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2026-10-22 16:59
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law enforcement officials are responsible for putting criminals behind bars but what happens when they're the ones who get sentenced to prison here are five times where corrupt police officers were sentenced in court our debit card was put in a machine and the money was taken from our checking account well obviously that doesn't answer the question where did the money in the checking account come from but from at that time I was making the salary of the sheriff and my wife was making approximately 2500 just just asking the question here that that that's all this is Charles reer a former Pike County Sheriff who in 2019 was accused of stealing money from his Department's drug busts for his gambling addiction reer was also brought into National Spotlight back in 2016 for his gambling at the time reer had been a part of a case in which eight members of the Roden family were found massacred in Pike County reader claimed that he couldn't get any sleep because of the case which in turn led him to gambling your honor I stand here before you today to take accountability for the my actions as a sheriff of Ohio I should excuse me I shed bad light on the office of sheriff I can only ask that my staff their families the community and my family who is here today will forgive me for the undue stress I caused him for this I am terribly sorry I stood in this court on September 24th and pled guilty to the charges against me to accept responsibility for my conduct that day within minutes everything that I've worked for professionally and honorably for 25 years was stripped to me with nobody to blame but myself my staff and I had United with the community and had a partnership and trust and they truly believed in us as a unit as a whole and I betrayed that trust if I could go back and change it I would a million times for this is not who I am never ever did I imagine myself on the defense side of this courtroom that I've spent 25 years of my life in in this County in law enforcement as the sheriff I gave my staff in this community all of me every ounce of my being you are aware your honor that this has affected my mental health as well as my physical well-being there's nothing left for me to give or to take from me other than my freedom I have and I now pray that the court will find mercy on me and I beg the court if they see fit to grant me Community Control even with the strictest sanctions that I have proven to this court in the past 2 and 1/2 years that I can abide by I am a good person who made bad decisions and choices I can continue to be a productive citizen in this County and be in the community with the love that I have for my family my friends and my neighbors I'm asking all this so that I have the opportunity to watch my son graduate from high school and attend college this year my daughter is getting married in October so that I can be there for her and my wife so I can be a husband that I haven't been in 25 years due to my career I've just not been there given the opportunity I would be able to spend the time with my mother and my father and continue to be there for them when they need me in the last years of their lives as I've experienced this week with my dad when 2 days ago I thought that I had lost him he's still at Riverside isn't he yeah yes ma'am he's not on a ventilator he is on he's he's on two forms of ventilation without the actual well that's not what the nurse said but okay he's on he's got some oxygen or breathing equipment but it's not avilable I have no words for the shame that I have and that I feel in the regret that I have betray and discipline the trust that I had with my staff in the community and causing damage to my family's good name again I beg of you to impose a sentence of community service but the strictest sentencing and sanctions y honor please do not send me to prison I have Ro but I'm not rued I still have a lot of good left in me thank you for your time it's evident that Mr reer has committed a dishonorable offense and although Mr reer asks for forgiveness the gravity of the crimes he's committed leaves little room for leniency the only appropriate consequence for such a misconduct that would be accepted by the judge citizens and the law is imprisonment I have a couple of questions for you the big question I have and is on everyone's mind I'm me is why did you cut open these evidence envelopes and take the money out and then in some cases you put it back although you were caught because the envelopes had been unsealed uh and sealed again improperly and the denominations did not match what was taken at the crime scene or from those individuals uh I guess why did you take the money I took the money and mind you this does not excuse it but from drug dealers that took it from parents of very poor people in this County that money regardless of what the state and what the media has claimed in the past years of a gambling problem and that money being used for gambling was used when there was a tree planted in the name of the sheltman boy it's at the entrance of Western High School to the left as soon as you pull in nobody could pay for that tree nobody offered to pay for that tree a drug dealer did when schools had um cheerleading or peeeee that had car washes and such I would have our Cruisers taken down there my men and women did not make good money so some of them would give them $2 $5 I took money from that and I provided it to those people now I replaced it in time the money was not in the safe the day that they came and they did the search warant in my office 3 days prior to that which the state has not included I had knowledge from my secretary Kelly Sanders that the security company was coming into my office and that office was going to be open to anyone I removed those monies from that safe and I put it in the back of the F250 that I drove now the day they did the search for I'm sorry and it would be safer in the lock box in your car then it would be in a safe open Office only you have and a few other people have the combination Well ma'am no one should have had the combination but me and it strikes me that Lieutenant burett at the time would make a statement to the state that he'd never seen the accordion file that I provided the state I did so only on the direction of chiefs Michael Spirits who'd worked for the state at the time who asked me if I had a comprehensive list of all monies that was in that safe and I did not due to the prior Sheriff never when there was an officer involved shooting that involved his brother that sheriff resigned and I took over that office when I swore him in as a special Deputy he left two black marks leaving that office he never he handed me the keys he never did an inventory of the safe never provided any paperwork of what was in that safe the money in that safe or anything I find it odd that in their search warrant their confidential informant tells them everything to do with my office where the safe is that I have members of my staff telling them that they have never seen anything like that in my safe which would only be suspect to the fact that they had gained entry into my office and into my safe to have that information to provide to the state I did