Heck: Grand jury review of Dayton police in mass shooting ‘clearly unnecessary’

Montgomery County Prosecutor Mat Heck Jr. has decided not to present the fatal police shooting of the Oregon District gunman to a grand jury, citing the overwhelming evidence that the officers acted in self-defense and to protect the public.

In a Jan. 15 letter to Dayton police Chief Richard Biehl, Heck said his office usually presents fatal shootings involving police officers to the grand jury for review, according to a copy of the letter obtained by the Dayton Daily News on Tuesday afternoon.

But Heck wrote that the facts and evidence of this case so clearly demonstrate that the Aug. 4 shooting and killing of Connor Betts was justified that it would be a waste of time and resources.

“Furthermore, reviewing this case would require that the victims’ survivors and those victims shot or otherwise injured, as well as the police officers involved, to relive the ordeal, which is clearly unnecessary,” Heck wrote.

RELATED: Remembering the Victims | 2019 Dayton Oregon District Mass Shooting

Heck said he along with the chief of the criminal division and a member of the violent crimes bureau completed a careful review of all the relevant evidence.

Heck said they reviewed police reports, witness statements, coroner reports, lab reports and video evidence.

Heck said it is absolutely clear that Dayton police officers Brian Rolfes, Jeremy Campbell, Vincent Carter, David Delinger, Ryan Nabel and Sgt. William Knight shot and killed Connor Betts in self-defense and to save others.

“In this case, where the facts and circumstances are so clearly known, even by anyone who has only seen or read the news accounts, taking this case to a grand jury for review would serve no legal purpose, would be a waste of resources and a waste of grand jury time,” the letter states.

RELATED: Oregon District mass shooting

Heck said his office found that the six police officers all acted “responsibly, in self-defense and in the defense of others.”

Heck said his criminal investigation and review of the case is closed.

In a statement, Chief Biehl said: “We are very fortunate our officers were able to respond as quickly as they did to keep this tragedy from being exponentially worse. The officers acted without hesitation and at great personal risk, and for that, our community is grateful.”

Biehl said Dayton police and federal partners continue to investigate the shootings.

“No additional information will be released until that investigation is complete and any criminal cases related to it are closed,” he said.

In early morning of Aug. 4, Betts, 24, opened fire in front of Ned Peppers bar on East Fifth Street, killing nine people, including his sister, Megan, and injuring 27 others as he attempted to enter the bar. Within 30 seconds of opening fire, the six officers shot the gunman.

The other victims are Monica Brickhouse, 39; Nicholas Cumer, 25; Derrick Fudge, 57; Thomas McNichols, 25; Lois Oglesby, 27; Saheed Saleh, 38; Logan Turner, 30; and Beatrice Warren Curtis, 36.

Betts was wearing a bulletproof vest and used an AR-15 like weapon in the shooting, police said, adding that he had up to 250 rounds of ammunition on him.

Betts’ former schoolmates have said seemed be obsessed with violence and displayed violent behavior. He pulled a gun on a friend, put a knife to another classmate’s neck and attempted to choke another. He also compiled rape and kill lists of classmates, friends have said.

He also told one former classmate who spoke on condition of anonymity that he fantasized about tying her up and slitting her throat. The fetish was so macabre that even the shooter admitted he was scared of his thoughts, the woman recalled him saying.

The area, particularly the Oregon District, continues to heal from the shooting. The six officers were recognized by the White House for their heroics.

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