The Columbus Dispatch

Circlevill­e cop was investigat­ed for domestic violence

Eberhard case raises questions about police hiring practices

- Eric Lagatta

Fueled by alcohol and rage, Erick E. Eberhard stormed down into the basement of his Pickaway Township home where the children had been playing to confront his 9-year-old son.

Moments earlier, his girlfriend’s daughter had come to Eberhard to say that the boy had grabbed her arm.

According to Pickaway County Sheriff’s office records, the boy would tell his mother the day after the Jan. 16 incident that the girl had been hitting him, and he had grabbed her arm because she wouldn’t stop.

But Eberhard, then a K9 police officer in the city of Circlevill­e, is accused in sheriff ’s records of not being interested in any explanatio­n, instead throwing his

son twice across the basement room. He then carried the boy upstairs, according to records, where Eberhard slammed him down on top of a glass cup on the counter hard enough to shatter the glass and visibly injure the boy.

Four months later, sheriff's records indicate that Eberhard's alcohol-induced temper once again flared when he was accused of slamming his 27-yearold girlfriend on the ground so hard during a domestic dispute on May 11 that she broke her wrist while attempting to brace her fall.

The two incidents became the subject of a criminal investigat­ion by the sheriff's office in late August. They and other incidents in Eberhard's checkered personal life raise questions about hiring practices for police officers in some communitie­s.

Circlevill­e police, who had been conducting their own internal investigat­ion of Eberhard until they learned of the sheriff's probe, took his gun and badge on Sept. 3 and placed him on administra­tive leave from the police department.

Lt. Johnathan R. Strawser, who led the sheriff's investigat­ion, completed his report on Oct 12. and turned over the findings to the county prosecutor's office for review. The Ohio Attorney General's office agreed on Oct. 22 to a request from Pickaway County Prosecutor Judy C. Wolford to assign a special prosecutor to handle the case.

Two days later, Eberhard was found dead from a gunshot wound. Law enforcemen­t authoritie­s say the death was a suicide, though a final ruling from the coroner's office is pending.

Hundreds of public records obtained and reviewed by The Dispatch under the Ohio Open Records Act paint a picture of Eberhard as a man with a penchant for abusive behavior who had struggled with alcoholism, anger issues and suicidal thoughts for years even before he was hired in March 2020 to the Circlevill­e Police Department.

Despite Eberhard's troubled history, he maintained a career in law enforcemen­t for two decades — even after an arrest in 2016 during a domestic dispute with his father in which he eventually pleaded guilty to a misdemeano­r assault charge. Eberhard resigned from his post as a deputy with the Pickaway County Sheriff 's office days after the arrest, but he would go on to work as an officer for two other police agencies and hospital security before he was hired in Circlevill­e.

Most states have laws regarding the decertification of law enforcemen­t officers to prevent problem cops from returning to the profession. And while standards vary from one state to the next, a dismissal alone does not always meet a state's threshold for decertification.

In Ohio, law enforcemen­t officers can lose their state certification only in the event of a felony conviction.

The occurrence of controvers­ial officers who leave one agency only to be hired elsewhere is so common that academia has a term for it: “the wandering officer.”

“It's not intuitive that this would go on, but it's fairly common,” said Roger Goldman, an emeritus professor at the Saint Louis University School of Law, who is an expert on police licensing laws. “Why is it the cops who do this can stay on the job?”

Eberhard's career in law enforcemen­t began on Dec. 26, 2000, when he was hired as a correction­s officer with the Pickaway County Sheriff 's office, according to personnel files. He worked his way up to the rank of corporal in charge of the K9 division, but resigned May 24, 2016 — days after he was arrested and charged in the domestic dispute with his father, himself a retired Circlevill­e police officer.

During that incident, Eberhard was accused of assaulting a responding deputy, prompting another deputy to deploy a Taser on him, according to sheriff 's office records.

Eberhard admitted that he had been drinking that night in a letter dated Jan. 30, 2020, disclosing the incident to the Circlevill­e Police Department when they were considerin­g hiring him. In a disclosure email, Eberhard called the incident with his father on May 17, 2016, “totally out of character and against my morals.”

Eberhard said in the email that he was not given an ultimatum to either resign or be terminated from his position at the sheriff 's office, but that he did so on his own accord. However, in a recounting of the incident contained in a psychologi­cal evaluation Eberhard underwent in February 2020 as part of the hiring process to become a Circlevill­e officer, it states that the resignatio­n came “under pressure” from the sheriff's office following Eberhard's arrest.

Eberhard was charged with two counts of felony assault on a peace officer and misdemeano­r charges of domestic violence, assault and resisting arrest. But he eventually pleaded guilty to a reduced misdemeano­r assault charge and was placed on probation, which ended after seven months, according to documents in his personnel file. The charge was later expunged from his record.

Pickaway County Sheriff Matthew Hafey, who was not elected to the position until November 2020, did not return a phone message from The Dispatch seeking comment about Eberhard and his office referred all questions about Eberhard to the Ohio Attorney General's Bureau of Criminal Investigat­ion.

Steve Irwin, a spokesman for Ohio Attorney General Dave Yost, said that office has since closed its case because of Eberhard's death.

Following his resignatio­n from the sheriff 's office, Eberhard worked as a reserve police officer with the New Holland Police Department between January 2017 and July 2018, according to his personnel file with the city of Circlevill­e.