what Chief Spirits asked me to do I organized and made a list of every envelope and every dollar that was in that safe including the name of the defendant the date that it was taken and provided to the state at my attorney's office to the point that I had to lend my knife to them to open these packages so that they could be counted my attorney was called away for court and I continued to stay in that office and assist the state and Counting the money to my knowledge there was none of the envelopes that didn't contain the right denominations of money their discretion or their objective is that the money from a video that was counted appears to be different than money that was in the envelopes that they seen well from the video from the PSI the video shows on different dates officers counting out money in one instance yourself um yeah coming to $7,000 for instance and then turning it over and there was like $600 short and ma'am your honor I advised my attorney I would take a stipulated polygraph on the $1,000 that I provided on that particular case that the state now has a cashier's check for $11,000 for State versus Carter at that scene on Rainbow Trail Road I was with Lieutenant burett it was videotaped it was videotaped of Mr Carter opening a locked door there's a videotape that exist opening a locked door so we could prove that that door was locked and that Mr Carter had a key we entered that it was being videotaped by Lieutenant burett Mr Carter pointed out where those funds were they were in some sort of little container if I remember correctly they were pulled from thata container and counted they were taken to the back of that same F250 and placed in the same lock box in that F250 where Mr Carter got in the front passenger side of my truck with me Lieutenant burett followed me in his vehicle directly to the office without stopping we got to the office I provided Lieutenant burett with the entirety of those funds so where the Thousand mistake comes in I have no idea whether it was a counting error I have no idea but I would agree to a stipulated polygraph but you put guilty I I did ma'am yes your honor and you're asking me and I'm giving you the explanation and I have paid the restitution I understand you've given uh yes your attorney but that particular case restitution um that was doing do an owing excessing $4,000 $4,850 that's been done today all right I want to go back to all right in the PSI the precense investigation it indicates what you're saying here as to why you claim you use the money for various charitable Community things and then but the PSI officer notes there's no documentation that you used it for those things right I did not document those things okay now I I want to ask you about this all right that's your statement which you say you use the money for and okay that's on record um right I do want to ask you some other things here okay the majority of the acts in this indictment took place between June 2017 and July uh 2008 uh or right June 2017 and September 2017 okay uh the state uh obviously alleges in their brief that particularly since you do not have any documentation of that you use this quote for charitable purpos pures uh they secured your bank records and credit card records and all of that uh and indicates uh did you lose $3,000 gambling at the scota downs Rino between June 2017 and September 2017 yes not by myself they have cards and and of course again your honor I've pled guilty to this but they have cards that you put in a machine I can have a card in my name and I can have a card in my name that my wife possesses so I can be at one machine and she can be at the other and the money that she spends and the money that I spend they count on the same card and calculate the money as one now the state has my financial records They will see that when we are at those casinos and I have not been to one since and will never be one again that the money was taking that our debit card was put in a machine and the money was taken from our checking account well obviously that doesn't answer the question where did the money in the checking account come from but no at that time I was making the salary of the sheriff and my wife was making approximately $2500 just just asking the question here that that that's all the pay okay uh also I want to ask you in late June 2017 you took a trip to Reno Nevada for the sheriff's conference and then you withdrew 20 $2800 in an ATM this is an addition to the expenses related to the trip for which you were not ured reimbursed until later are you see where they the state believes that some of this is due to camp I mean you're talking like over or almost $6,000 in a couple months that you lost um or expended on gambling and at that point we were making almost $111,000 a month and that again was from my checking account where it should show my direct deposits my wife directs deposits and that it came from our debit cards where I retrieved that money I don't doubt it came from your debit cards the question is where did the money come that went to your checking account that's I guess that's that's that's where that's where the media reported that I had merital problems because it came from our joint bank account my wife made very good money at the time and I took that money and I gambled okay all right um that's all the questions the court has thank you your honor thank you all right I initially want to say um first of all I have sentenced a number of public officials every case is different no two set of facts are the same in deciding what I believe is an appropriate sentence the court has looked at the purposes and principles of sentencing I've read over the briefs Ed by the attorneys I've read over the pre-sentence investigation you know what I have one more question for you yes your honor here it is okay now the thrust of some of the letters especially from Miss craft the licensed social worker yes ma'am who did who didn't start to see until March 2019 talks about the stress from all these cases all these criminal cases that rod and murders and whatever did you ever tell your counselors about about stealing uh from the evidence envelopes yes we discussed that I'm sure there was a lot of stress and sleepless nights uh you had in terms of your post-traumatic stress syndrome or your anxiety caused by the fact that you opened up these envelopes and took money it didn't belong to you yes your honor I was being treated since 2013 for those conditions and it progressively got worse well it it got worse during the time period in which these offenses occurred and uh in 2016 starting the investigation of the rodent homicides but I wanted to ask you that because I from what I can tell uh the social worker never mentioned anything in there as a stress factor she just focused on your police work uh and I would think as I said if you committed a theft wouldn't that cause stress no Mr boo let him talk I didn't want him to interrupt you yeah I apologize go ahead I believe in the last letter that she provided she spoke of the court cases and the stress and things that I was encountering because of that as well I'm I'm unsure I I believe I provided that to my Council yes but that that's that's again uh in terms of the the stress over this case which has caused I'm sure Untold trauma for you and your