TRUMBULL COUNTY Former deputy cleared in theft

The former deputy proved his ability to work two jobs at once, but now he doesn't have one.
By PEGGY SINKOVICH
VINDICATOR TRUMBULL STAFF
WARREN -- A jury has acquitted a former Trumbull County deputy sheriff of two theft-in-office charges.
The jury deliberated nearly three hours before returning the innocent verdict Thursday in the common pleas courtroom of Judge Andrew Logan.
Dennis Day, 47, of Alva N.W., who worked for the sheriff's department 25 years, could not be reached.
"Denny has been a good, honorable deputy his entire career, and this verdict is what he deserved," said his attorney, Dominic Vitantonio of Mayfield Heights.
Job in question: Vitantonio said he does not know if the acquittal means that Day, who was fired from the sheriff's department in June 2000, will get his job back.
Sheriff Thomas Altiere said he has no plans to rehire Day. "The jury spoke, however, he is terminated from the department and that won't change," Altiere said.
Chris Becker, the assistant prosecutor who tried the case, could not be reached, but he had told jurors in closing statements that he believed Day was guilty of double dipping.
He explained that Day was hired to work at the sheriff's department from 7 a.m. to 3 p.m. Monday through Friday and also was to work for Bristol Local School District from 2 p.m. to 3 p.m. Monday through Friday.
"He was working for Bristol schools while he was on the clock for the sheriff's department," Becker told jurors. "He was hired to work for a full day for a full's day pay. He was not permitted to work another job."
Vitantonio, however, told jurors Day was innocent of theft.
"A theft offense did not occur," Vitantonio said. "In order for him to be convicted of a criminal act, it has to be proven that there was criminal intent. There was not criminal intent."
His performance: Vitantonio noted that witnesses testified during the trial that Day performed all the duties he was to perform while he worked at the sheriff's department.
"Deputy Darby Vaughn testified that Day was his supervisor and he reported to Day," Vitantonio said. "Darby Vaughn said that there was never a time that he couldn't find Day. He said he was always able to reach him."
Vitantonio said that there is nothing in Day's job description that said he had to stay at the sheriff's department the entire day.
The indictments charged Day with theft in office from April 18 through May 29, 1999; and from Sept. 5, 1999, to Feb. 20, 2000.
Previous case: Altiere has noted that this was the second case of Day's doing part-time work on duty.
The prosecutor's office decided in 1998 that no criminal act took place when Day worked private security for a department store.
Day was suspended for 60 days without pay in that case, Altiere said.