A Stark County grand jury has chosen not to indict a Canton police officer who shot and killed a man through a fence on New Year's Day.
Officer Robert Huber shot 46-year-old James Williams when police were called to the area to investigate gun shots. The family says Williams was celebrating the new year by firing his AR-15 into the air on 10th Street. The family's legal team alleges that Huber shot without announcing his presence. The Ohio Bureau of Criminal Investigation (BCI) investigated the incident by request from the Canton Police Department.
Stark County Prosecutor Kyle Stone said the grand jury was presented with testimony for two days on possible felony and misdemeanor charges for Huber last week.
“While I understand this is not the outcome that some people wanted," Stone said, "I want to assure this community that we presented this case in a fair and just manner, presented all the evidence and gave them multiple options for different charges.”
Stone said it was his goal to process the case with integrity.
“I have exercised due care in this case and didn't allow public opinion or anything of the sort to sway how we operated and presented this case," Stone said.
With the grand jury deciding not to indict, no further action will be taken by the prosecutor's office.
The BCI's findings are likely to be posted later this evening. The Canton Repository has reported that the Canton Police will conduct an internal investigation. Huber has returned to office duty with Canton Police and has not publicly commented on the shooting.
The Williams family has also filed a civil lawsuit in federal court. Stone said he notified the family's lawyer before Thursday's announcement.
The family's reaction
"Today, the William's family is deeply disappointed in the decision not to criminally indict Officer Huber," a press release from the family's legal team stated. "Since January 1st, 2022, over eight months, the Williams family has had to deal with unimaginable grief and heartache that comes with losing a husband, father and friend. They have had bad day after bad day, and today is no exception."
The press release stated that Williams' death "could have been avoided and should have never happened." They plan to review the BCI report and to fight for justice through the civil court.
"While the Stark County Prosecutor has failed in obtaining justice for James, we will not stop until we do," the release stated.
Protesters gathered outside of the Stark County office building after the decision not to indict was announced. Calls and chants for justice and police accountability rang out through the streets as protesters encouraged passing drivers to honk as a show of support.
Williams’ cousin, Jason Cousins, said he feels confident in the civil suit the family has filed against the city. But, he says, that won’t be enough.
“We’re asking for the feds to intervene and look deeper into this case, because the video shows negligence if nothing less," Cousins said. "They found nothing to indict this police officer on. You shot a man without telling him you was on the other side of the gate.”
Cousins said even winning the suit won’t be justice for Williams.
“That’s really not the important part. We want this man taken off the street, because this is not his first problem inside the police force," Cousins said. "He’s been known for excessive force against minorities, and it’s time for a change.”
Nearby protesters agreed with Cousins and lamented that this wasn't the first time Canton police have shot and killed members of the Black community, and, they feared, it probably won't be the last.
Between chants of "Say his name" and "Justice for James," protesters talked about the systemic issues that are plaguing the Black community in Canton. In the end, they said, they want one thing: accountability.
