Here's what we know about all the investigations into the death of Ryan Hinton
The body camera is shaky. It is difficult, if not impossible, to tell where the gun was pointed. It is also challenging to judge the positions of all the officers in relation to where Hinton was. The whole incident took place in six seconds.
More: Cincinnati police: 12 fatal shootings since 2015, no criminal charges for officers
Advocates have called for transparency and a full review of the shooting, but so far, both officials and activists alike have asked the public for patience as the investigations take place. Here's what we know of all those efforts:
The Cincinnati Police Department is conducting two investigations: an administrative investigation by the internal affairs section and a criminal investigation by the homicide unit. The administrative investigation is focused on whether the department's policies or procedures were violated.
Police will gather all the evidence they would normally gather for any other homicide.
The investigators can interview all the police officers involved. If they are being questioned as part of the criminal investigation, the officers don't have to answer questions. But they can be compelled to answer questions for the administrative investigation under threat of discipline.
They will also have access to the prior records of the officers involved. The identity of the officers has not been made public.
When the administrative investigation is over, the chief and other leaders at the department will determine if there have been policy or procedure violations, and if so, they can discipline officers.
The homicide investigation is typically turned over to the Hamilton County Prosecutor's Office, where a decision will be made on whether any criminal charges should be filed.
Fanon Rucker, one of the attorneys representing the Hinton family, called it "a little outrageous" that Cincinnati police are investigating themselves.
Cincinnati's answer to the independent investigation question is usually the Citizen Complaint Authority.
The CCA was established as part of the Collaborative Agreement, which was a landmark contract between the city, the police and the community. The agreement came after the fatal shooting of Timothy Thomas and days of civil unrest.
The CCA is an "independent and impartial forum" for the investigation of serious interventions by police officers, according to the agency's website.
The CCA has subpoena powers. That means it can compel officers to submit to interviews and answer questions. The investigators can also gather their own evidence, interview witnesses and review evidence like body camera footage.
At the end of the investigation, the CCA could determine that an officer has broken the law, but usually, the agency will issue findings about whether or not policies or procedures have been violated.
The CCA will publish its findings and send them to the City Manager's Office, which has administrative power over the police department.
However, the CCAs' recommendations are not binding. The police and city manager do not have to follow through on them.
Rucker said the CCA is lacking solid leadership at the moment and questioned the agency's ability to tackle a case of this magnitude. An interim director was appointed in March 2024, but a permanent director has not yet been named.
Michael Wright and Fanon Rucker are among the lawyers at the Cochran Firm who are representing the Hinton family. They have not made any accusations against the officers involved in Hinton's death, but said they are fighting to get answers for the family.
Rucker said his firm's investigation is a civil matter rather than a criminal one.
Civil lawsuits never end in jail sentences. They typically end in fines or monetary settlements, and Rucker noted that the settlements in these cases can often involve changes to police policies and practices.
He said that the Collaborative Agreement itself came about, in part, due to civil lawsuits filed against Cincinnati.
Prior to filing a lawsuit, Rucker's access to evidence will be limited. He said his firm does hire private investigators and files public records requests. He said after a suit is filed, more documents and evidence can be accessed.
The burden of proof in civil court is different. In criminal court, prosecutors must prove things "beyond a reasonable doubt," but civil court juries only need a "preponderance of evidence." Rucker said that's like the difference between 99% sure and 51%.
The prosecutor's office will also likely do some of its own investigating into what happened, though the office typically collaborates closely with police.
Mark Krumbein has practiced law in Cincinnati for about 40 years. He said the prosecutor's office has investigators, typically retired homicide detectives, on staff. They can seek out witnesses and review evidence themselves.
But Krumbein warned that it is hard to predict how new Hamilton County Prosecutor Connie Pillich will proceed.
"This is the first time they've faced something of this magnitude, so it's hard to say how they'll handle it," he said.
After the investigations, it will be up to Pillich to press charges or not. She could decide on her own that nothing criminal happened, or she could take the case to a grand jury. Then a grand jury would decide whether or not to indict.
Dozens of agencies across Ohio call in the Bureau of Criminal Investigation to review police shootings. Some police departments even have a standing agreement with BCI.
BCI must be invited to investigate incidents. The Cincinnati Police Department has never asked the agency to investigate a fatal police shooting.
The bureau cannot, by law, declare whether an officer committed a crime or committed any wrongdoing. It cannot bring charges against officers.
BCI investigations are turned over to county prosecutors, who then decide if any crimes have been committed.
Cincinnati's police union president Ken Kober argued that the public would be even more frustrated with a BCI investigation.
"The reason that we handle this in-house is for transparency," Kober said.
If BCI was investigating, Kober said body camera footage and details about the incident wouldn't be released until the state finished its investigation.
This article originally appeared on Cincinnati Enquirer: A look at each investigation into the police shooting of Ryan Hinton
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