BCI probe of area state rep finds 'concerning and suspicious' behavior, raises concerns with case handling

Yahoo

14-05-2025

May 13—A state investigation of alleged sexual misconduct involving state Rep. Rodney Creech, R-West Alexandria, and a minor teenage female this news organization has chosen not to identify concluded in October with no criminal charges but findings of "concerning and suspicious" behavior by the state lawmaker, a Dayton Daily News investigation found.
While no charges were filed, investigative records obtained by the Dayton Daily News raise questions about how Preble County Sheriff Mike Simpson and then-prosecutor Martin Votel — who both later recused themselves from the case due to their relationships with Creech — originally handled the allegation.
Simpson and Votel allegedly took no investigative action and created no record of the allegation when initially told a potential crime was committed, delaying a criminal investigation until it was reported a second time over a month later to a different law enforcement agency.
A month after the case was closed with no charges brought, Creech won his third successive term in the Ohio House of Representatives. The entrepreneur and former Preble County commissioner carried 77% of the votes of his district, which includes all of Preble County and portions of Butler and Montgomery.
According to state investigative records, Creech was accused of conduct that state investigators believed could have risen to a charge of sexual imposition — a misdemeanor that Ohio law forbids being brought against someone unless there's corroborating evidence.
This news organization does not identify alleged victims of sexual assault, and is not reporting details of the allegations in order to avoid identifying the alleged victim.
When interviewed by state investigators, Creech denied any and all conduct that could have been seen as sexual imposition.
After Preble County officials recused themselves, the allegation was investigated by the Ohio Attorney General's Bureau of Criminal Investigation. Clark County Prosecutor Daniel Driscoll, also a Republican, was asked to review the investigation and decide on whether to pursue charges.
Driscoll opted not to pursue charges.
"After a full review I find that (Creech's) behavior during the time of the investigation was concerning and suspicious. However, the evidence falls short of the threshold needed for prosecution. I have spoken with the investigator in this case and believe he has pursued all leads to an end. I find the statements of (the victim) to be persuasive but find no independent evidence to support their claims. At this point I consider the case closed," Driscoll wrote on Oct. 9, 2024.
In an interview with the Dayton Daily News, Driscoll clarified that he was referring to Creech's behavior both during the investigation and during the time that was being investigated.
Driscoll's additional commentary is unusual. He told this outlet that he intentionally wrote the memo in case some other entity were to pick up the case in the future.
Creech responds
When reached for comment, Creech told this news outlet that he believes the publicization of the state's criminal investigation into his behavior is political in nature.
"I'm deeply disappointed to see my political opponents dig up an old false allegation, for which a law enforcement investigation cleared my name. It seems to be no coincidence that this political smear piece is appearing just days after I announced my campaign for Ohio Senate," Creech said Tuesday in a written statement.
"These allegations have been found to be demonstrably false, and I have already begun pursuing legal action against those who are pushing this filth. Like President Trump, I am no stranger to false media attacks. This will not deter my important work on behalf of my constituents, and I look forward to eventually running my Senate campaign on the issues that matter to Ohioans."
Creech on Monday announced his 2026 candidacy to replace term-limited Sen. Steve Huffman, R-Tipp City, in the Ohio Senate. This came several days after the Dayton Daily News spoke to Creech's representatives requesting comment for this story.
Ohio House Speaker Matt Huffman last week removed Creech from all four of his committee assignments, including the Ohio House Agriculture Committee where he served as chair.
A spokesperson for Huffman, R-Lima, did not return a request for comment on why Creech was stripped of his committee posts.
'Dereliction of duty'
The mother of the alleged victim told state investigators that the early May 2023 incident was first reported by the alleged victim's stepfather — an Ohio police chief — in early July 2023 directly to Preble County Sheriff Simpson.
There was no investigation opened nor report created, the Dayton Daily News has confirmed.
"This is an absolute dereliction of duty by a public official," the mother wrote in a summary of the allegation provided to BCI.
