Nearly one year after the deadly officer-involved shooting in St. Clair Township that left two dead, the special prosecutor assigned to the case has found that the officers responding to the scene acted accordingly on a threat to their lives.

Muskingum County Special Prosecutor Ronald Welch told 21 News that he traveled to Columbiana County to speak with the families of 4-year-old Rosalie Martin and 29-year-old Joseph Como, both of whom were fatally shot after officers responded to a call on January 22, 2025, for a report of a suicidal man.

Welch said after reviewing all the evidence in the case, which included reviewing video, photos, DNA reports and interviews, that no criminal charges would be filed against St. Clair Township Officer Dakota Wetzel, who acted on a threat of a suspect with a gun.  

Welch said he spoke with all parties on Thursday morning and called the event tragic for everyone involved. 

Officers were called to St. Clair Avenue just before 2 p.m. on January 22 and came upon Como, who was walking northbound along St. Clair Avenue. 

Officers exited their vehicles and called to Como, followed by Officer Wetzel yelling, "Stop... Let me see your hands, let me see your hands."

Como started walking towards Wetzel, with his right hand obscured from view, but then moved his hand outward, showing a gun.

Wetzel fired five rounds at Como, striking him, and Como fired at the officer, striking Wetzel in the head. One of the bullets fired by Officer Wetzel struck and killed 4-year-old Rosalie, who was sitting inside a nearby dentist's office, directly behind where Como was standing. 

Officer Wetzel was seriously injured but has since recovered and returned to work for the department.

Martin's father, Jessel Martin, said he's spent this past year coping with the trauma and worries that justice won't be served for his daughter. 

"She needs justice somehow. This is not right," he said, "I panic every time I hear a siren. Pretty much anytime I see a cop, mostly the sirens. For me, it's a really bad trigger, because that is the first thing that I heard right before her last breath." 

Welch was assigned the case in September of 2025 after the Ohio Bureau of Criminal Investigation said it could not investigate it due to a conflict, and the case was then referred to the Ohio State Highway Patrol for investigation. OSP concluded its review of the case in August, and the case was then sent to the Columbiana County prosecutor's office in September. Judge Megan Bickerton's court then asked Muskingum County to review the case. 

"I'm used to knowing her actions, knowing how she sounds, knowing what she would be doing right now if she were here, but she's not," Martin said, "That's what I have to go through." 

Special Prosecutor Welch told 21 News that he would release a more detailed report on his findings next week. 

21 News contacted Officer Wetzel on Thursday morning; he said he was not aware of the findings and declined to comment. 21 News stopped by the Como family's house, but a woman who answered the door said the family did not wish to comment. 

St. Clair Township Police Chief Brian McKenzie sent 21 News a statement saying, "Muskingum County Prosecutor Ron Welch, who was appointed special prosecutor to review all the evidence from the shooting incident that occurred in St. Clair Township on January 22, 2025, has notified St. Clair Police Chief Brian McKenzie, that no criminal charges will be filed. Prosecutor Welch will complete a written report of his findings at a later time. Any questions can be directed to Prosecutor Welch."