NELSONVILLE, Ohio — A civil case against former Hocking College police officer Cecil Morrison, who shot and killed Nelsonville resident Michael Whitmer in 2021, was terminated Wednesday, May 28, after both parties agreed upon its dismissal, pointing to a likely settlement agreement.
The case was dismissed with prejudice. That means the plaintiff, Michael Whitmer’s estate, can never refile the same claim against Morrison.
The attorney for Whitmer’s estate declined to give comment for this story. Morrison’s attorney did not immediately respond to a request for comment.
However, local prosecuting attorney Michael Fradin told the Independent that filings in the case suggest a settlement agreement was reached.
“Usually, stipulated dismissal with prejudice is a settlement,” Fradin said. “Otherwise, why would the plaintiffs stipulate to the dismissal with prejudice?”
Chelsea Whitmer, Michael Whitmer’s spouse, filed suit through her husband’s estate in the U.S. District Court for the Southern District of Ohio Eastern Division in 2022. She said her primary motivation was to see greater accountability for Morrison.
While on duty as a Hocking College police officer, Morrison assisted the Nelsonville Police Department’s response to a reported domestic dispute at the Whitmer residence on July 27, 2021.
Body camera footage released by the Ohio Bureau of Criminal Investigation shows Morrison arriving on the scene to find Michael Whitmer, apparently unarmed, in his car with a child. The lawsuit identifies the child as Whitmer’s then-four-year-old son.
Whitmer attempted to reverse his car out of his driveway multiple times, in an apparent attempt to flee. Morrison ran behind Whitmer’s moving vehicle and fired several gunshots into the vehicle. According to case materials, Whitmer died of multiple gunshot wounds.
Morrison entered a no contest plea for criminal charges related to Whitmer’s death in April 2022. He surrendered his Ohio Peace Officer Training Academy certificate but did not serve jail time.
The lawsuit said Morrison’s use of deadly force was unreasonable and violated Michael Whitmer’s constitutional rights. Morrison, in his answer, argued that Whitmer was using his car as a weapon.
The stipulation for dismissal notes that each party will pay their own attorney fees and costs, and includes no details about why the parties agreed to dismiss the case.
The stipulation for dismissal was filed days after the judge noted there had been no recent movement in the case. The previous filings were both on Wednesday, March 12.
In one filing, Morrison withdrew a motion seeking summary judgement in the case. In the other, Chelsea Whitmer withdrew a separate motion in the case, which had laid the groundwork for her to file her own motion for summary judgement.
Chelsea Whitmer’s attorney noted in a filing that he had been preparing a settlement demand to bring to a mediation on Friday, March 7, just three business days before the motions were withdrawn.
“Whenever there’s a mediation, and then there’s a dismissal with prejudice soon after, it was probably settled,” Fradin said.
Settlement agreements, in which the parties in a lawsuit privately agree to terms that end the case, are frequently confidential. This is often to prevent damage to reputation, generally to defendants.
