Judge to rule on reopening '72 shooting of Ohio officer

In this 1970 family photo provided by Lori Cooper, Columbus, Ohio, police officer Niki Cooper poses in his "Company D" jacket signifying his membership in a unit of officers that worked an 8 p.m. to 4 a.m. swing shift during the police department's busiest hours. An 82-year-old man who was indicted, but never prosecuted, in the nonfatal shooting of Cooper almost 45 years ago cannot be tried now, a judge ruled Thursday, Feb. 16, 2017. Cooper, who died just over three years ago at 71, rarely spoke of the event and his family said he was never the same afterward. (Photo courtesy of Lori Cooper via AP) (The Associated Press)

COLUMBUS, Ohio – A judge is set to announce whether prosecutors can bring an 82-year-old suspect to trial in the nonfatal shooting of an Ohio police officer almost 45 years ago.

Defendant Charles Hays was indicted but never prosecuted following the 1972 shooting, as the case fell through the cracks.

Columbus police officer Niki Cooper was hit in the left arm when he and his partner interrupted a burglary.

Franklin County Judge Guy Reece heard arguments last week and plans to rule Thursday morning.

Cooper never regained full use of his injured arm. He died just over three years ago at the age of 71.

Hays' lawyer says reopening the case would violate Hays' constitutional right to a speedy trial.