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Saturday, May 21, 2011

Cincinnati - No charges against police in fatal shooting of gang member

OFF THE WIRE
The Hamilton County Prosecutor's Office has determined that the death of an Iron Horsemen motorcycle gxxx member killed at a Camp Washington bar by Cincinnati police in September was justified and therefore charges will not be brought against the department.

The prosecutor's office signed off on the matter last month, The Enquirer has learned.

Harry Seavey was killed after being shot by police at J.D. Honky Tonk and Emporium on Sept. 18.

The incident unfolded after a police noticed several motorcycles on Spring Grove Avenue and several Iron Horsemen across the street in the beer garden.

The battle killed Seavey, 51, of Portland, Maine, and injured two Cincinnati police officers. Police said at the time there were at least 30 rounds exchanged.

The police department has not released the names of the officers involved, arguing that their safety could be compromised. The Enquirer has filed a lawsuit to try to get that information.

Hamilton County Prosecutor Joe Deters sent a letter to the police department's homicide unit on April 12 informing him that the vice officers did not violate any laws with the shooting.

"The undercover officers were justified in their actions," Deters wrote.

Mike Schulken, an attorney representing the Iron Horseman, called the entire event a set of tragic circumstances. He said members of the group didn't realize it was police moving in on them but rather thought it was another outlaw motorcycle group.

"There was no need to show up en mass and there was no need to show up wearing masks at a high rate of speed with guns drawn," Schulken said. "Harold reacted; the officer that fired the fatal shot reacted appropriately as a result of the situation. But it didn't have to be. Bottom line, it didn't have to be."

When asked to comment on his decision, Deters said: "Here's Rule No. 1: If you don't want to get shot by the police, don't shoot at the police."

http://communitypress.cincinnati.com/article/AB/20110518/NEWS010702/105190330/No-charges-against-police-biker-s-shooting?odyssey=nav|head