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Posted: 9:19 p.m. Saturday, Jan. 12, 2013

DiPietro has collected $18,000 during suspension

Deputy chief’s character witness said case may end up in court

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December 18, 2012 photo
Chris Stewart
Miami Twp. Police Deputy Chief Maj. John DiPietro leaves a Tuesday hearing into his actions surrounding the decontamination of a naked 17-year-old girl who was pepper-sprayed in July while being apprehended for shoplifting and other charges. CHRIS STEWART / STAFF

By Mark Gokavi

Staff Writer

Maj. John DiPietro has been paid more than $18,000 from the Miami Twp. Police Department since he was placed on administrative leave in October after a Montgomery County Sheriff’s Office investigation accused him of wrongdoing.

DiPietro’s oft-delayed disciplinary hearing still has no date scheduled for its conclusion and DiPietro’s last character witness says the entire ordeal may end up in court.

Miami Twp. officials provided payroll information that showed gross pay of $3,054.40 for each two-week period from Oct. 20 with the exception of a $3,204.40 payment during a span that included Christmas. Chief Krug said DiPietro still has uniforms but does not have access to department automobiles, motorcycles or other equipment. DiPietro’s annual salary is in excess of $84,000.

DiPietro hasn’t worked since Oct. 18, when Miami Twp. police Chief Chris Krug received an internal affairs report into DiPietro’s actions concerning the July 12 decontamination of a naked 17-year-old girl who had been pepper-sprayed.

Those documents allege that DiPietro committed six acts of improper conduct including taking a photo of one of the girl’s tattoos and sending it to a friend, allowing her to undress during the decontamination and failing to submit proper reports until ordered to by Krug.

After proceedings Nov. 14, Nov. 26 and a third day of closed-door testimony Dec. 18, DiPietro’s attorney said he wanted to call Perry Twp. police Chief Bob Bowman, who will testify as a character witness and an expert witness on the handling of the investigation. Bowman, whom DiPietro’s attorney said wasn’t available until this month, said he’s known DiPietro for more than 20 years.

“I think there’s been a predisposition … by at least some people in the township administration that the objective from Day 1 was to terminate him. I don’t think there’s any question,” Bowman said. “They’re going to take some severe action. I think there’s a good chance that this will end up in court rather than the final decision being made by the trustees.”

Officials have said the final day of the hearing is to include Bowman’s testimony and closing statements from attorneys on both sides. Bowman said the next possible time frame being discussed for the hearing is during the first week of February. Township officials have not announced any new date. The decision on what action to take would then fall to Board of Trustees members Mike Nolan, Deborah Preston and Charles Lewis.

Bowman said he doesn’t think the deputy chief’s behavior was right or correct but said some of the charges against DiPietro are a stretch, especially that DiPietro’s behavior was unbecoming of an officer. “Nowhere in the policies or procedures do they define what conduct unbecoming of a police officer is.”

Bowman said the drawn-out investigation and hearing has affected DiPietro, who had been among the most recognizable law enforcement figures in the Miami Valley.

“I think he’s doing just OK. I think he’s been beat down pretty good, really,” Bowman said. “I think you can see it in the way he looks and he acts and his disposition that it’s definitely taken a toll.”

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