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Investigative Background Mr. David D. Sturtz, Special Investigator for the City of Reynoldsburg The Administrative Investigation started on Monday, February 13, 2012 at approximately 10:00am. This investigator met with Mayor Brad McCloud and Lieutenant Scott McKinley; McKinley had been named Acting Police Chief by the Mayor. They both gave a brief overview of their concerns and what was expected concerning the investigation. Mayor McCloud would draft a letter of authorization so this investigator would have the legal and proper authority to question the police personnel and to fully conduct the administrative investigation. After their meeting was concluded, Lieutenant Scott McKinley gave a tour of the Reynoldsburg Police Department facilities and introduced the personnel that were on duty. A work space was created and assigned to the investigator for the duration of the on-going investigation. Over the next several days police reports, personnel files, emails and any information that had been requested under the Freedom of Information Act was gained by the investigator. The Columbus Dispatch, Channel 10 TV Investigator, Paul Akers, plus several different attorneys requested specific information involving the circumstances that occurred on Tuesday, December 27 th and Wednesday, December 28 th , 2011. Over a period of time the Reynoldsburg Police Department case file number 1-11-009642 prepared by Sergeant Shane Mauger and Police Officer Daniel Downing was obtained, reviewed and pertinent information was take for future reference and follow up. 1

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Page 1: Investigative Background - Web viewInvestigative Background. Mr. David D. Sturtz, ... All interviews were taped and transcribed: List of Interview’s Information: Sergeant Shane Mauger,

Investigative BackgroundMr. David D. Sturtz, Special Investigator for the City of Reynoldsburg

The Administrative Investigation started on Monday, February 13, 2012 at approximately 10:00am. This investigator met with Mayor Brad McCloud and Lieutenant Scott McKinley; McKinley had been named Acting Police Chief by the Mayor.

They both gave a brief overview of their concerns and what was expected concerning the investigation. Mayor McCloud would draft a letter of authorization so this investigator would have the legal and proper authority to question the police personnel and to fully conduct the administrative investigation.

After their meeting was concluded, Lieutenant Scott McKinley gave a tour of the Reynoldsburg Police Department facilities and introduced the personnel that were on duty. A work space was created and assigned to the investigator for the duration of the on-going investigation.

Over the next several days police reports, personnel files, emails and any information that had been requested under the Freedom of Information Act was gained by the investigator.

The Columbus Dispatch, Channel 10 TV Investigator, Paul Akers, plus several different attorneys requested specific information involving the circumstances that occurred on Tuesday, December 27th and Wednesday, December 28th, 2011.

Over a period of time the Reynoldsburg Police Department case file number 1-11-009642 prepared by Sergeant Shane Mauger and Police Officer Daniel Downing was obtained, reviewed and pertinent information was take for future reference and follow up.

Also, obtained was the Pickerington Police Department case file number C-11-1918. This case was prepared by Pickerington Police Officer Carl Colbertson, Unit 438.

Time was consumed in reading the above mentioned cases plus personnel files, emails, items of interest, a daily report submitted by the Police Chief to the Mayor, the City Clerk, and the City Attorney and to the Service/Safety Director. This particular report depicts the daily activities of the Police Department and gives a great overview of the work done by the members of the Police Department.

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Page 2: Investigative Background - Web viewInvestigative Background. Mr. David D. Sturtz, ... All interviews were taped and transcribed: List of Interview’s Information: Sergeant Shane Mauger,

Investigative BackgroundMr. David D. Sturtz, Special Investigator for the City of Reynoldsburg

During this time frame the following persons were being contacted for more and better information as the investigation was on-going: Mayor Brad McCloud, Law Director Jed Hood, Lieutenant Scott McKinley (Acting Police Chief), Pickerington Police Chief Michael “Mike” Taylor, Reynoldsburg Sergeant Cindy McComb, Assistant Fairfield County Prosecutor Julia B. Dillon and Ms. Sandra Boller of the Mayor’s Office.

