Chavalia charged with misdemeanors in police shooting

Through his attorney, Bill Kluge, Chavalia pleaded not guilty to negligent homicide, a first-degree misdemeanor, and negligent assault, a third-degree misdemeanor. The charges carry a maximum sentence of eight months in jail and a $1,500 fine.

The charge of negligent homicide accuses Chavalia of accidentally shooting and killing Wilson. The assault charge accuses him of accidentally shooting the child.

Toledo attorney Alan Konop, who has handled hundreds of criminal cases during his 44-year career, said those charges are used when the crimes were unintentional.

Penalties upon conviction can vary depending on the circumstances of the case and whether the defendant has a previous criminal record, Konop said.

“Rarely is a person sentenced to the maximum sentence, especially if they have no prior record,” he said.

Konop, who only knew about the case through media reports, said a typical negligent homicide case would be someone holding a gun and it accidentally went off striking and killing another person; however, that doesn’t mean that’s how Wilson was shot.

In the courtroom, Chavalia, making his first court appearance since the shooting, wore a suit. He was handcuffed and escorted by a deputy coming into and leaving the courtroom. Chavalia was handcuffed in the courtroom as standard procedure for any criminal defendant in custody, Beck said.

Chavalia spoke only once when Judge Richard Warren of the Allen County Common Pleas Court asked if he was Joseph Chavalia.

“Yes sir,” he responded.

The courtroom was packed with the victim’s family, as well as Chavalia’s wife. Leaders from the black community, such as 5th Ward Councilman Tommy Pitts and the Rev. LaMont Monford, were there as were numerous police officers, including Chief Greg Garlock and several police administrators. Sheriff Dan Beck and Allen County Coroner Gary Beasley also were there.

The hearing was brief, lasting four minutes, with Chavalia being informed of the charges and a $50,000 bond set with the ability to post 10 percent in cash to be released from jail.

Eight minutes after the hearing ended, Chavalia was at the Clerk of Court’s office under the escort of a deputy handing over $5,000 in cash to get out of jail. Although some thought the bond was low, it actually was extraordinarily high for misdemeanors.

Chavalia spent less than a few hours in jail, just long enough to be photographed, fingerprinted and answer routine intake questions, Beck said.

As conditions of his bond he cannot leave Allen or Putnam counties and has to report for drug testing.

Although Warren was the judge in the courtroom, he made his last appearance in that capacity. Warren said he has asked the Ohio Supreme Court to appoint a visiting judge to handle all future hearings. That often takes a few days following a request. Another hearing will not be set until a judge is assigned.

Special Prosecutor Jeffrey Strausbaugh, who has been assigned to handle the prosecution, said the case will remain in Common Pleas Court, not municipal court where misdemeanors normally are handled.

Strausbaugh declined to discuss the facts of the case or answer questions on what happened inside Wilson’s home at 218 E. Third St. that led to her death because the case is pending and he has to prepare for trial.

“I know this is extremely difficult for the public and I appreciate the patience and professionalism that was shown along the way as this case proceeds through the court system,” he said.

Strausbaugh said there will be no further charges against Chavalia or any other Lima police officer under his prosecution. Strausbaugh has no authority over federal charges or a lawsuit, which both remain possible.

Following the hearing, Garlock said he respected the criminal justice system and would allow the case to play out.

“Working in that system every day we see how effective it is and certainly expect it will be with our officer,” he said, adding, “It’s a sad day for us to have one of our officers indicted.”

Chavalia remains employed with the Police Department on paid administrative leave, Garlock said.

Lima Law Director Tony Geiger declined comment on the Chavalia case or whether a conviction on criminal charges could cost Chavalia his job. Geiger said each disciplinary case is handled on its own merits.

The chain of events happened fast Monday with Strausbaugh announcing at 10:30 a.m. Chavalia had been indicted by a grand jury following two days of hearing evidence last week. That written announcement also said Chavalia would be in court an hour later.

As part of an arrangement with his attorney, Chavalia agreed to turn himself in at his attorney’s office at 11 a.m. A sheriff’s deputy placed him under arrest and brought him to the jail where the booking process began.

The next step in the case will likely be a pretrial in a few weeks. Cases typically play out over several months to a year often without the facts of the case being released until trial or sentencing.

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