The Beacon Journal Article.
http://www.ohio.com/mld/ohio/15293435.htm
The Grand Jury Says No.
The Summit County grand jury has declined to indict a man who shot and killed an off-duty Akron police detective during a family quarrel.
The decision announced Wednesday disappointed Akron police officers, many of whom wanted Jacob Carlson to stand trial for the shooting death of Detective Michael Beitko.
Carlson, who met with reporters hours after learning a murder charge would be dismissed, said he was relieved.
Carlson, 32, spent nearly a week in jail after being charged by New Franklin police in the July 26 shooting. Beitko was Carlson's brother-in-law.
The pharmaceutical salesman and father of two told reporters that he acted in defense of himself and his wife when an intoxicated Beitko became enraged near the end of a family get-together at the Carlsons' home.
Beitko attacked his wife and Carlson's wife before Carlson shot him four times around the chest.
Beitko was a 14-year police veteran and a father of four.
``I had no other option but to do what I did,'' Carlson said Wednesday with his wife beside him. ``We're both saddened at the way things turned out. We did not want it to turn out that way. It was just a terrible situation, but I really had no other option.''
Akron police union President Paul Hlynsky blamed Prosecutor Sherri Bevan Walsh's office for returning from the grand jury without a murder or manslaughter charge. He said the case exemplifies a double standard by which police officers must abide.
``The reaction around the station is one of disappointment and amazement,'' Hlynsky said. ``If the situation were reversed, the prosecutor would have been falling all over herself to overcharge the officer to avoid public criticism. We don't feel that justice was served in any way.''
Walsh declined to comment on Hlynsky's criticism. She said her office treated the grand jury proceedings like any other case.
She said two top assistants presented the evidence and let the grand jury decide. The presentation took place over several days and included the eyewitness testimony of Jenny Carlson and Beitko's widow, Sue.
New Franklin police and its legal adviser, lawyer David Fish, examined essentially the same evidence and charged Carlson with murder on the night of the shooting.
Tape of 911 call a factor
Walsh said that even if an indictment had been returned, the case would have been difficult for prosecutors to win. She cited the 911 call that Jenny Carlson, 34, made shortly before her husband shot her brother. In the call, she said her brother was ``very drunk and hitting his wife.''
Then, according to the 911 tape, she told the dispatcher had his wife ``in a headlock'' and she was having trouble breathing. Shortly afterward, police said, Jacob Carlson is heard shouting: ``Let go of her... or I'll kill you!''
Before the grand jury met, defense lawyer James Burdon seemed to have rallied public support, telling reporters that Jacob Carlson, then in jail awaiting bond, was acting in self-defense and in defense of his wife.
``The grand jury has indicated it is not'' a crime, Walsh said. ``Nothing was handled any differently. The grand jurors don't indict every case. And, I think there were certainly some unique circumstances in this case, particularly the fact that it was on tape in a 911 call.''
Jenny Carlson's account
Jenny Carlson told police that Beitko, his wife, and their four children came to the Carlsons' Clement Avenue home about 2 p.m. Around dark, Beitko became belligerent after much drinking.
Outside the home, Beitko, 41, pushed his wife and put her in a hold. Jenny Carlson then called 911. Beitko tried to leave, and Jenny Carlson tried to blocked his way. He pushed her away, then grabbed her and put her in a hold, according to her statement to police.
``This is when I heard Jake yelling for Mike to get off me,'' Jenny Carlson wrote in her statement to police. ``Mike let go of me and then went toward Jake. Jake fired one shot, down I think, telling Mike to stop. Mike didn't stop. Jake shot him. Mike fell. Sue screamed.''
Burdon would not allow the Carlsons to recount the events in the session with reporters. Jenny Carlson did tell reporters that she was terrified of her brother. ``I thought he was going to kill somebody,'' she said.
Sue Beitko, who Akron police say wanted Jacob Carlson charged, could not be reached for comment. Her lawyer, Brian Pierce, declined to comment.
Sue Beitko, an emergency room nurse, gave police a statement with nearly the same account as that offered by Jenny Carlson.
``He yelled to Mike to stop (and) pulled a gun from his waist band,'' Sue Beitko wrote of Jacob Carlson in her statement to police. ``And I heard four gun shots.''
Jacob Carlson's view
Jacob Carlson told reporters he was no match for the much bigger Beitko. Carlson was also recovering from a fractured vertebra in his neck.
``As the events unfolded, it became very clear to me that my options were narrowing,'' he said. ``I tried to get Mike to respond in a way to resolve the situation without anyone getting hurt. But as that became impossible, I had only one option left.''
As police arrived, Beitko lay in the driveway while his wife of nine years performed CPR.
According to Akron police and Summit County court records, Beitko had been suspended three times, including once for assaulting his wife.
``I loved my brother-in-law, and I still do,'' Jacob Carlson said. ``I've been praying for him, his wife and children every day since this happened.
``Mike did have a lot of good qualities. He did a lot of good things for people, myself included. I just want people to know that, and I hope he's in a better place now.''