The Democrat and the Republican running for Franklin County Prosecutor disagree on who they think should prosecute police officers who fatally shoot someone.
Columbus City Councilmember Shayla Favor won the Democratic primary to run this November while defense attorney John Rutan won the Republican primary. The winner of this November's election will decide whether police shooting cases get charged internally or by a special prosecutor on a case-by-case basis.
While it's not the only pressing topic the candidates face ahead of Election Day, it is a key one. Under Franklin County Prosecutor Gary Tyack and his team, the county has switched between prosecuting internally vs. hiring a special prosecutor with little explanation as to why.
Both Favor and Rutan are critical of how the current office makes this decision, but have so far differed on what should be the right system.
Rutan told WOSU he thinks cases should be tried in-house, unless he has a personal connection with an officer which could present a conflict of interest.
"I'm definitely going to handle the cases or my office will. So I'd have another... few employees that can handle it as well. The only way I'd get off the case is if I knew the officer personally," Rutan said.
Favor said in an emailed statement she wants to seek community input to create a set policy that provides transparency and accountability. She stated the same method before the three-way Democratic primary race, criticizing the office for not appearing to have any rhyme or reason in the choice.
"This policy is too important to be single-handedly decided and rushed. I intend to issue a policy that is derived from best practices and community engagement that will provide consistency, and a level of transparency and accountability," Favor said.
Favor declined an in-person or phone interview and took questions over email.
High-profile police shootings involving former Franklin County Sheriff's Deputy Jason Meade and Blendon Township Officer Connor Grubb were assigned to special prosecutors in recent years. Meade shot and killed Casey Goodson Jr. in 2020, while Grubb shot and killed pregnant mother Ta'Kiya Young last year.
The Meade case was assigned to private attorneys H. Tim Merkle and Gary Schroyer and Dayton City Attorney Joshua Shaw. The Grubb case was exchanged with another case from the Montgomery County Prosecutor's Office.
Two recent shootings involving Columbus Police shooting Lamine Mahmoudi in the University District and Jamie Overstreet on the South Side have been handled by county prosecutors.
The Columbus Police officers who shot and killed Overstreet were not charged criminally by a grand jury.
The Franklin County Prosecutor's Office said in a statement each case is "decided on a case by case basis" and declined a request for an interview.
The office said a special prosecutor was not appointed for the shooting of Mahmoudi. A grand jury has not yet leveled a decision in the Mahmoudi shooting.
One of Rutan's key disagreements about hiring special prosecutors is the price tag associated with the hire. From 2021 to 2023, Merkle was paid $212,070 and Shroyer was paid $123,875 for the Meade case. Rutan blamed Democrats for spending too much across county government.
"The Democratic Party without a dollar is robbing our county... hands down, money's an issue. And it may only save a couple hundred thousand here, but every dollar counts in my opinion. So money is a factor," Rutan said.
Favor said she wants to use tax dollars effectively, but did not say whether she was concerned about the price tag.
"As a public institution, my priority will always be to ensure that we are utilizing tax dollars appropriately while also working to obtain swift justice for the victims of crime," Favor said.
Rutan also tried to criticize his opponent by bringing her last name up to criticize her by claiming she would use "favoritism" while she would treat everyone fairly.
Favor's campaign team responded in a statement/
"Mr. Rutan has demonstrated once again that he does not have the temperament, nor does he possess the political acumen to serve as the next Franklin County Prosecutor. Again, as it relates to the subject of Special Prosecutor, I intend to issue a policy that is derived from best practices and community engagement that will provide consistency, and a level of transparency and accountability," Favor said in the statement.
Rutan ran uncontested for the Republican contest. Rutan lost the endorsement of the Franklin County Republican Party after it was found he spread conspiracy theories about the Sept. 11, 2001 terrorist attacks and about elections.
Favor beat out three other Democrats in the primary, including Delaware City Attorney Natalia Harris and Franklin County Prosecutor Deputy Chief Legal Counsel Anthony Pierson.
Favor said she wants to restore the community's trust in law enforcement institutions. She was a city attorney prosecuting civil cases in environmental court for years, as part of what is now Columbus' Property Action Team.
"A key component to restoring community trust is leading with transparency. With that being said, it will be my priority to communicate with the victims, family members, stakeholders and community members at large to provide as much information as I legally can regarding decisions that are made in any cases that we are handling," Favor said.
Rutan said he doesn't see a problem with one of the highest law enforcement officials in the county prosecuting a case involving another law enforcement official.
"When you're a person of integrity, you don't want bad apples in your profession anyway. And so if I'm going out and if I'm going after an officer, it's because they deserve it. Because you got to understand with me, if you're in a position of power and trust and you breach that trust, you deserve a greater penalty," Rutan said.
Rutan said if the perception of a case in the community does matter to him, and if the community thinks he can't be fair, then he would give the case to a special prosecutor "in the interest of justice."
