Ohio Revised Codes

Presented By

Bonnie M. Wells



2921.02 Bribery

(A) No person, with purpose to corrupt a public servant or party official, or improperly to influence him with respect to the discharge of his duty, whether before or after he is elected, appointed, qualified, employed, summoned, or sworn, shall promise, offer, or give any valuable thing or valuable benefit.

(B) No person, either before or after he is elected, appointed, qualified, employed, summoned, or sworn as a public servant or party official, shall knowingly solicit or accept for himself or (another person) any valuable thing or valuable benefit to corrupt or improperly influence him or another public servant or party official with respect to the discharge of his or the other public servant’s or party official’s duty.{{ See Comments (1a) Below}}

(C) No person, with purpose to corrupt a witness or improperly to influence him with respect to his testimony in an official proceeding, either before or after he is subpoenaed or sworn, shall promise, offer, or give him or another person any valuable thing or valuable benefit.

(D) No person, either before or after he is subpoenaed or sworn as a witness, shall knowingly solicit or accept for himself or another person any valuable thing or valuable benefit to corrupt or improperly influence him with respect to his testimony in an official proceeding.

(E) Whoever violates this section is guilty of bribery, a felony of the third degree.

(F) A public servant or party official who is convicted of bribery is forever disqualified from holding any public office, employment, or position of trust in this state.

Effective Date: 09-17-1986

2921.12 Tampering With Evidence

(A) No person, knowing that an official proceeding or investigation is in progress, or is about to be or likely to be instituted, shall do any of the following:

(1) Alter, destroy, conceal, or remove any record, document, or thing, with purpose to impair its value or availability as evidence in such proceeding or investigation;

(2) Make, present, or use any record, document, or thing, knowing it to be false and with purpose to mislead a public official who is or may be engaged in such proceeding or investigation, or with purpose to corrupt the outcome of any such proceeding or investigation.

(B) Whoever violates this section is guilty of tampering with evidence, a felony of the third degree.

Effective Date: 01-01-1974

2921.32 Obstructing Justice

(A) No person, with purpose to hinder the discovery, apprehension, prosecution, conviction, or punishment of another for crime or to assist another to benefit from the commission of a crime, and no person, with purpose to hinder the discovery, apprehension, prosecution, adjudication as a delinquent child, or disposition of a child for an act that if committed by an adult would be a crime or to assist a child to benefit from the commission of an act that if committed by an adult would be a crime, shall do any of the following:

(1) Harbor or conceal the other person or child;

(2) Provide the other person or child with money, (transportation), a weapon, a disguise, or other means of avoiding discovery or apprehension;{{ See Comments (2b) below }}

(3) Warn the other person or child of impending discovery or apprehension;

(4) Destroy or conceal physical evidence of the crime or act, or induce any person to withhold testimony or information or to elude legal process summoning the person to testify or supply evidence;

(5) Communicate false information to any person;

(6) Prevent or obstruct any person, by means of force, intimidation, or deception, from performing any act to aid in the discovery, apprehension, or prosecution of the other person or child.{{ See Comments (3c) below}}

(B) A person may be prosecuted for, and may be convicted of or adjudicated a delinquent child for committing, a violation of division (A) of this section regardless of whether the person or child aided ultimately is apprehended for, is charged with, is convicted of, pleads guilty to, or is adjudicated a delinquent child for committing the crime or act the person or child aided committed. The crime or act the person or child aided committed shall be used under division (C) of this section in determining the penalty for the violation of division (A) of this section, regardless of whether the person or child aided ultimately is apprehended for, is charged with, is convicted of, pleads guilty to, or is adjudicated a delinquent child for committing the crime or act the person or child aided committed.

(C)(1) Whoever violates this section is guilty of obstructing justice.

(2) If the crime committed by the person aided is a misdemeanor or if the act committed by the child aided would be a misdemeanor if committed by an adult, obstructing justice is a misdemeanor of the same degree as the crime committed by the person aided or a misdemeanor of the same degree that the act committed by the child aided would be if committed by an adult.

