HAMILTON COUNTY — The man accused of hitting and killing Hamilton County Sheriff’s Deputy Larry Henderson with a car may no longer face the death penalty, according to our media partner WCPO-9 TV.
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Hamilton County prosecutors said they are no longer pursuing the death penalty against Rodney Hinton on Monday.
News Center 7 previously reported that Hinton Jr. allegedly hit and killed Deputy Henderson, a day after his son was shot and killed by Cincinnati Police.
Evidence from multiple evaluations showed that Hinton suffers from serious mental illness, both Chief Assistant Prosecuting Attorney Kip Guinan and attorney Clyde Bennett explained in court.
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“We believe the SMI issue has been proven by proponents of the evidence,” Guinan said.
Judge Jody Luebbers will now make a decision. If she accepts it, Hinton will no longer face the death penalty, WCPO-9 reported.
Luebbers directly addressed Hinton in court.
“They’re asking the court to make a finding that you have an SMI, a serious mental illness, and that that was in play at the time of this offense and if I find that, then that takes the death penalty off the table, do you understand that, sir?” Luebbers asked.
He responded “yes” to the judge’s question.
WCPO-9 learned that three doctors evaluated Hinton, one of which being Dr. Jennifer O’Donnell.
In December, O’Donnell testified in court and said she believes he has bipolar disorder.
“In my opinion, his illness impacted his judgment,” O’Donnell said.
Hinton’s attorney said his mental illness could have impacted his actions.
“From day one and from the outset of the case, I told the public, I told the media and I told the court my client did not have the mental wherewithal to understand the wrongfulness of his conduct,” Bennett said.
In court, prosecutors told the judge that Deputy Henderson’s family was involved with these negotiations.
“We have talked to Lori Henderson, who is the widow of the victim in this matter. We’ve met with her and spoken with her several times, as well as his adult children. While not totally in agreement, they understand the reasons for doing this. We’ve also consulted with the sheriff’s department,” Guinan said.
Ohio law indicates that if someone is found to have SMI that significantly impacts their judgment related to their conduct, they can’t be sentenced to death. Bipolar disorder is a condition considered SMI under the law, WCPO-9 reported.
WCPO-9 reported that Hinton will be re-arraigned on Jan. 14, where he will enter a plea of not guilty by reason of insanity.
If convicted, Hinton could face life in prison without parole, the prosecuting attorney said in court.
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