Attorneys for an Ottawa Hills police officer found guilty of felonious assault in the shooting of a motorcyclist two years ago are arguing his case once again.
In 2010, a Lucas County jury found that Thomas Caine White, 27, used excessive force in shooting motorcyclist Michael McCloskey, 25, during a traffic stop. White was found guilty of count of felonious assault with a gun specification.
The Ohio 6th District Court of Appeals heard arguments at the University of Toledo College of Law on Thursday.
According to published reports, White's attorney argued he was acting under a good-faith mistake as a police officer and therefore shouldn't face criminal prosecution.
The prosecutor countered with dash cam video from the shooting to show McCloskey made no movement as if he had a weapon and that he gave no indication of being a threat to White.
White remains free on bond pending appeal. The panel of judges will release a written decision after they come to a consensus.