After gathering, reviewing and digesting a large amount of information, questions for interviews were prepared by this investigator. All Reynoldsburg Police Department personnel were issued a Notice to Appear form, plus, all read and signed the Garrity and Piper warning form. The following is a list of formal witnesses that gave testimony that is/was considered truthful and accurate to the best of their knowledge as it pertained to this Administrative Investigation. All interviews were taped and transcribed:

List of Interview’s InformationSergeant Shane Mauger, Unit#99 Lead Investigator of Case #1-11-009642Interview conducted on Friday, February 24, 2012 at 10:00amRepresented by: Mr. Joseph Hegedus , Ohio Patrolman’s Benevolent Association

Lieutenant James O’neill, Unit#79Bureau of Operations CommanderInterviewed on Tuesday, February 28, 2012 at 10:00amInterviewee was not represented

Ms. W**** G******Arrested by the Pickerington Police Dept.Interviewed on Thursday, March 1, 2012 at 10:00amRepresented by: Attorney Andrew Stevenson, 301 East Main St., Lancaster-Ohio 43147

Police Officer Joe Vincent, Unit#100Interviewed on Friday, March 2, 2012 at 3:00pmRepresented by: Attorney Robert W. Sauter, Cloppert, Latannich, Sauter, and Washburn, 225 East Broad Street, Columbus-Ohio 43215

Assistant City Attorney Matthew RothInterviewed on Tuesday, March 6, 2012 at 2:00pm

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Investigative BackgroundMr. David D. Sturtz, Special Investigator for the City of Reynoldsburg

City Clerk of Courts Michael “Mike” KozanechiWednesday, March 7, 2012 at 10:30am

Assistant City Clerk Leslie ClarkMonday, March 12, 2012 at 9:30am

Clerk Pam Menear, City Clerk’s OfficeMonday, March 12, 2012 at 10:00am

Building Department Secretary Shelly TaylorMonday, March 12, 2012 at 11:15am

Police Officer Vincent, Scalmato, Unit#151Tuesday, March 13, 2012 at 1:00pmRepresented by: Attorney Grant Shaub, F.O.P. Lodge #9

Police Officer Daniel Edward Downing, Unit#144Tuesday, March 13, 2012 at 2:00pmRepresented by: Attorney Grant Shaub, F.O.P. Lodge #9

Police Chief David C. Suciu, Unit #133Thursday, March 22, 2012 at 2:00pmRepresented by: Attorney Fred Gittes, The Gittes Law Group, 723 Oak Street, Columbus-Ohio, 43205 and by Attorney Jeffery P. Vardaro

In reading the Pickerington Police Department’s case file number C-11-1918, the following information was obtained on the female friend and associate of Reynoldsburg Police Officer Daniel Downing:

The Female was identified as Ms. W**** G****** of Lewis Center-Ohio. She was described as being a white female,

Ms. G****** was charged at 2:18am on Wednesday, December 28, 2011 with improperly handling a firearm in a motor vehicle, Ohio Revised Code 2923.16B a felony 4 violation. The weapon she had in her possession was described as a Springfield Armor .40 caliber pistol with a cocked magazine, serial number VS402992.

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Page 4: Investigative Background - Web viewInvestigative Background. Mr. David D. Sturtz, ... All interviews were taped and transcribed: List of Interview’s Information: Sergeant Shane Mauger,

Investigative BackgroundMr. David D. Sturtz, Special Investigator for the City of Reynoldsburg

On Wednesday, February 15, 2012 at 10:10am a telephone call was placed to Assistant Fairfield County Prosecutor Julia B. Dillon, telephone number (740) 652-7560. This investigator introduced himself and what the mission was for the Mayor of Reynoldsburg. We agreed to meet personally in her office, 239 West Main Street, Lancaster-Ohio 43130 at 2:00pm on this same date. This investigator travelled to Lancaster and met with Ms. Dillon at the time we agreed on. We exchanged information. She was very accommodating and gave me the following materials to assist in the on-going administrative investigation.

