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Sheriff scandal in Noble County

Landon Smith’s checkered career comes to an end; Smith resigns amid charges

May 23, 2009
By Sam Shawver, sshawver@mariettatimes.com

Landon Smith has been accused of abusing his power more than once during his 35-plus years as sheriff of Noble County.

Still, the people have re-elected him time and again, often with voter support in the 70 percent range.

But on Friday, Smith, 66, resigned from the post, facing charges of nepotism and conflict of interest after a six-month investigation by the Ohio Ethics Commission. He is expected to plead guilty to those counts on June 3, when they are formally filed with the Noble County clerk of courts, according to special prosecutor Dave Yost.

Following a press conference announcing Smith's resignation, county Commissioner Virgil Thompson described him as the "Andy Taylor of Noble County."

"He was a legend in his own time," added Commissioner Bob Nau. "He knew everybody, their kids and their grandkids."

A special election is expected to be held for sheriff in 2010, and voters won't be able to return Smith to the job he had for more than three decades, even if they wanted to do so.

"Once convicted, he will be ineligible to hold a peace officer position again," Yost said. "He could potentially run for another office, but not one requiring peace officer certification."

The resignation and expected plea are part of an agreement with Yost, the Delaware County prosecutor. He was asked to oversee the investigation by his Noble County counterpart, Clifford Sickler.

Paul Nick, chief investigating attorney with the Ohio Ethics Commission, said the commission was contacted in November with allegations of improprieties within the Noble County Sheriff's Office.

"The prosecutor in this county received a referral from the Ohio Ethics Commission last week, and we believe this pattern of practice has been continuing for a long time," Nick said.

Yost said the investigation resulted in a fourth-degree felony charge of unlawful interest in a public contract and a first-degree misdemeanor charge of conflict of interest against Smith. Yost said the felony charge carries a potential six to 18 months of jail time and a fine of up to $2,500. The misdemeanor charge could bring an additional 180 days in jail and a $1,000 fine.

Yost said the felony charge stemmed from Smith's hiring of relatives, including his wife, Peggy Smith, who has been a sheriff's deputy for 18 years. Although she's not facing any charges, Peggy Smith also resigned on Friday.

Smith's daughter-in-law is also employed with the sheriff's department, but Yost said she was not implicated in the investigation and continues to work at the office.

The misdemeanor charge resulted from Landon Smith's alleged use of sheriff's department vehicles to transport inmates to his home where they performed garden and lawn chores for the sheriff.

Yost said investigators also photographed a sheriff's department vehicle driven by Peggy Smith for personal use in a Wal-Mart parking lot with a child's safety seat that had been installed in the back.

The Smiths could not be reached for comment Friday.

Also on Friday, Noble County commissioners appointed Steve Hannum, a detective with the sheriff's department, to serve as interim sheriff. Hannum has been with the department since 1996.

"It's a sad day for Noble County," Hannum said following his appointment.

"Landon Smith contributed to this community in many ways we won't ever know," he said. "It's unfortunate that Landon lost focus on what he was elected to do.

"But I look forward to working with the commissioners," Hannum added. "I'll be my own man and will leave my own footprints in the sand."

The commissioners said they had two officers who were qualified to take Smith's place, Hannum or patrolman Jason Mackie.

Nau noted that, according to state code, the county's Democratic Executive Committee would have to officially appoint Hannum in not less than five days nor more than 45 days following Smith's resignation. He said the committee could choose another appointee, but because only two men were qualified, the commissioners assume the committee will go along with Hannum's appointment.

It isn't the first time Smith has faced a felony charge of abusing his position as sheriff.

In 1984, he was indicted on a third-degree felony count of theft in office, based on nearly 1,300 phone calls a special prosecutor labeled as personal, which cost the county more than $3,000. A jury exonerated him in January of 1985.

Just four days after being indicted, Smith was re-elected, receiving 70 percent of the vote.

In 2003, a Monroe County judge complained that Smith was using an inmate from Monroe County housed at the Noble County jail as a cook at a restaurant the sheriff owned in Belle Valley. Smith said the man had been doing electrical work, and the matter was settled after Sickler reached an agreement with the judge that Monroe County inmates could not be trustees without the judge's approval.

On Friday, Sickler called Smith "a bulwark of law enforcement in Noble County.

"But some things spiraled out of control, and someone has to be held accountable," he said.

 
 

 

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A look back

November 1972 - Landon Smith elected sheriff of Noble County.

September 1984 - Smith lays off his entire staff after being told by county commissioners there was no money available to fund the department. Sheriff's department employees, however, worked four months without paychecks. An analysis of the office's financial records showed budget additions frequently had to be made toward the end of the year in previous years.

Earlier in the month, commissioners had asked the prosecutor to investigate the sheriff's department because of nearly 1,300 phone calls resulting in more than $3,000 of expenses and questions over whether his ex-wife was serving as jail matron. She was being paid for the job, although the checks were not picked up for more than two years.

A former dispatcher alleged he had been fired for reporting to the state auditor's office that the woman was being paid for duties she was not performing. The county prosecutor appointed two special prosecutors to investigate.

October 1984 - Clarence "Casey" Munyan, Smith's opponent in the 1984 election, accuses Smith of using county jail prisoners to do work on the sheriff's farm. Smith denies it.

November 1984 - Smith is indicted by a special grand jury on one count of theft in office, a third-degree felony, based on the phone calls between July 1981 and August 1984. Two days after being re-elected with 70 percent of the vote, the sheriff enters a plea of not guilty in Noble County Common Pleas Court.

January 1985 - A jury finds Smith not guilty. Prosecutors said the calls in question were made to the sheriff's brother and girlfriend, and the girlfriend's workplace. Smith's attorneys argued that the calls were made to Smith at his girlfriend's residence and workplace to keep him informed of what was going on in the county. The defense said the sheriff offered to reimburse the county and suggested the charges were politically motivated.

April 1990 - Robert Egnot dies after a siege by deputies of the Noble, Washington and Monroe County sheriff's offices on a Noble County barn from which he engaged in a shootout with officers. After Egnot allegedly shot and killed Washington County sheriff's Deputy Rodney Kinzy, the barn was set on fire and burned down with Egnot inside. Smith said the fire was an effort to smoke Egnot out and his death was due to his refusal to comply with authorities.

1992 - Egnot's parents file a wrongful death lawsuit against the three county sheriffs.

February 1996 - Days before the trial on the suit was set to start, an out-of-court settlement was reached.

November 2000 - Smith is re-elected with nearly 70 percent of the vote.

July 2003 - Noble County commissioners craft an emergency plan to keep the sheriff's office open after all of its funding for the year was used up.

August 2003 - Monroe County Judge James Peters accuses Smith of having a prisoner work at the sheriff's Belle Valley restaurant as a cook. Smith says the man was only doing electrical work. The issue is resolved after Peters and Noble County Prosecutor Clifford Sickler agree that any Monroe County inmates housed at Noble County's jail can only be made trustees with the judge's approval.

Friday - Smith resigns, facing a felony charge of unlawful interest in a public contract and a misdemeanor count of conflict of interest. He is expected to plead guilty to the charges June 3.

Source: Times research.