YOUNGSTOWN Judge: Two constables are guilty

One of the women faces up to 210 days in jail.
By PATRICIA MEADE
VINDICATOR CRIME REPORTER
YOUNGSTOWN -- Municipal Judge Elizabeth A. Kobly says it's clear to her why two city women dressed like cops at South Avenue bars: They wanted to give the impression they were police.
After a bench trial Tuesday, the judge found Ethel M. Smith and Carole J. Dubose guilty of impersonating a peace officer July 13 at Patsy's Bar. The judge also found Dubose guilty of impersonating a peace officer May 24 at Classique Lounge.
The women work for Ohio State Police Constable Service at 1355 Logan Ave., operated by La-Roi Dock. In September 2001, Dock was found guilty of performing security service without a license and placed on one year's probation. He has appealed the decision.
Constables have no powers in the city, something that Dock and his employees continue to argue against. He believes that being incorporated with the state gives him the necessary credentials.
Officer's testimony
Patrolman Doug Pesa testified Tuesday that he saw Smith, 51, and Dubose, 60, outside Patsy's Bar on July 13, dressed in dark constable uniforms complete with patches and badges. He said the women told him they have the same police powers he has.
The officer said the clothing portrayed a police officer image.
Smith's lawyer, Matthew L. DeVicchio, asked Pesa if the uniforms fooled him. The officer said they didn't because he knew from prior experience that the women were not police.
DeVicchio said there was no impersonating because no one was fooled. He referred to his client as "private police."
"They told you they were working security?" Mark A. Carfolo, Dubose's lawyer, asked Pesa. Pesa said they did.
Carfolo said his client performed no police service.
Dubose, when seen by police in May at the Classique Lounge, had a Smith & amp; Wesson 9 mm in a holster, which was confiscated, along with her badge and identification card from Ohio State Police Constable Service.
Capt. Marty Kane, who approached Dubose near the bar parking lot, said he first took her to be a deputy sheriff.
Similar badges
Dana C. Guarnieri, assistant prosecutor, asked Kane if the state seal on Dubose's badge was similar to his.
Kane flipped up the badge on his belt, looked at it, then answered: "Identical."
Detective Sgt. Brad Blackburn testified that neither woman is a commissioned peace officer or security guard.
Judge Kobly said the women wore police apparel, instead of shorts and tennis shoes, for example, so they would resemble police. She said she found, without any difficulty, that the state had proved its case.
Smith, who testified on her own behalf, said she holds the rank of captain and oversees the other constables. She said she was wearing black clothing but had no police markings on it when arrested.
Guarnieri asked if Smith recalled showing a badge when asked for identification. Smith said "yes."
Smith, of Mistletoe Avenue, faces up to 30 days in jail, Guarnieri said. Dubose, of Glenaven Avenue, faces up to 30 days on one charge and up to 180 days on the second, which involved a gun, the prosecutor said.
Sentencing is set for Nov. 18.
In court Tuesday, Pesa, Kane and Detective Sgt. Bill Ross testified that the South Side bars represent trouble spots. The officers, working Weed & amp; Seed details this past summer, checked out complaints of constables working the bars.
Ross said an argument ensued with Dubose when he told her that she doesn't hold a legal commission. Kane said she became combative.
meade@vindy.com