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Fire captain indicted

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Vivian Moon View Drop Down
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    Posted: Jul 10 2015 at 10:50am

Updated: 10:24 a.m. Friday, July 10, 2015 | Posted: 9:17 a.m. Friday, July 10, 2015

Middletown fire captain indicted on felony charges

By Lauren Pack

Staff Writer

BUTLER COUNTY 

Middletown fire Capt. Greg Justice, a 25-year veteran of the department, has been indicted on felony charges by a Butler County grand jury, according to the county prosecutor’s office.

Justice, 52, was indicted today on three counts of forgery, a fifth-degree felony, and two counts of tampering with records, a third-degree felony, in connection with allegedly defrauding the city of nearly $3,000 in sick leave pay.

Justice, who has been on paid administrative leave since June 30, is accused of forging his doctor’s signature on medical records to extend his time on sick leave, according to an affidavit for a search warrant for the fire captain’s residence on Greenleaf Village Drive in Springboro.

Middletown police Detective Steve Winters wrote in the affidavit that Justice ““with a purpose to defraud by means of utter, or possess with purpose to utter, writing that (Justice knew) to be forged, submitted a medical record to the city of Middletown displaying a return to work date and a doctor’s signature. During the time of the submittal of the fraudulent medical records to the time of the investigation (Justice) received $2,892.395 in compensation from the city of Middletown.”

Police allege the forged medical leave documents were submitted to the city on June 14. The search warrant was signed by Warren County Common Pleas Judge James Flannery (now retired but serving as a visiting judge) and returned to the clerk of court’s office on July 1.

Taken from Justice’s residence during the search on June 30, were a laptop computer, two DVDs containing medical documents, a folder containing documents, a scanner with paper and an original document template.

Winters also applied for a search warrant on July 1, to search the computer seized from Justice’s residence looking for evidence linked to the template they allege was used for the forged medical records. Middletown Municipal Court Judge Mark W. Wall signed that search warrant. Nothing was taken from the computer, according to court documents.

Justice, of Springboro, was placed on leave June 30, according to a letter dated June 30 and signed by Middletown City Manager Doug Adkins.

“You are hereby placed on paid administrative leave effective immediately. You shall remain on such leave until you are further notified by Fire Chief Paul Lolli,” Adkins said in the letter. “You are not permitted to be on any city property that is not open to the public; this includes but is not limited to all fire stations.”

On the application for the search warrant for the computer, Winters stated Justice refused to talk with him on June 30.

 

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Upper90 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Upper90 Quote  Post ReplyReply Direct Link To This Post Posted: Jul 10 2015 at 11:00am
Ok, obviously if guilty he deserves to lose his job, pay the city back, perhaps a fine blah blah blah. However issuing search warrants for a falsified sick note? Are you freaking kidding me? Fight the real crime Middletown and don't have detectives hot on the trail of Epstein's mother!
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Dean View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Dean Quote  Post ReplyReply Direct Link To This Post Posted: Jul 10 2015 at 11:24am
Wait a minute. The city has been blaming the decline of city resources for police associated with too much section 8 residents.

Now we find out its not section 8 residents using the resources, its the city of Middletown's upper management having valuable police resources, and court, to find the culprit that didn't  properly turn in a note stating an illness properly, when he would have been paid for it regardless, whether he used it or not.

Someone please inform Donham they are in desperate need of a competent pr person. It shows overly aggressive tactics. What's the status of that police officer under investigation by the way?
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Vivian Moon View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Vivian Moon Quote  Post ReplyReply Direct Link To This Post Posted: Jul 10 2015 at 11:26am
Upper90
White collar crime is REAL CRIME and needs to be proven in a court of law just like any other crime.
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VietVet View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote VietVet Quote  Post ReplyReply Direct Link To This Post Posted: Jul 10 2015 at 11:39am
But wait Upper90. The city has just been relieved of almost 3 grand. Of course, going after this person, who is a fire department member, which the city has a history of downsizing, and couple that with the fact he is connected to the union.......well, you can see the possibilities here.

Losing 3 grand would almost be a serious situation if we didn't already know that it is peanuts compared to the money the city loaned (gave) to Beau Verre, Cincy State and MMF, not to mention the buying of buildings for several hundred thousand (The Manchester for 300 grand or so)and then the giving away of that building for a buck. Giving a taxpayer bought building to Sue Wittman and her arts group, or the 300 grand to the Rose Furniture building fiasco as it stands. They are worried about 3 grand but think nothing of hundreds of thousands just thrown away.

Yep. the 3 grand is certainly worth making a big deal of when we consider the other money ventures the city has wasted.

