The brother of Kate Allen, who was shot and killed by her estranged husband last year, is suing Cracker Barrel.
BROOKLYN, Ohio - The Cuyahoga County prosecutor said the officers who responded to a deadly domestic violence shooting incident at the Brooklyn Cracker Barrel restaurant earlier this year followed protocol.
Prosecutor Bill Mason announced the findings Monday following a full review of the events of April 11. The Ohio Bureau of Criminal Investigation and Identification also took part in the investigation.
"After reviewing the facts surrounding this tragic case my office found that the officer's actions throughout this incident were appropriate," said Mason in a news release.
Police said 51-year-old Kevin Allen of Strongsville shot and killed his estranged wife, 42-year-old Kate Allen, and their two daughters, 10-year-old Kayla and 9-year-old Kerri. Officers then shot and killed Kevin Allen as he tried to leave the restaurant with a shotgun in hand and didn't surrender.
Kate Allen had called 911 before the incident , telling the operator she had told Kevin that he was going to leave him and he didn't take it well. He was circling the parking lot in his vehicle, waiting for her to come out.
Officers actually arrived at the restaurant before the shooting happened. In the police radio traffic released after the incident , one of the officers reported seeing Kevin Allen.
"I just pulled up, spotted him. He's driving through the lot now," said the officer.
But when Kevin Allen entered the restaurant, the officers stayed outside for at least three minutes – and the Brooklyn police chief said his officers used the time to clear a disabled bystander, which was a part of department procedures.
Ron Borsch, who is with the Southeast Area Law Enforcement Task Force training academy in Bedford, said in April that officers should have pursued the gunman as soon as they knew of gunshots.
Brooklyn police released a portion of the in-cruiser video recorded during the incident, but it did not show the complete events of what happened that night. Now that the investigation is complete, NewsChannel5 is requesting an unedited version of that recording.