A Defiance County sheriff's deputy who says he was assaulted by his boss, the sheriff, believes his days with the department are numbered.
In an interview, Deputy Austin Cape accused Sheriff Dave Westrick of assaulting him because Cape failed to write a ticket to a critic of the sheriff's for illegal burning.
In an interview that aired Oct. 31, 2008, the sheriff denied the allegations saying, "The absolute most I would do is put my hand on his shoulder". But Cape's lawyer, Terry Lodge says that is an assault.
"When I saw the segment, I thought that's remarkable.", Lodge says, "You have a law enforcement officer saying they just put hands on an employee."
According to the Ohio Revised Code section 2903.13 "No person shall knowingly cause or attempt to cause physical harm to another." and "If the victim of the offense is a peace officer... assault is a felony of the fourth degree".
Lodge says, that means the sheriff could be charged with felony assault.
Cape, meanwhile, was suspended today until a pre-disciplinary hearing November 14th.
The notice he was given says he can offer an explanation, but does not say what he's being disciplined for. Cape also hand delivered a letter to the county prosecutor today requesting a state investigation into his claims. The prosecutor and the sheriff have not returned our calls for comment.
Cape's attorney now plans to ask the governor's office to step in and request a state investigation.
In an interview, Deputy Austin Cape accused Sheriff Dave Westrick of assaulting him because Cape failed to write a ticket to a critic of the sheriff's for illegal burning.
In an interview that aired Oct. 31, 2008, the sheriff denied the allegations saying, "The absolute most I would do is put my hand on his shoulder". But Cape's lawyer, Terry Lodge says that is an assault.
"When I saw the segment, I thought that's remarkable.", Lodge says, "You have a law enforcement officer saying they just put hands on an employee."
According to the Ohio Revised Code section 2903.13 "No person shall knowingly cause or attempt to cause physical harm to another." and "If the victim of the offense is a peace officer... assault is a felony of the fourth degree".
Lodge says, that means the sheriff could be charged with felony assault.
Cape, meanwhile, was suspended today until a pre-disciplinary hearing November 14th.
The notice he was given says he can offer an explanation, but does not say what he's being disciplined for. Cape also hand delivered a letter to the county prosecutor today requesting a state investigation into his claims. The prosecutor and the sheriff have not returned our calls for comment.
Cape's attorney now plans to ask the governor's office to step in and request a state investigation.
1 comment:
All I can say is, if Westrick is after you, it is for your lifetime. He will get you one way or another. He would even set you up. It took him years to put my brother behind bars, because of a vendetta, the only way he could...set him up to get busted.
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