Chief’s Babble….on an Ohio Supreme Court decision…. I would like to thank the four justices on the Ohio Supreme Court, for upholding the death penalty for the murder of a local police officer. I will also speak my opinion on what one of the justices said during a dissenting opinion. That will come after some background. Officer Josh Miktarian worked for the nearby Twinsburg Police Department. He was a K-9 handler. He traffic stopped a vehicle for loud music during a late night shift. A struggle ensued and one handcuff was placed on the driver….and it ended with Josh being shot four times in the head. The killer’s license and insurance card were found on Josh’s person. When the killer was apprehended, he was still wearing Josh’s handcuffs. He was found guilty and sentenced to death. Four of the Ohio Supreme Court Justices confirmed the death penalty sentence. Three dissented, which is often normal in a diverse high court. In the state of Ohio, in order to be “eligible” for the death penalty, there must be aggravating factors within the murder. These are offenses such as killing during a robbery, kidnapping, killing someone under 13 years old and killing more than one person during the incident, among others. Another is the killing of a police officer. The courts weigh “mitigating” circumstances, such as first offense, rough childhood, long-term employment and just about anything else the defendant’s attorney can trot out in a court room to “mitigate” the sentence. One dissenting judge concluded that the killers history, character, and background outweighed the aggravating circumstances in the case… and he would have sentenced the killer to life without parole. The dissenting judge I take issue with believes that killing a police officer did not outweigh the mitigating factors in the case. He had the following attributed to him… “The evidence in this record establishes that this was a routine traffic stop gone tragically wrong,” he wrote. “This case is not in the same category as the premeditated intentional taking of the life of another.” Hogwash. Plain and simple hogwash. When you shoot a police officer in the head four times, two of those times with the barrel of the weapon pressed against his head….it is premeditated and intentional. When a justice from the high court of our state says the execution killing of a police officer is not in the same category as the premeditated intentional taking of the life of another, the wheels have jumped the tracks. Unfortunately, this appears to be the attitude of some in our society. The attitude that police officers are expected to die while at work, so when it happens….it is the cost of doing business. That has to change…and quickly. At least two members of the high court subscribe to that theory. What a shame…letting politics get in the way of common sense. Our thoughts and prayers are with Holly (Josh’s widow) and Thea...his little girl. Carry on….Chief Oliver.
Posted on: Wed, 29 Oct 2014 17:56:56 +0000
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