Visiting Judge Patricia Cosgrove sentenced former Sandusky County Sheriff Kyle Overmyer to four years in prison Tuesday, calling him "narcissistic" for knowingly stealing from the county that entrusted him to lead as an elected official.
"You can use your badge as a shield or a sword. ... You used yours as a sword," Cosgrove said while scolding Overmyer. "You stole from the taxpayers."
The 42-year-old former sheriff apologized in court for his actions, and was shaking and openly weeping shortly before Cosgrove imposed his sentence in Sandusky County Common Pleas Courtroom's temporary quarters at Terra State Community College.
Overmyer sat slouched in his chair at times during the hearing, his head toward the floor when county police chiefs and the special prosecutor detailed his crimes and their impact.
Four police chiefs read statements condemning Overmyer for betraying the public's trust when he collected their drug take-back boxes from their departments for his own use.
Special Prosecutor Carol Hamilton O'Brien, of Delaware County, detailed Overmyer's dependency on pain pills and the means he used to obtain medication illegally.
O'Brien said Overmyer used the sheriff's Furtherance of Justice account as a petty credit card, paying for meals, trips and a family vacation to Nashville, as well as to fund his unsuccessful re-election campaign.
"He didn't have to spend money on his campaign, because he used his Furtherance of Justice account," O'Brien said.
The prosecutor said Overmyer used his personal vehicle to drive to Nashville, then was reimbursed for the mileage and inflated the mileage to reflect a longer drive.
"He used the FOJ (credit) card for room service, including $43 for six cans of pop, and he routinely paid for meals over the daily reimbursement rate," O'Brien said.
Overmyer was indicted on 43 charges in August and pleaded guilty Nov. 22 to 13 felony counts, admitting stealing drug take-back boxes from county police departments, using deception to obtain pain medication from doctors and tampering with records regarding his FOJ account.
Overmyer began to cry as he addressed the court, though O'Brien and Cosgrove did not believe the sheriff was remorseful.
"He is remorseful he got caught," O'Brien said while addressing the court.
Cosgrove rejected the ex-sheriff's last-ditch plea for mercy, asking him, "What were you thinking?" when he used his FOJ account for personal membership dues to clubs such as Kiwanis.
"I shouldn't have done that, I was wrong," Overmyer replied.
"Your actions created an impression that police are corrupt," Cosgrove said. "You show no remorse."
When asked what he used the money for, Overmyer told Cosgrove he would use it for everyday purchases.
The prosecutor said Overmyer wrote two checks, one for $1,000 and another for $1,500. When asked where the money was when it was not deposited into the detective drug buy account, Overmyer then provided money in a different envelope and only after he was questioned by authorities.
O'Brien said Overmyer created fraudulent documents to cover up his use of the FOJ account and that he deceived the sheriff's office treasurer, Amy Little.
By the end of his tenure, Overmyer had amassed between $150,000 and $180,000 in personal debt, and that he never reported the debt on his ethics forms, O'Brien said. She noted that all public officials are required to submit ethics reports each year to show they are capable of holding office.
Overmyer, addressing Cosgrove, O'Brien, area police chiefs and the news media, said at the hearing that "I take full responsibility for my actions."
"I apologize to those in here wearing black that used to work under my colors," Overmyer said in addressing Sandusky County Sheriff's Office personnel.
Crying, Overmyer said he "hit rock bottom and was in denial" about having a drug problem.
"Maybe I was too proud thinking it couldn't happen to me," Overmyer said. "I am going to counseling and I feel better after I do. I promised my kids I would get better."
O'Brien provided phone conversations Overmyer had while in jail awaiting his trial, detailing conversations he had with family, his estranged wife and his girlfriend, Dana Miller.
"I've gotten zapped in every way," Overmyer said to Miller in a phone call he made from jail.
"Most of that stuff I didn't do anything. Someone else was responsible. ... I took the blame," Overmyer said to wife Melanie in a jail phone conversation.
On Monday, Overmyer called Miller from jail, saying, "I am not a criminal, just f--ked up along the way."
O'Brien rejected Overmyer's assertions in court that he was remorseful and wanted counseling to curb drug and alcohol dependency.
"The real test of a person is what they say in private to the people they love," O'Brien said.
Local police chiefs Bruce Gower, of Clyde, Paul Whitaker, of Gibsonburg, Charlie Horne, of Green Springs, and Mark Kaufman, of Bellevue, said in court Tuesday that Overmyer's action caused negative perceptions of their departments.
"You have done little to advance that once great department, leaving it to falter and flounder under controversy after controversy," Whitaker said. "You placed your own selfish desires above your sworn oath of the people who trusted you and when your acts were discovered, you further attempted to destroy your own law enforcement colleagues."
Horne said the trust between police and residents has been tarnished as officers entering homes have been asked not to take prescription medication.
"The damage done by Kyle Overmyer to the Sandusky County law enforcement is going to be long-lasting, taking years to repair," Gower said in his statement.
An investigation into Overmyer's wrongdoing began in August 2015 when the former sheriff collected drug take-back boxes from area police departments.
O'Brien said Overmyer was seeking prescriptions from three doctors, and when he was cut off by them after they were being investigated for over-prescribing opiate medication, he sought drugs from another county.
"In March of 2015, Wood County Sheriff Mark Wasylyshyn, a good friend of Mr. Overmyer went to breakfast and Wasylyshyn said 'I need to stop and pick up the drugs in Perrysburg,'" O'Brien said. "Kyle said, 'Hey can I look at those?' Mark left the sheriff alone in the room. He left with a bag of drugs."
Overmyer's attorney, Ronald Mayle, of Fremont, said the former sheriff "obviously had a drug problem," and needed help.
"A guy with a drug problem needs treatment rather than incarceration," Mayle said to Cosgrove.
As part of his sentencing, Overmyer will pay $24,000 in restitution to Sandusky County. The money, Cosgrove said, will be paid using his state retirement pension.
Once released from prison, Overmyer will serve three years of post-prison release control, and is not allowed to possess a weapon or work in law enforcement again.