family uh it's always the unintended innocent victims the families that actually suffer the most in 2020 the accused Mr Charles reer faced a series of felony charges including theft in office and tampering with evidence accepting the responsibility for his crimes Charles reer pleaded guilty then in a decisive courtroom moment on March 24th 2021 in Waverly the judge sentenced rer to a total of three years in prison one year for the two counts of theft in office and two years for the two counts of tampering with evidence but if you think that it's the end to such horrendous cases then you're in for a surprise with the case of police chief Scott Gardner yeah it's it's it's been 2 years since I've met to talk about this U and and I greatly do a I apologize first off for wasting the Court's time wasting the State of Ohio's time um it was never my intention to have this unreported and as as M uh Edward expressed as soon as I found out what was happening and the state makes the allegation of of why I did it after the subpoena I didn't know there was anything wrong or going going on until I received the subpoena this is Scott Gardner aged 49 a former East Cleveland police chief who was indicted in August 2022 on various counts including theft in office telecommunications fraud and tampering with evidence in the summer of 2023 he was re-indicted and prosecutors added counts related to filing fraudulent tax returns money laundering and new theft offenses Mr Gardner is sorry for what happened he absolutely is remorseful this has been very very difficult for him he has has asked me on a number of occasions what am I going to do I have to make sure that this never happens again like I you know it worries him he he doesn't want he doesn't want to engage in this sort of behavior he doesn't want to be seen as somebody who would steal from the state of Ohio Mr Gardner is a person that cares about others I can say that from my personal experiences with him I can say that from the way I see him interact with others he is a very kind of man he is generous he would help anybody with anything he really would it's just his nature I know I had said it before but just as generous as as Mr Gardner is with others in he would pay for things for others you saw that in the letters he would buy other people things if they needed them he put his own money into the department he put his own money into the fop and maybe maybe some of the money was that but Mr Gardner is not only did he do those things but he is trying to pay that back and he's paid a significant portion of that back and he will continue to make payments on that he's dedicated to doing that he's dedicated to taking care of his responsibilities and he cares about other people him attempting to be a cheat or a thief or anything of that nature is not his intentions it's it's really not Mr Gardner is a caring person and I think that he is going to now tell you how he got into this situation and he would like to apologize to the court and the state of Ohio honor thank you um yeah it's it's it's been two years since I've been able to talk about this um and and I greatly do AP I apologize first off for wasting the Court's time wasting the State of Ohio's time um it was never my intention to have this unreported and as as Miss hward expressed as soon as I found out what was happening and the state makes the allegation of of why I did it after the subpoena well I didn't know there was anything wrong or going going on until I received this Suba I immediately took action I I fully acknowledged that that money is not my money the money was accepted as I've learned that I should not have accepted or kept um so I fully acknowledge that and I fully prepare you know since that time i' I've had certified public accountants uh filing my sales tax uh with the inter term of my CPA actually firing me because of this incident uh recently but um my my intention is to make certain that this does not occur again um this is not who I am this is not what I want my my perception to be uh for the remaining time and I I appreciate the the time your honor for me to be able to speak I want to be real clear Mr Gardner because I don't want you to have any um false impression about the impression that you've made on me this isn't just Reckless on your part I don't believe that for one minute not for one second do I believe that you're just a poor bookkeeper we're talking about a factor of over 10 you you paid a th000 when you were supposed to pay 12,000 you paid 3,000 when you're supposed to pay 49,000 that's not an oops that's not a I I just I'm a slobby bookkeeper that's a person who essentially was and maybe miss miss Hibert is right when she said that says that you did good things with some of that money but you were essentially robbing from Peter to pay Paul and and I I don't buy the argument that it was just an oversight and as soon as it was brought to your attention you said oh my gosh let me correct this um I believe you believe that you could just do this get away with it nobody would notice um but for the phenomenal investigative work done by the agents um who testified this case I think you never would have paid this money um so I don't buy that argument I don't buy the sloppy bookkeeper argument um it just it doesn't fly I I'd listen to the testimony sometimes when cases aren't tried as judges it becomes difficult to assess what really happened because you you don't get to really hear uh the facts of the case U as much as you do when there's a trial but here it was abundantly clear that you were you just were kind of running a scam I mean we're not going to get too deep into it because a lot of the counts were dismissed against you but there was an awful lot of testimony that I heard uh that that signaled a a guy who was willing to cut Corners um that's who you are I mean let's not kid ourselves right this is your third time in the courtroom or is it fourth third or fourth time third your honor all right so we we have two separate instances where you've been charged with this sort of behavior right the first time it happens you might say oh my God here I am a police officer I've been charged in pis County for misconduct revolving around um a cigar shop I own might say well you know I'm a fine police officer but I'm a bad cigar shop owner operator um I've got to do better then you get another case and you say oh my God I can't believe this happened again I I've got to do better now a third time and we're supposed to write that off as just another oops that's that's nonsense I don't buy it not for one minute that's not to suggest that Miss Hibert is wrong when she says that there's good in you I'm certain that it's true um but but you were stealing to come in here and say something else um is somewhat offensive um in the end though what you play guilty to was a single fourth deegree felony with a presumption in favor of community control and as judges we're not just throwing darts at a spinning board and hoping that we hit the right sentence we use the guidance that were given and this is a nonviolent offense you have no felony criminal history so this is your first felony conviction um I don't see that as a small matter um I see particularly someone who's spent their career in law enforcement uh having to carry around a felony