*Eleven (11) pages of text messaging between Ms. W**** G****** and Reynoldsburg Police Officer Daniel Downing.

*Pickerington Police Department Grand Jury Packet.

*Photo of the weapon taken from Ms. G******’s motor vehicle.

Further discussion about interviewing Downing prior to Ms. G******’s Court case. There would be no problems, go ahead and contact whatever interviewee were necessary.

This investigator requested permission to personally interview Ms. W**** G****** as soon as possible. Ms. Dillon contacted Attorney Andrew Stevenson, telephone number (740)653-0961, 301 east Main Street, Lancaster-Ohio 43130.

We joined in on a three-way telephone call. Attorney Stevenson said that he wanted to cooperate and that he would contact his client, get her permission and set up an interview date. Stevenson remarked that Ms. G****** doesn’t want to “Hurt” Downing but they are more concerned for her well being in the future. Due to Attorney Stevenson’s commitment it would not be until the first of March that an opportunity for the interview could be arranged. Stevenson asked if I would submit a list of questions for Ms. G****** prior to the interview date.

Ms. Dillon was thanked for her assistance and cooperation. My obligation was to submit a letter to her on Ms. G******’s attitude, and total cooperation in answering my questions. She was advised I could do this as soon as I have interview Ms. G******.

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Investigative BackgroundMr. David D. Sturtz, Special Investigator for the City of Reynoldsburg

While travelling out of Lancaster, Attorney Stevenson called me and advised Ms. G****** had consented to the interview. It was set for Thursday, March 1, 2012 at 10:00am at his law office.

Based upon the interview of Ms. W**** G****** and the Reynoldsburg Police Officer Daniel Downing the following information became known:

The events that took place on Tuesday, December 27th and Wednesday, December 28th, 2011 were a long time in development.

This on-again, off-again personal relationship was maintained over a nearly fifteen (15) year span of time. This romantic relationship was dysfunctional and tumultuous at times and other times normal and peaceful.

Both G****** and Downing admitted that their personal relationship had/has been of an abusive mentally in nature on each other for that time period.

Police Officer Downing married a Ms. Heather Marie Fogg on September 26, 2003. When Downing was commissioned as a Reynoldsburg Police Officer on September 26, 2007 he was in an official photograph taken to commemorate the occasion. In that photograph the three people pictured are Police Chief David C. Suciu, Police Officer Daniel Downing and Ms. W**** G******, not Downing’s wife Heather to whom he was officially married with at the time. Chief Suciu didn’t feel that was off at that time of the photo. Downing was not hiding the fact he was in an open relationship with Ms. G******.

Police Officer Joe Vincent, unit#100 was Officer Downing’s Field Training Officer. During this period of time Ms. W**** G****** met, had lunch and spent time with Officer Downing while he was in the process of being trained. This was another clue that Downing was not acting properly.

Over a period of time Ms. W**** G****** participated in the Ride-A-Long program of the Reynoldsburg Police Department. She only rode-a-long with Police Officer Daniel Edward Downing.Another clue that Downing was not acting properly.

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Page 6: Investigative Background - Web viewInvestigative Background. Mr. David D. Sturtz, ... All interviews were taped and transcribed: List of Interview’s Information: Sergeant Shane Mauger,

Investigative BackgroundMr. David D. Sturtz, Special Investigator for the City of Reynoldsburg

During a nearly three year period of time while Ms. W**** G****** worked the third shift at the Ohio State University, Police Officer Daniel Edward Downing was working the third shift for the Reynoldsburg Police Department. They were in constant text messaging and personal telephone calls. This was while Officer Downing was on duty performing his patrol duties. Another glaring clue of improper behavior on his part.

