Another Police Chief in TROUBLE!

07/12/2024

NEW MIAMI, Ohio (WXIX) - A state law enforcement agency launched an investigation this week at a Greater Cincinnati police department after the acting chief reported "money is missing from the Evidence Room" and raised concerns over the way drugs and other seized evidence were recently handled and destroyed.

This comes after the New Miami Village Council unanimously voted to fire Police Chief Harold "Chip" Webb II late last month.

He refused to take a drug test with a witness present - a nurse - and said it was "belittling" after the village mayor alleged the odor of marijuana reeked so badly inside the department on June 20 it could "knock you off your feet," according to an undated letter Mayor Jewell Hayes-Hensley wrote outlining her accusations.

The document also accuses Webb of "theft in office" and falsifying timesheets, village records show.

His "Notice of Termination" letter from the village attorney alleges he failed to return village property and this "will result in a criminal complaint being filed against you," a copy of it shows.

The letter does not specify the property but notes "An audit of the evidence currently being held by NMPD will be conducted and you will be notified of any discrepancies."

New Miami Acting Police Chief Dan Bower started the audit but earlier this week sought help from the Attorney General's Ohio Bureau of Criminal Investigation (BCI), according to an email he wrote the agency Tuesday.

BCI is Ohio's crime lab and criminal records keeper and offers investigative services to local, state and federal law enforcement agencies.

Agents agreed that same day to investigate, an agency spokesman confirmed to FOX19 NOW.

"I am requesting investigative assistance regarding money missing from the Evidence Room at the New Miami Police Department, which is located in Butler County," the acting chief wrote BCI Senior Special Agent Richard Ward.

FOX19 NOW received most of the records for this story from the village and others through court records searches, and from BCI.

The township's records are not redacted but BCI blacked out names on the acting chief's request for an investigation.

In explanation to us, they wrote: "Uncharged suspects redacted. Rationale: The identities of individuals who at one point were thought to have potentially committed a crime, but were not charged with an offense constitutes a Confidential Law Enforcement Investigatory Record (CLEIR) exempt from release under R.C. 149.43(A)(1)(h) and (A)(2)(a."

The acting chief wrote in his letter to Agent Ward that he was ordered by New Miami's mayor and village council to assume responsibility for the department and conduct a full audit of the equipment, property and evidence.

His preliminary review determined that more than $3,000 in cash was missing from a recent drug trafficking case along with another $500 in cash issued by the village for criminal and investigations and drug purchases, according to his email.

He also raised concerns to BCI over the way drugs and other seized police evidence were recently destroyed.

On June 25, his email states, "former Chief Webb removed a large amount of old evidence from the Evidence Room for which he had received a destruction order issued by Butler County Common Pleas Court. The evidence removed was not verified by anyone as the 'evidence contained in the order. Additionally, some evidence was burned in a backyard fire pit in Middletown and some was unpackaged and placed in a dumpster in (Deerfield Township, Warren County). Webb stated he properly destroyed the evidence and denied knowledge of the whereabouts of the missing $3,000."

The acting chief's email to BCI also says he:

• "Failed to return his badge, fuel card, spare cruiser keys, department garage 'door opener, vehicle jump box, and other items."
• "Removed all electronic files that he created and/or received in his official capacity with the police department and has refused to image his hard dive or copy the files."
• "Attempted to access and change the domain password for the department's 'email provider after his termination, and has stated that all emails and files contained in them belong to him because he paid for the email service."
• "Refused to provide the surveillance system administrative login credentials and only provided his user login, "which appears to have been changed hours after he provided it. (He) denied being able to remote access the system, but has indicated in the past his ability to do so on his mobile device."

In closing, the acting chief wrote: "I am requesting the assistance of BCI to determine the scope of any potential loss or theft of evidence (that) has occurred. I am also requesting assistance in determining the scope of any theft of police/village property and whether tampering with public records has occurred. Our Village Solicitor is copied above and is aware of the potential discrepancies. Thank you for any help you can provide."

The acting chief declined to comment for this story due to the ongoing investigation.

Webb, 47, of Trenton, and his attorney, Steve Lazarus, did not respond to multiple attempts for comment this week, both in writing and verbally.

