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Updated: 6:50 p.m. Tuesday, Feb. 12, 2013 | Posted: 8:27 a.m. Tuesday, Feb. 12, 2013
By Mark Gokavi
Staff Writer
The job status of suspended Miami Twp. Deputy Police Chief John DiPietro may be determined when his disciplinary hearing in front of township trustees resumes Wednesday morning.
Maj. DiPietro has been on paid administrative leave — receiving more than $24,000 in salary — since he was suspended Oct. 18 by police Chief Chris Krug. That’s when Krug received a 57-page internal affairs report citing inappropriate actions concerning DiPietro’s July 12 decontamination of a naked 17-year-old girl who had been pepper-sprayed.
Those documents allege that DiPietro committed six acts of improper conduct including taking a photo of one of the girl’s tattoos and sending it to a friend, allowing the girl to undress during the decontamination and failing to submit proper reports until ordered to by Krug.
DiPietro’s disciplinary hearing has taken place during parts of three days in the past three months. Perry Twp. police Chief Bob Bowman is expected to testify Wednesday on DiPietro’s behalf. After that, officials said there would be closing comments from attorneys on both sides before the matter goes to Trustees Mike Nolan, Deborah Preston and Charles Lewis. Trustees have not announced whether they will make a decision immediately after the hearing or not. The possibilities could include DiPietro’s suspension, reduction of rank, firing, other discipline, resignation or reinstatement.
DiPietro has been the subject of other internal investigations and disciplinary action on his way to being named second-in-command with a salary above $84,000. He survived a misdemeanor breaking-and-entering conviction and multiple acts of “inappropriate conduct” years earlier, but also was admonished more recently for throwing his Taser at a theft suspect. DiPietro was cautioned by Krug about the dangers of giving up his weapon.
The Dayton Daily News also learned that the investigation into DiPietro began when Miami Twp. police Det. Michael Siney and Officer Pat McCoy reported the decontamination incident fewer than two hours after hearing about it.
“It was the right thing to do,” Siney said. “I would hope that regardless of who it would have involved, the same course would have been taken.
“We did so because, obviously, we’re all about integrity and transparency here. It’s not so much that we judged the incident itself, but we thought it should be looked into.”
DiPietro, who has applied for a medical disability pension, has alleged a “conspiracy” and predicted he would be vindicated.
Police reports obtained by the Dayton Daily News show that DiPietro filed a report 25 days after the late 2011 Taser incident that Krug reviewed. In notes written in December 2011, Krug wrote that while using the Taser was an appropriate use of force, “Major DiPietro was cautioned on the damages of giving up his weapon by throwing the Taser at the suspect.”
Elsewhere in the report, Krug wrote that the Taser “could be in the drive stun mode and used against him by the suspect.”
The reports said after hearing radio communication about the situation while sitting in an unmarked police vehicle, DiPietro started chasing a 21-year-old black male suspect police said was ignoring commands and running from loss prevention and police officers after allegedly taking an item from Macy’s at the Dayton Mall. The suspect, who allegedly pushed a loss prevention officer, ultimately was found guilty of misdemeanor assault, theft, child endangerment and resisting arrest.
DiPietro wrote: “It was clear I was not catching up to him and he was creating a very dangerous situation for me, himself as well as security and loss prevention officers running through the parking lot of the Dayton Mall. Therefore, I decided to deploy my Taser in an effort to stop the foot pursuit. I shot my Taser at him however it appeared the darts did not make contact with him.”
DiPietro continued in the written report: “In an attempt to slow him down to catch him, I threw my Taser at him, however it had no effect. Shortly after that, Sgt. Scott Fitzgerald pulled into the parking lot, almost hitting me and the suspect, which slowed him down.”
In the incident report, DiPietro wrote that one dart from the Taser stuck in the suspect’s hair and that a fellow officer removed the dart and recovered DiPietro’s Taser from the parking lot.
In a separate document, Krug wrote “I discussed with Major DiPietro that he threw an expensive piece of equipment at the suspect that would not have stopped the suspect, but could have caused damage to the TASER.” Krug wrote throwing a Taser was not part of the training process and “that it was not to ever happen again.”
DiPietro, who started with the Miami Twp. Police Department part-time in 1986 and became full-time in 1989, has been deputy chief for 12 years.
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