conviction as a significant thing um so although I'm I'm in no way fooled by your story of the hapless business owner who just can't shoot straight I'm not going to overreact um and incarcerate you today um I don't believe that police officers um when they commit crimes that are really unrel related to their business ought to be treated more harshly than say a butcher a baker or a Candlestick maker you know the fact of the matter is um I I'm going to sentence you like I would anyone else charged with a low level nonviolent felony of the fourth degree who has no prior felony criminal history so although I certainly appreciate why the government might be inclined to ask for prison here I think I think it would be an overreaction I think it's unfair to people who have committed their lives to law enforcement which is a real honor to be able to say that my job is to protect and serve the community uh I mean that's a real honor but I don't think that the payback for having committed yourself to a life in law enforcement is for judges to immediately send you to prison and apply some sort of police officer specification that means whenever a police officer commits a crime they have to go to prison when another person wouldn't I don't think that's appropriate um so I'm not going to incarcerate you even in the face of your foolish explanation as to why you did this you need to take some time while you're on probation um and and and do some soul searching and figure out what your life plan is going to be because cutting corners and running raggedy businesses where you steal from the state hasn't worked for you you're now a convicted felon here's where it gets a little bit more interesting now that you are a convicted fon and you're about to be on probation to me for the next 5 years if I even get a whiff a sniff that you're cutting Corners out there in the world that you running some kind of a business and maybe not doing the things that you're supposed to do that maybe you put a business in someone else's name and you're teaching them them how to cut these Corners if I find out about it you're going to prison do you understand me yes R is there anything unclear about that no you're right you're going to have to pay this restitution you will be responsible for what is it $149,000 $149,950 4.50 um that restitution will be a condition of your community control if I sent you to prison it would make it more difficult for you to repay that debt um so that's one of the other benefits of you being able to be in the community and in addition to that um you know it's also not lost on me that that you tarnish the badge when you do this now you didn't do it relative to your work as a police officer right this wasn't something that that that you used your role as a police officer um to sort of get away with the crime um but look let's let's be clear the reason why all these cameras are pointed at you is because you're a police officer not just police officer but chief of police who has fallen this far it stains the badge it blemishes the badge you going you going to have a consequence that's tangible not just the intangible um consequence of a felony conviction uh you're going to give back to the community uh this went on for many years um going back to 2014 our window is a is a six-year window um so with that in mind you're going to do 600 hours of community service 100 hours for every year that you engaged in this scam and that's what it was it was a scam I don't again I don't be repetitive but the slobby book keeper story is not believable for a guy that's been in court on two separate occasions for similar conduct so for each year you engaged in in this um scam you'll do 100 hours of community service uh I would certainly um I I would never over any point in that 5 years your own probation to me I'd never forget that I I I'm giving you a chance that your judge gave you a chance right but that's all it is if it turns out that Miss soul and and the state of Ohio is right and you just don't have it in you to do good then you'll make a mistake over these 5 years and you'll end up going to prison on the other hand I hope that just like me on some level the state of Ohio is rooting for you to do well right the goal of this is to see people not recidiviz the goal of this is to correct behavior and there ought to be punishment the punishment is a $600 of community service but but the hope is that over the course of the next 5 years um even if it's only out of fear um the state of Ohio won't have to worry about you stealing from the state anymore uh because of that that heightened anxiety that your your freedom is at stake do you understand yes sir uh normally it's the course of inclination um to to create incentives uh for people to do well on community control uh and so I I always look for ways to consider terminating Community Control early so I would commonly put people on maybe 5 years of community control but I'll say look if you can show me a year of sobriety um 12th straight months will terminate your probation but I want you to understand I'm not going to do that in this case I want there be some certainty that you're being supervised for as long a period of time as I possibly can so that's the that's the uh maybe the one dis similarity to the way I'm treating you and I might someone else um I want you to be supervised for as long as the law allows me to do it and that's the 5 years uh so while you're on uh Community Control you'll report monthly uh you'll be drug tested um you will have to maintain verified ible employment um you are um you are on a habitual offenders list so you can't um operate a business in the state of Ohio you'll have to have some sort of verifiable employment um I I'll I'll give you some flexibility there because I understand that you are retired but but there's going to have to be some work you'll have to show that you're doing some work in addition to just a community service um as I indicated okay you will be drug tested um I don't know if there's a drug issue here maybe there's not um none whatsoever you're hon that's that's fine I'm happy to hear that um but but on the off chance that there should come a time uh where you test positive for an illegal substance I want you to understand I'm not going to incarcerate you for that uh we'll just we'll talk more and we'll figure out a way to help you if there is a drug issue that that uh that that should arise um and to that uh to that end I want you to be forthcoming with our probation department if there are issues that you have that maybe haven't been addressed in open court uh maybe they're too private uh to discuss in open court discuss them with your probation officer develop a relationship with the probation officer so that you can speak with that person we have a fantastic probation department um bless you um I I I I certainly hope that you're able to pay this money back I um I don't want you to think that just because um maybe on some level I've had some harsh words for you Mr Gardner um that that I want to see you do poorly uh to the contrary My Hope Is that this sentence uh will have the net effect of you doing well and extricating yourself from the system and never having to uh to to go through this again do you understand yes your honor uh Miss Soul anything else on behalf of