Policeman reinstated in Warren

By Tim Yovich

City officials don’t agree with the fired police officer’s reinstatement.

WARREN — Fired city policeman Richard Kovach, who has been characterized by one city official as dishonest, was at his doctor’s office Monday when he received word he was reinstated with back pay.

“He was thoroughly cheered up by the decision,” said Atty. Randall Weltman, a lawyer with the Ohio Patrolmen’s Benevolent Association. Kovach was reinstated by an arbitrator.

“It’s the best decision he has had in months,” Weltman added. “They [the city] need to arrange for him to come back to work.” The city received the ruling Monday.

Safety-Service Director William “Doug” Franklin fired Kovach, a 13-year patrol officer, Dec. 6 because of Kovach’s alleged actions during his stop of what he believed was a murder suspect.

At the time of his firing, Franklin said he could not “trust Kovach to faithfully, honestly and impartially discharge and perform the duties incumbent upon him as a police officer.”

In a prepared statement, Franklin said he and Mayor Michael J. O’Brien don’t agree with the arbitrator’s ruling but will abide by it.

“We stand by our decision, and believe we acted in the best interest of the citizens of Warren, and will continue to diligently represent the interests of the citizens of Warren, and when we feel injustices have occurred, we will act accordingly,” Franklin said.

The arbitrator’s ruling is final and binding with no appeal process available to the city, the mayor added.

When Kovach returns to the force, Franklin explained, he will receive in-service training that he missed while being off duty.

He also will receive about a month and a half in back pay.

The amount hasn’t been figured out.

O’Brien added the FBI is continuing its probe of Kovach to determine if there were any civil rights violations by Kovach during the search.

Police Chief John Mandopoulos had recommend to Franklin that he suspend Kovach for 10 days, but Franklin increased the discipline by firing him.

Kovach was the same officer who brought national attention to the police department when he used a Taser on Heidi Gill of Howland during a Sept. 2 arrest at Up A Creek Tavern on East Market Street.

The police video of the arrest was replayed on national news outlets.

Kovach received a 60-day suspension for the Gill arrest. He has accepted the suspension, Weltman said.

The termination was the result of an Aug. 24 stop of city resident Timothy A. Brown II, son of city Patrol Officer Tim Brown.

Police were actually looking for Timothy Brown’s half brother, Stephen Brown, suspected of being involved in a homicide.

The city maintained that a notice was posted at police headquarters for patrol officers to be aware that Stephen Brown is being sought for questioning.

Kovach claimed he never saw the bulletin, according to mediator Harry Graham.

When Timothy Brown was stopped in front of police headquarters on South Street, the police video camera was not functioning properly.

There was no audio portion. A woman, Michelle Dilley, was also in Brown’s car.

After stopping the car, according to the findings, Kovach radioed that he had the suspect.

He mentioned Timothy Brown’s name in error, he testified during a hearing.

The city has maintained Kovach illegally searched the car.

During the hearing, Graham wrote, Timothy Brown acknowledged asking Kovach to get a can of soda from Brown’s car despite denials that he has refused a request from Kovach to enter the car.

Also, Graham wrote the video showed the passenger door was open. Brown claimed it was closed.

Graham noted Kovach entered the car at Timothy Brown’s request — to find the keys to the car and a soda bottle.

Also questioned by Weltman is the authority for the safety-service director to increase the discipline recommended by the police chief.

The OPBA pointed to the contract between the union and the city. It reads that if the chief decides to impose discipline, the officer “shall have the right to appeal said decision at the second step of the grievance procedure.”

Graham agreed with Weltman the contract does not provide for the safety-service director to increase the discipline recommended by the chief.

Mandopoulos said Stephen Brown has not been charged with any wrongdoing.

In December, Timothy Brown filed a lawsuit in U.S. District Court in Youngstown against Kovach, the city, Mandopoulos and unidentified officers as defendants.

Atty. Gilbert Rucker of Warren, who filed the suit on Brown’s behalf, said Monday he doesn’t believe the reinstatement will have any effect on the lawsuit that will continue.

Gill, the Howland woman who was Tasered by Kovach, said she is horrified at the reinstatement.

“He’s going to hurt somebody because he has a gun and a Taser. He thinks he can get away with anything,” Gill said Monday.

“I’m terrified and horrified for the city of Warren. I’m freaked out.”

yovich@vindy.com