SIDNEY – Former Shelby County Sheriff Dean Kimpel filed two lawsuits this week, both related to his attempt to reverse the court’s decision regarding an illegal computer use case from 2012. The outcome of the case in question would eventually lead to his resignation.
On Monday, a lawsuit involving alleged civil rights violations was filed against Shelby County Commissioners and John and Jane Doe (1 through 10). The suit calls for an award more than $25,000 plus legal fees.
On Tuesday, an appeal was filed in a hope to overturn a recent judicial decision to a request by Kimpel to withdraw his guilty plea in the computer case.
Both cases were filed by Kimpel’s attorney, Jeremy Tomb of Troy, in Shelby County Common Pleas Court.
On Thursday, Commissioner Bob Guillozet was unware of the filing when contacted by the SDN. He declined comment until he reviews the filing. Tomb was unavailable for comment.
The action stems from Kimpel attempting to prove the state withheld vital evidence that would have prevented his decision to plead guilty. In that case, he was accused of using the Ohio Law Enforcement Gateway (OHLEG) computer to illegally look up individuals for personal purposes.
In this week’s civil rights case, Kimpel claims he was denied due process when the evidence was withheld from him. He also contends his sixth amendment rights were violated when investigators and prosecutors misconduct prevented him from bringing a civil lawsuit sooner.
Kimpel also claims he was not given the same latitude as others. He claims to be the only person to be prosecuted in Ohio for the computer use violation. The Violation of Equal Protection offense points out there was evidence that other people had used the computer system for similar purposes. He contends there was “prosecutorial discretion” and an “unequal application of the law” in being singled out for the computer offense.
On April 13, 2012, Kimpel pleaded guilty to one count of unauthorized use of a computer through his then-attorney Michael Rumer of Lima. The charge of unauthorized use of computer, cable, or telecommunications property, a felony of the fifth-degree.
Later that year he resigned as sheriff and was fined and sentenced to two years of community control for the offense. A charge of sexual battery against him in Auglaize County was dismissed, as part of a plea agreement.
This past May 12, a daylong hearing focused on a vital piece of evidence used in a sexual battery investigation against him during the same time as the computer offense. Kimpel claimed the evidence was misused to coerce a guilty plea from him for the computer use offense.
Brogan ordered officials from the Auglaize County Sheriff’s Office to provide the video interview with the alleged sexual battery victim.
On July 27, retired Judge James Brogan ruled the state did not withhold vital information that Kimpel claimed would have prevent his plea and case outcome.