the state no your honor we just just asked the journal entry to reflect the restitution amount it will be in the journal entry thank you Hebert nothing thank you I'm all rise in March 2024 Mr Gardner pleaded guilty to one of the tax related charges in a plea deal that dropped the other 23 counts against him between 2 14 in 2019 Gardner failed to pay more than $23,000 in state sales taxes from his private security business according to kyoga County assistant prosecutor Samantha Soul Gardner was placed on probation for failing to pay taxes in two other cases in 2014 the same time he started failing to pay his taxes in this case considering all the offenses Mr Gardner was sentenced to 5 years of Probation and 600 hours of community service for tax charge the off officer in the next video is another example of law enforcement misconduct leading to legal consequences and ultimately losing the case how's it going man offer L Clarkson Police Department put your phone down for a second what you got in your pocket there is that just something hanging off your backpack what is that a hanger what are you doing with that is this your bike yes it's your bike you got ID on you why do you need my ID cuz somebody saw you looking at cars so I'm here just check and see what's going on you got ID on you yeah I do but yeah I'm figuring that out right now I'll take a look at your ID though you don't need my ID unless I did something unless you're taking me in for something turn around put your hands behind your back right now for What Turn Around put your hands behind your back now for what before we get started pick it up please rev the you're going to obey me or you're going to go on the obey you because I'm giving you a lawful order for what turn around and put your hands behind your back did I do anything yes turn around and put your hands behind your back what did I do do you want to get tased excuse me turn around and put for what do you know I work here turn around and put your hands behind your back do you know I work here this is my bike okay so what did I do for you to approach me and then tell me that put my hands behind my back sir what are you arresting me for sir I'm not arresting you right now you're not cooperating with me and you're getting no you asked me for my ID I don't have to give you my ID unless I've done something what have I done turn around and put your hands behind your back for what are you arresting me and for what I'm detaining you detaining me for what why are you DET you're you're not even listening to what did I do for you to detain me turn around put your hands behind your back was there a report that I stole something yes there was a report that I stole something turn around you just said hold up stop stop I can get my phone out wait a why are you putting your hands on me why are you putting your hands why you hands stop no no no stop you're about get paid what you're going to get paid put your hands on me stop why are you put your hands on me stop resisting you are attacking me stop resisting call vehicle you match the description stop resisting guy vehicle prbly a black guy why are you trying to take me down you fight you are trying to me take me down for no reason you're pushing me stop pushing what you need to stop I know my rights okay my right stop talking and stop fighting or we will use Force you're using Force now stop we haven't even started oh and I yes John record this this officer apprehended a black man for attempting to get on his motorbike claiming the man was pretending to have access with keys in hand the suspect repeatedly asked the officer to State the reason for the arrest a struggle ensued as the suspect resisted the unnecessary arrest prompting the officer to tase him this excessive use of force led to the officer being sued stop additional units why are you detaining me put your hands behind your back why are you detaining match the description of a vehicle proud suspect at this time you're being detained detained for what what did he do what did I do stop I just told you what did he do vehicle PR suspect I'm not a vehicle stop resisting okay okay you're under arrest for obstruction obstruction what obstructing what stop resisting stop resisting get on your stomach stop resisting you're going to get tased again over vehic PR suspect is he yes stop resisting you're going to go or you're going to get tast get on your stomach out work I just got out of work you got a wallet on you yep you got a e yep where's it at it's in my wallet where's your wallet at it's in my pocket which pocket and unless you need take me out right now you're under arrest for obstruction and resisting arrest what arrest for what arresting me for what we're not going to argue right now arresting me for what is the problem get him out of here know arrest yeah what what what you resting for stand up manring what Justice obstructing what huh obstructing what getting on my own bike getting on my own motorcycle everything's being audio and video recorded that's good be good for the Lo all right I'm going to do this one okay get this off of here put them in your car and transport that way I can get everything else done here CLK wait have a minute us jail all right come on the officer in the next clip faced a significant legal battle after a wrongful arrest the resulting lawsuit was substantial and he ultimately lost the [Applause] case where is the bike at the bike's park down side yeah the blue one there we pulled it off okay you might come and talk to me I I don't know what happened he pulled the bike off I'm not talking to nobody really these guys saw what happened I didn't okay if you're not talking to anybody you can leave well you can leave you're dismissed we can't leave you we can't leave I'm not leaving okay then come and talk to no I'm not going to come talk to you I'm not going to come talk to you police officer man just did you pull the bik did you pull the bike off going to come talk to him did you pull the bike off him I did not okay so you just told me you did nothing to do with me okay you're free to leave yeah you're free to leave what's his name uh Preston that's all I know Preston what I don't know you got ID on your boss I'm need an ID now okay 17 I got uncooperative witness come on over here right I need to talk to youal right I need I don't want to talk to you you have to talk I want to talk no I don't you do okay you've ined yourself came down here to help them I don't have to talk to anybody this going go one or two I don't have to talk to anybody this is going to go talk body okay either you're going to sit here and talk to me we'll just have a short conversation or I going to arrest you for obstruction no you're not OB I'm not obstru you're right here I'm not obstructing nothing these guys are taking care of it please just come talk to me no okay turn around I don't I don't want to talk to you turn around right now no no turn videotape this sh I'm already doing right here turn around no you're wrong my constitutional rights I don't have to talk to you I don't have to I don't have to ID myself he's being he's [ __ ] cop I came down here to help I don't know what happened and I'm telling you that I'm telling your put your hand behind your you want to talk to me put I'm not telling you again you're being a little