Special prosecutors selected in fatal Columbus police shooting of Donovan Lewis

Franklin County Prosecutor Gary Tyack has selected the special prosecutors who will present to a county grand jury the case of a Columbus police officer who fatally shot 20-year-old Donovan Lewis while serving an arrest warrant Aug. 30 at his Hilltop apartment.

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

The appointment comes after the Ohio Bureau of Criminal Investigations (BCI) has turned over to the prosecutor's office the report from its independent investigation into Columbus K-9 officer Ricky Anderson's fatal shooting of Lewis.

Anderson, a 30-year veteran fatally shot Lewis once in the abdomen while Anderson and other officers were trying to arrest him on felony and misdemeanor warrants.

The two special prosecutors will review the BCI investigative report and present the case to a Franklin County grand jury to determine whether or not probable cause exists to support criminal charges against Anderson.

Anderson has been on paid leave since the shooting.

Fatal police shooting of Donovan Lewis: What we know

Rebecca Duran, Donovan Lewis' mother, said news of the appointment of the special prosecutors was "one step in the right direction," but said that the family feels like they "are at the mercy of their process to process our grief."

Duran told The Dispatch she is tired of being applauded for her patience when what she feels is really powerlessness.

"Everyone, including the mayor, promised transparency but don't return my calls and haven't done anything yet," Duran said.

Full video: Columbus police body camera footage of Donovan Lewis shooting

What does the body camera footage show?

Columbus police body camera video shows Lewis did not respond to officers who began knocking at the door of his apartment on the 3200 block of Sullivant Avenue shortly after 2 a.m. Officers were repeatedly knocking for eight to 10 minutes and identifying themselves as police.

One of two other young men in the apartment finally answered. Those two men, who have not been identified or charged, were detained in handcuffs outside the second-floor apartment at the three-story building.

Police, including a K-9 and his handler, Anderson, went into the apartment. Police warn that they will release the dog, and do so. A "whoa" sound is barely audible inside the apartment as the dog turns a corner, and then waht sounds like a door closing can be heard. Anderson leashes the K-9 again as he and a sergeant approach the closed bedroom door where Lewis is inside. Anderson opened the bedroom door as the other officer yelled "Hands."

Within a second of the door opening, Anderson leans into the doorway opening and shoots Lewis, who was sitting up in bed with what Police Chief Elaine Bryant said later turned out to be a vape pen in his left hand. Lewis was handcuffed, patted down and carried out of the apartment and downstairs to a grass area outside.

After Lewis was carried from the apartment, officers rendered medical aid, including performing CPR. Medics, who did not immediately respond despite being told three times to go straight into the scene, arrive several minutes later and took Lewis to OhioHealth Grant Medical Center, where he died at 3:19 a.m.

Who is Columbus officer Ricky Anderson?

Anderson's personnel file largely contains Division of Police commendations and awards that Anderson has received, including the Silver Cross, Medal of Merit and several life saving awards, as well as several citations for "use of restraint."

However, The Dispatch reported in 2003 that Anderson was indicted on charges of theft in office for taking pay for guarding a bank when he wasn't actually on special duty there. He admitted to the theft in 2004 and completed a Common Pleas Court diversion program, which resulted in his record being cleared. He was later fired by the division over the theft.

A federal arbitrator reinstated Anderson in November 2004, saying the city should have given Anderson a 30-day suspension rather than terminate him.

Anderson has had 10 complaints filed against him during his 30-year career, according to his police Internal Affairs Bureau history.

The new Columbus Inspector General will also review the shooting and report to the Civilian Police Review Board, which can make recommendations to the Division of Police on internal administration action.

Why was Donovan Lewis wanted by Columbus police?

Police obtained multiple warrants for Lewis, who was wanted on a felony charge of improper handling of a firearm, a misdemeanor probation violation and misdemeanor charges filed in connection with an Aug. 10 domestic violence and assault incident involving Lewis' girlfriend, court records show.

Previous coverage: Family's lawyer Rex Elliott criticizes Columbus officer

Did Donovan Lewis have a gun?

A search warrant return filed by Columbus police in Franklin County Municipal Court listing what evidence was collected from Lewis' apartment shows no firearm was found in the apartment.

The search warrant return shows that two items were collected by BCI. One item is the black vape pen that is seen in the body camera footage in Lewis' hand and then laying on the bed after he is shot. The other is Anderson's spent cartridge casing that was found on the floor in the doorway to the bedroom from where the officer fired.

@Colebehr_report

Cbehrens@dispatch.com

This article originally appeared on The Columbus Dispatch: Special prosecutors to present Donovan Lewis shooting to grand jury