MOUNT VERNON — The investigation into Knox County Sheriff David Barber’s alleged improper use of a Law Enforcement Trust Fund continues to be open and active, according to Jennifer Brindisi, spokeswoman for the Attorney General’s Office Bureau of Criminal Identifications and Investigations.
“There is no word that it moved forward from the special prosecutor,” Brindisi said.
During his 2004 re-election campaign, Barber wrote two checks totaling $1,041.67 for campaign expenses. He paid back those funds after the 2004 election.
BCII’s Special Investigations Unit has been working on the case since early July 2008. Paul L. Scarsella, section chief for the Special Prosecutions Division of the OAG’s Office, and Bridget Carty were named special prosecutors for the case. The pair will determine if charges are to be filed once the final report is complete.
According to the Ohio Revised Code, Barber could face theft in office charges as it states in R.C. 2921.41(A)(2) “[no] public official or party official shall commit any theft offense ... when the property or service involved is owned by the state, any other state, the United States, a county, a municipal corporation, a township or any political division, department or agency of any of them, is owned by a political party, or is a part of a political campaign fund.”
Section R.C. 2913.04 (A) explains that “[no] person shall knowingly use or operate the property of another without the consent of the owner or person authorized to give consent.”
Theft in office is a fifth-degree felony. However, because the amount in question is between $500 and $5,000, the charge becomes a fourth-degree felony and could carry up to 18 months in prison and a fine of up to $5,000.
Because Barber included the expenditures on his campaign finance report, albeit incorrectly, there were no charges filed in regard to his campaign.