a littleit dick put your hand behind your back now no you're being wrong hand being wrong videotape this Sher he's going to get you if you videotape this [ __ ] what are you what are you what are you [ __ ] with me for what are you [ __ ] with me for what are you [ __ ] with me what the [ __ ] are you [ __ ] with me for I have nothing to do with this this is [ __ ] up ow [ __ ] you video take this Sherry this is [ __ ] up I'm not obstructing justice I didn't want to talk to you I didn't have to talk to you that's my [ __ ] right [ __ ] this is total [ __ ] [ __ ] I gave you plenty of opportunities no I didn't want to talk to you I didn't have to talk to you I'm going to sit you up that's my constitutional rights I'm going to sit you up that's my constitutional rights this is [ __ ] up Tuck that KNE in this is [ __ ] up BR this leg sit down this is [ __ ] up this police officer harassed and with the use of force arrested an innocent citizen who clearly knew his rights despite the citizen demands for a proper basis for the arrest the officer proceeded with the wrongful arrest this incident led to a massive lawsuit against the Loveland police which they lost resulting in a payment of $290,000 in Damages your shoulders [ __ ] up you're [ __ ] with me we're coming my car over here there's no reason for this there's no reason for this get my phone Sher this is [ __ ] up videotape this [ __ ] all you had to do is talk to me I didn't want to talk to you I didn't have to talk to you I didn't have to talk to you I don't know what happened he came over we saw him down I came to help him get his [ __ ] bike up okay and that's what I need to talk to that's right so if you've inserted yourself me and [ __ ] let me go if you've earn of yourself you need to talk to me I I don't needing investigation I'm not instructing anything under for obstruction and now forist I want to I want to talk to your [ __ ] supervisor I want to talk to your supervisor the police department right no I want to talk to him right [ __ ] now you can talk to him before you go to jail I'm not going to jail [ __ ] I didn't do anything I helped the guy get his bike up that's why you and I'm obstructing [ __ ] [ __ ] [ __ ] go ahead and have a seat no let me go I'll get in you don't have to force me D Lock you don't have to force me in get in the [ __ ] car I'll get in your [ __ ] thing loosen these cups up please they're tight can we please loosen these cups up checking them sir they're not a finger [ __ ] WID away hey relax dude that's what trying to relax that's what happens when you go throw my ass down I want to talk to you sir's checking the right now they pretty [ __ ] tight get over there not yet so the bike has been moved over there yes sir I had nothing to do with that I came out to help my friend okay and that's why you needed to sit there and talk to me now I didn't need to sit there talk cuz I didn't see what happened I didn't wh witness what happened well you obviously did because you came out and helped them I yeah but I didn't I don't know what the hell happened I came down and my bik my buddy's bikes down that's part of the investigation and we need to know allu but if you think that cops getting sentenced for exploiting their power stops here then you must be in the dark about the case of David Oliver Mr Oliver you you did stipulate to the facts in this matter I did the facts as they were written on paper by other officers and I want to stay with a no contest play your honor I'm doing it with a clear mind this is David Oliver aged 56 who became the Brimfield Chief back in 2004 amassing a significant social media following through his Facebook page however his tenure took a challenging turn in 2015 when allegations surfaced of mistreatment toward a female officer Crystal Casterline within his Department this led to a civil lawsuit being filed against him by Casterline and then later escalating to Federal Court proceedings ultimately the case was dismissed in 2017 following a settlement agreement nonetheless Oliver found himself entangled in further legal proceedings related to his involvement in the Scandal and an attempted theft in office Mr Oliver I'm going to ask you some questions on need answer yes or no you please CH you want to sit the podium or right there sir have you been informed by your attorney and you understand the nature of the charges to which you're repleting which we be count one attempt the theft in office misdemeanor of the first degree count two SE will solve a misdemeanor of the first degree a lawful restraint misdemeanor the third degree and unauthorized use of property misdemeanor the first degree yes sir do you understand each of the misdemeanors of the first degree may bring with them up to 180 days in jail and up to a $1,000 fing for C yes your honor I do you understand the misor of the third degree may bring with it up to 60 days jail and up to a $500 fing Court C yes your honor I do understand sir you understand you do have a right to a trial in this matter either to the court or to a jury yes your honor I do understand that are you waving your right today sir yes ma'am and sir did you sign wave a right to jury trial yes ma'am and did you do so voluntarily yes sir do you understand you of the right to confront and cross exam Witnesses against you I do understand that too are you waving that right yes I am and sir do you understand you have the right to subpoena Witnesses committ testify on your behalf yes ma'am I understand are you waving that right I am yes and sir you understand it is the obligation of the prosecutor's office prove your guilty on yes ma'am are you waiting that right yes ma'am sir you understand you're not required to testify against yourself yes ma'am are you waving that right yes ma'am and sir do you understand by entering a no contest plea with the stipulation to a finding a fact you wave the right to appeal any issue that may have been brought up a triy yes ma'am and you are waving that right sir yes ma'am and sir you signed a written plea of guilty I'm sorry written plea of no contest waver rights document is that correct four or five pages long yes ma' you sign this document voluntarily yes did you review this document thoroughly with Mr Pierce yes I did do you have any questions at all regarding anything contain with in this docum no ma'am sir you are a US citizen yes ma'am sir I briefly got over your rights with you I know Mr Pierce has got to over re right with you you've got do you have any questions regarding your constitutional rights no ma'am do you wave those rights at this time yes ma'am Ser to the chargeing count one of attempted theft in office Mr first degree how do you ple no compm count two simple assault Mr the first three have you play no contest count three unlawful restraint a misdemeanor of the third degree how do you CL no contest and count for unauthorized use of property and misdemeanor the first degree no contest and you are stipulating to a finding a fact is that correct that's correct Jud we we would consent to the court making a finding the fact the court will make a finding a fact find that the defendant is a pieace was a peace officer at the time of this incident and based on the reading of the facts the court will find the defendant guilty of count one attempted death in office misser