A federal judge ordered the state investigators on Thursday to reveal the names of several Columbus Division of Police officers who responded the day Jamie Overstreet, 36, was shot and killed by police in August 2023.
U.S. District Court of the Southern District of Ohio Magistrate Judge Kimberly Jolson ordered BCI to respond within 14 days of her Thursday order. Jolson is one of two judges overseeing a civil case against the city of Columbus alongside Chief District Judge Sarah D. Morrison.
The order said the Ohio Bureau of Criminal Investigation may not redact identifying information of the John Doe defendants in its response to the plaintiff’s subpoena.
The civil case was filed in May by Joelle New, Overstreet's ex-wife, who is the executor of his estate. The lawsuit argues the use of deadly force by Columbus Police against Overstreet was not justified.
New is suing the city of Columbus, but the subpoena at the heart of this order is dealing with BCI, which is not a party in the lawsuit.
A Franklin County grand jury declined to indict the officer who shot Overstreet on criminal charges in September.
Jolson ruled this way in spite of Marsy's Law, an Ohio statute that many police departments have used to shield the names of officers who have shot and killed people while on duty. Marsy's Law is primarily meant to protect crime victims in Ohio.
New's argument to reveal the officers' names was that the argument to keep the officers' names confidential was based on state law, whereas this case is being held in federal court. She argued the officers' identifying information must be revealed, so she might sue them and effectively prosecute her case.
Overstreet led police on a five-mile chase through Columbus' south side before police shot and killed him. Overstreet had violated a protection order against New the day he was killed. Police caught up to Overstreet after his vehicle became disabled.
Before he was shot, an officer alleged Overstreet had a gun before firing 5 shots at him, one of which struck him in the back according to autopsy reports.
One body cam footage, a gun is seen on the ground after Overstreet was shot. Overstreet was taken to a hospital where he later died.
Jolson's ruling says Ohio law allows the identities of uncharged suspects to be withheld from public disclosure via a public records request. But in this case, Jolson said Ohio law does not prevent the officers from being identified via discovery through litigation.
Jolson's order does leave the ultimate question of whether or not Marsy's Law exempts officers' identities from public disclosure via public records requests up to the Ohio Supreme Court.
"While the Ohio Supreme Court has not yet answered 'the question of whether a police officer who is harmed by a crime is a victim,'... the statute says nothing about producing information in response to a proper discovery request made during federal litigation," Jolson wrote.
There are still two separate lawsuits in the Ohio Supreme Court filed by the Columbus Dispatch and Nadine Young, the mother of Ta'Kiya Young, that could decide whether Marsy's Law exempts officers' identities from public disclosure when public records are requested.
Young and her unborn child died after being shot by Blendon Township police officer Connor Grubb in the parking lot of a Kroger store in August of 2023. Blendon Township officials initially declined to identify Grubb, citing Marsy's Law. Grubb has been charged with four counts of murder, four counts of felonious assault and two counts of involuntary manslaughter. Grubb's trial is scheduled to stand trial in July 2025.
The Dispatch's lawsuit is set for oral arguments in February. Nadine Young's lawsuit is being held until a ruling is issued in the Dispatch's lawsuit.
