Craig Shoup

Reporter

FREMONT - Former Sandusky County Sheriff Kyle Overmyer, who is serving a four-year prison term for drug and theft in office charges, filed an appeal and then dropped it, according to court documents and officials.

Overmyer pleaded guilty on Nov. 22 in Sandusky County Common Pleas Court to 14 charges, including 13 felonies, and is serving his time at Allen Correctional Facility in Lima.

On Jan. 17, the former sheriff filed a one-sentence appeal to the Ohio 6th District Court of Appeals, with no specifics on what he was appealing.

The appeal read, "Kyle Overmyer hereby appeals to the Ohio Sixth District Court of Appeals from a decision of the Sandusky County Common Pleas Court journalized on December 14, 2016. A copy of this decision is attached."

The appeal, filed in the Sandusky County Clerk of Courts office, was dropped by Overmyer on Monday, according to special prosecutor Carol Hamilton O'Brien of Delaware County, who was appointed to the Overmyer case in February 2016.

She said she received a handwritten letter notifying her that his appeal would be dropped.

"It is not uncommon or unusual," O'Brien said about a convict filing an appeal to the their case. She said the appeal was dismissed at 10:07 a.m. Monday.

Although Overmyer admitted his guilt during a Nov. 22 hearing — where he pleaded guilty to theft in office, theft of prescription pills and deceiving physicians to obtain dangerous drugs — the former sheriff still has the right to file an appeal, in the event errors were discovered against the prosecution or court, O'Brien said.

Andy Mayle, of Fremont, Overmyer's defense attorney in the original case, also said Overmyer has the right to an appeal.

"If you don't file you will lose your right to appeal if something were to come up," Mayle said. "Someone must have talked to Kyle and told him to file the appeal."

Overmyer could still appeal his case by filing a motion asking for "a leave to appeal," O'Brien said, adding that it is "extremely rare" for the court to allow it.

Overmyer was sentenced on Dec. 14 to four years in prison by visiting judge Patricia Cosgrove of Summit County, less than a month after he pleaded guilty.

Timeline of Overmyer's career

The former Sandusky County Sheriff first came under fire in December 2015 when it was revealed by county police chiefs that he was under investigation by the state for collecting drug take-back boxes from area police departments that contained prescription medication.

The investigation continued through the spring as Overmyer sought re-election in the Republican primary against Clyde Police Chief Bruce Gower — one of the chiefs who revealed details about the Overmyer investigation to the media.

Overmyer defeated Gower in a landslide victory in the primary despite being under investigation.

On August 23, Overmyer was indicted by a Sandusky County grand jury on 43 criminal charges. The sheriff, who suspended by a three-judge panel in September, maintained his innocence as he ran for re-election in November against independent challengers Chris Hilton and James Consolo. Hilton won the election and took office Jan. 1.

Overmyer, who was released on bond after his indictment, was sent back to jail on Nov. 3 after Cosgrove revoked his bond.

The visiting judge ruled that Overmyer had violated his bond conditions in numerous times, including making numerous phone calls to Mike Meggitt, his brother in law and a Sandusky County Sheriff's captain, despite being barred from having contact with the sheriff's office, and for buying a crossbow while his bond forbid him from possessing dangerous weapons.

Overmyer is now housed in a protective custody unit at the Allen Correctional Facility in Lima, according to assistant prison warden Jodi Factor.

"This unit functions as a general population unit, however, they do things as a unit — separate from (general) population," Factor said. "The unit goes to chow by itself and returns to the unit. Other units are not there at the same time."

Ohio Department of Corrections records show Overmyer is eligible for early release in January 2020, when he will have served 80 percent of his sentence.

cshoup@gannett.com

419-334-1035

Twitter: @CraigShoupNH