(3) Except as otherwise provided in divisions (C)(4) and (5) of this section, if the crime committed by the person aided is a felony or if the act committed by the child aided would be a felony if committed by an adult, obstructing justice is a felony of the fifth degree.{{ See Comments (2b) below}}

(4) If the crime committed by the person aided is aggravated murder, murder, or a felony of the first or second degree or if the act committed by the child aided would be one of those offenses if committed by an adult and if the offender knows or has reason to believe that the crime committed by the person aided is one of those offenses or that the act committed by the child aided would be one of those offenses if committed by an adult, obstructing justice is a felony of the third degree.

(5) If the crime or act committed by the person or child aided is an act of terrorism, obstructing justice is one of the following:

(a) Except as provided in division (C)(5)(b) of this section, a felony of the second degree;

(b) If the act of terrorism resulted in the death of a person who was not a participant in the act of terrorism, a felony of the first degree.

(D) As used in this section:

(1) “Adult” and “child” have the same meanings as in section 2151.011 of the Revised Code.

(2) “Delinquent child” has the same meaning as in section 2152.02 of the Revised Code.

(3) “Act of terrorism” has the same meaning as in section 2909.21 of the Revised Code.

Effective Date: 05-15-2002

2921.41 Theft In Office

(A) No public official or party official shall commit any theft offense, as defined in division (K) of section 2913.01 of the Revised Code, when either of the following applies:

(1) The offender uses the offender’s office in aid of committing the offense or permits or assents to its use in aid of committing the offense;

(2) The property or service involved is owned by this state, any other state, the United States, a county, a municipal corporation, a township, or any political subdivision, department, or agency of any of them, is owned by a political party, or is part of a political campaign fund.

(B) Whoever violates this section is guilty of theft in office. Except as otherwise provided in this division, theft in office is a felony of the fifth degree. If the value of property or services stolen is five hundred dollars or more and is less than five thousand dollars, theft in office is a felony of the fourth degree. If the value of property or services stolen is five thousand dollars or more, theft in office is a felony of the third degree.

(C)(1) A public official or party official who is convicted of or pleads guilty to theft in office is forever disqualified from holding any public office, employment, or position of trust in this state.

(2)(a) A court that imposes sentence for a violation of this section based on conduct described in division (A)(2) of this section shall require the public official or party official who is convicted of or pleads guilty to the offense to make restitution for all of the property or the service that is the subject of the offense, in addition to the term of imprisonment and any fine imposed.

A court that imposes sentence for a violation of this section based on conduct described in division (A)(1) of this section and that determines at trial that this state or a political subdivision of this state if the offender is a public official, or a political party in the United States or this state if the offender is a party official, suffered actual loss as a result of the offense shall require the offender to make restitution to the state, political subdivision, or political party for all of the actual loss experienced, in addition to the term of imprisonment and any fine imposed.

(b)(i) In any case in which a sentencing court is required to order restitution under division (C)(2)(a) of this section and in which the offender, at the time of the commission of the offense or at any other time, was a member of the public employees retirement system, the Ohio police and fire pension fund, the state teachers retirement system, the school employees retirement system, or the state highway patrol retirement system;

was an electing employee, as defined in section 3305.01 of the Revised Code, participating in an alternative retirement plan provided pursuant to Chapter 3305. of the Revised Code;

was a participating employee or continuing member, as defined in section 148.01 of the Revised Code, in a deferred compensation program offered by the Ohio public employees deferred compensation board;

was an officer or employee of a municipal corporation who was a participant in a deferred compensation program offered by that municipal corporation;

