Officer who had sex on duty ordered held in federal detention

A Columbus police officer accused of destroying evidence, including body camera footage, after a sexual encounter with a woman while on duty will remain in federal detention pending further hearings in his case.

Nicholas Duty, 35, was arrested Friday morning and appeared for a brief hearing Friday afternoon in U.S. District Court in Columbus.

Duty is charged with destroying or altering records related to a criminal investigation, a crime that carries a potential maximum sentence of up to 20 years in federal prison if convicted.

As part of Friday’s hearing, Duty’s attorney, Mark Collins, indicated his client would not oppose being held in detention at this point in the case, but may file for a hearing a later date. Federal court does not utilize the bail system used in Ohio’s Common Pleas and municipal courts.

Duty had been placed on relieved of duty status, meaning he was suspended with pay, on March 24 as part of an ongoing investigation that began in February, according to Duty’s personnel file.

A release from the office of the U.S. Attorney for the Southern District of Ohio said a federal grand jury indicted Duty on Thursday.

Duty turned off his body camera or removed it during at least two interactions with women, including one that was a sexual encounter, the U.S. Attorney’s office said.

The incidents are believed to have occurred on Oct. 31 and March 22.

The federal prosecutors said Duty had been on duty, wearing his police uniform and in a marked police cruiser during the interactions. A body camera is considered part of the uniform for patrol officers.

According to the unsealed indictment, Duty turned off his body camera while interacting with “Jane Doe” on Oct. 31, which violated the Division of Police’s internal policies.

The March 22 incident, which the indictment describes as a sexual encounter with “Jane Doe 2,” involved Duty “removing and obscuring” his body worn camera.

In a statement, the Columbus Division of Police said the department “acknowledges

the gravity of the situation” and that “swift and appropriate” discipline will be imposed on any officer who violates the law or the department’s standards.

“Our obligation is not only to uphold the law but also to earn and maintain the trust of the communities we serve,” the statement said. “While incidents such as these are regrettable, they serve as reminders of our ongoing commitment to uphold the principles of justice and fairness.”

Duty was a patrol officer assigned to work on the city’s West Side, according to his personnel file. He graduated from the James G. Jackson Columbus Police Academy in December 2018 and began work as a patrol officer in January 2019.

The Central Ohio Human Trafficking Task Force is handling the investigation.

The U.S. Attorney’s office asked that anyone with information about Duty’s activity or knowledge of potential additional crimes should contact the Ohio Bureau of Criminal Investigation at 855-BCI-OHIO (855-2246336) or Columbus police’s internal affairs unit at 614645-4880.