first grade also the court will make find him guilty on count two simple assault Miss first degree B based on the reading of the facts based on the reading of the facts the defendant will be found guilty of count three un lockal restraint misdemeanor of the third degree and count for unauthorized use of property Mr the first agree the tenant will be found guilty based on the reading of the facts at this time the court will proceed with sentencing uh before the court sentences the defendant I'd like to hear from the defense councel thank you your honor Mr Oliver as I think everybody in this room knows uh serve the township of Brimfield first as a police officer uh and later as a chief he served approximately 10 years as the chief of police uh as everyone knows Brimfield is a small town that has its own small town politics um I think politics have played a role in this case uh and Mr Oliver is at a point where he is decided it would be in his best interest and the best interest of his family to resolve these matters with no contest please to misdemeanor offenses uh he's done that for both his sake and his family's sake um I know that there are going to be statements made in this case uh by I think Miss Casterline I think as everyone's aware there is a civil suit that is pending that Miss Casterline has filed against both Mr Oliver and Brimfield Township uh there will be more litigation to come but uh Mr Oliver's motivation in resolving these is to attempt to achieve some closure for both himself and his family this has been an extremely rough time for them and I would indicate Mr Oliver has done a lot of good for the community some of that good is is a matter of public record U some of the charity work that he's done some of the proceeds from from his book that was referenced um there are some David Oliver supporters I suspect that a lot of people in this room today are not here to support him uh but Mr Oliver is U certainly willing and wanting to move on with his life and his family's life and that was the motivation for these pleas today the attorney representing Mr Oliver Advocates on his behalf portraying him to be a beneficial member of society who has positively contributed to both the community and the police department despite the lawyer's audacious claim that Oliver's actions were motivated by the need to safeguard his family it's important to remember that theft from the police department cannot be excused under any circumstances Mr Oliver would you like to make a brief [Music] statement your honor I was Chief uh for the brenfield police department for 10 years 10 months there was a collective bargaining contract in place for the entire time I was there there was never one griev fed never one this year we entered into some pretty tense I'm sorry in 2014 we entered into some pretty intense contract negotiations where I requested pay cuts from the officers due to a 12% increase in Insurance the officers refused to take that that cut and and negotiation gotten pretty tense nothing was said about any of this some of this information dates back to 2012 I mean I one qu and I'm not going to be long your honor but one question I would ask is if there was a sworn police officer who thought there was a crime that had been committed in 2012 why didn't you report it the secondary thing about this is I never heard anything about hostile work environment or assault or I will guarantee you that Crystal punched me as as much as I punched her that's that's the relationship we had her children spent the night with me and my family numerous times all the way up to September 2014 then we had the layoff notices came out and she was on the list and as soon as we worked out the contract and we sended the layoff notices 2 days later I got the hostile work environment charge and a direct from the union for a no confidence vote there is no way in the world that I could have brought this case to a jury with three or four police officers what they were going to testify and run the risk with the jury I I just couldn't do it so this whole thing befuddles me I I've never seen anything like it there are officers here today who used to work for me show that have shown up just to grind it one that I fired well I mean when you are the boss you don't make a lot of friends so Mr oler you you did stipulate to the facts of this matter I did the facts as they were written on paper by other [Music] officers and I want to stay with a no contest play your honor I'm doing it with a clear mind anything else Mr Pierce you'd like to say on behalf of the defendant no your thank [Music] you um I was thinking this morning about um how I was involved in shop with the cops in Brimfield and you were the head of that program and the little children were so happy they loved doing the shop with cops and Lov going to applebe I I'm thinking now how you let those little children down you've let the people burnfield down you let your family down you let law enforcement now you've become the mope that you wrote about in your book do you realize that I'm going to take the recommendations of the um Assistant Attorney General in sentencing the defendant with uh a Proviso of probation um just based on what she felt was appropriate and what uh the attorneys agreed to I hope this never happens again to anyone else I hope no one else comes forward that would be a huge shut down to everyone in law enforcement on the attempted theft in office mror of the first degree I'm joined to sentence that defendant to 180 days 4 each jail on the simple assault misdemeanor of the first degree I'm going to sentence the defendant to 180 days before each County Jail on the unlawful restraint misdemeanor of the third degree I am going to sentence the defendant to 60 days of Page County Jail on the unauthorized use of property Mr the first Dee I going to sentence the defendant to 180 days in jail those sentences will run concurrent to one another I'm also going to assess the defend of $1,000 fine in court cost I will suspend the balance of the jail and $700 of the fine on the following conditions first you will be placed on basic probation here in Page County for a period of 24 months second you will pay your court cost and fines within 24 months if you cannot pay I will allow you do community work service of up to 40 hours a week at $10 per hour till pay full your court costs are currently $121 so to work this off you around 42 Community work service hours you will pay restitution of $134 in 24 months through the adult probation department here in Page County to the victim Brimfield Police Department you will be Persona NADA at the Brimfield Police Department and you will have absolutely no contact whatsoever directly or indirectly with the victim in this matter lastly you will surrender your old pot certificate under Section 10977 of the Ohio Revised Code so my understanding at this time you don't have the physical uh certificate but you are surrendering to your right to be a police police officer in the state of Ohio you understand that sir yes ma'am sir if you violate any of these terms or conditions I will impose the original jail sentence on each count to run consecutive to one another do you understand that yes ma'am anything else at this time Mr Pierce no thank you anything else tomorrow not from the state you'll