She wrote that the stepfather first called Montgomery County Sheriff Rob Streck, who advised him to report the information in Preble County, where the alleged incident occurred. The stepfather then called Simpson directly, a call which Simpson later confirmed with this news outlet.
The contents of that early July call, however, are under dispute.
Here's how lead investigator BCI Special Agent Perry Roeser reported what Simpson told him in a November 2023 meeting about that phone call:
"(The stepfather) apparently told Simpson that he felt he had to say something due to his position as a mandatory reporter. (Redacted) sent Simpson text messages that outlined (redacted) actions. Simpson told SA Roeser he took the text messages to his county prosecutor, Martin Votel, for his opinion. Simpson said Mr. Votel indicated there was no criminal complaint at that time. No report or other action took place from the sheriff's office."
Simpson responds
In a recent interview with this outlet, Simpson denied that he had been given a tip in July 2023. Instead, Simpson said the stepfather called him specifically asking if he, as a police chief, was mandated to report what he believed might have been a crime committed against his stepdaughter.
"(The stepfather) reached out to me and he had questions on whether or not he thought that he might be a mandated reporter on some issues that he had learned as part of a family discussion. He called me, I asked if he wanted me to check with our county prosecutor (Votel) ... just to see if he thought that (the stepfather) would be a mandated reporter, he said that would be great," Simpson told the Dayton Daily News. "I did that, returned (the stepfather's) call, told him that we didn't believe, or the prosecutor didn't believe, it was a mandated reporter situation. He thanked me for checking with him and that was the end of that conversation and that request on his part."
It's unclear why Votel would have found that the stepfather, a police chief, wouldn't be a mandated reporter. Votel, who is now a Preble County Common Pleas Court judge, did not return a request for comment.
Ohio law forbids law enforcement officials, among many other mandated reporters acting in official capacities, from failing to immediately report scenarios where they know, or have reasonable cause to suspect, that a minor "has suffered or faces a threat of suffering any physical or mental wound, injury, disability, or condition of a nature that reasonably indicates abuse or neglect of the child."
Simpson said he was never requested to complete an investigation or to file a report by either the mother or the stepfather.
"I want to make it very clear that if that family or anybody else would have walked in here to request an investigation or anything like that, we absolutely would have done it," Simpson told this outlet. "It makes no difference who's involved, whether it's Rodney Creech or anybody else. We don't operate over here that way."
Using Ohio public records law, the Dayton Daily News requested from the Preble County Sheriff's Office all relevant electronic communications regarding this allegation. The sheriff's office provided communication from November 2023, but not the text messages from July 2023 referenced in the state's investigation. The sheriff's office has not filled a follow-up request for those messages.
The mother and stepfather of the alleged victim declined to comment for this story.
BCI investigation
The state investigation was opened in November 2023 after the alleged incident was reported a second time in Montgomery County. That time, Simpson and Votel recused themselves because of their personal and political connections to Creech.
Votel did not provide comment to the Dayton Daily News on his relationship to Creech. Simpson said he considers Creech a personal friend and that the matter was further conflicted due to Creech's role as Preble County's state representative.
In September 2023, the allegations against Creech resurfaced during a forensic interview at Montgomery County CARE House Child Advocacy Center during an unrelated investigation.
The Montgomery County Sheriff's Office developed a case file based on a follow-up interview about the allegations against Creech and sent it to Simpson in a sealed envelope, according to state investigators.
"Simpson told (Special Agent) Roeser he never looked into the sealed envelope due to his conflict of interest with (redacted). Simpson also explained his county prosecutor, Martin Votel, was conflicted as well," Roeser wrote after meeting with Simpson.
Simpson contacted BCI about taking over the investigation in November 2023.
Streck did not respond to a request for comment about his involvement in either the July 2023 or September 2023 reports.
