No jail for ex-West Chester Twp. officer who pleaded guilty to tampering with evidence
Feb. 24—A former West Chester Twp. police officer who admitted she tampered with evidence in a death investigation was placed on community control Monday avoiding any jail time, according to officials
Michelle Berling, 46, was indicted in October on two counts of tampering with evidence and one count of tampering with records, all third-degree felonies, and unauthorized use of property, a fifth-degree felony.
According to the grand jury report, the crimes, investigated by the Ohio Bureau of Criminal Investigation, occurred between Aug. 8 and Aug. 13.
Butler County Prosecutor Michael Gmoser said Berling altered Flock camera data and images involving the death investigation of a woman in June on Schumacher Park Drive.
Berling also misused the department's Ohio Law Enforcement Gateway (OHLEG) to gather information for personal use, Gmoser said.
In January, Berling pleaded guilty to one tampering charge, a third-degree felony, and the others were dismissed in exchange for the plea.
Butler County Common Pleas Judge Kelly Heile sentenced Berling to five years community control. She faced a maximum of 36 months in prison. Berling has been free on her own recognizance.
"She panicked and did the wrong thing for self preservation purposes. It potentially hurt an investigation; we will never know for sure," Gmoser said in January after he plea. "That is the charge I would not reduce (or dismiss)."
Berling was placed on paid administrative leave and was suspended of all police duties in August when the investigation began, according to the township. She later resigned.
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Miele Coggs said hearing the public's concerns before a contract is approved for surveillance technology was important. Ald. Dimitrijevic also stressed that public comment was an important step, saying that the committee would not go into closed session to discuss the Flock contract before the public finished speaking, or otherwise limit public testimony. When public testimony continued, Milwaukee residents shared further concerns about the technology. Ron Jansen said that the city has seen a surge of surveillance gear used by MPD. 'Between the growth of a fascist regime in Washington … and our own militarized and violent police force here in Milwaukee, it's clear that the last thing we need is more ways for police to track us,' Jansen said. He added that Flock networks are capable of tracking and cataloging 'people's every movement throughout a given day' even if they're not the target of an investigation. 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