A convicted felon is accused of threatening to kill a Hamilton County judge and his “whole family,” but court records show he will go to trial Tuesday on only a single misdemeanor charge.
If convicted of aggravated menacing, Xavier Jackson, 24, of Mt. Airy, could face up to 180 days (six months) in jail and a $1,000 fine.
His bench trial was scheduled to begin Tuesday morning, but it has now been postponed until next week.
Cincinnati police initially charged Jackson late last year with felony retaliation over the alleged threats against Judge Christopher McDowell and his family—his wife and three adult children—but a Hamilton County grand jury declined to move forward with that charge, according to court records.
Judge McDowell told FOX19 NOW he is “very disappointed” with how the county prosecutor’s office handled the case and said he was not kept informed.
Xavier Jackson, 24, is accused of threatening to kill a Hamilton County judge’s family before his sentencing on Tuesday.(Hamilton County Justice Center)
Judge upset how case was handled
We contacted the Hamilton County Prosecutor’s Office on Monday seeking comment about how the case was handled, but officials did not respond.
We followed up again Tuesday morning and will update this story once we receive a response.
“I was told by the prosecutor’s office this would be a felony. I was also told that I would be kept informed of the case. I was let down on both accounts,” Judge McDowell tells FOX19 NOW.
“If you threaten to kill a judge and his family, it should always be a felony, and all victims deserve to be kept informed of their case. I’m very disappointed in how this case was handled.
“If a sitting judge who is a crime victim cannot get justice in this county, who can?”
He said the county prosecutor’s office told him he did not need to testify before the grand jury, but he insisted and ultimately did testify.
The judge said he also clearly informed the victim’s advocate and the prosecutor involved with the grand jury that he wanted updates throughout the process, including on plea negotiations and court dates.
“I did not hear another word from the county prosecutor’s office ever. Last week, a city prosecutor called and asked to meet with me about the case to interview me and prep me for trial. Last Thursday, he came to meet with me and told me for the first time that the case was set for trial on Tuesday and I had to testify and it was no longer a felony. I still have not received a subpoena for the case.”
He described the handling of the case as “really sloppy.” He added, “If this is the way a sitting judge is treated, how do they treat the victim of an ordinary crime?”
Marsy’s Law in Ohio gives crime victims specific rights, including fair and respectful treatment, consideration of their safety, and timely notice of legal proceedings.
Victims also have the right to decline a defense interview, deposition, or other discovery requests unless a court orders otherwise.
They can also hire an attorney or seek help from the Ohio Crime Victim Justice Center to enforce those rights, including filing an appeal if their rights are violated.
City prosecutors handling case now
Because the charge has been reduced to a misdemeanor, prosecutors for the city of Cincinnati are now handling the case.
FOX19 NOW has reached out to a city spokeswoman for comment and will update this story once a response is received.
Threatening to kill a county judge and their family is generally treated as a serious criminal offense and is typically charged as a felony that can carry multi-year prison sentences, according to the U.S. Department of Justice.
Common charges in such cases include retaliation against a public official, intimidation, or making terroristic threats.
In Ohio, the state also classifies this behavior as a serious criminal offense, often prosecuting it as felony intimidation or retaliation.
These offenses are punishable by up to 36 months (3 years) in prison and are often accompanied by charges of aggravated menacing, according to state law:
- Intimidation (ORC 2921.03): Knowingly attempting to influence, intimidate, or hinder a judge by force or unlawful threat of harm is a third-degree felony.
- Retaliation (ORC 2921.05): Threatening a judge or their family in response to a court action or to influence future actions is also a felony.
By comparison:
- Aggravated menacing: (ORC 2903.21): Threats causing a person to believe they are in immediate danger of death or serious physical harm, a misdemeanor offense frequently filed alongside intimidation.
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