Judge weighs trial for suspect in officer's 1972 shooting

In this Monday, Jan. 30, 2017, photo, Lori Cooper, left, discusses her efforts to bring to trial the suspect who shot her father, Columbus police officer Niki Cooper, in 1972, as Niki Cooper and partner Bob Stout, right, interrupted a burglary, in Columbus, Ohio. After her father’s death three years earlier, Lori Cooper discovered the 82-year-old suspect was alive and living in Dayton, Ohio, about an hour away. (AP Photo/Andrew Welsh-Huggins) (The Associated Press)

In this Monday, Jan. 30, 2017, photo, Becky Cooper, left, the ex-wife of former Columbus police Officer Niki “Nick” Cooper, and their daughters Amy Cooper, middle, and Lori Cooper display a photo of Niki Cooper from his days on the Columbus, Ohio, police force, in Columbus, Ohio. Niki Cooper was shot in 1972 while interrupting a burglary and never regained full use of his left arm. The family wants the 82-year-old suspect, now living in Dayton, brought to trial. (AP Photo/Andrew Welsh-Huggins) (The Associated Press)

COLUMBUS, Ohio – A judge is weighing arguments for and against bringing an 82-year-old suspect to trial in the nonfatal shooting of an Ohio police officer almost 45 years ago.

Defendant Charles Hays was indicted but never prosecuted following the shooting as the case fell through the cracks.

Columbus police officer Niki Cooper was hit in the left arm in March 1972 when he and his partner interrupted a burglary.

Cooper never regained full use of the injured limb. He died just over three years ago at age 71.

Hays' lawyer says reopening the case would violate Hays' constitutional speedy trial rights.

The Franklin County prosecutor says Hays, who lives in Dayton, never waived his right to a speedy trial.

Franklin County Judge Guy Reece scheduled a hearing for Tuesday.