Judge’s rulings affect 2 criminal cases

One police officer no longer works for the department.

By D.A. WILKINSON

VINDICATOR SALEM BUREAU

LISBON — A judge has overturned a guilty plea in an assault case involving a policeman and suppressed a defendant’s statement in a child sex abuse case because of improper action by law enforcement officials.

Columbiana County judges have issued four such rulings against four separate police agencies since last November.

The latest rulings came earlier this week by Judge David Tobin of common pleas court.

He overturned the guilty pleas of David Shaw, 42, of Lisbon, who was charged with assault and driving under the influence on Nov. 26, 2005. Both charges are felonies.

Shaw allegedly fought with Lisbon Patrolman Michael Wherry after Wherry stopped Shaw’s vehicle.

Shaw pleaded no contest and was found guilty. In late 2006, he was sentenced to serve a total of two years in prison but was free pending appeal.

Charles Bowers of Lisbon, a civilian who was riding with Wherry, gave a much different version of what happened that night to Shaw’s lawyer.

Bowers stated that he came forward after he ran into Shaw and asked him what had happened to his case.

Bowers stated he and Wherry did not see Shaw driving at all, much less driving erratically.

Judge Tobin wrote that Bowers’ testimony, “calls into question the credibility of the officer and this court’s determination that there was probable case for the initial stop and arrest of the defendant.”

The judge noted that Wherry never mentioned his passenger in court or in police reports.

The judge said Wherry should have told the prosecutor about Bowers, who was a potential witness for the defense.

Lisbon Police Chief John Higgins said Wherry has left the department and no longer lives in the area.

Higgins said he was unaware of the ruling.

Judge Tobin also ruled in favor of Vernon L. Ballard, whose last known address was an apartment in New Waterford.

Ballard, 33, was indicted last June on a charge of gross sexual imposition and a charge of failure of a sexually oriented offender to register his address with authorities. Both charges are felonies.

He was accused of having sexual contact with a girl, then age 7, in May 2007.

Judge Tobin wrote that the statement Ballard gave was in violation of his constitutional right against self-incrimination. The judge wrote he would prepare an opinion later.

New Waterford Police Chief Dan Haueter said he was unaware of the ruling. He said he would talk to the officer who handled the case.

Haueter has conducted a number of child sex abuse investigations and Internet sex stings.

Haueter said of such cases, “If you don’t follow the letter of the law, and dot every ‘i’ and cross every ‘t,’ it’s [the statement] going to be suppressed.”

County Prosecutor Robert Herron could not be reached.

Last year, Herron dismissed criminal cases against three people because of problems in the execution of separate search warrants.

Judge C. Ashley Pike of common pleas court last year ruled that East Palestine police pressured a witness to gain access to a structure.

Judge Pike said the county’s drug task force authorities also overstepped their bounds by searching a building that was not included in the owners’ consent to search. The search was approved only for a county deputy sheriff.

wilkinson@vindy.com