Lucking said he would be determining "whatever disciplinary remedy is deemed appropriate."
Lucking and police leadership presented a list of offenses to McCrary, who was accompanied by his attorney Renny Tyson of Columbus.
The hearing was also an opportunity for McCrary, who has been with the police department for over 20 years, to respond to the accusations made against him.
The city hired the Duwel Law firm in Dayton to conduct an investigation into an internal complaint and an Ohio Civil Rights Commission charge made by a Trotwood Police Detective against the city and McCrary.
David Duwel addressed the investigation report, dated April 22, to Trotwood Police Chief Quincy Pope. The report said the following:
- McCrary made some sexually harassing and "totally unacceptable" comments in a workplace environment to some detectives during a conversation about a rape investigation.
- McCrary "showed fellow officers inappropriate sexual pictures on his phone in December of 2012." McCrary is accused of showing a picture of what some believed was a vagina singing Christmas Carols and a picture of a naked man riding a bicycle. "From interviews with the witnesses, there seemed to exist a consensus that complaining would not have resulted in any action against McCrary due to a 'zone of protection' allegedly provided by Captain Erik Wilson and Chief Pope."
The report also mentioned that McCrary had a previous history of discipline for sexually offensive behavior that took place during the time frame of October of 2006 and December of 2008. McCrary admitted to making unsolicited and inappropriate comments of a sexual nature to a female office worker and a female officer. As a result, McCrary was given a last chance agreement that said "that any further instances of workplace harassment, violation of state or federal regulations and/or violations of the Employers' Policies, Procedures shall, at the sole discretion of the Chief of Police, result in the immediate termination of employment of (McCrary)." That agreement expired in 2009.
Also, the report said McCrary "does not function well in a supervisory level at the Trotwood Police Department. He does not have the respect of most of the other officers and his judgment is clearly impaired."
When asked his reaction to the accusations, Lucking said, "You will see my reaction when the announcement (regarding discipline) is made."
McCrary is working now as a road patrol sergeant.
"He will remain doing so until the time discipline is given," Lucking said.
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