is paramount," Bernabei said in an email.

The city, he said, will be ready to protect people and property from dangerous or non-peaceful activity. He did not detail the specific preparations being made by the city.

Canton police chief:Internal review in James Williams shooting coming after grand jury

A grand jury is expected soon to decide the case of police officer Robert Huber, who shot Williams while responding to a call about gunfire on the city's southwest side. Williams was shot outside his home in the 2300 block of 10th Street SW minutes after midnight. He was firing an AR-15 skyward at the time, celebrating the New Year, according to his family.

Huber spotted Williams standing behind a partially fenced patio, and the officer immediately fired shots through the wooden fence, striking Williams.

Grand juries routinely review police-involved shootings in the county.

Stark County Prosecutor Kyle Stone has previously said he would personally present the case to the grand jury, which decides if there is enough evidence to support criminal charges.

Who will hear the James Williams shooting case?

The decision on whether Huber will face criminal charges or his actions are deemed justifiable will fall to a group of registered voters who make up the grand jury.

In Stark County, three grand juries each consisting of 14 people meet once a week for three months hearing potential felony cases.

If a case takes longer than one day to hear, it will be continued on the same day on the following week for as long as it takes for the case to be presented, according to Stark County Prosecutor's Office.

After a three-month term is up, three new grand juries are seated, similar to jury duty.

The Stark County grand jury typically hears 1,800 cases annually.

Understanding Stark County's grand jury process

Canton, Massillon, and Alliance municipal courts send over felony cases after a judge confirms there is "probable cause" for a grand jury review. Often, a defendant waives his or her right to a preliminary hearing and the case is bound over to the grand jury, said Christian Turner of Stark County Prosecutor's Office.

Grand jury hearings are held in secret and are not open to the public.

The Prosecutor's Office presents its case and may call upon witnesses or those involved to testify. Hearings do not have time restrictions, and may take as long as needed.

At the conclusion of a hearing, if there is enough evidence to support criminal charges, an indictment will be filed against the defendant.

If there is not enough evidence to support criminal charges, the individual will be no-billed, or not indicted, and the case would be dismissed.

The case could also be sent back to municipal court to face lesser misdemeanor charges.

Individuals also can face direct indictment, meaning the case skips municipal court and goes directly to a grand jury to expedite felony cases.

If an individual is indicted by a grand jury, an arraignment hearing is scheduled in Stark County Common Pleas Court so a trial can be set.

Canton Mayor Thomas Bernabei's message to community

Bernabei said the city and Police Department "recognize and support the constitutional right of all citizens to peacefully assemble and protest."

In addition to advising residents to be peaceful, he encouraged anyone planning to protest to use the city's permit system, "which allows for planning and increases safety. We value our relationships in the community and will work with any group to provide appropriate public space, barricades and any other support available to ensure safe events.

"For those planning dynamic events such as marches, other safety issues must be considered. Pedestrians marching in exercise of their right to protest must remain on sidewalks where available and respect the rights of motorists using the roadway. Vehicles and pedestrians participating in protests may not obstruct other vehicular traffic in the roadway or uninvolved pedestrian traffic on sidewalks."

Permits may be obtained by visiting https://www.cantonohio.gov/FormCenter/Public-Event-Forms-7/Public-Event-Application-52.

Reach Cassandra cnist@gannett.com; Follow on Twitter @Cassienist

This article originally appeared on The Repository: Canton mayor stresses peaceful response to grand jury decision