November, 2005
...a female victim which alleged unlawful restraint, sexual imposition and domestic violence committed by Potts... [Marion County Prosecutor Jim] Slagle wrote in his findings completed Nov. 2 that there was no torn clothing or other physical evidence. The only evidence of physical injury was a slight red mark on the victim's side which was not visible in photographs taken by investigators. "I am satisfied that felony charges are not appropriate as there is insufficient evidence to prove beyond a doubt that any felony offense was committed," wrote Slagle in his findings... I am closing my file on this case..."
[police officer involved domestic violence oidv intimate partner violence ipv abuse law enforcement public safety lethal fatality fatalities murder teflon rape ohio state politics]
Marion deputy faces domestic violence charge
ReplyDeleteOfficer placed on paid leave
BY BRENDA J. DONEGAN
The Marion Star
Thursday, November 10, 2005
MARION - A Marion County Sheriff's Deputy has found himself on the wrong side of the law from an incident reportedly to have occurred in his home.
Sheriff's Deputy Dennis Potts was issued a summons Wednesday on a charge of domestic violence, a first degree misdemeanor.
Marion City Police investigated the accounts by a female victim which alleged unlawful restraint, sexual imposition and domestic violence committed by Potts in the early morning hours of Oct. 31 in his home in Marion. Police findings were forwarded to Marion County Prosecutor Jim Slagle for possible charges.
According to a statement to police by the victim, Potts had phoned her from a Marion bar and requested a ride home because he was too intoxicated to drive. She drove to the bar and drove Potts to his home. She also entered the home voluntarily and was invited by Potts to stay the night. The victim was invited to engage in sexual relations, which she declined.
The victim reported that he grabbed her wrists and pulled her in the bedroom. He blocked the door to talk with her further and then allowed her to leave.
Slagle wrote in his findings completed Nov. 2 that there was no torn clothing or other physical evidence. The only evidence of physical injury was a slight red mark on the victim's side which was not visible in photographs taken by investigators.
"I am satisfied that felony charges are not appropriate as there is insufficient evidence to prove beyond a doubt that any felony offense was committed," wrote Slagle in his findings"... I am closing my file on this case. I understand the law director, or his designee, will determine whether misdemeanor charges are appropriate."
City Law Director Mark Russell said all procedures were followed as is customary with the office.
"We have a procedure if there is any chance there would be felony charges we defer to the Prosecutor's Office," Russell said.
When the case was referred back to his office, Russell requested a visiting official determine what charges would be filed because of his work connection to the deputy.
continued
ReplyDeleteIn this case, Russell contacted Jason Miller, assistant law director for Kenton in Hardin County, to review the charges.
Russell was asked by The Marion Star if his decisions in the case had anything to do with Tuesday's election in which he was a candidate for municipal court judge.
"The election did not play into the decision to have a visiting special prosecutor determine the charges," Russell said.
Miller confirmed he sent his decisions back to the Marion Law Director's office late Tuesday. His recommendation was for a domestic violence first degree misdemeanor charge. Potts faces a maximum sentence of six months in jail and a $1,000 fine.
Russell prepared a motion to have a visiting special prosecutor proceed with the case on Wednesday morning which was approved by Acting Judge Brent Rowland, who is handling cases this week in Judge Teresa Ballinger's absence.
Miller said there is nothing out of the ordinary by the request by Russell to seek outside opinion.
"In smaller communities this often happens, Miller said. "I would have gone outside my county."
Miller said he expects Potts to be arraigned within the week and a court date set at that time. A Marion Municipal Court official said his arraignment is set for 1:30 p.m. Tuesday.
Marion County Sheriff Tim Bailey said Potts has been placed on paid administrative leave while his office conducts an internal affairs investigation. Potts is a 25 year employee of the department.
Miller deferred making comment on anything factual in the case from the alleged incident.
"I will defer making any comments so Mr. Potts can have his fair day in court," Miller said. "I'm going to protect his rights as a citizen. Mr. Potts has not been convicted of anything. He's innocent until found guilty, same as any citizen."
Deputy’s plea is not guilty
ReplyDeleteBy Brenda Donegan
The Marion Star
Domestic violence conviction would draw a maximum sentence of 6 months in jail and a $1,000 fine
MARION — Marion County Sheriff’s Deputy Dennis Potts entered a plea of not guilty at an arraignment Tuesday in Marion Municipal Court.
Potts was served a summons on Nov. 9 on a charge of domestic violence, a first degree misdemeanor, pertaining to an incident which allegedly occurred in the early morning hours Oct. 31 in Pott’s home in Marion.