was an officer or employee of a government unit, as defined in section 148.06 of the Revised Code, who was a participant in a deferred compensation program offered by that government unit, or was a participating employee, continuing member, or participant in any deferred compensation program described in this division and a member of a retirement system specified in this division or a retirement system of a municipal corporation, the entity to which restitution is to be made may file a motion with the sentencing court specifying any retirement system, any provider as defined in section 3305.01 of the Revised Code, and any deferred compensation program of which the offender was a member, electing employee, participating employee, continuing member, or participant and requesting the court to issue an order requiring the specified retirement system, the specified provider under the alternative retirement plan, or the specified deferred compensation program, or, if more than one is specified in the motion, the applicable combination of these, to withhold the amount required as restitution from any payment that is to be made under a pension, annuity, or allowance, under an option in the alternative retirement plan, under a participant account, as defined in section 148.01 of the Revised Code, or under any other type of benefit, other than a survivorship benefit, that has been or is in the future granted to the offender, from any payment of accumulated employee contributions standing to the offender’s credit with that retirement system, that provider of the option under the alternative retirement plan, or that deferred compensation program, or, if more than one is specified in the motion, the applicable combination of these, and from any payment of any other amounts to be paid to the offender upon the offender’s withdrawal of the offender’s contributions pursuant to Chapter 145., 148., 742., 3307., 3309., or 5505. of the Revised Code.

A motion described in this division may be filed at any time subsequent to the conviction of the offender or entry of a guilty plea. Upon the filing of the motion, the clerk of the court in which the motion is filed shall notify the offender, the specified retirement system, the specified provider under the alternative retirement plan, or the specified deferred compensation program, or, if more than one is specified in the motion, the applicable combination of these, in writing, of all of the following:

that the motion was filed;

that the offender will be granted a hearing on the issuance of the requested order if the offender files a written request for a hearing with the clerk prior to the expiration of thirty days after the offender receives the notice;

that, if a hearing is requested, the court will schedule a hearing as soon as possible and notify the offender, any specified retirement system, any specified provider under an alternative retirement plan, and any specified deferred compensation program of the date, time, and place of the hearing;

that, if a hearing is conducted, it will be limited only to a consideration of whether the offender can show good cause why the requested order should not be issued; that, if a hearing is conducted, the court will not issue the requested order if the court determines, based on evidence presented at the hearing by the offender, that there is good cause for the requested order not to be issued;

that the court will issue the requested order if a hearing is not requested or if a hearing is conducted but the court does not determine, based on evidence presented at the hearing by the offender, that there is good cause for the requested order not to be issued; and that, if the requested order is issued, any retirement system, any provider under an alternative retirement plan, and any deferred compensation program specified in the motion will be required to withhold the amount required as restitution from payments to the offender.

(ii) In any case in which a sentencing court is required to order restitution under division (C)(2)(a) of this section and in which a motion requesting the issuance of a withholding order as described in division (C)(2)(b)(i) of this section is filed, the offender may receive a hearing on the motion by delivering a written request for a hearing to the court prior to the expiration of thirty days after the offender’s receipt of the notice provided pursuant to division (C)(2)(b)(i) of this section. If a request for a hearing is made by the offender within the prescribed time, the court shall schedule a hearing as soon as possible after the request is made and shall notify the offender, the specified retirement system, the specified provider under the alternative retirement plan, or the specified deferred compensation program, or, if more than one is specified in the motion, the applicable combination of these, of the date, time, and place of the hearing. A hearing scheduled under this division shall be limited to a consideration of whether there is good cause, based on evidence presented by the offender, for the requested order not to be issued. If the court determines, based on evidence presented by the offender, that there is good cause for the order not to be issued, the court shall deny the motion and shall not issue the requested order.

