Columbus City Councilwoman Shayla Favor and defense attorney John Rutan are the two choices before voters this November for Franklin County Prosecutor.
Favor won the three-person Democratic primary, while defense attorney John Rutan won the Republican primary uncontested. The winner of this November's election will take over for Democrat Gary Tyack, who is leaving office.
Favor and Rutan previously answered questions about their stance on the county prosecutor's role in choosing special prosecutors for police involved-shooting cases. The office is currently prosecuting former Columbus Police Office Adam Coy in the Franklin County Court of Common Pleas, but has opted to hire outside special prosecutors instead for other trials.
Both spoke to WOSU again less than two weeks before the election about a range of other issues facing the next Franklin County Prosecutor.
Favor wants to increase diversionary programs for first time offenders, while Rutan recommends punishment to reduce crime.
Favor said she believes that prosecutors have a responsibility to reduce and repair an unfair justice system. She said that starts with reimagining the organizational culture and the systemic policies of the Franklin County Prosecutor's Office.
Favor said special dockets for certain crimes and diversion programs to keep people out of prison have been successful at connecting people to resources and providing them with specialized treatment, which she said ultimately helps to reduce recidivism. She said these programs should be aimed at low level, non-violent first-time offenders.
"To think that our job can only be to usher folks in and out of a courtroom or jail cell truly diminishes the power and the capacity that this office actually does have in being a part of the solution," Favor said.
Favor said she also wants to hire more people of color at the office. She said out of about 131 attorneys in the Prosecutor's Office, only 11 are racial minorities.
"I believe that diversity, equity and inclusion helps to improve the working environment for the entire staff that currently exists. I believe that it will demonstrate to the public that this office is committed to serving all residents in Franklin County with the utmost dignity and respect," Favor said.
Rutan said his own experience going to jail for eight days for assault in his college years taught him the importance of the justice system. But, he said the justice system should not be harsh.
"What I've learned, and this is huge because it happened to me too, is if you punish somebody, you fix them. If you crush them, you ruin them. If you do nothing, they do it again," Rutan said.
Rutan claimed that refusing to punish people for crimes leads to people repeating offenses.
Rutan also disputed that crime is going down in Franklin County. Police report that homicides in Columbus are at their lowest level since 2019 and felonious assaults are dropping nearly 30% since a record high last year.
Rutan claimed other crimes like vehicle theft are up this year. The Columbus Division of Police found that car thefts dropped in 2023 compared to 2022, but there were a higher concentration of thefts of Kia and Hyundai vehicles.
Rutan and Favor differ on stance on death penalty.
Rutan said he supports the use of the death penalty, but would want to change what crimes capital punishment is doled out for. Rutan said he would want to use capital punishment on child rapists and would only use it for murders that are particularly heinous.
The U.S. Supreme Court has banned the death penalty's use in child rape cases, but some states like Florida and Tennessee have passed laws trying to allow the death penalty in these cases.
"I'm a big believer in God, too. But God gave us the death penalty to utilize for evil spirits like that. And so I'd use them all day long. Now, I don't have that ability and I wish our legislatures would give me that," Rutan said.
Rutan said he thinks of the Pike County slayings in 2016 as a murder case where the death penalty would be appropriate. He said murders involving "drug deals gone wrong," "anger" and "trash talking" shouldn't merit the death penalty.
"I don't want anybody to murder anybody, but not for situations like that," Rutan said.
Favor said she does not support capital punishment, because of the reality of bias in the criminal justice system.
"Given the bias that exists in our criminal justice system and the realities of what that has looked like in the past, it is not something that I am in support of at this time," Favor said.
Favor pointed to recent cases in Texas involving Robert Roberson where his execution was halted and a second case in Missouri where Marcellus Williams was executed.
In both cases, advocates argued the executions should be stopped. Roberson, a white man, had his execution stayed, while Williams, a Black man, was executed.
Favor wants cash bail reform, while Rutan doesn't see a need for changes to bail.
Favor said she is in support of bail reform and claims about 80% of people in local jails have not been convicted of a crime. She said many don't pose a risk to public safety.
"Due to a lack of money, they are sitting inside of a jail. And to me, this is the definition of an unjust and inequitable system," Favor said.
Favor said cash bail punishes people before they have their day in court and said it hurts the concept of "innocent until proven guilty.
Rutan said the purpose of bail is not only to protect the public, but to ensure their appearance at trial dates.
"I say you don't need reform, you need Rutan, because all I want to do is apply the law," Rutan said.
Rutan said bail should be set on a case-by-case basis depending on a person's history. He said if they are repeat offenders or have a history of not showing up to court proceedings, they should have a higher bail set.
To tackle youth crime, Favor and Rutan differ on how to punish and rehabilitate
Rutan said when cases involving young people are tried in criminal court, the purpose should be to punish them to prevent them from re-offending. He said when a case is tried in juvenile court, the focus should be on rehabilitating.
"If people are committing violent crimes, they don't have to go to jail for a year, but they've got to see the inside of the juvenile detention center to scare them straight," Rutan said.
Rutan said he would not be lenient on crimes like auto theft from the "Kia boys," which refers to groups of young people who have stolen several Kia and Hyundai vehicles because of failed vehicle security software. He proposed sending the offenders to juvenile detention for a year, but letting them out as early as a month into their sentences if they behave.
Rutan claimed Favor does not want to punish offenders for crimes like this.
Favor said the goal of the county prosecutor should be to "capture" young adults who become involved in the justice system, and dial in on the issues that have been prevalent among that demographic in Columbus. Favor particularly pointed to auto theft and human trafficking.
"The current programs that exist do not touch any of those categories of individuals. And so I would be really dialed in and trying to address those issues," Favor said.
Favor said violent crimes among young people is a symptom of poverty, adverse childhood experiences, mental health and some form of trauma. Favor said the county should invest in improving family environments, addressing poverty and investing in programs that educate and empower the community's youth.
"There's a way to be both proactive and reactive. I would prefer to be proactive as it relates to addressing violence in our community," Favor said.
