CINCINNATI, Ohio — Prosecutors in Hamilton County will not seek the death penalty against Rodney Hinton Jr. after agreeing he has a qualifying serious mental illness, a decision that could significantly shape the future of the high-profile case.

What You Need To Know

  • Prosecutors in Hamilton County will not seek the death penalty against Rodney Hinton Jr. agreeing he has a qualifying serious mental illness

  • If accepted by the judge, the finding would make Hinton legally ineligible for capital punishment under Ohio law

  • Hinton is charged with aggravated murder and other counts in the death of Hamilton County Sheriff’s Deputy Larry Henderson, who was killed last May

The agreement was reached during a court hearing Monday and is based on evaluations from three mental health experts, prosecutors said. If accepted by the judge, the finding would make Hinton legally ineligible for capital punishment under Ohio law.

Hinton is charged with aggravated murder and other counts in the death of Hamilton County Sheriff’s Deputy Larry Henderson, who was killed last May while directing traffic outside the University of Cincinnati’s graduation ceremony.

“Based upon the findings of the reports of the three experts, we believe the SMI issue has been proved,” a prosecutor told the court.

Defense attorney Clyde Bennett said the ruling confirms what the defense has argued since Hinton’s arrest.

“We said this time and time again from the outset that Mr. Hinton was not in his right mind,” Bennett said. “He should not be punished as a criminal. He should be treated for his mental illness.”

Prosecutors have said the incident occurred just hours after Hinton viewed police body camera footage showing Cincinnati officers fatally shooting his son, Ryan Hinton, during a stolen car investigation earlier that day. The shooting and the later crash involving Deputy Henderson shocked the region and prompted widespread scrutiny.

In addition to aggravated murder, Hinton faces charges including murder and felonious assault.

During Monday’s hearing, the judge also granted a defense request to enter a plea of not guilty by reason of insanity. Bennett said the next phase of the case will focus on establishing that Hinton’s mental illness directly affected his actions at the time of the incident.

“The answer is crystal clear,” Bennett said. “He was not in his right mind.”

Under Ohio law, a defendant found to have a qualifying serious mental illness at the time of the offense cannot face the death penalty, even if convicted of aggravated murder.

The judge is expected to rule on both the serious mental illness determination and the insanity plea on Jan. 14.

Hinton’s trial is currently scheduled to begin April 6.

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