Special prosecutor: No wrongdoing in sheriff’s office

A special prosecutor has been investigating Miami County Sheriff’s Office for several months.

A special prosecutor investigating allegations of improperly signed and notarized sheriff’s sale deeds at the Miami County Sheriff’s Office found the claims without merit.

Kevin Talebi, Champaign County’s prosecuting attorney, was asked earlier this year by Miami County Prosecutor Tony Kendell, citing possible conflict of interest, to investigate the allegations. Kendell released Talebi’s findings Monday, May 11.

“Upon review of the investigative materials and evidence collected, I have concluded that there is no credible evidence of any criminal wrongdoing sufficient to justify a presentation to a Miami County grand jury,” Talebi wrote in a letter to Kendell dated May 8. “In fact, it is clear from the information gathered that members of the sheriff’s office did not engage in conduct with purpose to defraud nor did they act in a manner for the purpose of facilitating any sort of fraud.”

Sheriff’s Chief Deputy Dave Duchak said Monday he and Sheriff Charles Cox were reviewing Tabeli’s letter and investigative reports. “We followed the law like we always do,” Duchak said, adding that he and Cox requested the investigation late last year.

Duchak said the office would comment further in coming days.

Kendell said he could not comment on the report

Talebi said the investigation included his independent review of alleged misconduct along with documentation collected by investigator Jim Taylor of the Miami County Prosecutor’s Office. Taylor was asked in December to look into possible misconduct in the handling of sheriff’s sale deeds including claims that deeds were improperly signed and notarized.

The allegations by long-time sheriff’s office records clerk Rene Ingle led to her placement on paid administrative leave Dec. 29 due to what the sheriff’s office would only say was an investigation. Cox later placed Ingle on a three-day suspension after he found she violated department policy by failing to report important information – including potential forgery of the sheriff’s signature — to superiors and knowingly releasing proprietary information from the sheriff’s office to her private attorney.

The special prosecutor was appointed about a month after the county commissioners asked Kendell to answer questions on legal and financial issues as a result of the county having both a sheriff and an acting sheriff. Cox in November said he would turn over some duties to Duchak while recovering from surgery. He has since returned to work on a part time basis.

The commissioners in December submitted a series of questions to Kendell, including the legality of the signing of sheriff’s deeds by Duchak. Duchak said at the time that he signed a few deeds, and previously had done so in the sheriff’s absence. He said he checked with legal counsel in the prosecutor’s office and was told he could sign those documents.

County Commission President Jack Evans said Monday he had not read the report and could not comment.

Taylor’s investigative report shows he interviewed the sheriff in December and was told he was signing the sheriff’s sales deeds, except ones signed by Duchak. These signings by Duchak occurred in 2013 and 2014, Cox said. Duchak provided the same information, saying he signed “Sheriff Cox’s name and his name on deeds but only with the sheriff’s knowledge and after obtaining a legal opinion.” The opinion came from Kendell, Taylor was told.

Claims that the sheriff’s handwriting changed were addressed by a document examiner at the Miami Valley Regional Crime Laboratory, Taylor said. He was told numerous factors such as health, age, body position, fatigue, etc., could account for changes in someone’s handwriting.

About the Author