Lucas County grand jury indicts three following shootout with police

Jayvon Wynne, with attorney Sheldon Wittenberg, left, is arraigned Friday December 8, 2017 in Toledo Municipal Court.

THE BLADE/DAVE ZAPOTOSKY
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Three men charged in connection with a shootout with Toledo Police outside a carryout near the Old West End were indicted Thursday by a Lucas County grand jury.

Jayvon Wynne, 22, of the 700 block of Blum Street and Richard Morris, Jr., 26, of the 1000 block of Markham Court each were indicted on two counts of felonious assault, each with a firearm specification, and improperly handling firearms in a motor vehicle.

Jayvon Wynne, with attorney Sheldon Wittenberg, left, is arraigned Friday December 8, 2017 in Toledo Municipal Court.

Morris, who has a prior felony conviction, also was indicted for having weapons while under disability.

The grand jury also indicted Phillip Overton II, 22, of the 1200 block of Mason Street for complicity to felonious assault and improperly handling firearms in a motor vehicle.

Jeff Lingo, chief of the criminal division of the Lucas County Prosecutor's Office, said Mr. Overton was driving the car in which both Mr. Wynne and Morris fired shots Dec. 6 at Officer Norman Cairl and Sgt. Duane Poole, who were inside an unmarked police vehicle.

Mr. Wynne fired two shots from the front passenger side, Mr. Lingo said, both of which struck the officers' vehicle. Morris allegedly fired once from the backseat.

The officers were not struck but returned fire, wounding both Mr. Wynne and Morris. The incident occurred outside the Monroe Carryout, 2829 Monroe St.

Mr. Lingo said Mr. Wynne, Morris, and Mr. Overton all exited the car on the passenger side. Mr. Wynne and Morris took off running, and at one point Morris raised his weapon and pointed it at police.

Richard Morris, 26, of the 1000 block of Markham Court, addressesToledo Municipal Court Judge Michelle Wagner about his conditions while incercerated during his arraignment on a charge of felonious assault in Toledo Municipal Court on December 12.

“At that time, the officer shoots him,” Mr. Lingo said. “Morris goes down and drops his weapon right there. In the meantime, Wynne was struck in the shoulder by the other detective.”

Mr. Wynne allegedly had a 9-mm handgun with a 30-round clip, and both he and Morris were wearing full black face masks, Mr. Lingo said.

“Not only were they armed with very dangerous weapons, but they had masks,” he said.

The grand jury determined that no further investigation into the officers' shooting their weapons was necessary, Mr. Lingo said.

“They found the officers' use of force was justified,” he said.

The three suspects all are being held in the Lucas County jail.

Contact Jennifer Feehan at jfeehan@theblade.com or 419-213-2134.