Judge: Man can’t be tried in forgotten ’72 cop-shooting case

In this 1970 family photo provided by Lori Cooper, Columbus, Ohio, police officer Niki Cooper poses in his "Company D" jacket signifying his membership in a unit of officers that worked an 8 p.m. to 4 a.m. swing shift during the police department's busiest hours. An 82-year-old man who was indicted, but never prosecuted, in the nonfatal shooting of Cooper almost 45 years ago cannot be tried now, a judge ruled Thursday, Feb. 16, 2017. Cooper, who died just over three years ago at 71, rarely spoke of the event and his family said he was never the same afterward. (Photo courtesy of Lori Cooper via AP) In this 1970 family photo provided by Lori Cooper, Columbus, Ohio, police officer Niki Cooper poses in his "Company D" jacket signifying his membership in a unit of officers that worked an 8 p.m. to 4 a.m. swing shift during the police department's busiest hours. An 82-year-old man who was indicted, but never prosecuted, in the nonfatal shooting of Cooper almost 45 years ago cannot be tried now, a judge ruled Thursday, Feb. 16, 2017. Cooper, who died just over three years ago at 71, rarely spoke of the event and his family said he was never the same afterward. (Photo courtesy of Lori Cooper via AP)

By Associated Press February 16, 2017 3 min read

COLUMBUS, Ohio (AP) – An 82-year-old man who was indicted, but never prosecuted, in the nonfatal shooting of an Ohio police officer almost 45 years ago cannot be tried now, a judge ruled Thursday.

The case against Charles Hays fell through the cracks, and prosecutors acknowledged the state neglected the case. But they said he never demanded a speedy trial.

Franklin County Judge Guy Reece dismissed the case Thursday, saying Ohio had at least two opportunities over the past four decades to bring Hays back for trial.

Those came when Hays was in jail in Kentucky and in prison in Connecticut on charges unrelated to the 1972 shooting of Columbus officer Niki “Nick” Cooper.

A speedy trial is a constitutional right, the judge said as he announced his decision.