Appellate court reverses officer's felonious assault conviction - 13abc.com Toledo (OH) News, Weather and Sports

Court reverses officer's felonious assault conviction

Posted: Updated:

A former Ottawa Hills officer has been cleared of felonious assault charges stemming from a 2009 shooting. Thomas White was convicted of unjustly shooting motorcyclist Mike McCloskey during a traffic stop, paralyzing him from the waist down.

The appeals court reversed the conviction and calls for a retrial. The 108-page decision says the jury in the case wasn't given proper instructions on deadly force standards.

Cruiser dash cam video captured the shooting.

White was found guilty of felonious assault in 2010 in Lucas County Common Pleas Court and was sentenced to ten years in prison.

On Friday, the Sixth District Court of Appeals overturned the conviction. It states, "The main reason to reverse the conviction is the jury was not given proper instructions on the issue of deadly force standards."

The decision continues, "In a police deadly-force case, it is reversible error to give the jury a non-deadly force instruction…Instead of one concise and accurate instruction, the upshot of both was a hodgepodge of confusing language that misstated the applicable standard...That is not just an academic error...Hence, we cannot let it pass uncorrected."

The appeals court also dismissed the gun specification for the retrial, meaning White cannot face that added charge, which his defense attorney says carried a mandatory three-year prison sentence.

White has been out on bond during the appeal.

  • LocalMore>>

  • Suspect in Temperance standoff surrenders

    Suspect in Temperance standoff surrenders

    Tuesday, July 22 2014 10:22 AM EDT2014-07-22 14:22:08 GMT
    Monroe county sheriff's deputies are involved in a standoff with a man in Temperance, Michigan. It's happening off of Stoneybrook Lane near Jackman and Dean.
    Monroe county sheriff's deputies are involved in a standoff with a man in Temperance, Michigan. It's happening off of Stoneybrook Lane near Jackman and Dean.
  • American Red Cross issues urgent call for blood and platelet donors

    American Red Cross issues urgent call for blood and platelet donors

    Tuesday, July 22 2014 7:11 AM EDT2014-07-22 11:11:35 GMT
    The American Red Cross is facing a looming blood shortage, leading to an urgent need for donors of all blood types to roll up a sleeve and give.According the agency donations through the Red Cross are down approximately 8 percent over the last 11 weeks, resulting in about 80,000 fewer donations than expected.
    The American Red Cross is facing a looming blood shortage, leading to an urgent need for donors of all blood types to roll up a sleeve and give.According the agency donations through the Red Cross are down approximately 8 percent over the last 11 weeks, resulting in about 80,000 fewer donations than expected.
  • Dry but not drought

    Dry but not drought

    Monday, July 21 2014 11:12 PM EDT2014-07-22 03:12:50 GMT
    Dry and cool don't usually go hand in hand but that's how our summer is playing out.
    Dry and cool don't usually go hand in hand but that's how our summer is playing out.
  • Top StoriesMore>>

  • Federal appeals court deals blow to health law

    Federal appeals court deals blow to health law

    Tuesday, July 22 2014 11:13 AM EDT2014-07-22 15:13:53 GMT
    WASHINGTON (AP) - A federal appeals court has delivered a serious setback to President Barack Obama's health care law, potentially derailing billions of dollars in subsidies for many low- and middle-income people who bought policies.
    WASHINGTON (AP) - A federal appeals court has delivered a serious setback to President Barack Obama's health care law, potentially derailing billions of dollars in subsidies for many low- and middle-income people who bought policies.
  • Suspect in Temperance standoff surrenders

    Suspect in Temperance standoff surrenders

    Tuesday, July 22 2014 10:22 AM EDT2014-07-22 14:22:08 GMT
    Monroe county sheriff's deputies are involved in a standoff with a man in Temperance, Michigan. It's happening off of Stoneybrook Lane near Jackman and Dean.
    Monroe county sheriff's deputies are involved in a standoff with a man in Temperance, Michigan. It's happening off of Stoneybrook Lane near Jackman and Dean.
  • Dayton Air Force base plans hundreds of layoffs

    Dayton Air Force base plans hundreds of layoffs

    Tuesday, July 22 2014 9:55 AM EDT2014-07-22 13:55:41 GMT
    DAYTON, Ohio (AP) - Civilian employees at Ohio's largest military base will have until Aug. 1 to notify officials if they plan to retire or leave with incentives ahead of hundreds of layoffs this fall. The incentives are meant to encourage employees at Wright-Patterson Air Force Base near Dayton to leave voluntarily before the base eliminates 372 workers by Oct. 1. The Air Force says it will save $1.6 billion by eliminating more than 3,400 jobs throughout the service. Base spokesman Daryl Ma...
    DAYTON, Ohio (AP) - Civilian employees at Ohio's largest military base will have until Aug. 1 to notify officials if they plan to retire or leave with incentives ahead of hundreds of layoffs this fall. The incentives are meant to encourage employees at Wright-Patterson Air Force Base near Dayton to leave voluntarily before the base eliminates 372 workers by Oct. 1. The Air Force says it will save $1.6 billion by eliminating more than 3,400 jobs throughout the service. Base spokesman Daryl Ma...

Area Events Calendar

See It, Shoot It, Send It!