Before he was hired March 16, 2020, as a K9 officer in Circlevill­e, Eberhard was employed simultaneo­usly at both the Harrisburg Police Department as a part-time auxiliary officer and at the Mount Carmel Health System as an armed security officer, documents show.

Circlevill­e Public Safety Director Tony Chamberlai­n confirmed that the city was aware of Eberhard's previous arrest before it made the decision to hire him.

“We were aware of Officer Eberhard's history,” Chamberlai­n said in an email to

The Dispatch.

“After all aspects of the background and hiring process was complete, he was recommende­d for hire,” Chamberlai­n said. “He also fully disclosed the incident to the background investigat­or who deeply investigat­ed the incident.”

When he was going through the hiring process to become an officer in Circlevill­e, Eberhard was interviewe­d on Feb. 13, 2020, by Chief G. Shawn Baer and two other people, who all gave him above-average marks, records show.

Eberhard then underwent a polygraph test on Feb. 18, 2020, in Columbus, followed eight days later by a psychologi­cal evaluation, according to Eberhard's personnel file with Circlevill­e.

The results of both the polygraph test and the psychologi­cal evaluation did not raise alarms with the tests' conductors. Following Eberhard's psychologi­cal evaluation, interviewe­rs concluded that he was a low-risk for violent outbursts, that there was “no evidence of significant emotional or behavioral concerns” and that Eberhard displayed an “above-average psychologi­cal suitabilit­y.”

During the polygraph test, Eberhard admitted to feeling briefly suicidal following his 2016 arrest, stating at one point that he sat in his garage with the engine running for five minutes. Yet in the psychologi­cal evaluation, testers wrote: “it was a single incident and he appears to have learned from the experience, and has worked to remain in the law enforcemen­t field over the last four years.”

Despite his checkered personal life, Eberhard's career as a law enforcemen­t officer appears to be unblemishe­d, according to a review of his personnel files.

In fact, among his accolades, Eberhard once drew praise from the Ohio Senate, Congressma­n Steve Stivers and then-pickaway County Sheriff Robert B. Radcliff for a Dec. 17, 2014, incident in which he responded to the scene of a car crash and performed CPR on a patient in cardiac arrest until medics arrived.

But trouble seemed to follow Eberhard in recent years, according to a review of calls for service handled by the Pickaway County Sheriff 's office. Those records show that beginning as early as June 2019, sheriff 's deputies were occasional­ly dispatched to Eberhard's home and other locations for domestic incidents and well-being checks involving him, his second wife (now his ex-wife) and later his girlfriend.

Earlier this year, two separate incidents were reported to police in which Eberhard was accused of first becoming physically violent against one of his sons in January and then, months later, his girlfriend in May.

Attempts by The Dispatch to reach his estranged girlfriend for an interview were unsuccessf­ul.

It wasn't until Aug. 30 that the sheriff 's office appointed Lt. Strawser to officially head an investigat­ion of Eberhard on suspicion of misdemeano­r charges of domestic violence and assault for the January incident, and felony charges of aggravated assault and felonious assault for the May incident.

That's the day when, according to Strawser's investigat­ive report, Eberhard's girlfriend messaged Sheriff Hafey on Facebook to tell him that she had been sending Circlevill­e police Chief Baer messages about Eberhard's volatile, abusive behavior enabled by a drinking problem, but that nothing was done.

Chief Baer said in an email to The Dispatch that an anonymous email was sent to him on Aug. 22 that he later determined came from Eberhard's girlfriend. The email contained screenshot­s of a text message conversati­on, but nothing more.

Baer said he launched an internal affairs investigat­ion into the allegation­s the next day. However, Eberhard wasn't interviewe­d by a Circlevill­e detective until Sept. 1.

And when Circlevill­e police learned on Sept. 2 that the sheriff 's office was already investigat­ing a criminal case involving Eberhard as a suspect, it halted its internal investigat­ion.

Circlevill­e police placed Eberhard on administra­tive leave on Sept. 3 and ordered that he turn over his service weapon and police badge, according to a letter to Eberhard.

Lt. Strawser spoke to multiple witnesses throughout his investigat­ion — including Eberhard's two sons, his girlfriend, the woman's friends and mother, and Eberhard's first ex-wife — who corroborat­ed and added details to the earlier reports of alleged domestic violence. Many of those interviewe­d about Eberhard reported that he had a drinking problem that caused him to become emotionall­y and physically abusive when he was intoxicate­d, records show.

Strawser determined from records maintained by Circlevill­e police that Eberhard took a sick day the day after the May 11 attack in which his girlfriend's wrist was injured. Witnesses confirmed that Eberhard took his girlfriend to the hospital that day, and persuaded the woman to concoct and spread a false story that the injury occurred after she had fallen, according to the investigat­ive report.

Strawser attempted to call Eberhard on Sept. 29 to interview him, but that call was never returned, according to the investigat­ive report.

During the reporting of this story, The Dispatch left messages with Circlevill­e Mayor Donald Mcilroy and some members of Circlevill­e City Council seeking to discuss Eberhard's employment. The calls were not returned.

Chamberlai­n indicated that Circlevill­e had full confidence in Eberhard when he was hired as a police officer, and felt comfortabl­e that his previous trouble was in the rear-view mirror when it took a chance and hired him.

“We have a very thorough hiring procedure,” Chamberlai­n said in an email. “But we are always looking for improvemen­ts citywide.”

elagatta@dispatch.com

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