FINDLAY, Ohio — The Ohio State Highway Patrol has released dashcam video where a trooper was shot during a traffic stop on I-75 in Findlay.
The video shows a Chevy Suburban speed by Ohio State Highway Patrol trooper Josef Brobst just after 11 p.m. on Oct. 6.
The driver, 42-year-old Robert Hathorn of Muskegon, Mich., pulls over on I-75 in Findlay after about one minute and Brobst asks him to step outside the SUV.
Brobst tells Hathorn he isn't under arrest and that he won't be put in handcuffs. Brobst then searches Hathorn before asking him to sit in his patrol car. The pair step out of sight of the camera.
Hathorn asks if he can stand outside, saying that he's not comfortable sitting inside the car. It's unclear if Hathorn remains outside the trooper's vehicle.
A portion of the video is without audio. According to OSHP Sgt. Ryan Purpura, the audio has been removed due to personal information.
Still off-camera, Brobst can be heard reading Hathorn his rights before questioning him. Brobst says he smelled marijuana from the vehicle and asks Hathorn about the smell. Hathorn says his passenger had smoked a blunt in Michigan, but there's no marijuana in the SUV.
Hathorn tells the trooper that he does not have a medical marijuana card in Ohio, and Brobst explains the laws regarding medical marijuana in Ohio and Michigan.
Brobst asks Hathorn to continue standing and explains he is going to give Hathorn a warning for speeding and a ticket for not wearing his seatbelt properly, and that he's waiting on another unit to search the car because of the marijuana smell.
Then the pair come into view of the camera in the middle of a physical struggle. They tumble over the guard rail and again off-camera. The trooper shouts for Hathorn to get off his taser. Hathorn tells the trooper to get off him and Brobst again tells Hathorn to get off his taser.
A gunshot follows shortly after and Brobst can be heard yelling.
Hathorn jumps the guard rail and into view, before getting back into the SUV and speeding off.
An hours-long search followed before Hathorn was taken into custody around 1 p.m. Oct. 7 after being identified by a civilian, according to troopers. Three children and a woman were in the vehicle with Hathorn at the time of the incident - they're not considered suspects, OSHP said.
Hathorn is charged with felonious assault, aggravated robbery, tampering with evidence, two counts of having weapons while under disability and failure to comply with order or signal.
Hathorn was originally charged with felony aggravated robbery with a deadly weapon after allegedly using Brobst's service weapon to shoot the trooper after a struggle during the traffic stop on Oct. 6.
Brobst was discharged from the hospital and is recovering at home from gunshot injuries to his lower body.