COLERAIN TWP., Ohio — A judge deemed Joseph Van Niman, 42, incompetent to stand trial on Tuesday as he faces 12 charges tied to his alleged participation in a shootout with police at the Kroger in Colerain Township on May 29, according to court documents.
Van Niman was ordered to undergo treatment.
Court documents did not specify why Van Niman was deemed incompetent. But, according to the documents, the judge did say "There is a substantial probability that he [Niman] will become competent within, in one (1) year if provided a course of treatment."
Van Niman faces several charges for the Kroger shootout including attempted murder, felonious assault and inducing panic.
On May 29, Van Niman and Colerain Township police exchanged fire at a Kroger store, first outside the store and then inside, according to Colerain Township Police Chief Ed Cordie. At the end of the shootout, Van Niman was hit by an officer's bullet and a bystander was hurt; both were taken to the hospital, officials said.
Hamilton County Prosecutor Melissa Powers told us that Van Niman lost his right eye when he was shot by police.
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 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.
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 the 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.
Officials have not said whether the bystander was hurt by Van Niman or by officers involved in the shootout.
Powers 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."
The Hamilton County Prosecutor's Office announced on June 6 that officers involved in the shootout will not face criminal charges.
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.
Van Niman will be taken to Summit Behavioral Healthcare by a sheriff to receive treatment for no longer than one year.
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