Proposal would make political assassinations a capital offense

Ohio state Rep. Josh Williams, R-Sylvania, this week joined Rep. Jack Daniels, R-New Franklin, to introduce a sweeping measure that would make assassinations of politically connected figures automatically eligible for the death penalty.

Under House Bill 457, a murder would be elevated to aggravated murder if prosecutors determine it was politically motivated, such as targeting a candidate for public office, or targeting a staff member of a candidate or elected official with political motivations. This new classification would carry a mandatory life sentence without parole and permit prosecutors to seek capital punishment.

Additionally, HB 457 would create a “political motivations” enhancement that prosecutors can apply to other violent felonies, resulting in a mandatory 10-year sentence if the political intent is proven.

Ohio.News caught up with Williams and asked him if this new measure would further open the door for introducing hate crime-type legislation.

“When there is additional intent, we escalate penalties,” he said. “We do that with purpose, knowing, reckless, and negligence. Political intent should have the same escalation of penalty.”

Williams later spoke with Spectrum News 1 and further defended the need for this legislation by telling them, “We saw legislators get murdered in Minnesota, we’ve seen white powder get sent out to legislators here in Ohio, and then we saw a civilian get murdered for his political views. It is OK to debate these topics, but it should never be allowed to lead to violence.”

Some legal scholars caution the proposal would take the Buckeye State into uncharted territory. Michael Benza, a law professor at Case Western Reserve University, said he is unaware of any other jurisdiction that treats political motive as a standalone enhancement justifying death.

“I don’t know of any jurisdiction that has a political motivation as a reason to enhance a penalty,” he told Spectrum News 1.

He is also warning that it could raise the burden of proof on prosecutors, who must not only show guilt of a specific action but also would then need to prove political motivation behind the violence.

Rachel Coyle of Ohioans Against Extremism raised a concern when discussing the proposal with The Ohio Capital Journal about how exactly this new measure will be applied.

“What is to stop the state from, for example, only giving the death penalty to left-wing cases or only to right-wing cases? It is very easy to abuse,” Coyle told the publication.

Proponents have been quick to argue that the bill is timely. They frequently cite recent high-profile violence that has had political connotations. Last year, then-candidate President Trump was shot once and avoided being shot a second time during his campaign for President.

In June, Minnesota Speaker of the House Melissa Hartman and her husband were both murdered by a political operative. And then in September, legendary conservative activist Charlie Kirk was gunned down by an assassin’s bullet.

If passed, HB 457 would represent one of the most aggressive expansions of state capital law in recent memory. The bill still must clear committee assignments and secure legislative debate, pass and then gain the governor’s signature before becoming law.

Ohio last carried out an execution in 2018.