The special prosecutor in Sandusky County Sheriff Kyle Overmyer’s felony case has asked the court to revoke his bond and send the sheriff to jail.
Carol Hamilton O’Brien of Delaware County filed a motion Monday claiming that Sheriff Overmyer has violated the conditions of his bond on multiple occasions since his August arrest.
"Among the conditions Defendant violated include, failing to abide by the law; purchasing a deadly weapon, continuing contact with witnesses in this case; continuing contact with employees and personnel of the Sheriff's Office; and failing to notify the court of any changes in his address,” the motion reads.
Ms. O’Brien claims Sheriff Overmyer has been contacting and intimidating witnesses through his family members, in particular his sister, Sandusky County Clerk of Courts Tracy Overmyer, and her husband, Michael Meggitt, a captain within the sheriff’s office.
Overmyer turned himself in after he was indicted Aug. 23 on charges including 12 counts of tampering with records, 12 counts of deception to obtain a dangerous drug, three counts of deception to obtain a dangerous drug, six counts of theft in office, four counts of theft, and one count of theft. He also was charged with five counts of filing false financial disclosure reports, a misdemeanor charge.
Investigators have claimed Sheriff Overmyer abused prescription drugs, stole office funds, lied to police departments that he had Drug Enforcement Administration authority to collect drug take-back boxes, and retaliated against witnesses.
EARLIER STORY: New details disclosed in case against Sandusky County Sheriff
Visiting Judge Patricia Cosgrove, who arraigned the sheriff, set bond at $150,000 with the option of paying 10 percent to be released. She also ordered Sheriff Overmyer to turn over any county-owned property, including two guns, and any computers, cell phones or other sheriff’s office equipment. He also may not possess any guns while on bond, but Sheriff Overmyer’s attorney said he doesn’t own any personal weapons.
The judge also barred the sheriff from having any contact with sheriff’s office employees or any potential witnesses in the case.
Captain Meggitt was seen taking pictures of Gibsonburg Police Chief Paul Whitaker’s home, according to the motion. The investigation into Sheriff Overmyer was prompted by complaints from area police chiefs, including Chief Whitaker, that the sheriff took drugs surrendered to the police departments. Thus, the chief will be a witness in his trial.
Captain Meggitt denied taking pictures of the house, claiming he was taking pictures of a memorial at a park two blocks away. Ms. O’Brien also claims that on Sept. 14, sheriff’s office staff went through Sheriff Overmyer’s office and found bottles, pills, empty vials of testosterone, and new and used syringes and needles. He did not have a prescription for the testosterone from the pharmacy on the label, according to the motion.
Steve Stotz, a captain within the sheriff's office, was filling the sheriff’s duties at the time, and thus will be a witness. Text messages from Sheriff Overmyer’s phone to his girlfriend said he was ”getting the scoop” about Captain Stotz, as his sister had been in contact with him. He said in a text message that his sister ”was getting Captain Stotz ’by the balls’.”
"In both instances, it appears that the defendant hoped to intimidate witnesses who might testify against him,” Ms. O’Brien wrote.
Sheriff Overmyer also participated last week in a Sandusky County Republican Party vote to choose his replacement as interim sheriff, which the prosecutor claims also violated his bond terms. A special commission appointed by the Ohio Supreme Court suspended the sheriff, prompting the party to choose a replacement.
"Arguably, participating in the selection process, by itself, violates the bond condition because by being present and voting he was having indirect contact with a sheriff's office employee and a potential witness, by voting in the appointment process,” Ms. O’Brien wrote.
The prosecutor also alleges Sheriff Overmyer contacted attorneys connected with the disciplinary case against Sheriff's Office Detective Sean O'Connell. An affidavit by an investigator from the Ohio Attorney General's Bureau of Criminal Investigations claims that Sheriff Overmyer launched an internal investigation against Detective O'Connell and suspended him for cooperating with the investigation.
Detective O'Connell resigned in September before facing a disciplinary hearing over accusations he shared confidential documents related to the Heather Bogle murder investigation. Ms. Bogle's body was found April 10, 2015, in the trunk of her car in Clyde with two gunshot wounds and widespread blunt-force trauma. Mr. Mayle claimed Detective O'Connell was plotting to become sheriff himself.
The prosecutor also alleges that Sheriff Overmyer wiped the data and software from his Macbook — purchased with sheriff’s office money -- two hours before he turned the computer in to the Fremont Police Department after his arraignment. Ms. O’Brien argues that, if evidence was on the computer, Sheriff Overmyer tampered with evidence, and that if not he conducted criminal mischief for destroying governmental records.
Ms. O’Brien further claims the sheriff bought a crossbow, which is against his terms of release, and has been staying at residences other than the one listed for him without notifying the court. She claims that the sheriff has said that ”if he goes down, then others are going down with me.”
Sheriff Overmyer is challenged in next week's election by independents James Consolo and Christopher Hilton.
Andrew Mayle, an attorney for Sheriff Overmyer, said a written response to the motion was planned for either today or tomorrow. He said that many of the allegations within the motion had been known for weeks or months, and that the motion was strategically timed because of Tuesday's election.
"It's consistent with the vindictiveness of the prosecution to drop this as an October surprise a week before the election," he said.
He said the sheriff is an elected central committee member, and that his participation in the vote was not a violation of the judge's order.
"I think it's pretty obvious what the Delaware County prosecutor is trying to do, which is to try to influence Sandusky County voters," he said. "She's trying to taint the ballot box, the jury pool, and the judge."
Contact Nolan Rosenkrans at: nrosenkrans@theblade.com or 419-724-6086, or on Twitter @NolanRosenkrans.
First Published November 1, 2016, 4:25 p.m.