COLERAIN TWP., Ohio — A decide deemed Joseph Van Niman, 42, incompetent to face trial on Wednesday as he faces 12 costs tied to his alleged participation in a shootout with police on the Kroger in Colerain Township on Might 29, based on courtroom paperwork.
Van Niman was ordered to bear remedy.
In response to courtroom paperwork, the decide mentioned “There’s a substantial chance that he [Niman] will develop into competent inside, in a single (1) 12 months if offered a course of remedy.”
Van Niman faces a number of costs for the Kroger shootout together with tried homicide, felonious assault and inducing panic.
On Might 29, Van Niman and Colerain Township police exchanged hearth at a Kroger retailer, first outdoors the shop after which inside, based on Colerain Township Police Chief Ed Cordie. On the finish of the shootout, Van Niman was hit by an officer’s bullet and a bystander was damage; each had been taken to the hospital, officers mentioned.
Hamilton County Prosecutor Melissa Powers advised us that Van Niman misplaced his proper eye when he was shot by police.
Powers mentioned officers had been conducting a drug investigation within the space of Colerain Avenue and Springdale Highway after they noticed Van Niman participate in a drug cope with a recognized drug trafficker.
Officers then adopted Van Niman into the car parking zone of the Kroger retailer, and after they requested “Hey, come right here for a second,” he turned towards officers with a gun and “took a taking pictures stance,” Powers mentioned.
You’ll be able to watch the physique cam of the shootout under. NOTE: This video could also be arduous to observe:
RAW BODY CAM: Shootout at Kroger grocery retailer
Van Niman then bumped into the shop and took cowl earlier than exchanging gunfire with officers, Powers mentioned.
Physique digicam footage confirmed officers firing by means of the sliding entrance doorways at Van Niman whereas he stood contained in the Kroger with bystanders behind him. Surveillance video from Kroger confirmed these bystanders taking cowl behind shows and working away as Van Niman entered the entrance of the constructing.
Throughout the shootout, Powers mentioned Van Niman tried to maneuver additional into the shop and was hit within the eye by one of many officer’s bullets. He was then positioned in custody, and officers started life-saving measures, Powers mentioned.
Powers mentioned the harmless bystander, who has not been recognized, was “struck by shrapnel” through the shootout, presumably from a ricocheted bullet.
Powers mentioned that the bystander was one of many civilians hiding close to the entrance of the shop, who may be seen within the surveillance footage. That particular person was transported to the hospital.
Officers haven’t mentioned whether or not the bystander was damage by Van Niman or by officers concerned within the shootout.
Powers mentioned officers engaged within the shootout had been cautious to solely take pictures at Van Niman when there have been no different individuals behind him.
“When everybody else’s intuition is to run for his or her lives, these officers ran within the route of hazard to save lots of others,” Powers mentioned. “They’re devoted to serving and defending everybody in our group and they need to be counseled for his or her bravery and heroic actions that day in saving numerous lives. I imply you’ll be able to simply solely think about what this will likely have become and we’re very lucky the top consequence that we now have immediately.”
The Hamilton County Prosecutor’s Workplace introduced on June 6 that officers concerned within the shootout is not going to face felony costs.
It is nonetheless undetermined what number of pictures had been fired by officers in the middle of occasions, Powers mentioned; dozens of pictures may be heard within the physique digicam footage, nevertheless. Van Niman was hit by only one, Powers mentioned.
Officers haven’t launched any data on what number of pictures Van Niman could have fired at officers that day.
Powers mentioned Van Niman has been charged up to now in different states with crimes related to assaulting a police officer and violently resisting arrest.
Van Niman will likely be taken to Summit Behavioral Healthcare by a sheriff to obtain remedy for not than one 12 months.
