Judge: Sheriff’s lieutenant prosecuted due to racial bias
A Summit County judge Wednesday dismissed charges against a former Summit County sheriff ’s lieutenant who claimed he was selectively prosecuted because he was Black.
Judge Mary Margaret Rowlands agreed and said she saw no other reason why Antonio Williamson was prosecuted for the improper use of a law enforcement database while white deputies were not.
“The Summit County Sheriff’s deliberate choice not to exercise any discretion in (Williamson’s) prosecution for the same violations committed by white Summit County Sheriff Office deputies, who were not referred for prosecution, is invidious conduct based on defendant’s race,” Rowlands said in a 14-page decision.
Rowlands threw out the remaining criminal charges against Williamson, who was acquitted last March by a Summit County jury of sexual assault charges.
Williamson and his attorneys were thrilled by her decision.
“This exposure of the unacceptable, selective practices by the Summit County Sheriff’s Department and state of Ohio truly honors what the criminal justice system is supposed to stand for,” said Ian Friedman, one of Williamson’s Cleveland attorneys. “Prosecution of a man because of the color of his skin cannot be tolerated. This decision by the judge says that it will not be tolerated.”
The Summit County Prosecutor’s Office plans to file an appeal, which must be done within 30 days.
“We are disappointed with this decision because the evidence does not support this conclusion,” Summit County Prosecutor Sherri Bevan Walsh said. “We will be filing an immediate appeal.”
Williamson, 50, was fired from his job.
Williamson’s case has drawn interest from the Akron NAACP because of the racial allegations.
In the sexual assault case, a woman, then 26, claimed an off-duty sheriff’s deputy offered her a ride in his cruiser in March 2017, then forced her to perform oral sex on him. She identified Williamson as the deputy.
Williamson, however, said he only talked to the woman. His attorneys claimed the woman made up her allegations in hopes of a big payout.
After a week-long trial, a Summit County jury found Williamson not guilty of two counts of sexual battery and one count of gross sexual imposition.
Prosecutors opted to try Williamson separately on allegations that he improperly used the Ohio Law Enforcement Gateway (OHLEG) database.
Williamson’s attorneys claimed these charges were discriminatory because four white deputies who were found to have improperly used the database weren’t prosecuted.
Prosecutors said the sheriff’s office found the white deputies’ database use involved a “legitimate law enforcement purpose.”
Friedman said Williamson’s use of the database also was “legitimate” and involved a search of his name.
In her ruling, Rowlands said the Ohio Attorney General’s office decertified every sworn Summit County deputy on the use of OHLEG in 2018 and required them to be retrained in the proper use of the database. The alleged misuse of the database by Williamson and the other deputies occurred prior to this.
Williamson was charged when Steve Barry, who retired at the end of last year, was still sheriff.
“I obviously cannot agree with the decision and am amazed how certain information listed in the order is inaccurate,” Barry said Wednesday.
Kandy Fatheree, the newly elected sheriff, declined to comment Wednesday on the decision.
Friedman said Williamson was elated Wednesday when he learned about Rowlands’ ruling.
“Thank you,” Williamson said to Friedman and his two other attorneys. “This is so great. I love you guys.”
A civil lawsuit filed in Summit County Common Pleas Court by the woman who claimed Williamson assaulted her was put on hold until his criminal case was settled. That suit, and a counterclaim by Williamson, are pending before Judge Joy Oldfield.
A civil lawsuit filed in Summit County Common Pleas Court by the woman who claimed Williamson assaulted her was put on hold until his criminal case was settled. That suit, and a counterclaim by Williamson, are pending before Judge Joy Oldfield.
Friedman said he is confident his client will also prevail in that lawsuit.
Williamson has been working various jobs since he was initially charged nearly four years ago, trying to make ends meet. Friedman said he isn’t sure if his client will try to get back his former job.
“The one thing we know is – whatever his future isit’s very bright,” Friedman said.