Cuyahoga County Prosecutors argued at the Ohio Supreme Court Wednesday that the conviction of the man who killed Cleveland firefighter Johnny Tertrick should be reinstated to murder rather than involuntary manslaughter.
In 2024, an appeals court in Cleveland overturned Leander Bissell鈥檚 murder conviction for Tetrick鈥檚 death in 2022.
Bissell ran into Tetrick while trying to get around an accident scene on I-90 on Cleveland鈥檚 East Side. Bissell was sentenced to life in prison with the possibility of parole after 16 years.
The appeals court left in place Bissell鈥檚 conviction for involuntary manslaughter but found that he had not known his actions, driving into lanes where first responders were working, would probably lead to Tetrick鈥檚 death.
鈥淭here is no doubt that Bissell caused the death of Firefighter Tetrick," the appeals court wrote. "Unlike the cases cited by the State, there is no evidence Bissell knowingly used his car as a weapon to cause serious physical harm. The State鈥檚 argument that Bissell acted knowingly disregards the distinction between knowing and reckless conduct.鈥�
The arguments at the Supreme Court hinged on defining the word 鈥渒nowingly.鈥� Cuyahoga County Assistant Prosecutor Michael Wajda argued the circumstances at that scene, on the night of Nov. 22, 2022, leads to the conclusion that Bissell knew what would happen.
鈥淲hen you speed through a closed-off accident area for which as many as seven police cars are blocking the left two lanes, when you do that, you know, for the accident area, that there will be first responders on foot,鈥� Wajda said. 鈥淵ou know that there'll be firefighters who may have to suppress a fire from a turned over car and you know that the police officers will be there either investigating or cleaning up the scene or rendering aid.鈥�
According to court documents, when Bissell arrived at the scene of the accident, police cars and other first responders were directing traffic into two of the four lanes. The accident involved a car and a truck. The car had rolled over and was resting on the left side shoulder.
Instead of waiting to merge with other cars, Bissell drove into one of the blocked-off lanes. A truck鈥檚 dash camera filmed as Tetrick went into the road to pick debris. Bissell hit him driving between 45 and 60 mph, knocking Tetrick across three lanes of traffic.
Bissell fled the scene, though argued later that he did know he had hit Tetrick.
Bissell鈥檚 attorney, Tim Sweeney, argued the series of events does not prove Bissell knew what he was doing would likely lead to anyone鈥檚 death.
鈥淵ou know, we're arguing here about whether this should be murder or should it be involuntary manslaughter," Sweeney said. "It's homicide in either event. Why is this not fairly viewed as recklessness, like every case throughout the state?鈥�
Chief Justice Sharon Kennedy, and the other justices who questioned Sweeney, seemed to agree with the prosecutors about Bissell鈥檚 actions.
鈥淗e, with 27 other people, should have waited their turn to get into the far-right lanes because you have cruisers, with active red lights, creating a traffic control scene," Kennedy said. "That鈥檚 what he should have done."
The justices will issue a decision at a later date.