need to go over to the adult probation department today and sign up with the probation department thank you David Oliver repeatedly shook his head took long pauses and was clearly hesistant before he finally entered a plea of no contest to four of his misdemeanor charges including two connected to the mistreatment of the female officer Portage County Judge Lorie Pitman sentenced him to two years of probation and ordered the suspension of his law enforcement certification effectively prohibiting him from working as a police officer in Ohio ever again but the corruption misdemeanors and the act of misusing authority by the police don't end here next is the horrendous case of Daniel sailor your honor don't really know what to say I still believe what I said was the truth I'm a single father with with a daughter I've served my country in the state of FL for many years years and I find myself in this position now I don't know what to said your AR please have mercy on me this is Daniel sailor aged 58 a former windir police chief who was first arrested in January 2011 for covering up the rape case of his friend Mr Bush Daniel sailor pleaded no contest to official misconduct and served less than a year in jail however soon after sailor was charged with perjury for allegedly providing false testimony during his friend Bush's trial back in January 201 11 I want to thank you again for your time and consideration of this case I also wish to tell you some special privileges enjoyed by jurors no juror can ever be required to talk about what happened in the Jury Room except by court order for many years we have relied upon jurors for consideration of difficult cases therefore the law gives you this unique privilege not to talk about your votes your discussions your deliberations for as long as you wish it you're now free to speak with anyone you'd like about this case you're also free to refuse to speak with anyone it's completely up to you individually with that you can follow the deputy out any legal reason we cannot proceive I do have a score sheet if I could approach R you may defense do you wish to handle the VP at the same time yes cf11 518 Mr stor you're still under oath is it true that you were in fact on probation for four counts official misconduct official misconduct solicitation for official misconduct and tampering with evidence is that true yes ma'am yes were you in fact placed on probation on June 30th 2012 yes ma'am finding that I will find that your mission is on on that particular issue and find that there is a violation as to violation of condition five and just for record purposes for purpose of the violation probation we object to the same evidentiary issues that we did in the trial understand thank you date argument yes the defendant has been found guilty of perjury I know your honor heard the testimony over the course of the last day and a half um the state believes that well not statutory aggravators the factual aggravators in this case are the nature of the proceeding not only the fact that it was designated by the legislature as a capital case but that there were two young victims involved uh who did testify and as I stated it quot in arguments I don't believe there's any other way read Mr s's testimony of the EV was designed to impact their credibility before the jury thankfully the jury found Mr Bush guilty in that case to compound that you have the fact that he was in law enforcement for many years and as he admitted on the stand was very aware of his duty and oath to tell the truth not only as a law enforcement officer but especially been testifying before this court uh and finally as R just noted for the record he was on probation to boot when he um made these statements so I will leave it by saying that y knows that every day we do criminal cases in this courthouse and if people do not tell the truth then the system of justice we have will not work it's impossible Mr sailor knew that and regardless of that fact in all his years of experience he got on the stand and told Li um I'm not going to make formal recog ation to the years your honor has a score sheet in front of you you know when he scores um state would just ask that you honor way the testimony and evidence in this case and R appropriate sense thank you argument you honor don't really know what to say I still believe what I said what the truth I'm a single father with with a daughter I've served my country in the state of for from years and I find myself in this position now I don't know what we said your AR please have mercy on me you just quickly um I have reviewed the score sheet and have no additions or corrections to make to it I think it's difficult your honor when there are witnesses who testify in court and cases like this would seem to stifle certain Witnesses from testifying in cases because of the ramifications of that testimony the court will call the evidence from from the bush case in 2003 which was the basis of this statement there was no evidence that Natasha bush had ever made any sort of allegation of the sexual abuse that didn't occur in 2009 I believe the state's position that somehow this affected whatever the outcome of the case when regards Natasha just isn't true based on the fact that there was no such evidence back in I understand that Mr s was convicted here today he would ask the court to follow the guidelines and sentencing Mr sailor and give him the concurrent sentence on violation probation Cas cf13 390 the court will adjudicate you guilty as the jury found you to be guilty sentence you to 8 years perent Corrections credit for 13 days that you served and cf11 51a as to the four counts the court will will uh adjudicate you guilty will revoke and terminate your probation and each of those accounts will sentence you to a 4-year Department of Correction sentence each count to run concurrently in each case to run concurrently that's credit for excuse me 15 days that you served oppose all the statutory court cost fees cost and prosecution those amounts of money will be sent to collections for for you to start making payments within 180 days of your release from custody no less than $30 a month until it's paid off you have 30 days in which to appeal the Judgment sentence if you cannot afford an attorney attorney will be represent you then theal have to be writing in those 30 days do you understand that sir I don't understand how many years I got here on eight years total it's 4 years concurrent on the violation probation you as the credit for time Ser the violation probation my understand that you had served a year in jail in that matter is that your understanding State yes I believe the F was 52 weeks 51 weeks Work Release is my understanding and that should be 51 weeks and 15 days that's not showing thank you good luck you sir an Orange County jury set for Mr sailor's case took a considerable amount of time 1 hour and 15 minutes to be exact before reaching a verdict the nature of his offense left little room for doubt demanding a verdict that would serve as a firm example Mr sailor was sentenced to 8 years in prison and he was escorted to Orange County Jail to serve his time thanks for watching if you enjoyed this video don't forget to like And subscribe to the channel for more videos
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