Ex-Columbus police officer indicted with murder in 2022 shooting death of Donovan Lewis

A grand jury in Franklin County has indicted former Columbus K-9 officer Ricky Anderson on murder and reckless homicide charges in connection with the fatal shooting of Donovan Lewis inside his Hilltop apartment last year.

The indictment was filed Friday morning in Franklin County Common Pleas Court. A panel of nine people decided on the charges after special prosecutors appointed by Franklin County Prosecutor Gary Tyack's office presented evidence to them this week.

This comes a little less than a year after Anderson shot Lewis, 20, once in the abdomen after 2 a.m. Aug. 22, 2022, while there with other officers to arrest Lewis on multiple warrants.

Attorneys for Donovan Lewis' mother, Rebecca Duran, released a statement Friday morning:

“We are relieved that a grand jury concluded what we've known all along: Officer Ricky Anderson broke the law when he shot and killed an unarmed Donovan Lewis as he laid in his bed. CPD bodycam video showed this clearly and nothing has changed in almost a year."

Body camera video shows officers knocking on the apartment door for nearly nine minutes, without a response from Lewis; Anderson's K-9 searching the apartment; and Anderson opening Lewis' bedroom door before shooting once, less than a second later. Lewis was sitting up in bed and holding what Police Chief Elaine Bryant said later turned out to be a vape pen. No other officers fired their weapons.

The shooting sparked protests in the city. And for the past year, Lewis' family has called on prosecutors to quickly bring this matter before a grand jury.

"Although Mr. Lewis' family is pleased that his killer will soon face a jury of his peers, they are incredibly disappointed that it took so long to come to this conclusion in the first place," the statement by Duran's attorneys said. "Mr. Lewis' family understands that although there are many good officers doing their best to protect citizens, when an officer violates policy or breaks the law, they must be held accountable."

Anderson’s attorneys, Mark Collins and Kaitlyn Stephens, in a statement to The Dispatch, said they expected the indictment and are confident the evidence will show Anderson was justified in his use of force.

“This case is not about if Ricky Anderson made the decision to use deadly force, but why he made the decision to use deadly force," the statement said. "As we progress through litigation, the evidence will show that it was because he was justified in doing so.”

Anderson, 60, who was a 30-year veteran of the Columbus Division of Police, retired in March in bad standing due to ongoing criminal and administrative investigations into the fatal shooting.

In a statement, Columbus police acknowledged the indictment and said they "will continue to fully cooperate with the Ohio Attorney General's Office and Franklin County Prosecutor's Office."

Anderson is scheduled to appear Monday afternoon in court, where he will be arraigned and a judge will set bond.

During a news conference Friday morning, one of Duran's attorneys, Rex Elliott, called on the justice system to swiftly hold Anderson accountable for his actions.

"Donovan Lewis was given a death sentence, and it's time for Ricky Anderson to be held accountable for what he did, as well," Elliott said.

"We understand that investigations are important, but the reality is that in cases like this, I think police officers and the city and anybody else on the other side of the fence here — they want delay; they want people to become numb to what happened."

In a statement, Fraternal Order of Police Capital City Lodge No. 9 Executive Vice President Brian Steel, a Columbus police officer, criticized the grand jury's indictment:

"While the grand jury plays an important role in our system of justice, the grand jurors only hear the evidence the prosecutor wants (them) to hear. There is no defense attorney, no cross examination, no judge, essentially no rules. An indictment is far easier to secure than a conviction, which may also explain why Franklin County Prosecutor Tyack appointed special prosecutors to this case — to save his office the embarrassment of another acquittal."

Lewis family's lawsuit against Anderson, other officers continues

Meanwhile, the family continues its efforts in its ongoing lawsuit filed in February against Anderson and the four other officers who were there, Elliott said. In the absence of a criminal case, a Franklin County judge ruled in June the civil case could proceed.

"We intend to proceed full steam ahead, right along with the criminal case because getting accountability on the civil side of things is as important as accountability on the criminal side," Elliott said, adding the family might even take another step. "We do believe that suing the city is right around the corner, particularly if the city doesn't do the right thing with regard to this family.

"This case is about Donovan Lewis, but it's also about making sure we make the changes that are necessary that no family ever has to go through this ever again," Elliott said.

Duran said she is grateful the grand jury "did the right thing."

"We were promised accountability; we were promised transparency; now is the time to step up and give us that," she said. "It's rough for all of us, for anyone that knew him. … I'm doing my best to keep it together, day by day. Bottom line is he should still be here, and I'm going to be grieving that for the rest of my life."

Columbus Public Safety Director Kate Pishotti released a statement on Twitter:

"The death of Donovan Lewis is a tragedy for all involved. We respect the process of fully independent investigations for police-involved shootings. The grand jury has spoken and now we must let this case work through the criminal justice system."

What criminal charges does former officer Ricky Anderson face?

According to the indictment, Anderson is charged under Ohio's felony murder rule, meaning he's accused of causing Lewis' death as the result of committing a felony, in this case, felonious assault.

The indictment charges Anderson with causing Lewis' death "as a proximate result of (Anderson) committing or attempting to commit an offense of violence that is a felony of the first or second degree, to wit: Felonious Assault."

Under count two, the charge alleges Anderson "did recklessly cause the death of Donovan Latrell Lewis."

A jury would be instructed to rule on each charge separately, said Robert Barnhart, a law professor at Capital University Law School.

"You start with your most serious one and then work your way down," said Barnhart a former grand jury prosecutor.

"You would tell the jury "I think we have enough evidence to charge the individual with intentional murder. However, you can also prosecute them for reckless homicide, a lesser offense."

If convicted of murder, Anderson faces a 15 years-to-life sentence plus a three-year gun specification.

The reckless homicide charge carries a nine-month-to-three years prison sentence, plus a three-year gun specification.

Past reporting: A timeline of the Columbus police fatal shooting of Donovan Lewis

What is a grand jury, and how does it work?

In Ohio, county grand juries decide whether there is enough evidence for somebody to be charged with a felony crime such as murder. Grand juries are made up of nine randomly selected registered voters in the county.

It is the policy of the Franklin County Prosecutor's Office to present all fatal shootings to a grand jury for possible indictment. And in recent years, the office has often brought in special prosecutors or the Ohio Attorney General's office to handle fatal shootings by local law enforcement.

Tim Merkle and Gary Shroyer, both former senior assistant Franklin County prosecutors, are being retained by Franklin County Prosecutor Gary Tyack's office to act as special prosecutors on this matter.

The shooting was investigated by the Ohio Attorney General's Bureau of Criminal Investigations.

Dispatch reporter Dean Narciso contributed to this report.

jlaird@dispatch.com

@LairdWrites

This article originally appeared on The Columbus Dispatch: Ex-Columbus cop Ricky Anderson indicted in Donovan Lewis death