Beside the indiscretions of the Capt., could this also be a way to purge another public servant in the safety sector and letting the Capt. do the dirty work for them?
I'm so proud of my hometown and what it has become. Recall 'em all. Let's start over.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Dean Quote  Post ReplyReply Direct Link To This Post Posted: Jul 10 2015 at 11:43am
If Justice went on vacation for a week or so using sick pay and forged a physician's note inconveniencing other employee's and putting public safety in jeopardy, that is seriously wrong and he should face the consequence. If he was ill or needed time off, and had sick time, he should be allowed to pay the money back, and return to work, perhaps with a demotion to lieutenant. Sick time and vacation time are pretty much the same for a municipality. It doesn't matter what you call it. If he used vacation time, what would have been the difference.  
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Post Options Post Options   Thanks (0) Thanks(0)   Quote acclaro Quote  Post ReplyReply Direct Link To This Post Posted: Jul 10 2015 at 12:24pm
A Double Standard for Justice?
____________________________________________________

MIDDLETOWN, Ohio – A Middletown prosecutor said Thursday she didn't do anything out of the ordinary when she reduced drunk driving charges facing a former Oxford Township police officer who admitted he had been drinking when he was pulled over last weekend.  

Ashley Bretland agreed to lower the operating a vehicle under the influence (OVI) charge facing 30-year-old Joseph Suttles to reckless operation —and a judge signed off on her recommendation to give him his license back—despite the fact that the former police officer refused to take a Breathalyzer test. 

Bretland said she made her decision to reduce Suttles’ charge not because he was a cop, but because he hadn’t been pulled over for driving drunk before. It's a decision she said she often makes.

“With no priors and no egregious circumstances, I didn’t do anything differently on this case than I would on any similar case. There was no consideration that he was a police officer. He didn’t get preferential treatment,” Bretland said.

In Ohio, an OVI charge is a first-degree misdemeanor that occurs when someone is driving with a blood alcohol content over the legal limit of .08 percent. A reckless operation charge is a minor misdemeanor and does not carry the same mandatory penalties as an OVI charge, like jail time or a driver's license suspension.

Bretland said she commonly reduces drunk driving charges to reckless operation when a person is pulled over on suspicion of drunk driving for the first time—a philosophy that she declined to discuss.

She said she makes her decision on a case-by-case basis, but always considers the blood alcohol content level in each circumstance.

But in the Suttles' case there was no record of his blood alcohol content level because he refused to take the Breathalyzer test.

Bretland would not comment on the factors she considered when reducing Suttles charge, other than the fact that he had no prior offenses. 

Trenton police officer Steven Helton arrested Suttles Saturday after Suttles tried to avoid being pulled over near West Roger Road, according to the police report. The officer spotted Suttles’ vehicle because it was missing a light near the license plate. Helton followed the car.

The report details the arrest:

Once pulled over, Suttles got out and had to steady himself on his car.

“While dealing with the driver, I observed the strong odor of an intoxicating beverage coming from his person. The driver…had bloodshot eyes, slurred speech and advised me that he was coming from Mutts Brewery Lounge,” Helton wrote.

Suttles was arrested on suspicion of drunken driving and taken to Middletown Jail, where he was released without bond. 

While jailed, Suttles refused again to take a Breathalyzer test. He also refused to sign Helton's OVI ticket.

Under Ohio law, a driver's license is automatically suspended for a year when a driver refuses to submit to tests that indicate blood-alcohol level. The law states that if a first-time offender fails the test, they’ll lose their right to drive anywhere for a minimum of 90 days, spend between three days and six months in jail, and must pay a minimum of $250 in fines.

But Suttles, who pled guilty to the reduced charge and resigned from the police department on Monday, only lost his license for about two days.

And his 30-day jail sentence was also suspended.

“He’s paying a $250 fine, he’s going to an alcohol intervention program and he’s going to be locked up over a weekend. How is suspending his license going to do anything else?” said Mark Wall, the Middletown judge who heard Suttles’ case in court.

WCPO Insiders can read what else the judge had to say about his decision in the case.