If the offender does not request a hearing within the prescribed time or if the court conducts a hearing but does not determine, based on evidence presented by the offender, that there is good cause for the order not to be issued, the court shall order the specified retirement system, the specified provider under the alternative retirement plan, or the specified deferred compensation program, or, if more than one is specified in the motion, the applicable combination of these, to withhold the amount required as restitution under division (C)(2)(a) of this section from any payments to be made under a pension, annuity, or allowance, under a participant account, as defined in section 148.01 of the Revised Code, under an option in the alternative retirement plan, or under any other type of benefit, other than a survivorship benefit, that has been or is in the future granted to the offender, from any payment of accumulated employee contributions standing to the offender’s credit with that retirement system, that provider under the alternative retirement plan, or that deferred compensation program, or, if more than one is specified in the motion, the applicable combination of these, and from any payment of any other amounts to be paid to the offender upon the offender’s withdrawal of the offender’s contributions pursuant to Chapter 145., 148., 742., 3307., 3309., or 5505. of the Revised Code, and to continue the withholding for that purpose, in accordance with the order, out of each payment to be made on or after the date of issuance of the order, until further order of the court.

Upon receipt of an order issued under this division, the public employees retirement system, the Ohio police and fire pension fund, the state teachers retirement system, the school employees retirement system, the state highway patrol retirement system, a municipal corporation retirement system, the provider under the alternative retirement plan, and the deferred compensation program offered by the Ohio public employees deferred compensation board, a municipal corporation, or a government unit, as defined in section 148.06 of the Revised Code, whichever are applicable, shall withhold the amount required as restitution, in accordance with the order, from any such payments and immediately shall forward the amount withheld to the clerk of the court in which the order was issued for payment to the entity to which restitution is to be made.

(iii) Service of a notice required by division (C)(2)(b)(i) or (ii) of this section shall be effected in the same manner as provided in the Rules of Civil Procedure for the service of process.

(D) Upon the filing of charges against a person under this section, the prosecutor, as defined in section 2935.01 of the Revised Code, who is assigned the case shall send written notice that charges have been filed against that person to the public employees retirement system, the Ohio police and fire pension fund, the state teachers retirement system, the school employees retirement system, the state highway patrol retirement system, the provider under an alternative retirement plan, any municipal corporation retirement system in this state, and the deferred compensation program offered by the Ohio public employees deferred compensation board, a municipal corporation, or a government unit, as defined in section 148.06 of the Revised Code. The written notice shall specifically identify the person charged.

Effective Date: 04-01-2001

 




Comments

(1a) Dave Garvey was accused of finding enough evidence to merit a felony charge against Mary Hapney of Belpre. At the time, Hapney had over $400.00 in her possession, which appeared to be drug money, based upon a 'list' of names that were found in her possession. Garvey reportedly told Ms. Hapney that if she donated the money to the Belpre K-9 fund, that he would see to it that the charges against her were misdemeanors instead of felonies, and that the matter would be handled in the Belpre Mayor's Court instead of in the courts of Marietta where felony charges are supposed to be handled.

The name list disappeared [somehow] and was not available at Garvey's trial, but another police officer testified that he saw the list; saw the drugs and paraphernalia; and knew that the charge against the woman should have been a felony. However, the only charge brought against the woman was a misdemeanor. Mary Hapney testified that she needed the money and that Garvey confiscated the money from her, and did tell her that she would only be charged with a misdemeanor -- and she was. Judge Lane found there was no problem with this behavior, even though it "deprived an elected official {the court system in Marietta} from performing a duty that should have been theirs instead of the Belpre Mayor's.

This action also misled the Belpre Mayor, thus influencing yet another elected official.

Judge Lane had no problems with any of it, and dismissed the charge, saying that the state had failed to prove any bribery was involved. I disagree. At least on the bribery charge, it appears to me that Dave Garvey plainly violated Ohio Revised Code #2921.02, section B. No one will ever know how the jury may have decided on the charge, due to the fact that they were dismissed by Judge Lane.

(2b) In June of 2007, Belpre Police Sgt. Joe Fields came across Dr. Kirkpatrick several blocks from his home.

According to Fields' testimony, Kirkpatrick appeared to be drunk -- however, the officer detected no odor of alcohol.

