DAYTON, Ohio (WDTN) – The Montgomery County Grand Jury voted Tuesday not to indict two Moraine Police Officers in an October 2017 fatal shooting.
The Montgomery County Prosecutor’s Office said two officers responded to the Valleyview Village Apartments on Pinnacle Road on a report of loud music coming from a vehicle in the parking lot. The officers approached the vehicle and observed an unresponsive male inside the vehicle with a pistol with an extended magazine in his lap.
According to the Prosecutor’s Office, the officers called for backup and a ballistic shield. Once the additional officers arrived, the officers approached the vehicle and knocked on the windows in an attempt to awaken the occupant. The officers gave multiple commands to the occupant to show his hands.
The man in the car instead reached for and raised his firearm. Both Moraine officers fired their weapons at the man until he dropped his weapon.
The Prosecutor’s Office says the officers then immediately requested medics, pulled the man from the vehicle, and performed first aid. Once the medics arrived, they pronounced the man deceased. The deceased man was later identified as 23‐year‐old Jamarco McShann of Dayton.
Over two days, the Montgomery County Grand Jury heard evidence and testimony from 15 witnesses, including officers, citizens, and others. In an effort to hear all available evidence, everyone who could be identified as having information was summoned to testify before the Grand Jury.
The Montgomery County Prosecutor’s Office said the law firm handling the wrongful death and civil rights lawsuits in federal court against the Moraine Police Department was given the opportunity to provide additional names of witnesses. None were provided.
Upon consideration of all the testimony and evidence, the Grand Jury returned a no true bill, finding that the officers acted lawfully under the circumstances.