Rosalie Martin

LISBON — The special prosecutor reviewing the evidence in a deadly 2025 officer-involved shooting in St. Clair Township announced Thursday the shooting was justified — no criminal charges will be filed.

Muskingum County Prosecutor Ron Welch, who was appointed as special prosecutor for the case, spoke first to the families of the deceased, 4-year-old Rosalie Martin, Steubenville, and Joe Como, 29, Wellsville. He also notified the St. Clair Township Police Department, whose patrolman, Officer Dakota Wetzel, was injured in the shootout.

“Looking at how the interaction with Mr. Como and Officer (Dakota) Wetzel played out, just in those few moments, he (Wetzel) was presented with making a decision in literally less than a second that was going to impact someone’s life forever. Based upon the investigation, what he did was justified,” Welch said by phone.

The shooting occurred on Jan. 22, 2025 on St. Clair Avenue near the Huntington Bank and the Dentistry for Children and Teens office when St. Clair Township police officers confronted Como, a diagnosed schizophrenic, who was allegedly suicidal. Body camera footage reportedly showed law enforcement officers firing first at Como, who was standing in front of the dentist office when he was shot. Como was armed when Wetzel and Detective Chase Askounes made contact with him. After Como was shot, he fired back, hitting Wetzel in the head. Como later died from multiple gunshot wounds. Wetzel was life-flighted to a Pittsburgh area hospital and recovered enough to attend the Columbiana County law enforcement memorial luncheon in June. Rosalie was in the dentist office when a stray bullet pierced a window pane and struck her in the head. She later died at East Liverpool City Hospital awaiting life flight.

Based on his review of all the evidence gathered, which included body camera footage from officers, other video footage, a DNA report, a ballistics report and the thorough investigation done by law enforcement and the Bureau of Criminal Investigation, Welch said the case will not be presented to the grand jury.

According to Welch, Wetzel arrived on the scene after receiving a call about Como and called to him after exiting his cruiser. Como turned and started walking toward him and by then another officer had arrived. Como was told to show his hands and as Como was being approached and his arm was coming out, a firearm was visible. Welch said Wetzel then fired five shots. The first two shots hit Como, then Como spun away as a third shot was fired. Wetzel then fired two more shots as Como fired one shot that hit Wetzel in the head. One of Wetzel’s final two shots hit Rosalie Martin in the dentist office.

Welch said Como still appeared to be moving and the other officer on the scene fired 11 to 13 shots.

The time from the first contact with Como to the shooting lasted less than 25 to 30 seconds.

Welch arrived in the area Wednesday because he wanted to look at the scene where the shooting took place and went to that area of St. Clair Township to see it in person. On Thursday morning, he spoke with both families separately at different times at the Columbiana County Prosecutor’s Office in Lisbon.

“I wanted to have an opportunity to explain to them my decision,” he said, adding that he also wanted to show them any video footage or body camera footage they wanted to see and answer any questions they had.

Como’s family listened to the initial confrontation, but nothing beyond that. The Martin family did not look at any of the videos or reports. The father had already seen the video.

When asked about their reaction, Welch said, “They were not happy. I understand their anger and frustration. I can’t begin to understand the depths of their loss.”

He said this was tragic in all aspects.

“All of the people involved have suffered emotional impact that will never go away for any of them, will be something that is with them forever,” Welch said.

He spoke out about the need for more mental health resources.

“There needs to be an increased focus on how to assist people with mental health issues,” he said, adding that when things go bad, “officers are put in the position of making a split second decision regarding their safety and the safety of the public due to ineffective mental health resources for those suffering from mental health issues.”

In this situation, the time to attempt to de-escalate didn’t exist.

He said there is a failure in the mental health system. He also said the blame doesn’t fall on Como or the officers or the families.

“Based upon watching the footage, there was not going to be a safe ending for anyone,” Welch said.

A detailed written report will be issued by Welch at a later date.

St. Clair Township Police Chief Brian McKenzie when contacted Wednesday acknowledged that he was notified by Welch that no criminal charges will be filed. McKenzie said he had no comment at this time and would not comment until he receives the report from the special prosecutor. He said he knows the end result, but doesn’t know the findings. Once he has that report, he said he will issue a press release.

Wetzel remains on administrative leave.

Columbiana County Prosecutor Vito Abruzzino said in December that Columbiana County Common Pleas Court Judge Megan Bickerton appointed Welch a few months ago as special prosecutor after Abruzzino recused his office from reviewing the case. The prosecutor’s office is the statutory counsel for the township.

mgreier@mojonews.com

(Staff Writer Kristi R. Garabrandt contributed to this story)