Craig Shoup

Reporter

FREMONT - A Drug Enforcement Administration analyst said it "seems a little fishy" that Sandusky County Sheriff Kyle Overmyer allegedly collected prescription drugs from local police departments on the federal agency's behalf.

The drugs in question, old and unused prescription pills, had been turned over to county police agencies for disposal.

The Police Chiefs Association of Sandusky County in August asked the sheriff's office to investigate Overmyer on suspicion that the drugs the sheriff removed from the program were missing. At the request of the Sandusky County Prosecutor Tom Stierwalt, the investigation was turned over the Ohio Attorney General's Office.

"The DEA would not randomly allow a law enforcement official to collect drugs on the agency's behalf. That seems a little fishy," said Detroit DEA Data Analyst Ashley Johnson.

The Detroit DEA office coordinates drug take-back programs in Michigan, Ohio and Kentucky, Johnson said. Although the Toledo agency works independently, Johnson said it was highly unlikely that a DEA agency would allow anyone except one of its agents to pick up prescription drugs collected by law enforcement agencies. The Toledo DEA referred all questions to the Detroit office.

"We usually pick them up during designated drug take-back days twice a year, once in the spring and again in the fall," Johnson said.

Gibsonburg police Chief Paul Whitaker, president of the county chiefs association, said there are no DEA guidelines pertaining to drug take-back programs and that the pills collected by police departments are not monitored.

Rich Isaacson, the media and drug prevention coordinator for Detroit DEA, said agents incinerated 420 pounds of various prescription drugs collected from Sandusky County's drug take-back day in September. Isaacson said the drugs are weighed on site and taken back to Toledo to be incinerated, though the drugs are not weighed before being incinerated when they arrive at the incinerator.

"It is conducted in a professional manner," Isaacson said.

The Sandusky County Sheriff's Office did not have a policy in place before the drugs were alleged to have been stolen, but on Aug. 20 the department enacted a protocol for collecting the drugs.

"The sheriff will appoint someone from within the sheriff's office as the designee being responsible for removal of those medications. The designee will be responsible for retaining the only key to the drug take-back box," the policy said.

The policy also states that all removal of medication will be witnessed, and the drugs will be placed in a sealed container with evidence tape and placed into evidence storage until permanent disposal.

Any other law enforcement agencies in the county hoping to drop off their drug take-back boxes must coordinate with the appointed designee.

The investigation of Overmyer began in August and continued into December with investigators looking into claims that the sheriff is responsible for the missing drugs along with "more serious" allegations, according to a news release from the chiefs association.

On Jan. 8, Overmyer released a statement saying any insinuation that he or his staff disposed of prescription drugs improperly is "baseless" and motivated by political reasons.

Overmyer is being challenged in the March primary election by Clyde police Chief Bruce Gower.

On Aug. 19, at a monthly meeting of the Sandusky County police chiefs, department heads from Fremont, Woodville, Green Springs and Bellevue police said Overmyer had collected drugs from their drug take-back bins, saying he had permission from the DEA.

The chiefs association said it was "very suspicious" that Overmyer was collecting drugs for the DEA and asked for an investigation when the drugs were believed to be missing.

Dan Tierney, a spokesman for the Ohio Attorney General's Office, said the investigation that began in August is still ongoing.

The chiefs association had complained that the inquiry was proceeding too slowly, and two new agents from the Ohio Bureau of Criminal Investigation and Identification were appointed to the investigation.

Whitaker said the chiefs association met in November with Stierwalt, BCI Assistant Superintendent Karen Huey and Northern Ohio Supervisory Agent Jimmy Ciotti of the attorney general's office about "missed opportunities" and "misjudgment" in the investigation.

Once the investigation by BCI is complete, Tierney said, the report will be sent to Stierwalt for review.

"He will have four options," Tierney said. "He can send it back to us to investigate further. He can not file charges. He can file charges against the sheriff, or send the case to a special prosecutor."

Stierwalt, the county's prosecutor, would represent Overmyer in legal matters, but despite the potential conflict of interest, Tierney said the attorney general's office is unable to force Stierwalt to seek a special prosecutor if charges are warranted.

"In general it's up to the (prosecutor's office) to determine conflict of interest," said Tierney.

Stierwalt has declined to comment on the investigation, saying that it is still ongoing.

cshoup@gannett.com

419-334-1035

Twitter: CraigShoupNH