Clarification: An assistant city prosecutor submitted the order to dismiss the charge, while an earlier version of the story stated that it was done by an assistant county prosecutor.
A freelance journalist sued the city of Cincinnati for malicious prosecution and false arrest, stemming from his refusal to stop videotaping the aftermath of a deadly car crash that happened after a driver fled a police traffic stop.
Calvin Andrus, a journalist and videographer for more than 30 years, filed the lawsuit in U.S. District Court on Oct. 11, for damages for emotional distress, pain and suffering, medical expenses and punitive damages. He also wants an injunction to stop police from wrongfully arresting journalists and restricting public access to newsworthy events.
“This incident turned very ugly for Calvin. He was cuffed and thrown into the back of a police cruiser. He stayed there for more than an hour and a half,” said attorney Steve Goodin, who represented Andrus in his criminal case. “That’s a traumatic experience for anybody.”
Andrus had severe chest pains and thought he was having a heart attack, which turned out to be a panic attack, and led to an overnight hospital stay, Goodin said.
Cincinnati police Sgt. Kraig Kunz arrested Andrus on Nov. 19, 2023, and later charged him with obstructing official business, a second-degree misdemeanor punishable by up to 90 days in jail, according to Goodin and court records.
WCPO contacted the city and police spokespersons on June 24, just days before Andrus’ criminal trial.
One day later, on June 25, an assistant city prosecutor submitted an order asking the judge to dismiss the charge, “at the request of the city of Cincinnati. The charge should be dismissed in the interests of justice.”
Now Andrus filed a federal lawsuit against the city and Kunz, with a different lawyer, Robert Klingler.
A spokesperson said the city solicitor declined to comment on the lawsuit.
“We think there is a larger principle here,” said Goodin, a former prosecutor and ex-city council member.
“The idea that there's going to be this pushback at crime scenes on public streets … this really is going to have a chilling effect and discourage people from covering these kinds of stories,” Goodin said. “I … want to know when there is an accident on a public street. I want to know if there was police involvement. I want to know if there’s a shooting on a public street.”
Andrus listened to police radio traffic about a severe car crash on Spring Grove Avenue in Northside on Nov. 19, 2023. He arrived and began recording the police response with his video camera.
“Our understanding based on the public records is — there was a motorist who was pulled over. She had a suspended license; she fled the traffic stop. There is some question as to what happened next,” Goodin said. “She crashes into this building; the building is old. It collapses upon her, and she’s killed.”
Footage from Andrus’ body-worn camera, obtained by WCPO, shows him standing outside of police tape surrounding the scene, and filming when an officer walked up.
He can be heard telling Andrus to move because he wants to enlarge the crime scene. Andrus protested and said state law allowed him to be there.
“I’m not in the crime scene, I walked right in, and I didn’t walk under any crime scene tape whatsoever,” Andrus can be heard saying.
The officer asked about Andrus’ body camera, and said, “Well you’re going to jail so that’s not going to stay on you.”
“I’m not going to go to jail. For what? What’s the charge? What charge? What crime are you going to charge me with?” Andrus responded.
Goodin said the officer was trying to expand the crime scene to more than two acres for a single-car crash, with no risk to public safety such as leaking fuel.
“Our concern is that the crime scene wasn’t being extended because of any kind of investigative purpose or any sort of threat to the public,” Goodin said. “It was being extended to move Mr. Andrus out of the crime scene to a place where he couldn’t record it.”
At approximately 2 a.m. police attempted a traffic stop for alleged speeding at Spring Grove Avenue and Winton Road. The driver, after speaking with police, fled the stop at between 50 to 70 mph.
The driver lost control at Spring Grove and Dane Avenue, struck the curb and crashed into a nearby building. She was killed.
Daniel Hils, then President of Fraternal Order of Police 69, said at the time, "The driver made all the decisions. The driver made decisions that were tragic decisions. The very high speed involved resulted in the tragic accident."
