September 23, 2004

County Grand Jury indicts villager on murder charges

Michael Rittenhouse

By Diane Chiddister

The Greene County Grand Jury last Wednesday indicted local resident Michael Rittenhouse for aggravated murder, with a death penalty specification, for allegedly killing Timothy Lopez on Jan. 22, 2002.

The indictment also includes the charges of aggravated robbery and abuse of a corpse.

Rittenhouse was scheduled to be arraigned in Greene County Commons Pleas court on Wednesday, Sept. 22.

Soon after the indictment became public, Rittenhouse’s attorney, Jon Paul Rion, said that the charges against his client are inappropriate and that Rittenhouse acted in self defense.

“We’ve attempted to show them the relevant facts but the prosecutor’s office refuses to look at the truth,” Rion said.

The Grand Jury heard evidence from Suzanne Schmidt, the Greene County first assistant prosecutor, before returning the secret indictment.

At a press conference announcing the indictment, Schenck explained the possible outcomes of the charge and repeated several times that his office and Rion could still reach a plea bargain.

“Michael Rittenhouse is a young man. That’s something that I and this office consider seriously. I do not seek the death penalty easily,” said Schenck.

He later added: “I’m not comfortable seeking the death penalty unless in an extreme case, and I will not characterize this case as being that or not. I will say this office is open to other resolutions” besides the death penalty.

If the case goes to trial, it will probably take place sometime next spring, Rion said.

The indictment came almost seven months after the Feb. 19 arrest of Rittenhouse, who turned himself in to the Yellow Springs Police Department after the Greene County sheriff’s department issued a warrant for his arrest.

The day before, authorities, acting on a tip, searched Rittenhouse’s Allen Street home, looking for the remains of Lopez, who had been missing for two years.

Though they were initially unsuccessful, the authorities returned to Rittenhouse’s home after he turned himself in, and Lopez’s remains were found buried in the Rittenhouse’s backyard early on the morning of Feb. 20.

The Greene County coroner determined that Lopez died as a result of blunt trauma after receiving “multiple blows” to his head, Schenck said.

The prosecutor alleged that robbery was the motive, but declined to elaborate.

Lopez was an 18-year-old Yellow Springs High School senior when he was reported missing by his family on Jan. 22, 2002. His car was found parked near the Grinnell Mill in Glen Helen that same day. Law enforcement officials, including Miami Township Fire-Rescue and John Bryan State Park rangers, searched the Glen, Clifton Gorge and Bryan Park for several days. Lopez and Rittenhouse were classmates at YSHS.

The Grand Jury was originally scheduled to consider an indictment against Rittenhouse by April, but the deadline was extended to June, and again to September. The Grand Jury extensions were necessary so that the prosecutors could collect all the evidence in the case, Schenck said.

The investigation continued “to determine if other persons were involved and to investigate what happened and motives,” said Schenck. At this point, Schenck said, investigators concluded that there was no reason to continue.

He also said that during the seven-month investigation “I have uncovered nothing of substance since this was first reported that changes the facts as they were reported.”

Since Rittenhouse was arrested, Schenck said, “there have been numerous discussions with defense attorney Rion and those discussions continue.”

For the first time last Wednesday, Rion presented Rittenhouse’s version of what took place on Jan. 22, 2002.

That day, Rittenhouse came home early from school to take a nap before that night’s basketball game, Rion said. When Rittenhouse was sleeping, Lopez, without permission, entered the Rittenhouse home, which was unlocked, Rion said, and found Rittenhouse, who Lopez believed owed him money.

“Lopez used force,” Rion said. “He threatened Michael, who became scared and acted in self defense.” The attorney also said that Lopez threatened to kill Rittenhouse’s family members.

“This is not a case where the death penalty should be applied,” Rion said. “You are allowed to use force when people break into your home.”

At the Sept. 15 press conference, Schenck declined to comment on Rion’s statement.

Schenck outlined possible outcomes to the Grand Jury’s indictment. Rittenhouse may choose either a trial by jury or by a panel of three judges. If the jury upholds the aggravated murder charge, Rittenhouse could be sentenced to death, to a life sentence with no parole, or to a sentence with parole after either 25 or 30 years, Schenck said. If he is found guilty on a lesser charge of murder that is not aggravated, Rittenhouse could be sentenced to life with parole after 20 years, or a sentence of not less than 15 years and not more than life.

The aggravated robbery charge carries a sentence of up to 10 years, which could be served concurrently or consecutively, and the charge of abuse of a corpse carries a sentence of up to 12 months, which could also be served concurrently or consecutively.

Since he began his term as Greene County prosecutor in 1981, Schenck said, his office has sought the death penalty in about nine cases, of which four “were taken to the full conclusion” and the accused received death sentences. Out of those four, the state executed one man in 2003, while the other three remain on death row.

“The other four or five were resolved without a full trial,” Schenck said.

Schenck also said that the prosecutor’s office welcomes new information on the case. He encouraged anyone who has information to call 562-5250.

Tim Lopez was the only child of Barbara McQuiston, who lived in Clifton at the time of his disappearance and has since moved out of state, and of John Lopez, who lives in Dixon, Calif.

The McQuiston family declined to comment.

Reached by phone, John Lopez said that he did not believe Rittenhouse’s assertion that Lopez broke into his house and threatened him.

“Anyone who knew Tim knows he was not like that. He did anything he could to avoid trouble. He wasn’t the bravest kid,” said Lopez.

Lopez said that he is currently on disability from work, because of his difficulties coping with his son’s death. He also stated that “I feel for Michael’s parents.”

Michael Rittenhouse is the son of Gilah Pomeranz and Bill Rittenhouse, who also declined to comment. Michael Rittenhouse remains held without bond in the Greene County jail.