An Ohio prison system firearms instructor is facing a negligent homicide charge in connection with the fatal shooting of Ohio prison Lt. Rodney Osborne at an April training session in Pickaway County.
Osborne's family is outraged that a Pickaway County grand jury decided to indict David Pearson for negligent homicide — a misdemeanor punishable by a maximum of six months in jail — instead of a felony that could lead to longer prison time if he's convicted.
The grand jury charged Pearson in connection with 43-year-old Osborne's death on April 9 at the Ohio Department of Rehabilitation and Correction training center, according to the Pickaway County Clerk of Court's website.
"It’s just disgusting. This is not justice. His life means so much more than a misdemeanor," Osborne's wife, Bobbie, told The Dispatch.
Bobbie Osborne said Pearson, a firearms instructor and special operations commander, was highly trained, as confirmed by his personnel file obtained by The Dispatch. Pearson must have made multiple bad decisions and ignored safety protocols, Osborne said.
Kevin Lennen, Pearson's attorney, told The Dispatch that he could not comment at this time as they're just beginning their investigation.
The Ohio State Highway Patrol investigated the shooting as a reckless homicide, according to records previously reported on by The Dispatch. Reckless homicide, a third-degree felony, could carry up to five years in prison.
"(Reckless homicide) is not enough either, but at least it would be something," Osborne said.
The grand jury's decision occurred July 12, but did not appear online until Thursday.
Lory Scarberry, Rodney Osborne's sister, said the family is devastated by the grand jury's decision. Besides his wife Bobbie, Rodney Osborne leaves behind three children.
"The prosecutor’s office says the jurors got it wrong, but there’s nothing they can do," Scarberry said.
According to Bobbie Osborne and Scarberry, the Pickaway County Prosecutor's office said they presented the grand jury on why the incident should be charged as reckless homicide and jurors deliberated for about 90 minutes. But the jurors split on the reckless homicide charge, according to Scarberry, and ended up indicting negligent homicide.
Pearson's arraignment is scheduled for Aug. 7 in Pickaway County Common Pleas Court. Municipal courts usually handle misdemeanor cases in Ohio, but Common Pleas Judge Randall Knece agreed to keep the case.
Rodney Osborne's family says they're still in the dark about what exactly happened the day he died. Two weeks after the shooting, the Highway Patrol released a heavily redacted incident report but has denied requests from The Dispatch and Osborne's family for more information.
Osborne suffered a single gunshot wound to the upper chest, according to autopsy photos reviewed by The Dispatch, possibly just above a bulletproof vest. After the shooting, colleagues performed CPR on Osborne and, instead of waiting for an ambulance, took him in the back of a pickup truck to Mount Carmel Grove City hospital where he was pronounced dead.
Osborne's family has hired Columbus attorney Mark Kitrick and is considering civil litigation.
“Shooting directly at a fellow officer at close range with live ammo is inconceivable and unforgivable,” Kitrick previously said. “You never pull a gun and point it at someone unless you have a deliberate intent to shoot it, which can cause injury or death.”
What David Pearson's personnel file says about firearms instructor
The Ohio Department of Rehabilitation and Correction previously placed Pearson on leave while the shooting was investigated.
According to Pearson's personnel file, the ODRC first hired Pearson in 2005. He moonlighted as an officer in Harveysburg, a shopping mall security officer in suburban Cincinnati and a hospital police officer at Kettering Health Hamilton. Pearson's personnel file includes an extensive list of training and certifications, and he's been a firearms instructor for at least a decade.
His file also includes numerous agreements he and other officers were required to sign before training sessions over the years that outlined general safety rules for handling a firearm and range safety rules.
jlaird@dispatch.com
@LairdWrite
This article originally appeared on The Columbus Dispatch: 'This is not justice': Family outraged over misdemeanor charge for Pickaway County shooting
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