Kirkpatrick had apparently parked his vehicle in an odd way - partially on the street and partially off of it -- and Fields tried to determine what the reason was. He testified that all Kirkpatrick wanted to talk about was how he'd bought the vehicle and planned on restoring it.

When Fields called for back-up Garvey arrived [as usual] to assist him. Fields discovered an amber colored bottle [such as one gets at the drug store] completely full of small, white, oval shaped pills with WATSON ,written on them. There was no label on the bottle; no doctor's name; no patient's name, etc. and the bottle contained far more pills than one would receive in one prescription at a pharmacy.

Fields testified that there was a number on the pills, but he could not recall what it was. However, immediately after the incident, Fields and Garvey got on the computer at the office and researched the pills and discovered they were Oxycontin. By trial time, no one could remember the number on the pills and therefore could not 'prove' what they were. Without the pills, I don't think it would have mattered even if they had remembered the number. Since the man was not arrested, then it was a dead issue.

Fields testified that he had arrested Kirkpatrick before, however, he was not permitted to tell the jury [and me] what the charges had been! Fields stated that when Garvey arrived he asked if there were any charges against Kirkpatrick - to which Fields replied that there were not. At that time, Garvey took the bottle of pills away from Fields and returned them to Kirkpatrick, and instructed Fields to take Kirkpatrick home. He then made arrangements with {James Hoselton} to drive Kirkpatrick's vehicle home for him. * All of this took place on property owned by James Hoselton, who is now facing his own charges of trying to hire someone to burn the home of his sister and her husband Dr. William Atkinson.

Since Garvey gave the [evidence] pills back to Kirkpatrick, and then provided him a ride home and even had his vehicle driven home for him, this prevented further action from being taken against a man who has been in and out of trouble for several years, and one which Garvey had been told repeatedly by various people was involved in drug trafficking as well as drug use himself.

As far back as 1991 Kirkpatrick was involved in a deadly situation that ultimately got his two brothers killed and got himself wounded. {See Kirkpatrick Background link for additional information}.

It appears to me that Dave Garvey is guilty of violating Ohio Revised Code 2921.32, section (A2) Obstructing Justice.

* A few years ago a huge crop of marijuana was found growning on James Hoselton's property. It was NOT found by Dave Garvey or the Belpre Police Department even though Hoselton lived only 2 blocks from the police department. It was found by Washington County Drug Agents. At the time, Hoselton claimed that the property it was growing on was leased by former drug store owner Ed Nelson. The crop was confiscated {I suppose} and NOTHING more was ever said about the crop, and NOTHING was ever done with anyone involved in the situation. Dave Garvey was stuck right in the middle of that mess too - just like everything else that's gone on in this area since he hit town.

(3c) Officer Williams testified that he obtained a written confession from Mary Hapney that she was in fact 'dealing drugs' (trafficking). He said at the time he left the Hapney residence Garvey and Hapney were sitting at the table with the written confession. Within a day or so of the event, Williams testified that he was approached by fellow officer Smeeks who informed him that 'they' had worked out a deal with Hapney concerning the $475.00 that appeared to be 'drug money' at the time of the incident. Williams testified that he did not understand what Smeeks was talking about because he'd had no part in any kind of 'deal,' and didn't even know anything about it! At that point, Williams testified that Smeeks threw his hands in the air and said something to the effect of -- "Forget I mentioned it to you. I should have known better. Just forget it."

1a above demonstrates my view on how I believe Garvey violated the law on bribery, and now it appears [to me, at least] that he also violated Ohio Revised Code # 2921.32 Obstructing Justice, section number (A6) by preventing Officer Williams (or anyone else, for that matter) in the prosecution of Ms. Hapney. Also, the 'written confession' disappeared so it could not be shown in the court room!

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See what 'the system in Marietta' did with James Hoselton and the felony charges he faced!

Hoselton


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