CPD officer under investigation for "safety lesson"

[John]

http://www.10tv.com/live/content/local/stories/2010/08/26/story-columbus-police-officer-relieved-of-duty-allegedly-moving-car.html

Officer Under Investigation For Alleged 'Safety Lesson'

Thursday, August 26, 2010 6:15 PM

WBNS-10TV

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COLUMBUS, Ohio — A Columbus police officer was relieved of duty after a woman said he drove off in her car with her child in the back seat.

The officer moved the car while it was parked at grocery store on Stelzer Road in early June, 10TV's Maureen Kocot reported on Thursday.

The woman went inside the grocery store and left the engine running and her child in the back seat.

A Columbus Division of Police spokesman said the officer, who was working special duty at the store, spotted the unattended child and moved the car, presumably in an effort to teach the woman a lesson in child safety, Kocot reported.

A special prosecutor reviewed the case and decided the officer did not commit a crime, but he was relieved of duty, pending the outcome of an internal affairs investigation.

The officer could face departmental charges, Kocot reported.

Watch 10TV News HD and refresh 10TV.com for additional information.

ok, the one thing the article fails to mention is the AGE of the child. IMO its a huge difference if the kid is 2 months old or 12 years old.

the other thing, how do they figure no law was broken?

Ohio Revised Code 2913.03 Unauthorized use of a vehicle

(A) No person shall knowingly use or operate an aircraft, motor vehicle, motorcycle, motorboat, or other motor-propelled vehicle without the consent of the owner or person authorized to give consent.

so if i hop in a running car and move it to the other side of the parking lot, thats not a crime? how does that not fall under "operating" a vehicle.

can i move a police cruiser thats left running? im not stealing it, im just moving it.

[Disclaimer]

ORC Traffic violations apply on private property? Honest question.

I dunno... maybe if the cop moved it within the same parking lot... that might be the loophole here?

[John]

i dont think traffic laws do, but thats not a traffic law, its a theft and fraud law.

[ReconRat]

I wonder if it was parked in the fire lane, heh. Tow it next time and impound the kid.

[Disclaimer]

You're right.. my bad. Traffic laws are 4511.

Still dunno what the loophole is for him to get out of it.

[ReconRat]

Some traffic laws can be applied anywhere. Injury, felonies, major property damage, DUI, etc.

[InyaAzz]

^This

[Radio Flyer]

I actually saw an episode on bait car or cops, whatever show they try and catch guys stealing cars, where this guy got in a bait car, moved it across the street because it was blocking traffic and got out of the arrest with that story. He was being a helping citizen from what they said so they let him go.

[Big Green Valley]

the other thing, how do they figure no law was broken?

Ohio Revised Code 2913.03 Unauthorized use of a vehicle

(A) No person shall knowingly use or operate an aircraft, motor vehicle, motorcycle, motorboat, or other motor-propelled vehicle without the consent of the owner or person authorized to give consent.

ORC 2913.03 would apply if the victim, the vehicle owner, wants to file the charge.

The officers duty would have been to turn off the vehicle and secure the keys until the vehicle owner returns.

ORC 4511.661 Unattended motor vehicles.

(A) No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the key from the ignition, effectively setting the parking brake, and, when the motor vehicle is standing upon any grade, turning the front wheels to the curb or side of the highway.

The addition of the unattended child, depending on the age, would have been addressed by the officer filing;

ORC 2919.22 Endangering children.

(A) No person, who is the parent, guardian, custodian, person having custody or control, or person in loco parentis of a child under eighteen years of age or a mentally or physically handicapped child under twenty-one years of age, shall create a substantial risk to the health or safety of the child, by violating a duty of care, protection, or support. It is not a violation of a duty of care, protection, or support under this division when the parent, guardian, custodian, or person having custody or control of a child treats the physical or mental illness or defect of the child by spiritual means through prayer alone, in accordance with the tenets of a recognized religious body.

The officer would have taken a report and forwarded the report to Children's Services for further investigation and criminal charges, if any.