We also left messages, to no avail, for Jeff Gray, another attorney with Lazarus' law firm who recently represented Webb when the mayor put him on administrative leave - without following the proper procedure as it turns out and he was then reinstated, according to testimony at the April 4 village council meeting.

The former police chief's lawyer has appealed his firing, according to court records filed late last week.

It alleges the village failed to follow proper procedures for terminating a police chief and is required to give him his job back with full back pay and benefits.

The village's employee policy says: "Random Post-Employment Drug Screening Random or spontaneous drug testing may be required of any employee. Drug testing will be at village expense during the employee's scheduled work hours, and is not optional. Failure to immediately comply with a request to be tested shall result in the immediate termination of employment of the employee refusing to be tested."

The village's attorney, Jonathan Fox, said Thursday: "The village is conducting an internal investigation and audit of items in the property room. This is customary whenever there is a leadership change in a law enforcement department. The village has received a copy of the appeal the former chief has filed and will be responding accordingly."

He declined further comment.

BCI's spokesman said they do not have "any comment on the allegations or an active investigation."

"As Butler County Prosecuting Attorney I do not represent the village of New Miami. But I am interested in any allegations of any criminal conduct. That is my jurisdiction," Mike Gmoser said Friday.

"The matter involving the chief of police and his procedures with respect to evidence and the destruction of drugs is a matter being investigated by the Bureau of Criminal Investigation and when that investigation is concluded, BCI will report its findings to the attorney of the village of New Miami, Jon Fox, and I expect to be copied of any such investigation at that time."

Mayor Hayes-Hensley said in a statement Friday to FOX19 NOW: "Unfortunately the village of New Miami has fallen victim to poor leadership, bad decision making and a blinded eye by leaders in the past. BCI will have the full support of the New Miami Police Department, council, and myself. This will be the first step of many to take back our village and clean up the corruption and lack of responsibility.

"Council and I are working very hard to rebuild the reputation and trust of our community. The village of New Miami will no longer be a place where the community does not have a voice. I want our residents to know that council and I have heard their concerns and changes are coming."

In addition to claiming to smell marijuana at the police department, the mayor outlined an array of accusations against the chief, including the failed drug test, in a letter titled "Investigation of Chief Webb for Falsifying Timesheets, Daily Logs and Theft in Office."

Her letter is not addressed to the police chief and according to the chief's appeal, was never given to Webb before the village council unanimously voted to fire him.

Still, the village's attorney hand-delivered a letter to Webb at his home before he was fired, on the night of June 24 warning him he was required to take the drug test.

It notified the chief that he had until 5 p.m. the following day to do it at the mayor's request "pursuant to the New Miami Village employee manual" or face "disciplinary action."

Webb arrived at the testing site in Sharonville as required but refused to give a urine sample in front of a nurse as a witness and left, calling the whole ordeal "belittling" in a text message to the mayor, village records show.

"You know what you win. This is the third time you have questioned my integrity," reads one of his text messages to her, adding that she would have his resignation "this evening."

"Do you understand how belittling it is to have someone watch me urinate?" He asked her in a text message.

"Also, the reason my office had an overwhelming smell of marijuana is that there is over 850 grams of flower marijuana from the search warrant off Reiff Drive in March. Sorry things didn't work out for us. Hopefully, you can continue to move the village forward."

She responded: "Sorry things didn't work out. Please turn in all your New Miami Village properties along with your resignation and leave have all access to video cameras (and) computers turned over to me."

"Absolutely," he texted her back "I will have everything to you as soon as possible."

"Later that evening, Chief Webb called me and said he should not be making any decisions that day but wanted to know if he could retire instead of resign," the mayor wrote in her letter. "I told Chief Webb I would have to discuss it with Jon Fox, our attorney."

After the chief did not resign (or retire), the village council unanimously voted to fire him effective June 27.

The mayor has previously accused Webb of stealing hot dogs from a gas station when only free soda was allowed on duty and refusing to respond to 911 calls.

Now she is alleging he also committed theft in office, falsified timesheets and daily logs, and cashed "his paycheck knowing he was required to show proof of his being at work," according to her letter outlining the allegations against the chief.

