What to know about the special grand jury convening Monday on Jayland Walker's shooting

A special grand jury will convene Monday for the first time in Summit County history.

The grand jury's task will be to decide if the eight Akron officers who shot and killed Jayland Walker last June may have broken any laws.

If at least seven of the nine jurors say "yes," the officers will be indicted.

The grand jury’s decision will be watched nationwide, with protests expected that many fear could be more extreme than those that followed Walker’s shooting death last summer.

“It’s a pretty solemn duty,” said Susan Baker Ross, the presiding judge in Summit County Common Pleas Court whose duties include overseeing the grand jury.

Judge Susan Baker Ross speaks to the Beacon Journal about the grand jury process at the Summit County Courthouse, Tuesday, March 28, 2023, in Akron, Ohio.
Judge Susan Baker Ross speaks to the Beacon Journal about the grand jury process at the Summit County Courthouse, Tuesday, March 28, 2023, in Akron, Ohio.

The Ohio Attorney General’s Office, instead of the county prosecutor, will present the case to the grand jury.

Jayland Walker: What the state investigation of fatal Akron police shooting may reveal

Editor column: Why local journalists matter for covering the Jayland Walker case from beginning to end

Walker, 25, was shot on the night of June 27 more than 40 times by eight Akron police officers after a car and foot chase. He was unarmed, but police said he fired a shot from his car, and that a handgun was found in the vehicle.

The Ohio Bureau of Criminal Investigation (BCI), an arm of the attorney general’s office, investigated Walker’s shooting.

Grand jury: Akron preparing for grand jury in Jayland Walker's death to be seated April 10

Ohio Attorney General Dave Yost requested that Summit County Common Pleas Court convene a special grand jury to consider the case.

Judge Susan Baker Ross makes her way into the grand jury room at the Summit County Courthouse, Tuesday, March 28, 2023, in Akron, Ohio.
Judge Susan Baker Ross makes her way into the grand jury room at the Summit County Courthouse, Tuesday, March 28, 2023, in Akron, Ohio.

Akron leaders have been having meetings with churches and civic organizations to share information with the community in advance of the grand jury’s decision.

Jayland Walker: Akron police chief fields questions on Jayland Walker case in tense community meeting

Paula Jones, an Akron resident who attended one of the recent events, said the information was helpful.

“I think it was pretty evident in the room a lot of people did not know the process of the grand jury,” she said.

Here’s a look at how this special grand jury process will work, what grand juries do and what is expected to happen after the grand jury. Sources include Beacon Journal interviews, the city of Akron, Summit County Common Pleas Court, the Ohio Prosecuting Attorneys Association and the American Civil Liberty’s Union.

What's the difference between a regular grand jury and a special grand jury?

The special grand jury will consider only one case and will meet for a limited time to consider it.

How long will the special grand jury meet?

The special grand jury will meet for up to two weeks. Grand jurors in Summit County normally serve for two months.

How will the grand jurors be chosen?

Jurors will be chosen randomly from registered voters in Summit County.

How many people will be on the special grand jury?

A pool of 250 potential jurors were drawn. This is expected to be whittled down to about 100 who will appear on April 10. From this, 18 will be chosen, with nine being alternates.

What types of crimes do grand juries consider?

Grand juries consider felonies or serious crimes.

Are grand jury proceedings open to the public?

No, they are done in private. The only people present are the jurors, the prosecutor, witnesses and a court reporter. Alternate jurors are present while the grand jury is meeting and may be called on to replace jurors who are unable to perform their duties or are disqualified. When deliberations begin, only the nine grand jurors are present.

What happens during the proceedings?

The prosecutor presents evidence by making statements, showing physical evidence and soliciting testimony from witnesses. The prosecutor and grand jurors may ask questions.

Why is the process secret?

This is to protect the person accused from having his or her reputation sullied until they are charged with an offense. It also protects witnesses from being identified and potentially intimidated and helps ensure that the person who may be indicted doesn’t flee.

Jurors take an oath at the beginning of their service in which they pledge to keep their deliberations secret.

Grand Juror Oath by Stephanie Lawrence on Scribd

Where will the special grand jury meet?

Because the regular grand jury may still be meeting, the special grand jury will meet elsewhere in the Summit County Courthouse. Access to this area will be restricted.

A courthouse employee makes their way into the grand jury room at the Summit County Courthouse, Tuesday, March 28, 2023, in Akron, Ohio.
A courthouse employee makes their way into the grand jury room at the Summit County Courthouse, Tuesday, March 28, 2023, in Akron, Ohio.

Who will present information to the special grand jury?

Two assistant attorney generals will present information.

What are the reasons grand jurors may be excused?

Jurors may be excused if they are older than 75, have a medical condition that would make it difficult for them to serve, have a financial hardship, have a pre-planned, out-of-town trip, or are a caregiver for a young child or elderly person.

The special grand jury will be treated the same as regular grand juries in terms of excusals and other processes.

What is the standard for a grand jury to consider?

The grand jury must decide if there is probable cause that a crime was committed. This is lower than the “beyond a reasonable doubt” standard in a trial.

What happens after the grand jury has heard all the evidence?

The jurors then decide whether there is enough information to indict a person on one or more charges.

How many grand jurors are required to vote for an indictment?

At least seven out of nine.

Folders mark the spots of jurors in the grand jury room at the Summit County Courthouse, Tuesday, March 28, 2023, in Akron, Ohio.
Folders mark the spots of jurors in the grand jury room at the Summit County Courthouse, Tuesday, March 28, 2023, in Akron, Ohio.

What happens if this threshold isn’t met? What is a 'no bill?'

The grand jury then returns a “no bill,” which means the person isn’t indicted. This doesn’t prohibit the prosecutor from seeking an indictment from another grand jury, such as in a case if additional evidence is discovered.

Does the grand jury determine guilt, innocence or punishment?

No, these are determined after an indictment in court.

More: Summit County grand juror shares her experiences; insights come as state task force studies grand jury process

What is expected to happen after the special grand jury has concluded?

The Akron Police Department will do an internal investigation to determine if the officers violated any internal policies and procedures.

Community members have requested that the Department of Justice and FBI investigate the shooting.

Walker’s family may file a civil lawsuit against the city and officers.

Stephanie Warsmith can be reached at swarsmith@thebeaconjournal.com, 330-996-3705 and on Twitter: @swarsmithabj. Beacon Journal reporter Alan Ashworth contributed to this report.

Grand jury terms:

Defendant: The person accused of a crime.

Prosecutor: The person who represents the state.

Indict: To charge with a criminal offense, which starts court proceedings against the defendant.

True bill: The grand jury determines there is enough evidence to charge.

No true bill or no bill: The grand jury decides there isn’t enough evidence to charge.

Probable cause: A grand jury decides if there is sufficient evidence for a person to be indicted.

This article originally appeared on Akron Beacon Journal: Jayland Walker police shooting grand jury to meet Monday. What to know