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Former officer draws prison term for theft
The former deputy said the problem was his sloppy record keeping.
LISBON — A veteran law enforcement officer who taught the martial arts to help troubled youths has been sentenced to one year in prison for theft in office.
Thomas E. Smith, 50, of Lisbon, who retired in 2006 after 30 years in law enforcement, will serve his sentence in the Lorain Correctional Facility.
Judge David Tobin of Columbiana County Common Pleas Court imposed the sentence Wednesday.
The judge also ordered Smith to pay a $5,000 fine.
Smith pleaded guilty to 14 counts of theft in office earlier this year after authorities discovered a small amount of cocaine missing in sheriff’s office records Smith had in a storage unit. A handgun with a sheriff’s evidence tag also was found in the unit. The gun had been ordered to be destroyed.
Smith told the judge that there was never any criminal intent on his part and the problems stemmed from his sloppy record keeping.
Lisbon Police Chief John Higgins testified for Smith at the hearing, saying he helped break in Smith during his early days in law enforcement.
“Tom is a right guy,” Higgins told the judge.
When the case came to light earlier this year, Higgins said he did not believe it.
But Higgins added, “Tom was never any good keeping up with records.”
Daniel L. MacLean, a retired deputy sheriff who now is the head of security for the county’s municipal court, described Smith as a friend and colleague.
MacLean testified that Smith “was always a good cop.”
He added, “He was honest. I never had any reason to doubt him.”
Smith was charged with taking cocaine that had been seized as evidence around 1988, along with the .22-caliber pistol.
Smith’s lawyer, Dominic Frank, said Smith could have faced up to 21 years in prison on all the charges. Each charge could have resulted in 18 months in prison.
The case came to light earlier this year when the owner of a private storage facility near Salem called Smith to tell him his payment was due. Smith never responded, according to authorities.
When the operator eventually opened the storage area in February, he discovered the sheriff’s files and called authorities. The Ohio Bureau of Criminal Identification and Investigation was called in to search the locker.
John Gamble, an assistant county prosecutor, said about 88 sheriff’s office files were found in manila folders. Inside the folders were investigation documents and evidence envelopes.
The envelopes contained various types of illegal drugs, including marijuana and cocaine. Each type of drug that was purchased was kept in a separate bag.
Other drugs that were evidence were not disturbed, but the cocaine was missing from bags, leaving only a white residue.
After his plea, Smith maintained that the cocaine was destroyed during testing.
Gamble on Wednesday pointed out that Smith had been questioned about the missing weapon but said he did not know where it was.
Frank told the judge that Smith has lost his home to foreclosure. Smith has been working at a plant in Youngstown.
wilkinson@vindy.com