TuesdayOctober 21, 2014,

Former Sheriff Denied Case Dismissal PDF Print E-mail
Written by Nancy Bowman   
Wednesday, 17 April 2013 00:00

A Miami County judge Monday denied a former sheriff’s deputy’s motion to dismiss an indictment returned against him six years after the alleged offense.
Tony Walters, 40, of U.S. Route 40, New Carlisle, was indicted by a Grand Jury on one felony count of theft in January.
He is accused of stealing a digital camera from the sheriff’s office and reams of paper and trash bags from the county park district between January and September 2007 while he was working as a sheriff’s department parks deputy.
Sheriff Charles Cox fired Walters last summer following an internal investigation. The firing is under appeal.
Walters’ lawyer, Jeff Slyman, filed a motion March 4 asking Common Pleas Judge Robert Lindeman to dismiss the case, claiming the delay in indicting violated Walters’ due process rights.
County prosecutors said the claim had no validity. They argued in a written answer that because Walters was a public servant, the statute of limitations on filing of criminal charges does not expire until two years after the employee has left the public employ.
Lindeman had scheduled a hearing for oral arguments on the issue for Monday morning. Slyman and Walters did not appear at the hearing attended by Terry Lewis, an assistant county prosecutor.
Lindeman said that he would make a decision based on the arguments outlined in the written filings.
His decision to overrule the motion to dismiss was filed Monday afternoon.
Lindeman wrote that the statute of limitations had not expired because Walters was a public employee until 2012.
“The court further finds that the sheriff’s department did not know what became of the camera in question until given information by the defendant’s former wife in 2012,” Lindeman said.

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