CLEVELAND — Former East Cleveland Police Chief Scott Gardner has avoided jail time as he was given five years probation with 600 hours of community service after recently pleading guilty to one felony count in a financial crime case.
“This is a non-violent offense," Cuyahoga County Common Pleas Judge Jeffrey P. Saffold said when announcing his decision. "You have no felony criminal history, so this is your first felony conviction. I don’t see that as a small matter. I see, particularly, someone who spent their career in law enforcement having to carry around a felony conviction as a significant thing.”
But he ultimately chose not to send Gardner behind bars.
You can watch the full sentencing hearing in the video below:
"IT STAINS THE BADGE"
"I don’t believe that police officers when the commit crimes that are really unrelated to their business ought to be treated more harshly than say a butcher, baker or a candlestick maker," Judge Saffold said. "The fact of the matter is, I’m going to sentence you like I would anyone else charged with a low-level, non-violent felony of the fourth degree who has no prior felony criminal history. Although I certainly appreciate why the government might be inclined to ask for prison here, I think it would be an overreaction."
Despite that, he said Gardner's actions "tarnish the badge."
"You didn’t do it relative to your work as a police officer," Judge Saffold continued. "This wasn’t something that you used your role as a police officer to sort of get away with the crime, but let’s be clear. The reason why all of these cameras are pointed at you is because you’re a police officer. Not just a police officer, but chief of police who has fallen this far. It stains the badge. It blemishes the badge.”
Judge Saffold said the 600 hours of community service reflects 100 hours for each year "that you engaged in this scam."
GARDNER OFFERS STATEMENT
In his remarks prior to the judge announcing his decision, Gardner said it's his intention to make sure this doesn't happen again.
“This is not who I am, and this is not what I want my perception to be for the remaining time. I appreciate your time, my honor, and for me being able to speak,” he said.
PLEA DEAL
The sentencing comes nine days after Gardner pleaded guilty to one felony count of collecting and failing to remit. Court records show he was also ordered to pay $149,954.54 in restitution.
As a result, the following charges against 49-year-old Gardner were dismissed:
- One count of aggravated theft
- One count of telecommunications fraud
- Six counts of collecting and failing to remit
- Six counts of fraudulent actions concerning a tax return
- One count of tampering with records
- Three counts of passing bad checks
- Two counts of money laundering
- Two counts of theft in office
- Two counts of grand theft
Why did prosecutors decide to drop the other charges?
“Scott Gardner was offered the ability to plea to the felony charge of Collecting and Failing to Remit Sales Tax." explained Lexi Bauer, communications manager of the Cuyahoga County Prosecutor's Office. "This plea was to ensure that Scott Gardner would be held criminally accountable and required him to pay $149,954.54 in full restitution to the State of Ohio. Some of the charges that were dismissed would have been merged at sentencing. Charges were reduced because Scott Gardner was willing to take responsibility and become a convicted felon."
As 3News previously reported, the charges were the result of a years-long investigation into Gardner's tax filings and financial decisions from 2014 to 2019.
On the first day of the bench trial, Assistant Cuyahoga County Prosecutor Samantha Sohl argued Gardner “grossly underreported” his earnings from his business, paying hundreds of thousands of dollars less in taxes over the years before hiring an accountant and tax attorney to assist in filing amended sales tax filings during the state’s investigation.
3News' Dave DeNatale and Matt Rascon contributed to this report.