James F. Toothman (Hamilton County Detention Center)

A group of fact finders in Ohio has declined to return an indictment against a 55-year-old man accused of killing his longtime girlfriend by sitting on her head and breaking her neck. A grand jury in Hamilton County on Monday chose to ignore a murder charge for James F. Toothman, a day after he was arrested and charged with first-degree murder in the slaying of 65-year-old Jeni Russell, court records reviewed by Law&Crime show.

Despite the grand jury’s reluctance to bring the charge against Toothman, who is legally blind, the Hamilton County Prosecutor’s Office on Wednesday said they are not through with the case.

“The case was ignored by the grand jury today,” Amy Clausing, a Prosecutor’s Office, said in a statement to news outlets. “However, the matter is still under investigation. Charges can be refiled if appropriate based on the continuing investigation.”

Hamilton County Common Pleas Court docket for James F. Toothman

As previously reported by Law&Crime, officers with the Cheviot Police Department and firefighters with the Cheviot Fire Department responded on Sunday to a call of an unresponsive woman at an apartment complex on Lovell Avenue, about 10 miles outside of Cincinnati.

Once there, first responders found Russell facedown on a couch in the living room. She died at a hospital.

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Officers said that while at the home, they overheard Toothman make an “unsolicited” comment about Russell’s death being his fault because he “sat on her head.” A nurse at the hospital where Russell was taken also told police she heard Toothman saying he sat on her.

An investigator with the Hamilton County Coroner’s Office who observed Russell’s body reportedly told detectives the victim appeared to have a broken neck. Police alleged Toothman “purposely” killed Russell.

Court records reviewed by Law&Crime showed that Toothman and Russell had a history of domestic violence, with each having been arrested multiple times over incidents allegedly involving each other. Toothman was charged with domestic violence assault against Russell in 2018, 2019, and 2021. Those charges were dropped due to a lack of cooperation from Russell.

In his 2018 arrest, Toothman allegedly pushed Russell to the ground and was “smothering her” by holding a mattress over her to prevent her from breathing.

As recently as March 8, police responded to their home and found Toothman with wounds on his chest and his head.

“He stated that Russell struck him over the head and stabbed him with unknown objects,” police wrote in a probable cause affidavit.

Russell was arrested and charged then with domestic violence assault. Prosecutors served Toothman with two subpoenas to testify against Russell, but the subpoenas were reportedly sent back because the couple’s apartment was discovered to be vacant. The charge against Russell was subsequently dismissed.