Potts was represented by Attorney J.C. Ratliff who entered the plea on his client’s behalf. The deputy faces a maximum sentence of 6 months in jail and a $1,000 fine. No date was set for the trial.
Marion County Sheriff Tim Bailey placed Potts on paid administrative leave while his office conducts an internal affairs investigation. Potts is a 25 year employee of the department.
Online extra
For portions of Marion County Prosecutor Jim Slagle’s findings in this case, link to the report at the right.
Read more about this case in Wednesday’s Marion Star.
Brenda Donegan: 740-375-5150 or bdonegan@nncogannett.com
Originally published November 15, 2005
Hearing date set for Marion deputy
ReplyDeleteNewspaper Network
Friday, November 25, 2005
MARION - The first hearing for a Marion County Sheriff's deputy accused of a domestic violence charge will be in Hardin County.
The pre-trial hearing date for Deputy Dennis Potts on a first degree misdemeanor count is 8:30 a.m. Dec. 14 in Kenton Municipal Court in Hardin County.
The venue was moved to Hardin County as a visiting prosecutor is representing the state and the local judge opted to have the case heard by a visiting judge, according to information from Marion Municipal Court.
Potts was served a summons on Nov. 9 for an alleged incident that occurred in the early morning hours of Oct. 31 in Potts home involving a female victim.
The 25-year veteran of the Sheriff's Department is on paid administrative leave from duties. Sheriff Tim Bailey said he will wait for the case to be resolved in court before taking any further action.
Marion City Law Director Mark Russell opted to have the case reviewed by a visiting prosecutor due to his work relationship with the deputy. Jason Miller, assistant law director for the city of Kenton, is prosecuting the case.
Originally published November 25, 2005
http://www.centralohio.com/apps/pbcs.dll/article?AID=/BE/20051125/NEWS01/511250308/1002&template=BE
No trial for former deputy
ReplyDeleteAgreement, treatment would dismiss domestic violence charges
By BEVIN PEPPARD
The Marion Star
MARION - Criminal charges against a former Marion County Sheriff's Deputy may be dismissed through an agreement with the court and the victim that he undergo anger-management treatment.
Hardin County Assistant Law Director Jason Miller said that Dennis Potts has agreed to participate in a domestic violence treatment program. The misdemeanor case against him, which was originally scheduled for jury trial Feb. 1, was delayed until the completion of the program. At that time the charges against Potts will most likely be dismissed, said Miller.
"The victim in the case has decided in lieu of having a trial, she would like him to have domestic violence treatment," Miller said.
Potts was charged with a first-degree misdemeanor charge of domestic violence after officers from the Marion Police Department investigated accusations from a woman who alleged Potts held her in a bedroom at his home against her will. Miller said that the rehabilitation program in which Potts is participating is individualized, but typically last approximately two months. If convicted of the misdemeanor, Potts could have served a maximum of six months in jail and be required to pay a $1,000 fine.
"We are doing this to satisfy the parties involved," Miller said.
The victim, who reportedly was familiar with Potts, said that on Oct. 31, 2005, he called her from a local bar asking for a ride home. She reported that she drove him home and, after entering his residence voluntarily, was grabbed by her wrists and pulled into a bedroom. The victim reported that Potts blocked the bedroom door in order to talk with her, later allowing her to leave.
The Marion County Prosecutor's Office reviewed police findings and determined that insufficient physical evidence was available to charge Potts with a felony offense. The case was then forwarded to the City Law Director's Office for possible misdemeanor charges. Due to his prior working relationship with Potts, Law Director Mark Russell forwarded the case to Miller.
Potts was placed on paid administrative leave from the Marion County Sheriff's Office Nov. 10 pending the outcome of his criminal case. The deputy, however, decided to retire effective Jan. 31. He was a 25-year employee of the department
Chief Deputy Al Hayden said Potts' position has been filled which puts staffing of certified peace officers for the department at 28.
"Obviously you replace (retirees) with a brand new guy," said Hayden. "Maybe that position itself (detective) will be filled with an experienced person, but ultimately you're going to hire some without that experience."
Hayden said he had no knowledge of anything else to do with Potts' case. He said Potts' time with the sheriff's office earned him the opportunity to retire, something the department has dealt with regarding several individuals over the last 6-8 years.
A spokesman in J.C. Ratliff's office said Friday that neither Potts nor Ratliff, who is representing him, would comment further on the case.
Reporter Bevin Peppard; 740-375-5155 or bpeppard@nncogannett.com
Originally published March 11, 2006
http://www.marionstar.com/apps/pbcs.dll/article?AID=/20060311/NEWS01/603110305/1002