Friday, April 20, 2001
The officers are accused of robbing a man at an area nightclub.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- This time, patrolmen Mark L. Rakocy and Christopher Lombard's troubles are up to a jury to hear, not an arbitrator.
A Mahoning County grand jury secretly indicted Rakocy, 33, and Lombard, 32, Thursday afternoon on charges of robbery. Officials allege the crime took place at the Pulse bar, formerly known as Smokey Joe's Tavern, on Market Street, on March 31.
The city cops were picked up when they reported for work Thursday afternoon and were arraigned before Judge James C. Evans of common pleas court. Both pleaded innocent and were released on their own recognizance.
Their trial is set for June 27.
What happened: Chief Richard Lewis said the officers took $480 from a Struthers man in the men's restroom at the bar. They pushed the man against a wall, put him in a headlock and took the money out of his pants pocket, the chief said.
The man, in his early 20s, reported to police who were on duty at that time, Lewis said. He declined to provide more details before the case comes to trial.
"The charges are preposterous," said Atty. Dennis DiMartino, who represents Rakocy, an 11-year department veteran. "I look forward to a trial where a jury will vindicate my client."
Cannot work: He said the men have not been terminated but cannot work because Ohio law does not allow people under criminal indictment to possess firearms. He said they can use vacation and accumulated time while off work. Lewis said his department doesn't give paid administrative leave.
Lombard had not yet retained a lawyer but was represented at arraignment by Atty. Louis DeFabio. He has been with the department for six years.
The police department said Rakocy and Lombard were off duty at the time and there is no evidence that they identified themselves as police officers or that they were acting in the scope of their official duties.
"There were no guns, no badges," said county Prosecutor Paul Gains. He declined to comment further because the case is pending.
DiMartino said the indictment followed an investigation by the YPD internal affairs unit.
The department said that Lewis, Gains, Law Director Robert Bush and city Prosecutor Dionne Almasy met after the investigation and decided to present the case directly to the grand jury rather than filing charges in municipal court.
Robbery is a third-degree felony punishable by one to five years in prison and a fine of up to $10,000.
Earlier case: In November, an arbitrator dashed Rakocy's effort to win back more than $9,500 he lost during a 90-day suspension.
The evidence clearly showed that he was a willing participant in a plan hatched by then-Detective Sgt. James Conroy to stop and issue citations to a motorist, the arbitrator said in his decision.
The union had argued that Rakocy was an innocent participant and his testimony showed that he took what Conroy said as an order. Conroy, who was fired, has since been placed on the sheriff's department reserve roster, which keeps his police commission intact.
The arbitrator declined to reduce Rakocy's suspension handed out in March 2000, saying the preponderance of the evidence supported the city.
Other officer's troubles: Lombard has had his share of troubles, too, Vindicator files show.
He received a 30-day suspension in 1996 for violating the police department's pursuit shooting policy in a stolen-car chase.
In May 1997, he was fired for not living in the city. He challenged the termination and a federal arbiter ruled in his favor in February 1998.
Lombard's visit to a tattoo shop last August while on duty cost him a lot more than the $30 artwork on his arm.
He and his partner, James Welch III, were suspended for 10 calendar days, roughly seven working days.
After an investigation by the internal affairs division, both agreed to waive predisciplinary hearings and take their punishment. Welch was disciplined because he watched while Lombard received a nickname tattoo "Lombee."
The officers got permission from Detective Sgt. Cindy Dellick to take a lunch break and decided to go to a restaurant on the South Side.
Noticed by captain: Reports show that a supervisor, Capt. Kenneth Centorame, spotted their cruiser in front of Hooligan Ink Tattoo at 2712 Market St. Centorame later noticed that an ambulance parked near the cruiser and two women went into the tattoo shop.
Centorame went to the front door and saw Lombard in a chair, with Welch and the two women ambulance attendants near him.
Lombard was seen with his uniform shirt off, wearing a T-shirt with his bulletproof vest over it. A man was finishing the tattoo on Lombard's left arm.
Centorame ordered both officers to file a report of the event, describing the time they arrived and left the tattoo shop and why they were there.