CINCINNATI — The City of Cincinnati's police civilian oversight agency is concerned that a citizen complaint against police may have been as leverage to get a better deal for a criminal defendant.
"It's an issue for us if our complaints are being used as bargaining chips because it perverts the process," Citizen Complaint Authority Director Gabe Davis told the WCPO 9 I-Team.
The CCA is a city agency that accepts and investigates civilian complaints about Cincinnati officers.
At its Nov. 14 board meeting, CCA presented 21 completed investigation reports based on civilian complaints.
One of those complaints was filed by Desmond Mills, who faced criminal charges. Mills' complaint accused officers of an illegal stop and planting evidence.
According to the CCA investigation, Mills' defense attorney told CCA staff, "We're trying to figure out a way to withdraw a complaint that he [Mr. Mills] has filed against an officer ... It's kind of time-sensitive ... We're with the officers and the prosecutor and we can't really do a whole lot on this case until it's officially withdrawn."
Mills' defense attorney Alexandria Deardorff confirmed to the I-Team that she called CCA and asked to have Mills' complaint withdrawn.
"These things can really corrupt the process," Davis said. "If the process is not working, then the opportunity to have quality policing and an accountable police force is diminished."
The CCA's investigation of Mills' complaint cleared the officers of wrongdoing.
Cincinnati police union president Dan Hils said officers shouldn't interfere with the citizen complaint process, even when they've done nothing wrong.
"It's probably the only time me and Gabe Davis will agree on anything," Hils said. "Officers naturally, if they didn't do anything wrong, they're going to be glad to hear that their citizen complaint has been withdrawn. I don't think that's the responsibility that lies on the officers on this."
According to the CCA report, city police policy and city administrative code prohibit interfering with a complaint filed against police.
Court records show on June 1 — the same day Mills' attorney called the CCA — Mills was sentenced to Community Control on weapons and drug charges. Two weeks later, three weapons charges against Mills were dismissed.
In July, a grand jury charged Mills in a 2020 robbery, kidnapping and shooting.
In a written statement, Hamilton County Prosecutor Joe Deters said, "Mills' defense attorney approached the assistant prosecutor handling his case and voluntarily offered to withdraw the CCA complaint in exchange for a plea. The Prosecutor's Office has no authority over CCA complaints and couldn't possibly have conditioned the plea on that offer."
Davis said he's "still concerned" about the possibility a citizen's complaint was used as leverage in a criminal case, even though he admits he's not certain that happened in Mills' case.
CCA recommended that CPD "extend greater protection and integrity to the complaint resolution process" by strengthening language in police department policy that officers "shall not" discourage anyone from filing or interfering in the investigation of a complaint.
The I-Team requested comment from CPD Interim Police Chief Theresa Theetge's office, but a comment was not provided.
CCA's next board meeting is scheduled for Monday, Dec. 5 at City Hall.
Here's the entire statement from Hamilton County Prosecutor Joe Deters:
"Mills’ defense attorney approached the assistant prosecutor handling his case and voluntarily offered to withdraw the CCA complaint in exchange for a plea. The Prosecutor’s Office has no authority over CCA complaints and couldn’t possibly have conditioned the plea on that offer. The assistant prosecutor offered the plea she believed was appropriate. If the Citizen’s Complaint Authority is worried about anyone using CCA complaints as leverage in criminal cases, they are looking in the wrong direction. This violent felon, Desmond Mills, filed a baseless complaint against these officers alleging they had planted a firearm on him. He knew he was lying, and his lie was confirmed upon review of the BWC. But still, Mills, like many others criminals, abuse the Citizen’s Complaint Authority to harass and threaten police officers and then they attempt to use it as leverage to get better plea deals. It is disgusting. This obviously false complaint was allowed to hang over the officers’ heads for months when it should have been quickly reviewed and dismissed. All too frequently, the CCA is being used by criminals to harass and intimidate police officers. The CCA should take greater steps to ensure that doesn’t happen.”
