CINCINNATI — The man who is accused of beating a Cincinnati police office at Sawyer point is now facing additional charges including attempted murder, according to Hamilton County Prosecutor Melissa Powers.
Brandon Claiborne, 34, was initially charged with aggravated robbery and felonious assault after police said he beat Officer Terry McGuffey with his own baton, tried to "gouge the officer's eyes out" and struck him several times with a Taser on Sunday, July 23.
According to a grand jury indictment released Wednesday, Claiborne will now face two aggravated robbery charges, two felonious assault charges and an attempted murder charge.
“This vicious attack was nothing short of attempted murder of a police officer. Situations like this are the direct result of a growing anti-police movement that is dehumanizing law enforcement," Powers said.
In a press release, Powers said "The investigation determined Claiborne wanted to kill a white police officer."
"It is a miracle Terry McGuffey survived and our thoughts are with him and his family. Enough is enough. We will do everything within the law to put this guy behind bars for as long as we can," Powers said.
While participating in National Night Out Tuesday, a day where police officers build relationships with the communities they serve and give them a glimpse into what they do, Cincinnati Police Chief Teresa Theetge said McGuffey is doing better and is out of the hospital.
"Spoke with him, he's doing well, as well as can be expected," Theetge said.
Cincinnati FOP President Dan Hils said McGuffey is showing "big-time improvement."
"When I talked to him, last his eyesight is improving — his hip pain is still pretty rough, but he's coming along," Hils said.
Theetge noted that the incident was a brutal attack, saying she wants Claiborne to be punished.
"This was an attempted murder of a police officer, no doubt in my mind," Theetge said.
During Claiborne's arraignment last week, he could be seen smiling and appeared to be talking to himself. According to the prosecution, he suffers from schizophrenia.
The judge said that Claiborne is a threat to "anyone he comes in contact with in the community," and set his bond at $500,000 per charge.
Mental health considerations could play a major role in how the case moves forward. Court records show Claiborne was previously detained twice due to mental illness. Each time, he was released days later.
Criminal defense attorney Marty Pinales said the first question could be whether Claiborne is competent to stand trial.
"If somebody is incompetent to stand trial, then they are held until one of two things: they are competent or it's unlikely they're ever going to be restored to competency," Pinales said.
If Claiborne is found competent and the case moves forward, Pinales said his defense could try to prove he's not guilty by reason of insanity.
"If he is not guilty by reason of insanity, the next step is, is he capable of going back on the street? Or is he still a danger?" Pinales said. "He can be kept within an institution till he is no longer a danger and that could be an extremely long time."
Another attorney for Claiborne on a separate misdemeanor assault charge last year attempted to do this. The charge has since been dismissed.
If convicted of these current charges, prosecutors say Claiborne could face nearly 30 years in prison.
"It is a very difficult case to prove," said Pinales. "The prosecution is always charged with proving each and every element beyond a reasonable doubt."
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