Former Ohio deputy accused of murder takes stand
WAVERLY, Ohio — Everything in former Pike County sheriff's deputy Joel Jenkins' murder trial comes down to the final moments before he fired nine rounds at Robert Rooker on the night of March 28, 2015.
At least a half dozen people in Pike County's law community sat in the courtroom Friday as Jenkins took the stand. The jury intently listened as he testified, emphasizing time and again he was telling the jury what he "perceived" happened that night. At times, he acknowledged it may not be what the evidence indicated, but it was how he remembered it.
At one point as he tried to describe a portion of the high-speed pursuit that preceded the fatal shooting, he paused, noting: "I don't want to put words in my own mouth."
When the jury gets the case after closing arguments Tuesday, deliberation will certainly turn to Jenkins' version of events and whether they find it credible, if they believe his memory is faulty, or if they believe he is lying — a position certainly held by Special Prosecutor Daniel Breyer. Breyer said as much Friday morning while arguing with Jenkins' attorney Mark Collins over Breyer's questioning of James Scanlon, who Collins called as an expert on officer-involved shootings.
Jenkins' testimony largely mirrored what jurors heard Wednesday when his taped statement with investigators was played in court. After Rooker's truck struck Maj. Tim Dickerson's cruiser, leading him to fire three rounds, Jenkins followed Rooker whose truck was traveling in reverse.
Jenkins described events as being "so fast you almost couldn't think." He testified remembering being face-to-face with Rooker's truck and getting out of his cruiser.
"I'm trying to give the suspect another chance ... I perceived the vehicle coming forward and ramming my vehicle," he said.
Almost simultaneously, Jenkins said the truck began to spin, the cruiser following and his left hand got caught in the door as it swung back.
"I thought I was going to die. ... It was almost like I was being pulled with his vehicle, my hand still lodged," Jenkins said.
He later noticed his cruiser was still in "drive" rather than park, which he said confused him.
As the two careened toward a creek — 73 feet according to testimony by a crash reconstructionist — Jenkins said he raised his right arm up and fired several rounds. When the vehicles stopped, Jenkins said he was able to get his hand free and he told Rooker to show his hands.
He alleged Rooker looked at him then reached for something, leading him to plead: "Please, don't do it." As his arm came up, Jenkins said it appeared to be in a position as if Rooker had a weapon and Jenkins fired.
Based on Dickerson's testimony, he had arrived in time to hear Jenkins yell twice, "Show me your hands" and then fire twice, meaning Jenkins had already fired seven shots. Of Jenkins' nine fired rounds, the autopsy showed seven struck Rooker and two were fatal.
Defense expert Scanlon testified he felt Jenkins was "justified and reasonable" in firing his gun at Rooker.
"If you wait until you actually see a gun, it's too late; action beats reaction. ... We're trained if you wait too long, you'll be killed," Scanlon said.
Scanlon spent 33 years working at the Columbus Police Department and is co-owner of North American SWAT Association.