The Ohio Court of Appeals has upheld the dismissal of a criminal complaint affidavit filed by Marvin Benson against a police detective. The ruling, issued on September 15, 2026, confirms that the lower court acted correctly in dismissing the case based on the prosecutor's findings. This decision impacts Benson, who previously faced serious charges related to the death of a child.
Benson's case centers around a tragic incident from April 2018, when paramedics discovered the lifeless body of his girlfriend's six-year-old son in their home. The child showed signs of severe abuse, with the coroner attributing the cause of death to blunt force trauma. Following the investigation, Benson was convicted of felony murder and sentenced to 15 years to life in prison. His conviction was affirmed by the court in 2020.
In May 2026, Benson filed a citizen criminal affidavit under Ohio Revised Code (R.C.) 2935.09, claiming that Detective Greg Clark had committed various crimes during his police interview. Benson alleged offenses including kidnapping and intimidation. The Guernsey County Prosecutor’s Office investigated these claims but found no evidence to support them. Consequently, the trial court dismissed Benson's affidavit based on the prosecutor's response.
The Ohio Court of Appeals, presided over by Judge Robert G. Montgomery, reviewed the case and confirmed the lower court's ruling. The judges concluded that the trial court did not abuse its discretion in dismissing the affidavit. They noted, "The trial court acted on the affidavit in accordance with the statutory procedure set forth in R.C. 2935.09 and R.C. 2935.10."
Benson raised several arguments in his appeal, claiming that the trial court made errors in handling his affidavit. He contended that the court improperly assigned a civil case number to his affidavit instead of a criminal one, and he argued that the prosecutor had a conflict of interest due to her personal connections to the case. However, the court found that the designation of the case number did not affect the proceedings and that there was no conflict of interest since the allegations were against a former police detective, not the prosecutor.
Additionally, Benson argued that he was denied due process because he did not have the opportunity to respond to the prosecutor's findings before the case was dismissed. The court ruled that once the trial court referred the matter to the prosecutor, its duty ended, and it was not required to allow Benson to respond or provide findings of fact.
In conclusion, the court affirmed the dismissal of Benson's affidavit, stating that the trial court's actions were in line with the law. This ruling reinforces the importance of following proper legal procedures when filing criminal complaints and highlights the challenges faced by individuals seeking to challenge law enforcement actions.
The outcome of this case may set a precedent for future filings under R.C. 2935.09, particularly regarding the responsibilities of courts and prosecutors in handling citizen-initiated complaints. It emphasizes that allegations against law enforcement must be substantiated with evidence to warrant further investigation.
Looking ahead, Benson may consider appealing this ruling to a higher court, but details were not available in the court filing regarding any pending actions. The dismissal of the affidavit marks another chapter in a complex legal battle stemming from a tragic event.