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Three city police veterans left the department this month after one investigation determined an officer was guilty of unbecoming conduct and an officer and sergeant resigned before another investigation concluded.
Officer James Hardman, 45, and Sgt. Paul Hicks, 45, resigned from their positions on March 7, before an internal investigation was completed, according to police department records obtained by this newspaper.
A police department internal affairs report indicates Hardman and Hicks disclosed code of conduct violations on Feb. 23, however the report does not provide any details about the allegations.
“There are no documents or any evidentiary items because the investigation was never started …,” wrote Fairborn Police Chief Terry Barlow in an email. “… I cannot comment on the allegations because they were never confirmed or investigated. The two officers involved are now private citizens and I will not comment on any allegations after the fact.”
Officer Lee Cyr was fired about a week before Hardman and Hicks resigned. Cyr was terminated after he posted a comment on Facebook about a Black Lives Matter activist who committed suicide in front of the Ohio Statehouse.
More than two decades of experience
Cyr, Hardman and Hicks were among the city police department’s 45 sworn officers. Each of the veterans had more than two decades of experience and their personnel files included positive reviews, letters of appreciation and awards.
Hardman was hired in 1992. A decade after he started with the department, he received the Medal of Valor in connection to an attempted suicide at a Holiday Inn in 2002, according to his personnel file.
Less than a month before he resigned, the police department determined Hardman was guilty of violating department or city rules and use of force in connection with a Jan. 1 incident involving an intoxicated and uncooperative prisoner at the jail, according to Hardman’s personnel file.
“You subsequently used force on that prisoner that exceeded the established reasonableness standards,” wrote Hardman’s supervisor and the police chief in a written disciplinary action report.
Hardman also failed to properly report his contact with the prisoner.
Hicks was hired in 1995, and promoted to sergeant in 2003. That same year, he received a letter from the police chief praising him for his supervision of a DUI checkpoint.
“Thanks in part to your direction and planning, this turned out to be a very effective deterrent to drivers operating motor vehicles under the influence of alcohol,” wrote, Patrick Oliver, who was the Fairborn police chief at that time.
Cyr was hired in 1994. Five years after he was hired, he received the Road Officer Award from the Greene County Domestic Violence Consortium. In August 2002, he was notified that he was to be presented with a Medal of Valor for apprehending a robbery suspect.
More recently, the Fairborn Police Department received a complaint about a comment Cyr made on the Ohio Politics Facebook page on Feb. 10, according to police department documents.
The comment, “Love a happy ending,” was posted two days after MarShawn McCarrel II killed himself on the front steps of the Ohio Statehouse.
Two days after a complaint was filed, an internal investigation was launched. A report outlining the details of the investigation was completed on Feb. 14.
“Officer Cyr has stated his remark was not meant to be racist or insensitive in nature,” wrote Capt. Terry Bennington in a March 1 memo to the police chief. “He regrets making the post has he has expressed remorse for putting the department in the position that he has.”
The memo also notes Cyr had previously been “cautioned” on his use of social media, so Bennington recommended ending Cyr’s employment.
The investigation determined there was insufficient evidence to confirm Cyr’s comment was “racially motivated.”
“It is readily apparent that BLM, at least in part, is a movement based on hatred, ignorance, and violence, lending credence to Officer Cyr’s worriment of their realistic threat to law enforcement,” wrote Sgt. G. R. Mader, in a internal affairs report
The investigation determined Cyr violated the department’s social media personal use policy and he was found guilty of unbecoming conduct.
“The public perception of Cyr’s comment has caused serious reputational damage and discredit to the city of Fairborn, the Fairborn Police Department and to each of its members,” wrote Fairborn Police Chief Terry Barlow in a March 1 memo to Fairborn City Manager Deborah McDonnell.
According to the city’s social media policy, employees are allowed to express themselves on social media sites as private citizens as long as their comments do not “impair working relationships” of the department.
“This posting has been perceived as racist to the African American community and insensitive & inconsiderate to those in the mental health community,” Barlow wrote.
Outcry for Cry’s termination
Documents obtained by this newspaper related to the Cyr investigation showed the police chief received an estimated 18 emails from people complaining about the officer’s comments and urging the chief to fire him.
“Anyone who celebrates the death of an innocent human being does not deserve to wear the uniform,” wrote Stephanie Songchild in a Feb. 13 email.
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