Officers testify shooting was justified

TOLEDO, Ohio (WUPW) - Witnesses called up by the defense testified that Ottawa Hills police officer Thomas White was justified in the shooting of Michael McCloskey in May 2009.

The state rested their case Wednesday in Lucas County Common Pleas Court. The defense called a number of witnesses, all members of law enforcement, to testify.

Each witness said it wasn't one event that made the shooting right, but a series of events that lead up to Officer White's shooting of McCloskey that made it justified.

The motorcyclist was left paralyzed from the waist down as a result of the May 2009 shooting.

Two expert witnesses, Columbus police officer James Scanlon, who shot a suspect in the past, and former FBI agent Urey Patrick, took the stand.

Officer Scanlon is a 31-year veteran with the Columbus Police Department. Patrick is a retired FBI special agent, Princeton graduate, and has taught courses in crisis management, judgmental shooting, and arrest procedures at the FBI Academy in Quantico, Va.

The video of the incident was played again for the jurors.

Both testified that if they where in Officer White's position they would have assumed the motorcyclists knew the cruiser was behind them. They assumed the cyclists were coordinating a plan while stopped for several seconds at a stop sign before gunning their engines at a high rate of speed.

Seconds later, the two cyclists split up.

In their opinion, a string of events, paired with McCloskey not making his hands visible to the Ottawa Hills officers, made this shooting justified.

"If McCloskey turned off the bike and raised his hands on the handle bars this wouldn't have happened," said Urey Patrick, former FBI agent, testified.

When Scanlon was asked if he would use this shooting video for training purposes, he said he would. Officer Scanlon would show the video to officers an example of a justified shooting.

It's still unknown if Officer White will take the stand in his own defense. If he does, that would more then likely take place Thursday, on day four of the trial.

Officer White plead not guilty July 15, 2009, to a felony assault charge stemming from a May 23, 2009, incident on Indian Road near Central Avenue where he and another officer chased and shot at two motorcyclists.

The Ottawa Hills police officer allegedly shot Michael McCloskey in back.

McCloskey was shot in the back and underwent surgery at Toledo Hospital. Family members said he was returning home from work early Saturday morning, May 23, 2009 when he was shot.

The other motorcyclist was charged with OVI, operating a motor vehicle with a suspended license, and fleeing from police.

When both motorcyclists stopped in different spots, investigators said Officer White shot McCloskey. The gunshot left him paralyzed from the waist down.

Officer White faces 11 years in jail if convicted.