UPDATE: Garvey Acquitted

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UPDATE: Garvey Acquitted

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WTAP News
Posted: 10:33 PM Aug 28, 2008
Last Updated: 5:17 PM Aug 29, 2008
Reporter: Lauren Keeling
Email Address: lauren.keeling@wtap.com

10 comments

A | A | A

A sigh of relief was heard throughout Judge Ed Lane's courtroom in Washington County Thursday after he acquitted former Belpre Police Sergeant Dave Garvey of four separate felony charges.

The the reaction of the people in the courtroom gallery was joyful after Judge Lane announced that all four counts against Garvey would be dropped.

Garvey was on trial for felony charges of obstruction of justice, theft in office, tampering with evidence and bribery all stemming from two incidents in 2004 and 2007.

Testimony began in the trial Wednesday.

The prosecution tried to convince the jury that Garvey followed improper procedures, while the defense claimed the police department was simply trying to stop Garvey from being promoted.

Thursday afternoon defense attorney Dennis Sipe asked for a directed verdict of acquittal, which means Judge Lane would render a decision based on the case, eliminating the jury altogether.

Ultimately, Lane agreed to the directed verdict, and acquitted Garvey of all four charges.

Garvey is retired from the police department. His lawyer, Sipe, says he does not know whether or not Garvey will return to law enforcement.

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Comments are posted from viewers like you and do not always reflect the views of this station.

Posted by: Sabaka Location: Belpre on Sep 5, 2008 at 01:57 AM
George, my posting should have read Vietnam era veteran. In my military experience enlisted people went where we were assigned. My point should have been that Garvey subjected himself to the same chance as any other enlistee or draftee that he would be put in harms way. I cannot say what Garvey’s assignment was, neither can you. As I remember that time, if a person chose to evade the military experience it could be easily done. He chose to serve his country, and I suspect it was not for the $78 per month we were paid as a starting salary. I have the greatest respect for military veterans. A point you may remember, many of us had assignments in the military that are not to be discussed. DD214’s verify military service but do not necessarily portray accurately the details of that service. Thank you George, for your service to our country, and please pardon the rest of us military veterans that do not measure up to the sacrifices you have made. God bless America!

Posted by: George Location: Belpre on Aug 30, 2008 at 12:11 PM
Sabaka - On another posting you said Sgt. Garvey is a Vietnam veteran. You apparently know him well enough to tell us EXACTLY where and when he served. I am sick to death of people trying to pass themselves off as "war heroes" when ALL THEY DID WAS A MILITARY STINT DURING A WAR and may not have even set foot in the war zone. This discredits those who were actually in harm's way. Thank You

Posted by: unknown Location: belpre on Aug 30, 2008 at 11:44 AM
To WHAT..... well you should have been in the court room and you could have seen how bad the Belpre Police Department looked.... The evidence they claimed they had, well they didnt have it and they ( the Prosecution ) hurt themselves and they made the case for Garvey and his lawyer tore the witness testimony from prosecution apart and the Belpre Police came out looking like a bunch of idots....

Posted by: WHAT? Location: little hocking on Aug 29, 2008 at 03:15 PM
To unknown YOU ARE AN IDIOT!

Posted by: heather on Aug 29, 2008 at 02:59 PM
I have known Garvey for aleast 17 yrs. I always thought he was pretty shady. I know people who have said he has done them "favors." I knew that Garvey wouldn't face jail time. Do any police officers face jail time for bad behavior? I'd like to have a shirt made up that reads "BAD COP NO DONUT!!!!!" Just remember that if a normal, tax paying, hard working citizen did this crime, they would be in jail. So if you're stuck with the same charges as Garvey, try it the "GARVEY WAY." You might go free. Sorry Garvey. I believe that you do the crime, you do the time.

Posted by: Robert C. W. on Aug 29, 2008 at 01:15 PM
If there was no evidence against Garvey then why did he choose to have his fait decided by Lane rather than a jury. i'll tell you why, it's obvious that Garvey knew that by facing a jury he would lose his case and become a convicted felon. This man mishandled evidence and was involved in the THEFT of narcotics from his own station. I have personally seen this man in the limelight on many occasions and everytime I've seen him he looked higher than a kite. And you mean to tell me that this man is a law obiding officer of the law? This man is no different than any else of us and just because he had a badge he is automatically immune to the judicial system? This is utterly rediculous. Let myself go out and get indicted on four felony charges of the same exact degree and see if one of them gets dismissed let alone ALL four. Something has to be done about this "immunity" these officers are no different than us and It's unfair that there job title keeps them out of harms way.

Posted by: unknown Location: corrupt Belpre on Aug 29, 2008 at 10:59 AM
Sabaka you are right and so much more... Belpre needs to be cleaned up and the people in that town need to stand up and scream and yell until the mayor does something. There was no evidence that Garvey did anything and Walker, Fields and Williams lied and did not have anything on him except for head hunting him. Walker has always been allowed to head hunt and nothing was done as people would just walk away, but this I think he is seeing that he can not lie on the stand and make up a story and expect it to work without having the evidence to back it up.... The sad part is the money that was waisted on this trial and there was no evidence at all, someone needs to be accountable for that other than the tax paying people, maybe the Belpre trio would like to pay for it, what do you think ?

Posted by: Robert C. W. Location: Marietta, OH on Aug 29, 2008 at 10:01 AM
It goes to show you the type of show the Marietta Court System is running. Law enforcement officers can get away with anything in this town that's not murder, it's rediculous. Let's think logically here if this were a middle aged black man carrying these same exact charges, wearing an Obama t-shirt at the time of his arrest, would he have been aquitted in ohio's oldest city? NO. Why? because Marietta Ohio is a town still stuck in it's 1800's era. Clear the streets of as many minorities as possible and leave the criminal committing police officers to roam about as if they have attained permanent amnesty. Out of respect for Judge Lane I am not chastising him for his decision but Judge I bet if we did a survey of minorities arrested for the same crimes as whites I can assure the aquittal rate is much less, if there are even any. It's time to stop this predjudice in the mid ohio valley. When there is as much evidence as there was against this officer an aquittal isn't justifiable at all.

Posted by: justice?YEAH RIGHT on Aug 29, 2008 at 07:45 AM
This is disgusting, I think some outside investigation needs to go on here. The people of this county are so sick of the JUDGES,and POLICE who think they can do what ever they want. Of course garvey had Lane decide his case Lane is a CROOK to. If he had the PEOPLE of this county deciding his fate Garvey would be so far under the jail. Maybe its time for the people of this county to take it back from all of these people who think they are above the law. People like Lane and Garvey!

Posted by: unknown Location: parkersburg on Aug 29, 2008 at 01:06 AM
i think we all know if it was any other "normal citizen" justice would have prevailed!hopefully he will ask for forgiveness before he has to answer to a nswer to a much higher power

Posted by: Sabaka Location: Belpre on Aug 29, 2008 at 12:56 AM
I have known Dave Garvey to be as honorable as any employee or elected official with the city of Belpre for the entire time he has been on the Belpre PD. My contact has been on a professional basis when he was working on investigations and I found him to be knowledgeable, thorough and professional. It is apparent how difficult it would be to compete with him for a job. This Mayor demonstrates the lack of ability to determine right from wrong and to understand he is not above the law. The City of Belpre is facing civil penalties because of poor judgment and this is not the only instance. Dave Garvey is due everything possible to restore him to the status he held before this fiasco began. Shame on Fields. He should go and it should not take a petition to make that happen. If he will blindside Garvey, he would blindside those he paid to protect and serve.