Prosecutor charges Dayton police sergeant under criminal investigation

A Dayton police sergeant placed on leave more than a year ago pending a criminal investigation is now facing formal charges.

Sgt. Joseph Setty, 42, is charged with unlawful restraint and two counts of disorderly conduct, all misdemeanor charges, according to a bill of information filed Monday in Montgomery County Common Pleas Court.

No attorney was listed on file for Setty.

He was “relieved of duty” March 21, 2023, amid allegations of misconduct, according to city records.

“After reviewing the available facts in this matter, and the information presented at the hearing, effective immediately, you are being placed on leave with benefits status. You will remain on leave with benefits until otherwise advised,” read a letter to Setty signed by Lt. Col. Eric Henderson, deputy director and assistant chief of the Dayton Police Department.

The letter gives no indication of the specific allegations against Setty, who was promoted to the rank of sergeant in February 2016.

Court documents reveal that Setty is accused of “restraining another of her liberty” on or about Feb. 1, 2021, through April 1, 2021.

The disorderly conduct charges involve incidents against two women, one on Sept. 25, 2022, and the second on Feb. 10, 2023, in which Setty reportedly created “a condition that was physically offensive to persons or that presented a risk of physical harm to persons or property, by any act that served no lawful and reasonable purpose of the offender, and the defendant persisted in disorderly conduct after reasonable warning or request to desist,” the bill of information stated.

The Ohio Bureau of Criminal Investigation conducted an independent investigation into the complaints.

Setty’s Dayton police personnel file includes nearly a dozen written commendations over the past 11 years. The most recent one was last fall at Liberty High School, for working with another DPD officer to wrestle to the ground a former student who came onto school grounds and had a loaded gun in his bag.

Setty and two other officers were involved in a shooting in December 2020 that resulted in the death of 37-year-old Donald Saunders after police responded to a domestic violence call. Saunders was shot at least four times after he pointed a gun directly at Setty’s chest at an apartment in the 1700 block of Rangeley Avenue, according to a commendation Setty received.

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