NEWARK
Almost a year after his case was dismissed because of its conflict with a federal probe, a fired Licking County Sheriff's Office deputy has been indicted again.
David E. Pennington, who was fired June 12, 2007, has been accused of unauthorized use of a law-enforcement database, a fifth-degree felony, in connection with running license plates through the LEADS system between March 18, 2007, and March 27, 2007.
He allegedly ran the plates for a friend, who was under federal scrutiny, and would identify if the registration came back as "not in file" and advised that such a classification could indicate the plates belonged to law enforcement, according to an unsuccessful motion against sealing the dismissed case last year.
At that time, Licking County Prosecutor Ken Oswalt said agents with the Federal Bureau of Investigation and the Bureau of Alcohol, Tobacco, Firearms and Explosives had refused to share the information with local prosecutors on the grounds it could compromise their investigation.
Without that information, Oswalt said he was concerned about not being able to provide full discovery to the defense. The case was killed in November 2007.
Oswalt declined to comment Friday except to say, "We received information that we needed and as a result the case was presented to grand jury."
A summons was issued for Pennington to make an initial appearance Nov. 3 at the courtroom in the Licking County Justice Center.
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