Warren County prosecutor will not take Clearcreek Twp. police shooting to grand jury

·3 min read

Sep. 22—The Ohio Bureau of Criminal Investigation probe has cleared a July officer-involved shooting and the Warren County prosecutor has determined the use of deadly force was "objectively reasonable" and won't be presenting the matter to a Warren County grand jury.

Warren County Prosecutor David P. Fornshell announced that his office has concluded its investigation into the officer-involved critical incident that occurred on July 12 at 5945 N. Ohio 48 in Clearcreek Twp. which resulted in the death of Mark Evers and the critical injury of Clearcreek Twp. Police Officer Eric Ney.

"After careful review of all the facts and evidence, I have concluded that Clearcreek Township Police Department Officer Eric Ney did not utilize any physical force against Mr. Evers. I have further concluded that the application of the use of deadly force by Clearcreek Township Police Department Sergeant Nicole Cordero was objectively reasonable under the circumstances," Fornshell said.

Fornshell noted that the Warren County Coroner's Office concluded that Evers' cause of death was "multiple gunshot wounds". However, the coroner's office was unable to determine Evers' precise manner of death because, in addition to multiple gunshot wounds inflicted by Sgt. Cordero, Evers also suffered a self-inflicted gunshot wound to the head.

Clearcreek Twp. police Chief John Terrill said, "we're pleased with the outcome."

"Although it was unfortunate, everything was correctly within the law," Terrill said. "We feel for the Evers family and for our two officers who have gone through this."

He said the department will be reviewing the OBCI investigation report as well as looking at departmental policy issues. Terrill said he's have more comments and information on Friday. He also thanked the OBCI and Fornshell's office for their assistance in the investigation.

Ney was moved a few days ago from the intensive care unit to a rehabilitation unit at Miami Valley Hospital.

Terrill said the recent surgery was effective on officer Ney, who was shot in the face during a July 12 domestic incident.

Terrill said Ney is alert, is eating, and is getting help walking as he starts his rehab all over again. He said they are working on Ney's cognitive functions and that he still has blood clots in his chest in front of his lungs.

Ney was operated on about three weeks ago to patch a fracture in his skull and has been hospitalized for the past few weeks. Terrill said the surgery to plug the hole in his skull that allowed air to get into his brain was successful.

Ney was shot July 12 while responding to a domestic disturbance call in the 5900 block of north Ohio 48 in Clearcreek Twp. in Warren County. He and Sgt. Nicole Cordero arrived at the horse farm of Evers, who was using his Gator ATV to ram his wife's vehicle multiple times. Terrill said officers had been to the Evers farm in the past for neighbor disputes and that officers were aware he could be armed.

Evers, 65, eventually began talking with police, then suddenly fired two shots at Ney. Cordero returned fire, shooting Evers. Evers also shot himself, and died at the scene.

Ney initially was released from the hospital on July 20 but had to return for medical procedures to address blood clots and other complications stemming from the shooting.