As
expected, a former Athens County sheriff's deputy who has previously pleaded
guilty to a number of low-level felonies will serve no prison or jail time for
his crimes. Jerry Hallowell was, however, sentenced on Wednesday to pay $2,000
worth of fines, undergo limited house arrest for 120 days while wearing an
electronic ankle monitor, and serve 80 hours of community service.
Last
November, Hallowell
pleaded guilty in Athens County Common Pleas Court to one charge of
soliciting or receiving improper compensation (which was apparently taking
sexual favors from a female drug defendant, and which is a first-degree
misdemeanor); plus three fifth-degree felony charges of misusing an official
statewide electronic database that is available to police officers and other
government officials.
Hallowell
admitted that he illegally used the Ohio Law Enforcement Gateway to run
background checks on women he was interested in romantically.
Originally,
Hallowell – who resigned from the sheriff's office after an Athens County grand
jury indicted him last April, and is now banned from public employment for
seven years – was charged with offenses including sexual battery and attempted
sexual battery. He was alleged to have taken advantage of his position as a
police officer to coerce sex from two female drug defendants, at least one of
whom was reportedly serving as an informant for a drug task force on which
Hallowell served.
All
the specifically sex-related counts were dropped as part of a plea bargain,
however, and on Wednesday, Hallowell's defense attorney, Rolf Baumgartel,
repeated his past claims that the sex charges were "absolutely baseless."
Baumgartel called that part of the case against Hallowell a blatant case of
"character assassination" on the part of the women who accused him.
While
Hallowell "would have enjoyed his day in court," Baumgartel said, his client
decided to take the "safe" route and accept the plea bargain.
Because
of his felony convictions, Hallowell has had to give up his state certification
as a police officer, and as mentioned, can't hold any other government job for
seven years. "He doesn't like it, obviously," Baumgartel said of this aspect of
the plea agreement.
Also
as part of the plea bargain, special prosecutor Matthew J. Donahue of the Ohio
Attorney General's office did not recommend any sentence, leaving that up to
the discretion of appointed Judge Linton Lewis. Baumgartel asked that Hallowell
get no incarceration, but that if he did, it should be in the regional jail,
not a state prison.
At
Wednesday's sentencing, Baumgartel stressed Hallowell's "20-year law
enforcement career," which he said has included a great deal of overtime work.
"He's certainly shown commitment to the community," the attorney told Judge
Lewis, while also acknowledging that "obviously Mr. Hallowell made some
unfortunate choices."
Offered
the chance to speak for himself before sentence was passed, Hallowell declined.
If
Hallowell violates his probation terms, he could be required to serve up to 33
months in prison on the felony charges.
Lewis
allowed him privileges to go to work during his four months of electronically
monitored house arrest.
Does this surprise anyone. He should have received the max, but no; just a slap on the wrist
Doesn't surprise me in the least. its pretty typical, cops being protected from recieving the same punishment as the rest of the public when they should be given harsher sentences for abusing their power and not upholding the laws they are supposed to enforce.