Thu Sep 09 2010
By TODD HELBERG
A Defiance County Sheriff's deputy was fired this week for "conduct unbecoming of an officer."
Deputy Gary Smiddy was dismissed Tuesday following a disciplinary hearing Monday.
Sheriff David Westrick declined to comment on the dismissal.
But he said the hearing was handled by an official from the Corrections Center of Northwest Ohio. Lt. Chris Clawson said the official "recommended that our disciplinary recommendations were justified for the allegations."
Although officials declined to speak specifically about the allegations, Clawson said it concerned conduct which occurred while Smiddy was on duty.
"Conduct unbecoming of an officer" is a category which generally concerns unethical conduct. Under "unbecoming conduct," the sheriff's policy manual states that deputies shall "conduct themselves at all times, both on and off duty, in such a manner as to reflect most favorably on the Defiance County Sheriff's Office. Members shall keep their private life unsullied as an example to all. Unbecoming conduct shall include that which brings the Defiance County Sheriff's Office into disrepute or reflects upon the individual as a member ... ."
The decision to dismiss Smiddy came several days after a domestic filing in Defiance County Common Pleas Court. His wife, Kristen, filed a civil protection order last week in common pleas court.
Westrick said the filing of the protection order "was also considered" in making a decision about Smiddy's dismissal, but it was not the main reason for his dismissal. Officials also said he had been the subject of at least two disciplinary measures since 2003.
After the protection order was served, Defiance Police conducted an investigation concerning a domestic violence allegation made by Smiddy's wife.
Officers questioned her a day after the protection order was filed. However, after consultations with assistant law director David Land, no domestic violence charges were filed.
According to police, the allegation made by Kristen Smiddy occurred in February.
City police were involved because Smiddy's home is in Defiance.
Contacted Thursday, Smiddy -- who was a deputy for approximately nine years (1996-2000 and 2002-2007) -- declined comment.
His departure leaves the sheriff's office with a vacancy. Westrick said the position would likely be filled within "several" weeks.
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