Her suspicion grew on June 20 after she said she smelled pot in the police department after going there with another member of the council to collect the chief's daily logs, she wrote.

"The first thing that came out of my mouth was who has been smoking weed in here. The smell of Marijuana could knock you off your feet," she wrote in her letter documenting accusations against him.

Four days later, court records show the Butler County Prosecutor's Office submitted an application on the police department's behalf to one of the county judges for a court order disposing of drugs, drug paraphernalia and miscellaneous property held at the police evidence room.

The police department had been trying to dispose of the drugs for months, court records show.

The application to the court stipulated the items "should be declared contraband and be destroyed at the Incinerator at Children's Hospital in Liberty Township before being disposed of pursuant to (Ohio Revised Code) 2918.12, all under the supervision of the Village of the New Miami Police Department."

The same day, on June 24, Butler County Common Pleas Court Judge Noah Powers signed the order, saying the items would be "destroyed by the Incinerator at Children's Hospital in Liberty Township."

However, there are no incinerators in the entire township or at the hospital, township records show and the fire chief confirms.

A spokesman for Cincinnati Children's said Friday there is no incinerator at the Liberty campus and they are unaware of an agreement for drug disposal for New Miami police.

Earlier this week, on Monday, a copy of a letter dated June 26 was entered into the court record. The letter is from the former chief on New Miami Village letterhead to the judge and assistant county prosecutor who handled the application and court order for the drugs.

The chief informed them the drugs and other items were disposed of at a different location because "Children's Hospital Liberty Campus rescinded their offer to utilize their facilities for (the) destruction of the listed items attached to the Destruction Order...."

"I, Chief of Police Harold R. Webb II, do hereby state that with Property Room Manager Officer Casey Gilpin, who is in good standing with the Department, items listed in the Application for Disposition of Drugs, Drug Paraphernalia, and Miscellaneous Property. Now held by the Village of New Maimi Police Department, was disposed of pursuant to O.R.C. 2981.12.

His letter goes on to say the "Controlled Items that could be incinerated" were "by fire in a controlled container" and burned at a private residence in Middletown "by members of the New Miami Police Department.

"All other non-controlled items were disposed of in a secure dumpster," he wrote at a location that is where a public storage facility is located off Wilkens Boulevard near hotels, a motel called Mason Inn and a Home Depot store in Deerfield Township.

Gilpin declined to comment.

Records released to us Thursday show Gilpin verbally resigned on July 3 and submitted his formal letter of resignation on July 5.

"Please accept this as my letter of voluntary resignation as a volunteer police officer with the New Miami Police Department. I am resigning for personal reasons," he wrote. "I am grateful for the opportunity to have served the citizens of New Miami these past several years. It has been a rewarding experience."

The same day he quit, Gilpin signed a Garrity rights notice that shows he was interviewed as part of an internal investigation, according to a copy released to us by the village.

"You are hereby ordered to fully cooperate with the investigating official(s). Your failure to cooperate will create an objective and subjective fear of termination," the notice reads.

"You have the following rights and responsibilities during this investigation: You have the right to be informed of the allegations involved. You will be asked questions specifically directed and narrowly related to the 'performance of your official duties.

"Statements made during any interviews may be used as evidence of misconduct or as the basis for seeking disciplinary action against you. Any statements made by you during these interviews cannot be used against you in any subsequent criminal proceeding, nor can the fruits of any of your statements be used against you in any subsequent criminal proceeding. If you so request, a person of your choice may be present to serve as a witness during the interviews. If you refuse to answer questions relating to the performance of your official duties, you will be subject to dismissal."

Earlier this year, the mayor put Webb on administrative leave without pay over several issues that came to a head after his wife called her out on the police department's Facebook page.

The mayor also ordered the entire Facebook page taken down.

"We will not use a village site to tear our village down," she wrote in a March 30 email to a New Miami police officer.

The village council voted to reinstate the chief in April after his lawyer pointed out his suspension violated Ohio law because procedures to do so were not properly followed.

Webb served as the police chief since last year.

He also works full-time for the U.S. Postal Service, village records show.