Days after an officer arrested a woman on suspicion of drunken driving, police say he used his personal cell phone to send more than 90 text messages, some including photographs, to the suspect.
The texting is the basis of an internal investigation by Police Chief Robert Williams.
WHAT HAPPENED?
On Thanksgiving Day, three officers, including veteran officer John Mitchell, conducted a traffic stop at Wales Road and Andrew Avenue NE, according to police reports. Witnesses had reported a possible drunken driver operating a gold Ford Taurus in the area.
The officers conducted field sobriety tests on a 58-year-old Perry Township woman, who acted “lethargic” and failed to respond well to officers’ instructions, reports said. Police found in her car a straw and mirror, as well as bottles of prescription medications.
The suspect was taken to Affinity Medical Center for blood and urine tests. She was arrested and charged with misdemeanor counts of failure to control, operating a vehicle impaired, and possession of drugs and drug paraphernalia. The Independent generally does not name misdemeanors crime suspects.
Days after the arrest, more than 90 text messages were sent from Mitchell’s cell phone to the suspect. The suspect showed the material to her attorney, Jeff Jakmides, who took the information to Williams and Chief City Prosecutor John Simpson.
Williams said he immediately launched an internal investigation into Mitchell’s alleged misuse of a personal cell phone to communicate with the suspect.
Mitchell has not been charged with a crime. It is unknown if the allegations against him would rise to criminal charges if they are found to be true. Mitchell remains on duty, according to Mayor Francis H. Cicchinelli, because the matter still is being investigated.
NO DISCIPLINARY RECORD
Mitchell’s personnel record does not contain information about the investigation. He was hired March 18, 1996, and has no record of discipline.
Attempts to reach Mitchell at the Police Department on Thursday were unsuccessful. Williams, speaking through a clerk, would not permit The Independent to speak to Mitchell or his union representative.
Jakmides would not comment on specifics of the text messages.
“My client is cooperating with the Massillon Police Department, specifically Lt. (Keith) Moser, in the investigation of the conduct of one Massillon police officer that was involved in that arrest,” Jakmides said.
“The investigation is still ongoing, and my client and I are scheduled to meet again with the police authorities. We have turned over certain documentation and I suppose since the matter is a pending investigation, we probably shouldn’t comment any further.”
Jakmides said his client has no plans to take any legal action against the officer at this time.
“I don’t want to jeopardize any investigation, and I don’t know that it would really be fair to the officer either because the investigation is going to show what it’s going to show,” he said.
“I don’t know what they intend to do with the information. This is a police matter, and we’re going to let the police handle it the way they see fit.”
Williams said there is no timeline to complete the investigation. He noted that the suspect still was in the process of turning over about a dozen of the text messages as of Thursday.
Law Director Perry Stergios said his office is aware of the case, but is waiting for the department to finish its investigation.
Safety-Service Director Mike Loudiana said the case has been prolonged, in part, because the city is in the process of acquiring phone records. Stergios expects the case to be forwarded the Canton City Prosecutor’s Office when it is completed to avoid any appearance of impropriety.
DUI CHARGES DISMISSED
While the internal investigation continues into the officer’s actions after the drunken driving arrest, all but one traffic charge has been dismissed against the woman.
A blood test showed no signs of alcohol. A urine test showed no signs of drugs or alcohol. And crime lab test proved that the straw and mirror contained no drug residue, Prosecuting Attorney Laura Darrow said.
Jakmides also provided prescriptions for the medications found in the suspect’s car.
“I knew right away that I was going to dismiss this,” Darrow said. “As far as I’m concerned, these pictures or text messages have nothing to do with my case. My labs are what control my case. I cannot prosecute when the exculpatory evidence shows they are not guilty.”
Massillon Municipal Judge Edward Elum dismissed the criminal charges and the suspect pleaded to a charge of failure to control.
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