If Chief David Suciu had made better judgments and decision’s on what he had been briefed on, what he had read and what information he had at hand, this situation and circumstance should have and could have been handled in a more direct and professional manner. As it stands now it was a failure of leadership that allowed rumors to run rampant through-out the Reynoldsburg Police Department and the City of Reynoldsburg Administration, because of the lack of positive reaction to the facts that were out in the open and being discussed daily.

It is my professional opinion that Chief Suciu failed to place any importance on the known facts and failed to use his command position to effectively control the actions of a subordinate officer that was in an extra-marital affair, doing so without concern for his wife, the Reynoldsburg Police Department employees or the City of Reynoldsburg, nor himself.

With proper Leadership this situation would have not gotten out of control where the Mayor had to take direct and positive action to have the facts investigated.

No Federal, State, or Local laws were broken by any of the major participants. However, a review of the existing rules and regulations, policy and procedures should be made. This review should strength the existing rules and regulations, policies and procedures and cause discussion in revising others.

After Sergeant Mauger evaluated all the information that Officer Downing provided to him, there was no doubt in his mind that Downing was involved in an extra-marital affair with Ms. W**** G******. All of the information Downing had given him confirmed this with no doubt in his mind.

Police Officer Joe Vincent unit#100 stated in his testimony, “She, Ms. G****** basically told me that she had a relationship with Officer Downing for fourteen (14) years and that she was that girl that signed his recommendation letter when he got

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Investigative BackgroundMr. David D. Sturtz, Special Investigator for the City of Reynoldsburg

hired here, she even came to this swearing in ceremony when downing got sworn in here and she had a bunch of other stuff. But then she referred to herself as being that girl. You know I am that girl……and she even asked me at one point, Have you ever met his wife? I told her, “No, I hadn’t”.

“I told her I had never met the lady”. She said yes, because I am always with him and you always see me. You know I have been that girl for fourteen (14) years and now all of a sudden he wants to play head games with me and I come to town to show him what head games are all about.

“So I probably met her (Ms. G******) I am guessing 4-6 times during the early portion of his career (Field Training Officer Time). Ms. G****** would come into Reynoldsburg to eat with Downing while he was on-duty. I have seen him with her a few times away from work also.

This investigator asked Officer Vincent the following questions:

Question: Do you feel that Officer Downing’s relationship with Ms. G****** would be a possible embarrassment to the Reynoldsburg Police Department if it became known to the public?

Vincent: His quick reply was “Absolutely”, I think it already has been proven to be so”.

Another question posed to Officer Vincent was…….

Question: Do you know how Ms. W**** G****** came into possession of the weapon that she had on her when the Pickerington Police Officer charged her with CCW?

Vincent: Officer Vincent reply was, “Officer Downing told me he purchased the weapon, actually a duplicate weapon, two of the same weapon. I apologize I don’t know what (type) they are….. I didn’t look at them but he purchased two of the same handgun and sold one to her (Ms. G******) father and in return gave it to Ms. G******.

Officer Vincent further stated that after handling the incident at the Speedway in Pickerington he responded back to the station at the end of my shift, Officer Downing

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Investigative BackgroundMr. David D. Sturtz, Special Investigator for the City of Reynoldsburg

did ask me on that evening……what did she have to say and he knows I know here obviously.

“I told him at that point for a lack of a better term she said, that you have been screwing her for fourteen years and she is tired of the head gamesand he said, if that is what she said then I cannot argue with that and shortly thereafter that he is the one that relayed the information about the weapon. He is the one that told me that……he purchased the weapon and this was the same evening that he purchased the weapon and sold it to her father. I cannot remember if her father gave it to W**** or sold it to him, but both of those incidents he told me about”.

The interview with Ms. W**** G****** revealed the following information concerning Police Officer Daniel Downing:

Ms. G****** identified her Reynoldsburg Police Officer boyfriend as Dan Downing and also admitted to a long time extra-marital affair with him.

Ms. G****** was asked how she came into possession of the weapon she had in her car on the night she was arrested for CCW. Ms. G****** advised she purchase the weapon sometime in 2004 form a licensed gun dealer. There were two weapon’s purchase at the same time. Two Springfield .40 caliber identical weapons, one for me and the other one for Dan. “They were registered one to Dan and one to me we used them for target shooting. Like I said, the guns were identical”.

