Ohioans For Concealed Carry continues to receive requests for updates on problems with Shelby Co. Sheriff Kevin O'Leary and Jeffrey Billiel, editor of Brown Publishing's Sidney Daily News. In recent weeks, we have received information about Miami Co. Prosecutor Gary Nasal's "investigation" that is deeply discouraging.
Before that, some background:
On June 17, Nasal was appointed special prosecutor by Shelby Co. Court of Common Pleas Judge John D. Schmitt, to look into possible criminal violations by Shelby Co. Sheriff Kevin O'Leary and Sidney Daily News editor Jeffrey Billiel, a Brown Publishing Co. employee.
Earlier that month, Sheriff O'Leary responded to a public records request from Billiel by releasing the protected, private information about concealed handgun licenseholders. Billiel then published the protected information in the Sidney Daily News.
Under Ohio law, the release or dissemination of information beyond name, county of residence, and date of birth is considered a felony, and is subject to a $1000 fine, as well as civil action by each of the 85 individuals who were violated.
In the days following the actions of the Sheriff and newspaper editor, at least ten Ohio Concealed Handgun License-holders contacted OFCC for advice on seeking legal recourse for damages related to the release of their private, protected information. These people were referred to Attorney Ken Hanson with the firm of Firestone and Brehm, Ltd., for legal help.
Gary Nasal was appointed to investigate allegations that Sheriff O'Leary "did release or otherwise disseminate records that are confidential under Ohio Revised Code Section 2923.129(B)(1), and against the peace and dignity of the State of Ohio, a fifth degree felony." The investigation is also examining charges that O'Leary committed dereliction of duty and violated the civil rights of the 85 license-holders whose private information was disseminated. Those crimes are misdemeanors of the second and first degree, respectively.
As we will document below, there is 100% proof that the violation occurred, yet the "investigation" by Gary Nasal has been stalled for nearly six months.
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