'An appeaser is one who feeds a crocodile, hoping it will eat him last.' - Winston Churchill
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spiderjohn View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote spiderjohn Quote  Post ReplyReply Direct Link To This Post Posted: Jul 10 2015 at 12:32pm
Sad situation
With the levels of accrued comp time found in the public sector, why didn't the lt. simply use his?
Greed? Done it b4? No fear of consequences?
Bad gamble--never risk a lot to gain a little--if you have the "lot" u can make it without the "little"
Will b interesting.....
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Dean Quote  Post ReplyReply Direct Link To This Post Posted: Jul 10 2015 at 1:08pm
Don't see how the city comes out a winner on this, as the tactics seem a little abrupt. Couldn't the Chief confronted him and kept it low key, pay back money, be demoted, and its over. Merrel Woods went through this at TVM. Sorry, but there are many city management that have been let off hook and family members for crimes including intoxication too numerous to list. If this was chronic, different story. With the charges, he's gone. $75,000 for Greg Pratt to negotiate with HEP, and $3,000 for sick leave. Bigger fleece? P ick the poison.
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Post Options Post Options   Thanks (1) Thanks(1)   Quote enigma Quote  Post ReplyReply Direct Link To This Post Posted: Jul 10 2015 at 1:32pm
Union busting.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote middletownscouter Quote  Post ReplyReply Direct Link To This Post Posted: Jul 10 2015 at 2:38pm
enigma probably hit the nail on the head. While they'd likely deny it, the fact that Mr. Justice is higher up on the chain at the department and also President of the labor union definitely factors into the full court press decision.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote enigma Quote  Post ReplyReply Direct Link To This Post Posted: Jul 10 2015 at 5:26pm
Cut off the head. Meaning. Derail leadership, undermine credibility. Union loses morale, exodus of members. Mission accomplished. Busted.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Cooper Quote  Post ReplyReply Direct Link To This Post Posted: Jul 10 2015 at 10:36pm
Gone. Just like employees use credit reports to determine honesty and integrity to make bill payments, and avoid possibilities of theft, you just can't have a Captain that allegedly forged his physician signature to get more time off. If he did this, would he alter a fire report. Would he be willing to take a payoff to write a report that a fire was arson when it was not. Credibility is lost, and can't have that in business, nor public safety. Too bad. As someone said, you don't bet the farm when the risk is so high and the benefit gained is so little. Light duty work, golly, picking up a pen was too much of a strain. So long Captain. JMO.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote spiderjohn Quote  Post ReplyReply Direct Link To This Post Posted: Jul 11 2015 at 9:42am
If this is considered "union busting", then this leader played right in to it, making it all too easy.
My past experience says that when u catch a situation like this, it is USUALLY not the first time that something along these lines has happened.
But I know few facts, though this incident has become far more public than most internal indiscretions

We shall see the end result......
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Post Options Post Options   Thanks (0) Thanks(0)   Quote over the hill Quote  Post ReplyReply Direct Link To This Post Posted: Jul 11 2015 at 10:09am
Could have all been handled in house with agreement between the parties he leaves quietly all benefits gone his job possibilities gone for future opportunities. But the powers that be want to make public as an example while others in that city building are just as guilty for taking perks they were not entitled to. JMO
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Post Options Post Options   Thanks (0) Thanks(0)   Quote acclaro Quote  Post ReplyReply Direct Link To This Post Posted: Jul 11 2015 at 11:56am
sj makes good points, and his message about the consequences of the gain not being worth the risk of action.

After reading the last article, Justice was out on sick leave and assume had a leave of absence signed by a physician. Maybe he was still feeling badly, his doc was out on vacation, and felt in light of such, he'd just extend the time off. The facts will come out, just speculation as to what provoked the alleged signature. But, what did he have to gain by not coming back for light duty, and what is light duty for a Captain? He wouldn't be required to climb a ladder three stories and not carry a 175 lb person on shoulders of a burning building? Also, as the fire men decry the danger of the reduction in force, and general safety by cuts, how is that argument advanced and solidified by a Captain on the force allegedly forging a physician name to avoid his work schedule, when his union which he is the leader, says they need more staff? He eroded that argument by his actions tremendously.

The city looks awful in this situation. Firstly, they said he was taking money from pay not entitled. Then that was indicated to be wrong by cty prosecutor. And while city initially was worried about paying him for sick pay, with an alleged forged signature from his doc, they are paying him now probably through trial or they strike a deal to bring this down to a misdemeanor and he either returns to work or resigns. The publicity is not good for the city because at best, it alleges a senior leader with 25 years experience is dishonest. Community trust has eroded.

Best message from sj; not worth risking it all over something trivial and providing not much value or return, ie, few days of sick pay. And, the fire fighters work 24 hr shifts, so wasn't his light duty working only a 2-3 day work week anyway. Great lesson. When in doubt, take deep breath, engage brain, think, and follow established guidelines.   

Hopefully, the deal will be negotiated and this out of the press soon.  
 
'An appeaser is one who feeds a crocodile, hoping it will eat him last.' - Winston Churchill
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Post Options Post Options   Thanks (0) Thanks(0)   Quote spiderjohn Quote  Post ReplyReply Direct Link To This Post Posted: Jul 11 2015 at 12:32pm
More concerning from my experience is that when you discover an incident like this, it is seldom isolated. Rather just the tip of an iceberg. No related evidence backing this here, and I certainly hope it not to be the case(although the worst is usually to follow)...
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