Ms. G****** stated she and Downing had known each other for over fifteen years (15). She stated that is was a dysfunctional relationship. It was just like so abusive, mentally now I look at it in hindsight. I know he cheated on his future wife with more than one person. There were others. His wife caught him cheating on her but stayed with him.

I would come up to Cleveland and stay with him and he would stay with me in Columbus. He told me that he had kicked his wife out for me. He was still married but he told me he was going to get a divorce.

I wrote a long letter recommending him as a candidate for the Reynoldsburg Police Department. I helped him get this job when he left the Cleveland Heights Police Department.

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Investigative BackgroundMr. David D. Sturtz, Special Investigator for the City of Reynoldsburg

I left my job at Ohio State and started working for Scotts Miracle Grow. I was on third shift there, Dan is on third shift at Reynoldsburg and we are now back to seeing each other again. A perfect storm……. So over these past three years that is what we have been doing. He will come over to my place in the morning and he comes over to see me. All he would do is tell me how miserable he was and it was just a matter of time he was divorcing her.

Meantime this guy would talk to me all night long, phone calls, text messaging while I am at work on the third shift, all the time constant contacts.

The investigator asked Ms. G****** while she worked third shift was Officer Downing text messaging while he was on duty as a Reynoldsburg Police Officer. Ms. G******’s reply was, “Yes, on his personal telephone. We talked throughout the night all of the time….his days off would be different. I think when he first started they changed them every year…..like Tuesday; Wednesday would be his nights off. He would still talk to me when he was off and I was working. We were in constant voice or text message contact.

Ms. G****** was then asked a very important question, “Did Officer Dan Downing ever communicate to you he wished to be killed while on duty”? Her answer was, “He did”.

Downing said it before in a text message. His father had a kidney transplant in November right around Thanksgiving and during that time I was trying to pull away from him; I wanted to date other people. I knew our relationship was unhealthy and I knew it was bad, I was trying to pull away from him and he knew I was trying to do it. The timing of all this he was texting me weird messages about you know…..I just wish sometimes I would die while I was on duty and I would ask him why are you saying that? He said to me on more than one occasion but that specific time I remembered. It would be easier that way than dealing with everything I had to deal with.

Ms. G****** was questions about who on the Reynoldsburg Police Department knew of her relationship with Officer Downing. She replied Joe (Vincent) is the only one I knew the most. Joe is the one who trained Dan, he was his FTO, so I would meet and have dinner then when Dan was in training at Reynoldsburg. They rode together, Joe

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Investigative BackgroundMr. David D. Sturtz, Special Investigator for the City of Reynoldsburg

and Dan. Joe saw us out together at other places. So he knew Dan and I were seeing each other.

I know when Dan got sworn in, I was with him and had picture taken with him. (The police chief is in the photograph also). I was the one with him not his wife. I know there were people there that recognized me but I don’t know who they would be.

Ms. G****** was asked if she had any contact with Officer Downing since her arrest. She replied no, but he called and spoke with my sister, C****** M******. He called her in the AM of Wednesday, December 28, 2011. When he called, what did he say?

Ms. G****** stated he actually called my sister to apologize because he gave her address to the Delaware County Sheriff’s Department and they showed up at 2:00am looking for me. I asked my sister, what exactly did he say to you? And she said…..it was his fault because…..I should have known. I take full blame for this because I lead her on so long. I was telling my wife that…… it was just easier than having a fight. It was easier to keep her then to have the fight to let her go. He was treating me like I was a crazy girl. I never shared with my sister about our relationship. I was not very proud of it.

Attorney Stevenson spoke up and reminded Ms. G****** what Officer Downing had also told her sister. She replied yes, while I was being booked at the Pickerington Police Department, they actually let me talk to my sister.

