COLUMBUS— Ohio Attorney General Dave Yost today announced that the Bureau of Criminal Investigation (BCI) has referred the investigation of the April fatal officer-involved critical incident at Mount Carmel St. Ann’s Hospital to Franklin County Prosecuting Attorney Gary Tyack.
BCI updates the public on the progress of such cases to be as transparent as permissible under the law, respecting the competing needs for fair and legal due process.
BCI investigations of officer-involved critical incidents seek the facts and circumstances of an incident and include no determinations of fault. The legality of the actions involved is determined by the prosecutor and/or grand jury.
BCI Case # 2021-0888
On April 12, 2021, a fatal officer-involved critical incident occurred at Mount Carmel St. Ann’s in Westerville involving Miles Jackson and law enforcement officers from the Columbus Division of Police, Westerville Division of Police and St. Ann’s Security Department.
BCI’s investigation included, but was not limited to, the following investigative activities in an effort to thoroughly and accurately locate and document all pertinent facts and circumstances regarding the incident:
Processing the crime scene for potential evidence, including photographing, searching, measuring, documenting and collecting evidence.
Interviewing 28 law enforcement officers and 17 civilian witnesses.
Analyzing multiple evidence items in the laboratory, including firearms, bullet casings and projectiles.
Reviewing available camera footage of the incident from body cameras and video surveillance footage.
Evaluating training and personnel records of the involved officers.
The investigation has been referred to Franklin County Prosecuting Attorney Gary Tyack’s office. Additional investigative work may be completed by BCI at the direction of the prosecutor.
How the Process Works
BCI investigates potential crimes when requested to do so by a law enforcement agency or prosecutor, per Ohio Revised Code Section 109.54. This request can be made to BCI’s superintendent or by a memorandum of understanding.
After the investigation is completed, the investigative report is provided to the prosecutor’s office and, with the prosecutor’s approval, to the requesting agency. Those entities may then use the findings to determine the appropriateness of the officer’s actions.
As a fact-finding agency, BCI does not determine whether a use of force was legally justified, nor does it make recommendations regarding charges and/or the appropriateness of the use of force. Those decisions rest with the prosecuting attorney and/or grand jury.
Additionally, BCI’s investigations are not administrative, meaning they do not address any potential policy or procedural violations. BCI is not involved in any decisions pertaining to internal discipline or the involved officer’s return to work.
At the conclusion of any court process and when the case is deemed closed, BCI’s investigation (or portions thereof) may be subject to public release under Ohio Sunshine Laws.
To date in 2021, BCI has been requested to investigate 46 officer-involved critical incidents.