Editor’s Note: Below are two statements — one from the offices of Bellefontaine Mayor David Crissman and Service-Safety Director Wes Dodds and one jointly signed by several members of Logan County law enforcement — concerning Logan County Common Pleas Court Judge Kevin P. Braig’s recent ruling to overturn the jury conviction — a rarely occurring event — of Marcus Cobb. Judge Braig cited in his decision that city police officers violated Cobb’s Fourth Amendment rights during a Dec. 30, 2023, traffic stop and subsequent arrest.
Joint Statement of Logan County Law Enforcement:
In December of 2023, an officer of the Bellefontaine Police Department on patrol observed who he believed was Marcus Cobb, a wanted person, as a passenger in a vehicle. Preliminary checks indicated the same, that Mr. Cobb was a wanted person. After observing the driver commit a traffic infraction, the officer stopped the vehicle, and a short time later confirmed it was Mr. Cobb and also confirmed the warrant was valid out of the family court for the arrest of Mr. Cobb. The officer awaited a second officer, approached the vehicle, and requested Mr. Cobb exit. Mr. Cobb repeatedly refused, began to roll up the window, and locked the doors. Although Mr. Cobb was asking why, he was also verbally declaring his refusal. Moments later, his driver unlocked the doors and one of the officers was able to open it. Mr. Cobb then began to berate the driver in anger and continued his refusal to exit at which time he was removed while continuing to resist the officers, and now attempting to flee. The struggle went to the ground, at which time Mr. Cobb struck one of the officers twice. The officer returned a single strike while the struggle continued. One of the officers then resorted to a Taser, and the device was employed two times (drive stun). The first Taser employment failed to stop the resistance. The second employment, both of which were to the lower back, gained compliance. Medical attention was called for and provided to Mr. Cobb for minor injuries sustained during the struggle.
The force used to take control of Mr. Cobb was reasonable, legal, and within the policies and procedures of the Bellefontaine Police Department. The escalation of force was solely due to the actions of Mr. Cobb who refused to simply comply with the lawful orders of the officers.
The case proceeded through the court system. This included a Preliminary Hearing at which time the Municipal Court Judge ruled that probable cause of the crimes existed. A Logan County Grand Jury then concluded that probable cause existed and that criminal charges were warranted against Mr. Cobb. The Grand Jury indicted Mr. Cobb at which time the case made its way through the process of the Common Pleas court of Logan County. The case would eventually go before a jury of Mr. Cobb’s peers, and he was convicted at trial by that jury who also concluded that the crimes occurred and that he was indeed guilty.
As you may now know, Judge Braig has acquitted Mr. Cobb and dismissed the case against him having further ordered that the taxpayers pay associated costs as if Mr. Cobb was the victim. We also now know that Judge Braig inappropriately and with purpose provided an instruction to the jury that there was a claim of self-defense that could be made by the defendant. This is false as there is no such claim to be had when resisting police during lawful action. Moreover, his ruling included statements that no reasonable juror could conclude a conviction was possible being that no evidence was presented of such crimes.
At no time, did the defendant, the defense counsel, the prosecution team, a member of the jury, or any other person raise concerns regarding self-defense or go so far as to ridiculously allege excessive force or a violation of constitutional rights. Only Judge Braig, clearly prejudiced by what one can only conclude are personal motives raised such false allegations. It should be noted that each of these statements made by the Judge is outside of his jurisdiction to do so.
Judge Braig also inappropriately offered that the defendant was entitled to be informed of the warrant and/or a reason to exit the vehicle. This is also patently false. The ability of the police to order any individual into or out of a vehicle was established in 1977 if for no other reason but to preserve the safety of those involved. Being that Mr. Cobb’s criminal history is replete with crimes of violence, threats to kill law enforcement, resistance to arrest, and weapons charges, it has warranted a label of caution provided to law enforcement should they come into contact with him. Mr. Cobb’s behavior is a pattern of behavior he has repeatedly engaged in for decades which even he knew to be true. This was evidenced by his own statements during the trial where he testified that even if he had known about the warrant in advance, he would have “probably” complied. It is for individuals such as Mr. Cobb that the legal system has afforded law enforcement such authority.
The Law Enforcement Officials of Logan County jointly condemn the ruling and actions of Judge Braig. This decision is irresponsible and dangerous. There will now be those that believe, if nothing else, that they do not have to exit a vehicle when ordered to do so by a law enforcement officer, and that you are able to assault a peace officer without consequence. Neither of these things are true. We also fully support the efforts of the Logan County Prosecutor’s Office in their effort to appeal.
The Law Enforcement Officials of Logan County also recognize, appreciate, and respect the service of the juries which must bear witness to such cases and who are often forced to make very tough decisions in an effort to assist in finding justice and maintaining law and order in communities.
Lastly, for those that believe that the officers should be placed on leave, disciplined, or held to account in some way according to a clearly erroneous opinion. Chief Marlow wishes to be very clear in that this will not happen. These officers performed as they should and as they should be expected to. Chief Marlow also wants to be clear in that the entirety of the situation is unfortunate. A violent encounter between an individual and the police is not ideal, not sought, and not pretty. In this instance, Mr. Cobb chose resistance and violence and the police countered to a level appropriate to establish control and take into custody a violent wanted person.
Signed:
Christoper S. Marlow, City of Bellefontaine, Chief of Police
Randall J. Dodds, Logan County Sheriff
Joe Freyhof, Village of Russells Point, Chief of Police
Michael J. Thompson, Washington Township, Chief of Police
Shane Oelker, Village of West Liberty, Chief of Police
Terry Brentlinger, Village of DeGraff, Chief of Police
From the offices of Mayor David Crissman and Service-Safety Director Weston Dodds:
We strongly disagree with the recent decision of Logan County Common Pleas Court Judge Kevin Braig to acquit Marcus Cobb of assaulting a police officer and obstructing official business. We stand firmly with our Bellefontaine Police Department and fully support the actions of our officers, who conducted themselves lawfully and professionally during the incident.
In December 2023, officers lawfully stopped a vehicle in which Cobb was a passenger and confirmed an active warrant for his arrest. Given Cobb’s extensive criminal history, including violent offenses and threats against law enforcement, officers delayed notifying him of the warrant until he was in custody to ensure their safety—an approach fully supported by case law. Cobb’s choice to violently resist arrest, including striking an officer, led directly to the escalation. Blaming our officers for his actions is nothing short of a distortion of the facts.
Judge Braig’s decision to acquit Cobb despite the Bellefontaine Municipal Court, a Grand Jury, and a trial jury finding sufficient evidence is a miscarriage of justice. His ruling, which wrongfully shifted focus onto alleged procedural missteps rather than Cobb’s criminal behavior, not only disregards the evidence but demonstrates a blatant bias. Judge Braig’s
insertion of self-defense considerations for Cobb’s assault on police officers is a dangerous and legally unsound move that undermines public safety.
This ruling is a disgraceful attempt to discredit the integrity and professionalism of our law enforcement officers. Judge Braig’s actions will only serve to embolden criminal behavior in our community and erode respect for law and order. His inflammatory and biased narrative is both reckless and damaging, and it demonstrates a clear abuse of judicial power.
The City of Bellefontaine fully supports the Logan County Prosecutor’s appeal and are pursuing other avenues to address this negligent decision. We stand resolute in our commitment to the values of integrity, pride, service, and fairness exemplified by the Bellefontaine Police Department, even in the face of such a profoundly unjust decision.
