COLERAIN TOWNSHIP, Ohio — A 42-year-old man has been indicted on multiple charges after shots were fired between him and police officers, injuring an innocent bystander, at the Kroger in Colerain Township on Wednesday, Hamilton County Prosecutor Melissa Powers announced Friday.
Powers said Joseph Van Niman is facing 12 charges, including attempted murder, felonious assault and inducing panic, among others. If he's convicted on all charges, he faces a maximum of 76-81.5 years in prison.
On Wednesday, officers responded to the Kroger Marketplace at 3636 Springdale Road just before 4 p.m.
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. Officers then followed Van Niman into the parking lot of the Kroger store, and when they told him to stop, he turned toward officers with a gun and "took a shooting stance," Powers said.
Van Niman then ran into the store and took cover before exchanging gunfire with officers, Powers said. During the shootout, he attempted to move further into the store and was hit by one of the officer's bullets. He was then placed in custody, and officers began life-saving measures, Powers said.
Powers said an innocent bystander, who has not been identified, was "struck by shrapnel" during the shootout. They were transported to the hospital, but their current condition is unknown.
"My office has a responsibility to review all use of force cases involving police, so I will limit my statements until that review is completed," Powers said. "To everyone who was present at the store that day, my heart breaks for you. No one should fear for their safety going out to buy groceries."
As Powers' office released new details, the Holloman Center for Social Justice called on the Colerain Township Police Department to be more transparent about what led up to the shooting, how it was handled and more.
Executive Adviser Fanon Rucker said the officers could have done everything properly and Van Niman could be wholly responsible, but more information needed revealed for transparency's sake.
"We need to know what's going on without deciding whether or not it was a good shoot," Rucker said. "That's not what we do."
The attorney called for the release of body-worn camera footage and all documents related to the event to enhance a sense of trust with the community.
"We are not a center to point our fingers at law enforcement and say how wrong they are," Rucker said. "We are a center that says the community asks, demands, requires, believes that it's important that transparency rules the day."
Latashia Sawyer was inside the store with her daughter, waiting in line at the pharmacy. She told us they heard shots fired before an employee told them to "run for your life."
"People just started scattering and going about everywhere," she said. "Then we heard more gunshots — I counted at least 20 ... I'm scared. I'm frantic. I don't know whether to run or to duck and hide."
Kroger employee Micah Lewis said she saw a man pointing a gun before she started to run. She said she heard over her walkie-talkie that a "man (was) down" and she immediately tried to run out of the building and contact her family.
In a statement, Kroger said it was saddened by the incident and would be cooperating with local law enforcement.
Powers said they intend to prosecute Van Niman to the fullest extent.
"This defendant tried to take an officer's life; we're going to make sure his life ends in a prison cell," Powers said.
