The Montgomery County Prosecutor’s Office has declined to file criminal charges against the deputy police chief of the Miami Twp. Police Department, concerning the decontamination of a 17-year-old girl after her July 12 arrest, according to prosecutor’s spokesman Greg Flannagan.
The decontamination was related to the girl being pepper-sprayed during her arrest, according to Sheriff Phil Plummer.
Flannagan confirmed Monday that the prosecutor’s office had reviewed a criminal investigation last week into the actions of Maj. John DiPietro, done by the Montgomery County Sheriff’s Office, but found there was “insufficient evidence that any felony occurred. As far as we’re concerned, there are not going to be any criminal charges.”
Plummer confirmed Monday that his office, at the request of Miami Twp. officials, had done the criminal investigation and just started an internal affairs investigation to see whether DiPietro had violated any policies or procedures.
Plummer said DiPietro hosed down the girl, who was completely naked, and DiPietro was alone with her at the time. The Dayton Daily News has requested the township’s policies and procedures regarding pepper spray decontamination but has not received them.
Plummer said his investigators would be interviewing DiPietro on Oct. 9 as part of the internal affairs investigation.
Miami Twp. Police Chief Chris Krug and DiPietro declined comment, citing the pending investigation. Krug said that, with the support of the township trustees, he asked the sheriff’s office to investigate the allegations, but said he could not comment on them.
Few details are available about the allegations. The Dayton Daily News and News Center 7 have been investigating the allegations since Sept. 19 and are still pursuing records about the case.
Last week Krug denied the joint request filed by the Dayton Daily News and News Center 7 for the security video of that decontamination. In an email, Krug forwarded the comments of assistant county prosecutor Doug Trout that “Miami Township is in possession of security videos of the decontamination incident. However, this video cannot be released as it involves a minor and contains nudity.”
Trout also cited sections of the Ohio Revised Code and wrote that possession of the video could subject anyone to criminal liability.
The township did allow the Dayton Daily News to go through DiPietro’s personnel file, which contained numerous commendations and letters of thanks from community groups. DiPietro joined the police department as an auxilliary officer in 1986, and was made a full-time officer in 1989. He was promoted from sergeant to deputy chief in 2000. He has not been disciplined since 2001, when he received a written reprimand for damaging a vehicle.
The July incident started when the girl and another person were arrested after an alleged theft offense at Plato’s Closet, 8319 Springboro Pike, according to an incident report obtained by the Dayton Daily News. The narrative simply states that police were dispatched on a theft complaint.
The second person arrested is Patricia Cooley, 18, who could not be reached for comment. Cooley, of Dayton, is charged with a misdemeanor theft count, according to Miamisburg Municipal Court records.
The 17-year-old girl and her mother declined comment.
On July 13, the Dayton Daily News reported that two women were taken into custody after allegedly stealing clothes from Plato’s Closet. A police officer was following the suspects in a vehicle when the passenger began throwing clothes out of the window.
The driver pulled into a gas station at the intersection of Ohio 741 and Alex-Bell Road, and the passenger took off running, according to police. The officer chased the female passenger down and she was pepper sprayed after she struggled with him, police said.
DiPietro is not mentioned in the police report, which lists two other officers as being involved in the arrest.
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