Downing told my sister that I had threatened to kill his wife and all of the police officers on the department and he…….when she call me on the phone down there I was like, what are you talking about and I looked at the Police Officer that was booking me from Pickerington and I said………Am I am in trouble? I didn’t threaten anybody…….and he said, no…….he shook his head no and I told C******, I don’t know what you are talking about. She said Dan told her that you were going to kill everyone on the police department and I said, “My God C****** No, I have all the text messages. I just wanted to end it myself……I just wanted to kill myself. He had relayed to my sister that I was taking out a police department which was absurd.

Ms. G****** was asked, “Did you threatened to harm anyone but yourself on those dates”? She replied, “Absolutely Not”.

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Page 11: Investigative Background - Web viewInvestigative Background. Mr. David D. Sturtz, ... All interviews were taped and transcribed: List of Interview’s Information: Sergeant Shane Mauger,

Investigative BackgroundMr. David D. Sturtz, Special Investigator for the City of Reynoldsburg

Ms. G****** concluded by saying their relationship was sick in that kind of way, it was a sick manipulation.

The interview with Police Officer Dan Downing revealed the following information:

Downing was asked what started the events on Tuesday, December 27th and Wednesday, December 28th, 2011? He replied, the text messages started, she would text me or I would text her randomly throughout the day and night. I don’t recall the jest of the text message prior to the specific one that had caught my attention but there was probably some back and forth texting, usual back and forth but then the incident where she started into this suicidal threats or what not specifically the text message state she had a gun immediately contact my supervisor.

Obviously I am here at this table (his formal interview) and maybe at the time I should have turned my phone off and not dealt with her but as soon as she mentioned the gun I know I had to protect her or whoever else that is why I contacted my supervisor but as far as any specific event that happened that evening there was nothing out of the normal of he and I having casual conversation.

I tried to distance myself from her. It was a bad relationship it is something that I can try to explain to you all day long but it is a relationship that should never had been. She was argumentative all the time, you never knew which W**** G****** you were going to get. She is very intelligent, she is good looking girl, she is used to getting her own way. The relationship on and off again, boyfriend/girlfriend was in turmoil forever…….a bad relationship.

The following question was asked of Officer Downing and then his reply: Now listen to this question very carefully please. Did you ever make the comment to Ms. G****** either by text message, email, telephone, or in person that you wanted to be killed while on duty?

I sent an email to Ms. G****** and I specifically remember this and I had a hard day at work and it wasn’t just I don’t know if anyone had said this, but Oh I had a hard day I wish someone would just kill me. That was the context it was take in. It was not over the phone, it was an email and I think I even went to say that I worked so hard the next time I pull someone over I hope someone just shoots me. That was the context

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Investigative BackgroundMr. David D. Sturtz, Special Investigator for the City of Reynoldsburg

that it was taken in. I worked myself sick which is what I did last year. I talked often to Ms. G****** about work. We talked often about work, I talked to her many times about working third shifts and that court was overwhelming and it was just one of those statements you say when you are exhausted…..I just wish somebody would kill me. That was the context it was in. But there was never anything meaningful saying that I wanted to someone to kill me on duty, not in the context of being serious. It was I am tired, I am exhausted.

Downing was asked if any superior officer had questioned him on his relationship with Ms. G******, he replied “No”.

Officer Downing stated I take full responsibility of my actions. The police department is strong and it’s got its own reputation and I don’t think one incident like this is going to reflect poorly on it. Personal wise, yes I take responsibility for my actions or whatever you want to call it infidelity.

Downing was questioned about the weapon Ms. G****** had when she was arrested. He replied, “I said she was probably and I don’t know to this day which gun was taken from her……. I said she was probably in possession of a Springfield XD 40 caliber because that is a gun I knew she owned and that is the extent of that”.

Downing also advised…..I care about her….I always have…..obviously you are not to to have 14 years of turmoil and unbelievable heartbreaks and what not…..anything to keep her safe. I wanted to keep her safe. I did not want he to do anything to herself and lastly I did not want some unexpected Pickerington Officer pull over and what not……so it was…..crazy.

