McVay: Missing pipe not on officer’s property

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EAST LIVERPOOL - The effort to investigate the theft of school board property took a few steps forward and one, surprise, twist Thursday, with the chief of police declaring evidence has cleared one of his officers from suspicion.

Using the podium at the East Liverpool Board of Education meeting, police Chief Mike McVay took the opportunity to inform board members on the investigation and used information in a sworn affidavit by Gary Bonnell to clear his officer from a cloud of innuendo.

Bonnell, the president of the board of education, filed the affidavit July 29 as a private citizen, looking to initiate the investigation concerning the theft of culvert pipe and scrapped school desks from a recycling dumpster at the North Elementary and high school building project.

Back on June 26, Bonnell made the motion at a school board meeting to pass a resolution directing Superintendent Ken Halbert to pursue criminal charges involving alleged trespass on, and theft of, school property. The resolution failed, and Bonnell opted to act independently and filed his affidavit.

Bonnell claims information from a "confidential informant" pointed to a city police officer's son as being one of four or more juveniles involved in the incident, and he suggested the culvert pipe taken has been used on the officer's property.

It was a portion of Bonnell's own affidavit that McVay seized upon Thursday night. An attachment to the affidavit from Mike Pusateri Excavating, a contractor at the North Elementary project, states his company has accounted for and removed all pipe they had at the construction site.

Another affidavit from the excavating company described the school board's missing culvert pipes and assigned a value to the materials. Again, McVay read a portion of Bonnell's affidavit describing the missing, black, plastic pipe as being 12 inches in diameter.

Handing some photographs to board members, McVay showed the culvert on the officer's property and a tape measure. That culvert measures 18 inches in diameter.

"This is not and could not possibly be the stolen pipe from the school property unless my officer found a miraculous way to stretch 12-inch pipe into 18-inch pipe," McVay said.

A crowd of approximately 85 - most wearing a sticker that read "We support the ELPD family" - erupted at McVay's pronouncement, cheering and clapping.

"Rest assured, the East Liverpool Police Department will conduct a full and complete investigation into the missing pipe to determine what happened to the pipe and who is responsible," McVay said. "But it will not be the vigilante witch hunt that has been going on for the last several weeks."

McVay then backed his officer by telling Bonnell, the board and those gathered that the "witch hunt" has "unfairly damaged the professional integrity of a fine police officer."

Other than Bonnell's affidavit, it wasn't until early Thursday morning that an official complaint was filed by school officials.

Halbert and Mark Reed, director of maintenance for the district, arrived at the police department 9:30 a.m. Thursday and filed a theft report.

"I took what he (Gary Bonnell) gave me last week, studied it and after an article came out on the front page of a local newspaper, I met with Mr. Reed," Halbert said. "After we decided we could pinpoint what may have been taken, where it was taken from and who it belonged to, I thought it was time to go to the police department and file our police report."

Halbert said the meeting with McVay went well, saying, "I think the chief appreciated the fact I was there."

McVay was not the only one to broach the subject during the public comment portion of the meeting.

Bonnell, as a normal part of the board's procedure, gave the ground rules before opening up the floor for public comment. Bonnell indicated personal attacks and off-topic remarks were not allowed.

Despite the warning, Bonnell attempted to gavel the audience to silence on several occasions. However, the audience would not be denied and made its feelings known on several occasions.

One speaker chastised the board for spending time and effort on the incident when other issues challenge the school system.

City council member Brian Kerr's time at the podium was cut short by Bonnell and the gavel when Kerr referenced Bonnell's earlier promise to not allow the public comment portion to turn into a circus.

"I believe every time you speak, it is a circus," Kerr told Bonnell and the crowd again voiced approval and Bonnell asked for the next speaker to step forward.

School board member Larry Walton repeatedly asked Bonnell to vacate the board president chair and let another board member finish the meeting, but Bonnell denied the request.

Several other city residents approached the podium and spoke of the officer in question and called him an honorable public servant who has provided outstanding contributions to the community.

Joe King, an attorney, spoke to the board on "behalf of a good friend and member of the East Liverpool Police Department being accused of theft of school property."

King said the "confidential informant" cited by Bonnell in his affidavit is a two-time criminal felon.

"He's been breaking the law longer than I've been practicing the law," King said. "It appears the board president is relying on a convicted felon."

King ended his comments by saying, "Mr. Bonnell, I don't want you on this board."

East Liverpool Patrolman Terry Faulkner, appearing as a representative of the East Liverpool Fraternal Order of Police Lodge 29, also shared the organization's feelings on the matter.

"For the school board president to accuse our members collectively and individually of being thieves, covering up criminal activity and carrying out vendettas against people is outrageous," Faulkner said. "There is absolutely no basis in fact or evidence to give credence to these claims."

Faulkner told other board members, "At a previous meeting the board was very clear about how the situation in question would be handled. If the school board president wishes to pursue matters as a private citizen, that is his prerogative. But he can not have it both ways."

The FOP 29 representative ended his comments by saying, if Bonnell "continues to use his position of president of the East Liverpool School Board to attack FOP 29 members, contrary to the recorded wishes of the board, FOP 29 respectfully submits that the board consider appropriate action against him."

After the public comment section, board member Janice Martin weighed in on the issue only to emphasize that Bonnell was acting on his own behalf.

"This was something that had nothing to do with the board of education," Martin said. "This is not a condoned board activity."

Martin further pointed out that while the debate "may sell newspapers" the district is "becoming the laughing stock of the community," and added, "What's going on here is wrong, people."

Bonnell attempted to speak to the issue, but roughly half of the crowd left, chastising the board president and asking for an apology.

Bonnell then voiced his support for the district and the strides being made in the construction project and other issues, but the crowd remaining grew unruly and did not allow Bonnell to state his case.

The meeting disbanded after a vote was made, in the middle of Bonnell's argument, to adjourn.

Martin got up from her seat at the board table and said, "the party's over," as other board members followed suit.

After the meeting, McVay reiterated his department's commitment to investing the disappearance of the pipe culvert following Halbert's complaint.

Bonnell said he will press forward to get an explanation as well.

"The key to this whole thing to me is to interview the juveniles and see what they stole and where they put it," Bonnell said. "The fact is, none of the four or maybe seven juveniles have been interviewed."