Warren County prosecutor: 8 officers who fired shots in August incident acted appropriately

Eight law enforcement officers fired their weapons at a Middletown man during an Aug. 31 shootout in Warren County, and an investigation showed they acted appropriately, the county prosecutor said.

Prosecutor David Fornshell said “there was no legal or factual basis to pursue any charges against any of the involved officers” in the shooting incident in Turtlecreek Twp. that injured Christopher J. Hubbard. Hubbard was shot after leading police on a pursuit that started in the Middletown area.

Hubbard was indicted on 11 counts for allegedly trying to kill police officers in the incident. He is accused of shooting Middletown police Office Dennis Jordan and firing at other officers.

Jordan and Hubbard were shot shortly before 5 p.m. after a pursuit that began in the area of 18th Avenue in Middletown and ended in the 2600 block of Mason-Montgomery Road in Turtlecreek Twp.

Jordan was shot in the arm, finger and right leg. He was released from the hospital a day later and returned to light duty.

Hubbard, 36, received multiple gunshot wounds when eight officers returned fire, according to officials. He was released from University of Cincinnati Medical Center and is now back in prison on a probation violation.

Fornshell said Hubbard shot first, striking Jordan, and eight officers returned fire. Hubbard was hit between 10 and 13 times. Video evidence made the sequence of events clear, he said.

While he cannot legally say what was presented to the grand jury, Fornshell said he made the decision to not present cases against the officers.

“(Jordan) was struck, it appears, before the other law enforcement officers fired,” Fornshell said. “Officer Jordan goes down, and as he’s going down, that’s when the other officers began to exchange fire with Hubbard.”

Fornshell said Monday that Hubbard has been indicted for attempted murder and felonious assault for allegedly shooting Jordan, attempted aggravated murder and felonious assault for allegedly shooting at Butler County Sheriff’s Deputy Mike Barger and attempted aggravated murder and felonious assault for allegedly shooting at Ohio State Highway Patrol Trooper Brett Lee.

Those charges also carry firearm specifications, which can add three to seven years to the sentence if Hubbard is found guilty. He also was indicted for two counts of having weapons under disability, failure to comply, improper handling of a firearms in a motor vehicle and a second-degree misdemeanor charge of assaulting a police dog.

Jordan’s dog, Koda, attempted to apprehend Hubbard while he sat in a the car. The police dog was not hit by gunfire.

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Christopher J. Hubbard OHIO DEPARTMENT OF REHABILITATION ANC CORRECTION

Christopher J. Hubbard OHIO DEPARTMENT OF REHABILITATION ANC CORRECTION

Combined ShapeCaption
Christopher J. Hubbard OHIO DEPARTMENT OF REHABILITATION ANC CORRECTION

Fornshell said Hubbard faces a maximum sentence in excess of 60 years in prison if convicted.

The chase and shooting incident, which as caught on video by cruiser cameras, was investigated by the Ohio Bureau of Investigation because there were multiple jurisdictions involved. The Ohio Highway Patrol, Butler County Sheriff’s Office and Fairfield Police Department also had a part in the incident.

Hamilton police detectives were attempting to find Hubbard because he had an open parole violation and he was wanted for questioning in an ongoing homicide investigation, Fornshell said. They did find him and attempted to make a traffic stop. Hubbard then fled from the traffic stop and Fornshell said that’s when the pursuit began.

Five Butler County deputies, one Middletown officer, one Fairfield officer and one trooper exchanged gunfire with Hubbard, according to Fornshell. Jordan did not fire his weapon.

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