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Home > Blogs > Dayton Courts: Legal and crime news > Archives > 2010 > March > 08 > Entry
Former police officer receives jail sentence
DAYTON - A former Dayton police officer, convicted of illegally selling impounded cars, was sentenced Monday, March 8, to 90 days in jail plus five years probation.
Phillip Brooks Sr., 44, pleaded guilty to nine felonies on Wednesday, Feb. 3, and agreed to surrender his peace officer certification.
Montgomery County Common Pleas Judge Timothy O’Connell suspended a 26-year prison sentence. He also ordered Brooks to pay $2,100 in restitution to two victims.
Dayton Police Chief Richard Biehl addressed O’Connell, about his “regrettable duty” to discuss the criminal actions of an officer.
“They were a betrayal of his responsibility to protect the citizens of Dayton,” Biehl said.
But Brooks’ attorneys Daniel O’Brien and Mark Segreti said their client had merely made mistakes.
“He thought that they were abandoned,” O’Brien said. “He did not believe he was doing anything wrong.”
Under the plea agreement, Brooks pleaded guilty to six counts of tampering with government records, all third-degree felonies, from his original May 21 indictment. Sixteen other counts were dismissed. Brooks also pleaded guilty to all three counts from his Sept. 25 re-indictment: two counts of theft in office and one count of attempt to commit theft in office, all fifth-degree felonies.
Under Ohio law, third-degree felonies are punishable by up to five years in prison. Fifth-degree felonies are punishable by up to 12 months in prison.
O’Connell told Brooks at his plea hearing that he faced up to 33 years in prison, but that he also could be eligible for probation. Assistant county prosecutor Ward Barrentine told O’Connell that prosecutors and defense attorneys had no agreement on sentencing, leaving it to O’Connell’s discretion, but Brooks will be ordered to pay restitution to the victims.
Brooks maintained his innocence during an interview with the Dayton Daily News on May 22 stating “I’m not guilty” and “I put this in God’s hands and let my attorney do what he does best.”
Brooks had been suspended without pay since April 13.
Brooks allegedly used a confidential police database to determine the owner of vehicles that had been towed or impounded, according to the county prosecutor’s office. Brooks then used that information to forge a fake bill of sale and had a new title issued in his name.
He would then sell the vehicles. There is no evidence other officers were involved, Dayton Police Chief Richard Biehl said in May.
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