Officer Downing was asked, which of these officers questioned you about your relationship with Ms. W**** G******? Sergeant Shane Mauger? Lt. Jim O’Neill? Lt. Scott McKinley? Chief David Suciu? Downing’s reply, nobody ever questioned me about the relationship sir------

He was asked if he was expecting it? Downing replied, initially I was. I had this text message saved on my phone for at least……. This happened on Tuesday night and I was then off on Wednesday night and Thursday night. I came back to work on Friday night and I asked Sergeant Mauger, if I needed to save these text messages on my phone? And he said, he talked to the Lieutenant and they said, there is nothing going on…..you don’t need to save them….. I erased them, the text messages. I did expect

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Investigative BackgroundMr. David D. Sturtz, Special Investigator for the City of Reynoldsburg

there would be something but then Sergeant Mauger said there was not going to be anything going on. That was on Friday and I deleted my messages.

Sergeant Mauger said there was nothing going on, he indicated he had talked to a Lieutenant, I did not know which Lieutenant because I asked him, hey do I need to keep these text messages and he said, I talked to the Lieutenant and there is nothing going on, so I did not see any reason to keep them.

Chief David C. Suciu, Unit #133 advised that he was briefed by Lt. James O’Neill on the details of what occurred on Tuesday, December 27th and Wednesday, December 28th, 2011. He was asked if the briefing was detailed in his mind that it was enough that he understood what took place what went on?

He replied, “I believe so”.

Chief Suciu was asked if he thought the items of interest reports were considered important and critical to the operations of the police department and the Administration—He replied, I review the reports on a daily basis so it is critical to me.

Suciu was asked on the night and I am going back to the morning of the 28th when Lieutenant O’Neill called you and filled you in, do you recall instructing him to put that in your morning report? Or items of interest?

His response was, we talked about it, he asked me whether or not he should include it or not and his direction to me that nothing happened in Reynoldsburg and an arrest had been made and nobody got hurt and sounded to that if had been handled properly and typically with those kinds of circumstances is not typically something we would involve or place into that report so we made the decision together that the incident was not included in the daily report.

Note: This was the first big mistake. This was exactly what the items of interest report was all about. Notify and alert the administration what was going on that involved the activities of the police department.

Chief Suciu was questioned on how many times he on his return to duty had met with his personnel to discuss the events involving Officer Downing and Ms. W**** G******. He replied, Oh a few, I would say it was more than a couple but less than ten (10).

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Investigative BackgroundMr. David D. Sturtz, Special Investigator for the City of Reynoldsburg

The question was asked, When did you decide not to place this information into your items of interest report? Was this a group decision?

Chief Suciu’ s reply was ….. during my discussion with Lt. O’Neill I got the impression that it had been handled properly and an arrest was made by Pickerington Police Department again, nothing happened in Reynoldsburg and again I thought it sounded very good to me. In fact, I even made the comment to Lt. O’Neill that sounded like they did a really good job and that…..and I did not see a reason to include that especially since it did not happen in Reynoldsburg.

Note: Again, items of interest reports are just for this very thing—notify the administration on excellent work by police personnel—A big mistake again made not to notify the administration. This really did not make sense. This investigator reviewed six (6) months of items of interest reports (October, November, December 2011, and January, February, March to present 2012). The events of December 27-28, 2011 clearly qualified as important and critical activities that needed to be passed on.

The question was asked if Chief Suciu; based upon the preponderance of the information why did you not direct one of your Lieutenant’s to conduct a preliminary investigation into the involvement of Police Officer Downing and Ms. W**** G******? Based upon what you had been told?

