The man facing the death penalty for killing a Hamilton County sheriff’s deputy is seeking to have death removed as a possible sentence because of serious mental illness.
Attorneys for Rodney Hinton Jr. filed a motion July 25, seeking a court order to make the 38-year-old ineligible for the death penalty.
Under Ohio law, a defendant who has a serious mental illness cannot face the death penalty. Four conditions qualify: schizophrenia, schizoaffective disorder, bipolar disorder and delusional disorder.
At a hearing July 25 in Hamilton County Common Pleas Court, Judge Jody Luebbers did not address that issue. But she made rulings on numerous motions filed by Hinton’s attorneys, including a motion to suppress Hinton’s statements to police. Luebbers denied that request, at least for now.
One of Hinton’s attorneys, Clyde Bennett II, wrote in the two-page court filing that Hinton has been diagnosed with more than one of the mental health conditions listed in the law. He did not list specific conditions.
At the time of the killing, Bennett wrote, Hinton’s conditions “significantly impaired (his) capacity to exercise judgment … and (appreciate) the nature, consequences and wrongfulness of his conduct.”
He is seeking to have Hinton evaluated by a doctor.
Also at the hearing, Luebbers granted Bennett’s request to preserve Cincinnati police video of Hinton viewing footage of his son’s shooting death.
“This issue is the primary issue in this case,” Bennett told the judge, referring to Hinton’s mental state at the time of the killing.
Prosecutors say Hinton intentionally drove his car into Deputy Larry Henderson on May 2 as the officer was handling traffic control for a University of Cincinnati graduation ceremony.
It happened just hours after Hinton and his family met with Cincinnati police to review body camera video of his 18-year-old son being fatally shot by a Cincinnati police officer.
Bennett has previously indicated that he will pursue an insanity defense for Hinton. Hours before the incident, Hinton and other family members had been shown body camera video of Hinton’s son being fatally shot by Cincinnati police.
Hinton’s lawyers have yet to file a motion seeking to evaluate his competency for trial, which is a separate issue.
In response to concerns over competency issues being raised closer to trial, Luebbers set a backup trial date for April 13, 2026. Hinton’s trial is currently scheduled for Jan. 12, 2026. He’s being held at the Clermont County Jail.
This article originally appeared on Cincinnati Enquirer: Man accused of killing deputy seeks to remove death penalty due to mental illness
Reporting by Quinlan Bentley, Cincinnati Enquirer / Cincinnati Enquirer
USA TODAY Network via Reuters Connect
