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News (Media Awareness Project) - US OH: Feds Drop Charges Against Ex-Cop, 4 Others
Title:US OH: Feds Drop Charges Against Ex-Cop, 4 Others
Published On:2008-02-09
Source:Times Recorder (Zanesville, OH)
Fetched On:2008-02-10 22:18:22
FEDS DROP CHARGES AGAINST EX-COP, 4 OTHERS

COLUMBUS - The city will re-evaulate the termination of former
officer Donald Peterson after the U.S. Attorney's Office was granted
a motion to dismiss federal drug charges against him and four others.

The charges were dismissed Friday against Peterson, his wife
Serritha, Steven Gibson, Gary Moody and Shelly Tyson.

Peterson was fired from the Zanesville Police Department in January
after being indicted on one count of conspiracy to distribute crack,
five counts of selling or distributing morphine, Oxycodone and crack,
and one count of conspiracy to distribute crack, morphine, Oxycodone
and other controlled substances.

"Don has maintained from day one that he hadn't done anything wrong,"
said David Thomas, Peterson's attorney. "He deserves to be
vindicated."

According to Fred Alverson, spokesperson for the U.S. Attorney's
Office, the reasons behind the dismissal for are not being disclosed
at this time and his office can make no comment.

But it leaves Police Chief Eric Lambes furious.

"It appears the FBI and Muskingum County Sheriff's Office may have
been over zealous in their attempt to pursue prosecution of a
Zanesville Police Officer," Lambes said. "Their actions have damaged
the credibility of the police department and the officers who work
here."

Lambes wants an apology from Sheriff Bob Stephenson and the
FBI.

"I would also like for the FBI and the sheriff's office to explain
how they're going to rebuild the credibility of my department,"
Lambes said. "It's obvious their poor investigation has damaged our
credibility and they're responsible for it and need to be taken to
task for it."

Stephenson said he could not comment upon advice from the FBI and
U.S. Attorney's Office and Michael Brooks, spokesperson with the FBI,
said his office could not comment.

Lambes is also demanding an investigation into the standards utilized
by the FBI and the sheriff's office.

"I think someone should evaluate their informants because it's
obvious that the primary undercover information they received has
been determined to be less than truthful in this investigation,"
Lambes said. "There were obviously not enough safety precautions in
place before they took action."

Now the question Lambes has to deal with is whether Peterson can be
rehired by the police department.

"Right now Don Peterson remains terminated," Lambes said. "But in the
coming weeks his status will have to be reviewed and a determination
made to continue it or exactly what needs to be done."

Thomas said he is not sure what Peterson wants to do regarding the
police department and his position there.

Lambes said that issue is another reason he is angry with the
sheriff's office and the FBI.

"Not only have they put my office in this situation, but they have
trashed the good name of all the officers here with their over
zealous investigation," Lambes said. "I think we all deserve answers."

Serritha Peterson's attorney, Terry Sherman, said his client has also
steadfastly held that she is innocent of all charges.

"I've not been told why the charges are being asked to be dismissed,"
Sherman said. "I received a phone call last night about it but that's
about all. I can tell you that my client has maintained her innocence
from day one and continues to do so."

Serritha Peterson, 29, was indicted on two counts of distribution of
a controlled substance and one count of conspiracy to distribute a
controlled substance. Tyson, 32, was indicted on one count of selling
or distributing a controlled substance and one count of conspiracy
to distribute a controlled substance; Gibson, 65, was indicted on two
counts of distributing or selling a controlled substance and one
count of conspiracy to distribute a controlled substance and Moody,
50, was indicted on one count of conspiracy to distribute a
controlled substance.

According to federal documents, an investigation began in joint
connection with the sheriff's office and the FBI after another former
officer with the police department, Sean Beck, was being
investigated.

Beck resigned from the department after he was indicted on Oct. 25,
2007 on six federal counts - two counts of trafficking in Percocet,
three counts of possession of a firearm while in the commission of
drug trafficking and one count of conspiracy to traffic drugs. Beck
is scheduled to go to trial in Columbus on March 3.

Authorities began looking at Peterson after a witness told them at
the end of July the witness had been at the Peterson home and
Peterson arrived and gave his wife some prescription pills, stating
he had gotten them from someone he had stopped while on duty.

Lambes, along with the FBI, made it clear at that time that they did
not believe Peterson had got any drugs while on duty.

The federal affidavit stated that in August, the sheriff's office
began an investigation into Peterson and recorded a conversation
between Serritha and the witness where Serritha said she would be
getting cocaine from her husband.

Through the next few months agents with the FBI and the sheriff's
office continued to surveil Peterson, his wife, Moody, Tyson and Gibson.

Moody is believed to have given Serritha Peterson a quantity of
Vicodin pills, court documents show.

Moody was arrested again by undercover detectives with the sheriff's
office just weeks ago at his home and entered guilty pleas last week
to trafficking in Vicodin, possession of Morphine and possession of
Percocet, all fifth-degree felonies; and possession of Clonopin and
Xanax, third-degree misdemeanors. Moody sold prescription drugs to an
undercover agent with the Central Ohio Drug Enforcement Task Force.

According to the FBI, Peterson continued to participate in drug
dealings throughout October and November and on Dec. 5 Peterson is
said to have text messaged the witness and arranged for the witness
to purchase $320 worth of crack from Gibson.
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