A former Belpre police detective is standing trial this week, accused of using his position to keep a friend from being prosecuted and to obtain funds for the police department by intimidation.
David Garvey, 54, was a 17-year member of the Belpre Police Department and is facing 12 years in prison and $25,000 in fines, if convicted. Garvey retired from the police department in April after he was indicted.
Testimony in the trial is expected to resume at 9 a.m. today before Judge Ed Lane in Washington County Common Pleas Court.
Garvey's attorney, Dennis Sipe, said his client was "being railroaded" by other officers who, along with Garvey, were up for promotion. He said Garvey committed no crime.
"There could have been a mistake made, but not a criminal act. Simply a mistake," Sipe said.
Special Prosecutor Richard Ross, of Morgan County, told jurors that drugs are missing from a June 18, 2007, case Garvey handled. Also, he said, it appears Garvey accepted a bribe to dismiss a separate case.
According to Ross, Garvey was dispatched last June to the intersection of Blennerhassett and Parkersburg avenues in Belpre to assist with a call of a possible impaired motorist. That incident involves three of the four counts against the former officer.
Belpre police Sgt. Joe Fields testified he was already on the scene when Garvey arrived. Fields said he found Belpre resident James Kirkpatrick, Garvey's dentist, disoriented and standing behind a car.
"(Kirkpatrick) said he may have been having a reaction to his medication and that he was having knee problems," Fields said.
Inside the car was an unmarked bottle of pills that Fields said he took into custody and passed along to Garvey.
Fields said Garvey gave Kirkpatrick a ride home but the pills were never processed into evidence. Ross alleged Garvey gave the pills back to Kirkpatrick.
During opening statements, Sipe said Kirkpatrick had a prescription for the pills and that there is no way to prove a crime was committed because Fields didn't note what kind of pill was in the bottle.
"The best we're going to hear is that it is 'Watson' pills," Sipe said. "We will also hear that Watson makes a lot of pills."
Fields testified that he recalled reviewing different pills on the Internet with Garvey after the incident. He told jurors he thought, but was not sure, they determined the pills found on Kirkpatrick were OxyContin.
Ross said the second incident involves a 2003 drug case Garvey handled. He said Garvey found a woman in possession of a large amount of marijuana and $475. Ross said in exchange for her donation of cash to a police department fund, Garvey offered to reduce the charge to a misdemeanor.
Ross said there are proper steps and procedures that need to be taken before money can be forfeited. He called Garvey's actions in the case a form of "intimidation."
"In four distinct ways, this defendant failed on purpose. He deliberately did not keep his oath to protect and defend the citizens of the city of Belpre," Ross said.
Specifically, Garvey is charged with fifth-degree felony obstruction of justice, fifth-degree felony theft in office, third-degree felony tampering with evidence and third-degree felony bribery.
An internal investigation launched last summer at the Belpre Police Department raised concerns about Garvey. The case was then forwarded on Sept. 4 to the Ohio Bureau of Criminal Identification and Investigation, a special investigative unit of the Ohio Attorney General's Office.
Former Detective Acquitted
Judge Determines Not Enough Evidence To Present Charges To A Jury
By Brad Bauer, bbauer@mariettatimes.com
August 28, 2008
Former Belpre police Detective David Garvey fell into his seat and wept after a judge acquitted him Thursday of abusing his authority as an officer.
Prosecutors argued Garvey, a veteran officer, used his position to keep a friend from being prosecuted and to obtain funds for the police department by intimidation. Garvey faced 12 years in prison and $25,000 in fines if convicted.
At the conclusion of the state's case, Washington County Common Pleas Judge Ed Lane determined there was not enough evidence to present the charges to a jury.
Lane took his time sorting through each of the counts of the indictment, finding flaws in each case. He said at the end of the day all the jury had was "speculation and guesswork.
"I'm not going to leave this up to speculation," Lane said, adding that Garvey may have made mistakes, but that he questioned if it was criminal.
"Maybe it was bad police work - I'm not saying that (it was). Maybe it was a bad choice. But at the end of the day, do we really want our officers prosecuted for using their discretion?" Lane said.
The bulk of the case surrounded a June 18, 2007, incident Garvey handled involving local dentist James Kirkpatrick.
According to special prosecutor Richard Ross, Kirkpatrick was found disoriented behind his illegally parked vehicle and in possession of a bottle of unmarked pills. He said Garvey took Kirkpatrick home and returned the pills rather than entering them into evidence. Ross said Kirkpatrick was Garvey's dentist and friend.
Defense attorney Dennis Sipe said the first officer on the scene, Sgt. Joe Fields, told Garvey he didn't have any charges to file against Kirkpatrick. Sipe said Kirkpatrick told Garvey he had a prescription to have the pills.
"Is it a crime for an officer to believe a citizen?" Sipe asked.
Out of the June incident, Garvey was charged with obstruction of justice, theft in office and tampering with evidence.
The final count, bribery, involved a 2003 drug case Garvey investigated involving Mary Hapney, of 700 Barclay St., Belpre.
Hapney testified Thursday that Garvey and another officer found her in possession of a small amount of marijuana and $475. She said Garvey told her if she would "donate" the money to a police canine fund he would make sure the charges would not be filed as felonies.
Hapney said she was coerced into signing a piece of paper indicating she wanted to donate the cash.
"I can't afford to make a donation like that," Hapney said. "I was working a minimum wage job with two children. No, sir. They confiscated my money."
Lane said there was no coercion, noting Hapney pleaded guilty to a misdemeanor charge of possession of marijuana. She came back several months later and signed the donation letter.
"There's no evidence this is a (felony drug) trafficking offense. (Hapney) pled to what the case was, so there is no benefit," Lane said.
With Lane's final ruling, the 20 family members and supporters of Garvey applauded and went up one by one to congratulate Garvey, who was still seated and attempting to compose himself.
Ross said he was disappointed with the judge's decision. He said witness testimony was different than the information he had collected prior to the start of the trial, including the exact type of pills found on Kirkpatrick.
"That was a critical point," Ross said.
About half an hour after the decision, Garvey left the courtroom and was greeted again by his cheering group of supporters.
When asked about his reaction, he said he would keep his comments brief for fear of letting his emotions take over.
"The only thing I want to say is that I'm proud to be a police officer; proud to be a retired police officer. But I'm embarrassed to say I'm a retired police officer from the Belpre Police Department," he said.
After 17 years of service, Garvey retired from the department in April after he was indicted.
Sipe alleged Garvey was targeted because he was next in line to become chief at the department.
Belpre police Chief Ira Walker could not be reached for comment after the decision
