COLERAIN TWP., Ohio — The Hamilton County Prosecutor's Office has announced officers involved a shootout between law enforcement and a suspect that happened at the Kroger in Colerain Township at the end of May will not face criminal charges.
The Ohio Bureau of Criminal Investigations is still investigating the shootout, in which three Colerain police officers fired their weapons, Hamilton County Prosecutor Melissa Powers said.
Officers have arrested 42-year-old Joseph Van Niman, who now faces 12 charges that include attempted murder, felonious assault and inducing panic. He was shot by officers during the shootout; an innocent bystander was also hurt, police said.
Powers said officers were conducting a drug investigation in the area of Colerain Avenue and Springdale Road, when they saw Van Niman take part in a drug deal with a known drug trafficker.
Officers then followed Van Niman into the parking lot of the Kroger store, and when they asked "hey, come here for a second," he turned toward officers with a gun and "took a shooting stance," Powers said.
You can watch the body cam of the shootout below. NOTE: This video may be hard to watch:
Van Niman then ran into the store and took cover before exchanging gunfire with officers, Powers said.
Body camera footage released Thursday showed officers firing through the sliding entrance doors at Van Niman while he stood inside the Kroger with bystanders behind him. Surveillance video from Kroger showed those bystanders taking cover behind displays and running away as Van Niman entered the front of the building.
During the shootout, Powers said Van Niman attempted to move further into the store and was hit in the eye by one of the officer's bullets. He was then placed in custody, and officers began life-saving measures, Powers said. He is still hospitalized, but will survive, according to Powers.
Powers said the innocent bystander, who has not been identified, was "struck by shrapnel" during the shootout, possibly from a ricocheted bullet.
Powers said that bystander was one of the civilians hiding near the front of the store, who can be seen in the surveillance footage. That person was transported to the hospital, but their current condition is unknown.
Officials have not said whether the bystander was hurt by Van Niman or by officers involved in the shootout.
When asked Colerain Police Chief Ed Cordie whether officers should have backed down from what appeared to be just a drug deal when Van Niman ran inside the Kroger with civilians inside. He responded that officers had every right to engage Van Niman when he pulled out a weapon and pointed it at officers.
"At no time when a round is being discharged should we ever back down," said Cordie.
Powers agreed with him and said officers engaged in the shootout were careful to only take shots at Van Niman when there were no other people behind him.
"When everyone else's instinct is to run for their lives, these officers ran in the direction of danger to save others," Powers said. "They are dedicated to serving and protecting everyone in our community and they should be commended for their bravery and heroic actions that day in saving countless lives. I mean you can just only imagine what this may have turned into and we're very fortunate the end result that we have today."
It's still undetermined how many shots were fired by officers in the course of events, Powers said; dozens of shots can be heard in the body camera footage, however. Van Niman was hit by just one, Powers said.
Officials have not released any information on how many shots Van Niman may have fired at officers that day.
Powers said Van Niman has been charged in the past in other states with crimes associated with assaulting a police officer and violently resisting arrest.
