U.S.

Cincy Policeman Cleared

November 2, 2001 / 5:37 PM EST / AP

A white police officer was acquitted Friday of misdemeanor assault in the case of a black man who died last year after a struggle with officers.

A jury deliberated two hours before clearing Patrick Caton, one of two officers charged after Roger Owensby Jr.'s death.

Police had stopped Owensby on Nov. 7 to ask him about drug trafficking. Officers said he fled and that they wrestled him to the ground in a parking lot and handcuffed him. He died of asphyxiation while in custody.

The other officer charged, Robert Jorg, was acquitted Tuesday of misdemeanor assault. The jury was unable to reach a verdict on a felony charge of involuntary manslaughter, resulting in a mistrial. Prosecutors had not decided whether to retry Jorg.

In September, another white officer, Stephen Roach, was acquitted in the fatal shooting of an unarmed black man that led to three nights of rioting in the city last spring.

In Owensby's case, the coroner ruled the death a homicide, saying asphyxiation could have been caused by a choke hold or the weight of officers piling on and smothering Owensby.

Caton's attorney, Merlyn Shiverdecker, told reporters he thought the deciding factor for jurors was that there were conflicting stories about what happened during the struggle.

"He is relieved," Shiverdecker said of his client. "This was the first time for him to tell his story, in the courtroom."

Caton could have faced six months in jail if convicted.

Hamilton City Prosecutor Ernest McAdams Jr. left the courtroom without commenting.