Prosecutor drops charges in Swanton cold case - 13abc.com Toledo (OH) News, Weather and Sports

Prosecutor drops charges in Swanton cold case

A man put on trial for murder will not face a retrial.  Last month, a hung jury caused a mistrial in the Walter Zimbeck murder case.

Zimbeck was accused of killing 14-year old Lori Hill back in 1985.

But now the Fulton County prosecutor says after talking with jurors it is apparent he could never get a conviction, so he's dropping the case.

back in July, the jury came back 7 to 5 to convict Zimbeck in the 1985 killing of his ex-girlfriend.

The first trial was dismissed.  Since December, Zimbeck has been under house arrest fighting for his life in a second trial.

Zimbeck says the last 3 years have been difficult. "I've lost about everything I own. I've lost my business. I've lost the best 3-years of my 5-year old daughter's life. I have nothing left."

Lori Hill was found dead in a wooded area in Fulton County in October, 1985.   Zimbeck was questioned but never charged.

Toledo police picked up this cold case and fingered Zimbeck.   But a second trial ended in a hung jury mistrial.

Zimbeck says Fulton County should have known this was a witch hunt.  "The prosecutor was bull-dog strong and didn't want to give up on the fact," Zimbeck told 13abc reporter Bill Hormann.  "I think they were willing to grab at straws and stretch the truth to get to where they were."

After talking with jurors,who could not vote unanimously to convict Zimbeck, Fulton County prosecutor Scott Haselman said... "the chances of another hung jury" were "significant", so he is not going to try Zimbeck again.

Despite that news, Zimbeck's attorney sees the cloud that lingers over her client's head.  Amber VanGunten told 13abc, "It's bittersweet. We would have lied the opportunity to have him completely exonerated and have 12 people of this county stand up and say he's not guilty and we're not going to get that chance now."

For his part, Zimbeck says there is one opportunity left now, but it's up to the prosecutor to seize it.

He said, "I do hope that the prosecutor can continue to look for the killer of Lori Hill. She's still deeply in my heart."

13abc called Lori's surviving sister several times, Monday, to get her reaction, but we could not get through.

Walter Zimbeck says he's heading back to Tennessee, where he lives.

He says he's bitter toward Fulton County and never wants to return to Ohio, again.

Click here to watch 13abc's full uncut interview with Zimbeck.