Rep. Plummer interview
The state's investigation, records of which this outlet received from the Ohio Attorney General's Office, included interviews with Creech, the alleged victim's mother, and Dayton-area state Rep. Phil Plummer, R-Butler Twp., who spoke to BCI about a conversation he had with Creech.
According to both Plummer and Creech, Creech approached Plummer as a colleague and longtime sheriff. Plummer says this happened as the two were walking to a committee meeting at the Statehouse. Creech reportedly asked for advice on what to do about the allegations. According to Plummer, Creech made a comment that was "disgusting and uncalled for" about the allegations. Creech denied this to state investigators.
When approached about the conversation by state investigators, Creech noted that he and Plummer had a good relationship. "Whatever Phil told you I probably said," Creech initially told state investigators before being talked down by his lawyers.
When Creech was asked whether or not he made the comments Plummer criticized, Creech responded: "Never. So yeah, don't believe anything he said. That's ridiculous. Why? That's insane. That's insane."
State investigators continued to probe around Creech's alleged comment. Eventually, Creech's lawyer Tony Cicero questioned Plummer's credibility and told investigators to move on.
"No no no, we are done. It's obvious that Phil is trying to play politics in this situation and is making stuff up," Cicero said. "He's answered the question that no way, no how, move on to your next set of questions. We're done with anything that Phil Plummer claims was said."
Plummer is a potential primary opponent against Creech in the 2026 Republican primary to replace Huffman in the Ohio Senate. He told this outlet Tuesday that he hasn't decided what his next political steps are.
"I'm not doing this for political motivation. I'll beat him any day of the week. He ain't even on my radar," Plummer told state investigators in February 2024.
"(The allegations against Creech are) very disgusting to me. With me doing what you (investigators) are doing my entire career, it's very white and black with me: If you break the law, you get reported," said Plummer, a former Montgomery County sheriff. "So that's my skin in the game, just doing what's right."
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Timeline
Early May 2023: Alleged incident between state Rep. Rodney Creech, R-West Alexandria, and a teenage minor female.
Early July 2023: Alleged victim's stepfather — a police chief — spoke on the phone with Preble County Sheriff Mike Simpson about the alleged incident. No report or investigative action was taken; Simpson denies that the father reported a criminal tip to him.
September 2023: A forensic interview at Montgomery County CARE House resulting from an unrelated case alerts Montgomery County law enforcement to the allegations against Creech.
Sept. 26, 2023: Montgomery County Sheriff's Office requests one of its detectives assist CARE House Child Advocacy Center with a forensic interview of the alleged victim.
Oct. 12, 2023: The alleged victim participates in a forensic interview at Montgomery County CARE House.
Oct. 12 — Nov. 8, 2023: At some point during this time, Montgomery County Sheriff's Office sends its investigative records regarding the allegations against Creech to Preble County Sheriff Mike Simpson in a sealed envelope.
Nov. 8, 2023: Simpson asks the Ohio Bureau of Criminal Investigation to take over the case due to his conflict of interest with Creech.
Nov. 15, 2023: Ohio BCI officially opens its investigation into the allegations against Creech.
Nov. 21, 2023: State investigators meet with Simpson to discuss the origins of the case.
Dec. 5, 2023: State investigators meet with the mother of the alleged victim to discuss the allegations.
Feb. 23, 2024: State investigators meet with state Rep. Phil Plummer, R-Butler Twp., to discuss a conversation he had with Creech about the allegations.
March 1, 2024: State investigators meet with Creech and his lawyers to discuss the allegations.
Oct. 9, 2024: The state's criminal investigation into Creech is closed with no charges brought on advice from Clark County Prosecutor Daniel Driscoll, who is asked to review the case. Driscoll notes "concerning and suspicious" behavior from Creech.
Nov. 5, 2024: Creech is elected to his third successive term in the Ohio House of Representatives.
May 12, 2025: Creech announces his 2026 candidacy for Ohio Senate.
May 13, 2025: Creech is removed by Republican House leadership from all of his committee posts.