September 21, 1999
Report's best theory: Neff lost his gun
By Jefferson Wolfe
Staff Writer
An outside agency says it cannot determine definitely how the sheriff's gun was found at a street corner late last month, but also says there was no evidence of criminal intent.
Lt. Pat Kelly of the Athens County Sheriff's Office and Corp. David Hickey of the Vinton County Sheriff's Office conducted an investigation on behalf of the Buckeye State Sheriffs Association. A gun belonging to Sheriff H. Weldin Neff was found Aug. 21 at the intersection of Riverside Drive and Jefferson Street.
"Concerning the theory of the firearm falling from the top of Sheriff Neff's cruiser: While we cannot definitely prove or disprove this theory, based on our reconstruction of the events preceding the firearm being located, it is our personal opinions that this theory most likely took place," the report stated.
That same night, the report stated, there was an airplane crash in Sandusky County, near Kansas. Neff went to the crash site, because it originally was reported that it had happened in Seneca County.
"It is our opinion that Sheriff Neff, in his response to a serious situation, the airplane crash on CR 62, exited the sheriff's office, may have placed his briefcase and duty weapon with holster on top of his cruiser to unlock the cruiser door. It appears he then placed his briefcase in his cruiser after leaving his duty weapon on top of his cruiser," the report stated.
According to the report, on his way the the plane crash, Neff passed that intersection, initially going south on Jefferson Street and turning right on Riverside Drive, where the gun fell off the cruiser.
"I don't know that that happened," Neff said in a Monday press conference. "It is highly unlikely that I did that."
"We can find no physical evidence that will support the theory that an individual entered the sheriff's office of cruiser and removed the firearm," the report stated.
The sheriff had speculated that a person interested in discrediting Neff took the firearm from his vehicle and left it at the street corner.
The report stated Neff could not determine positively the last time he had the firearm. He believed it was the day before it was found at the street corner.
"As to what really happened, I don't know, and maybe we'll never know," Neff said.
The BSSA report states that the investigators reserve the right to future evidence. Neff said the investigation is not closed and anyone with information can contact his office.
"We're after the facts and we're after the truth," Neff said. "I think they feel they have gone as far as they can go without further evidence."
The sheriff's office fingerprinted the weapon and the holster in which it was found. Lt. James Browning said it had no usable fingerprints. The BSSA investigators reported seeing the fingerprint data, but left the information with Browning.
Neff said the weapons had been handled by so many people -- including himself, the woman who found it at the street corner, the officer she received it from and Browning -- that fingerprint evidence may not be very strong.
"It doesn't seem like it was handled like evidence from the very beginning," he said.
It was not until days after the weapon was found that Neff was sure it was his, he said. He backtracked his steps until he confirmed with Browning the weapon was his a few days later.
County Prosecutor Kenneth Egbert Jr. said with the results of this investigation finding no criminal intent, it would appear that no other agency, such as the bureau of Criminal Identification and Investigation, will become involved.
Neff and Egbert had disagreed as to whether the BSSA or BCI should conduct the investigation. Neff contacted BSSA first, and BCI said it would wait for the results of the BSSA investigation.
Egbert said with the allegations that someone from within the sheriff's office stole the gun from Neff's cruiser, he felt an outside agency should perform the investigation.
Browning, who is the internal affairs officer, initially was assigned to investigate the matter, before it was turned over the BSSA.
Neff said he has re-qualified with the weapon and has taken weapons handling training with the sheriff's office armorer, Lt. Charles Bates.
Neff also has sent a letter to the county commissioners, requesting increased security measures at the sheriff's office.
The items he has requested include:
- Security cameras for the outside perimeter of the sheriff's office. He said this could have shown whether or not he left the gun on his cruiser that night and also would provide greater security for the office.
- A safe locking device for weapons going into the administrative area of the sheriff's office. This would provide a secure place for Neff and to store his gun when he enters the facility.
- Twenty electric shotgun racks to place in cruisers. Neff said the deputies will be required to keep their weapons locked in the cruisers. They cost $245.99 each.
- An enclosed parking pad for the cruisers at the south part of the building.
- A chain-link security fence.