His reply; Right, this is one of those things myself, Lt. McKinley and Lt. O’Neill talked about and we take these types of incidents very seriously in regards to initiating an internal investigation regarding any alleged misconduct. When we discussed this we kept coming back to that we thought they did the right things that night and that there was not misconduct on the part of Officer Downing or Sergeant Mauger or anything like that so we had not reason to initiate an investigation regarding any misconduct.

Note: Chief Suciu apparently took a view that was very narrow in scope. He totally missed out on what lead up to and caused the events of December 27-28, 2011 to occur in the first place. While his personnel performed well/had nothing to do with Downing’s long term extra-marital affair with Ms. W**** G******. His and her personal relationship caused the events that took place.

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Investigative BackgroundMr. David D. Sturtz, Special Investigator for the City of Reynoldsburg

Chief Suciu missed the importance of Downing’s prior activities. This is where he again made a leadership mistake.

Note to reader of this investigation; please read the full interviews of Police Chief Mike Taylor, Sergeant Shane Mauger, Police Officer Joe Vincent, Ms. W**** G****** and Police Officer Dan Downing, and Chief David Suciu. What is in the body of this background material was to give a flavor of the relationship between Ms. W**** G****** and Police Officer Dan Downing.

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Page 16: Investigative Background - Web viewInvestigative Background. Mr. David D. Sturtz, ... All interviews were taped and transcribed: List of Interview’s Information: Sergeant Shane Mauger,

Investigative BackgroundMr. David D. Sturtz, Special Investigator for the City of Reynoldsburg

Conclusion of Facts

That Reynoldsburg Police Chief David C. Suciu, Unit#133 failed to notify in a timely fashion, The Mayor, the Safety/Service Director, the City Attorney and the City Clerk of Courts, concerning the events that occurred on Tuesday, December 27th and Wednesday, December 28th, 2011. These events personally involved Reynoldsburg Police Officer Daniel Edward Downing, Unit #144 and his female associate, Ms. W**** G******. Also……….

That Reynoldsburg Police Chief David C. Suciu, Unit#133, after having been given sufficient and factual information on numerous occasions, failed to provide leadership and direction in having the actions of Reynoldsburg Police Officer Daniel Edward Downing, Unit #144 fully and timely investigated. This investigation would have protected the officer, The Reynoldsburg Police Department and the integrity of the City of Reynoldsburg Administrative offices.

Both areas of concern produced sufficient evidence to be sustained.

That Reynoldsburg Police Officer Daniel Edward downing, Unit#144 did violate general order 26.1.1, Actions unbecoming of a police officer and general order 26.1.4, Telephone/call phone use.

Officer Downing’s relationship with Ms. W**** G****** placed officers of three different law enforcement agencies in positions of danger namely, The Reynoldsburg Police Department, The Pickerington Police Department, and The Delaware County Sheriff’s Department.

His overall actions produced sufficient evidence to sustain.

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Page 17: Investigative Background - Web viewInvestigative Background. Mr. David D. Sturtz, ... All interviews were taped and transcribed: List of Interview’s Information: Sergeant Shane Mauger,

Investigative BackgroundMr. David D. Sturtz, Special Investigator for the City of Reynoldsburg

Course of Action Recommended

Chief Suciu:

That the proper authority issue a formal written reprimand to Police Chief David C. Suciu, Unit#133, for failure to give proper leadership and direction in regards to the actions of one of his subordinate Police Officer’s.

In addition, due to the serious nature of the events that occurred and were not handled in a professional manner, Police Chief David C. Suciu, Unit#133 be given a three (3) day suspension without pay.

These penalties to be place in his personnel files for future reference if need be.

Police Officer Daniel Edward Downing:

That Officer Downing be required to undergo further psychological evaluation.

That Officer Downing receive professional counseling for his infidelities.

That Officer Downing be required to attend and successfully pass an ethics program.

That Officer Downing receive a formal written reprimand for his actions of on-duty behavior.

That Officer Downing receive a three (3) day suspension without pay.

That Officer Downing be placed on a one year probation of good behavior and to be closely monitored and supervised.

All of this to be reflected in his personnel file.

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