By Stephanie Warsmith
Beacon Journal staff writer
The money donated to Shop With a Cop was supposed to go toward Christmas gifts for low-income children in Summit County.
Instead, former Richfield officer Michael Simmons spent thousands of dollars from the program on personal items, including sporting-event tickets, clothing, tools, electronics and gift cards.
Simmons, who previously pleaded guilty under an agreement with prosecutors to grand theft, a fourth-degree felony, was sentenced Thursday to two years of probation and ordered to pay $15,000 in restitution to the Richfield Fraternal Order of Police (FOP).
Summit County Common Pleas Judge Alison McCarty also sentenced Simmons to 18 months in jail, but suspended this sentence on the condition that he completes his probation and pays the restitution by March 15. She also required him to complete 500 hours of community service.
“With everything going on, the last thing any police department needs is one of its own stealing from a program like this,” McCarty told Simmons. “You should be building good will. Instead, you destroyed it.”
Simmons, 42, of Stow, was fired Oct. 31 from the Richfield Police Department. He was hired in 1999.
Richfield Chief Keith Morgan said the amount Simmons stole from the program was higher — totalling more than $26,000. The chief was hoping Simmons would be required to repay the full amount, but the program’s lax bookkeeping made it difficult to pin down exactly how much was stolen and how much went to legitimate purchases. The restitution amount represented what could be agreed to by prosecutors and Mark Guidetti, Simmons’ attorney.
Simmons was charged with a felony count of theft in office in May. He was on leave without pay until his termination.
Morgan spoke at Simmons’ sentencing, detailing the officer’s involvement in 2003 with starting Shop With a Cop, which involves officers raising money for gift cards for underprivileged children to buy Christmas presents. He said Simmons received an award from the Ohio Attorney General’s Office for his efforts in 2005. He said the program grew, reaching its peak in 2013 when officers from 40 law enforcement agencies served about 500 area kids. Last year, about 25 agencies assisted 300 children.
Morgan said Summit County residents and businesses supported the program, donating tens of thousands of dollars. Richfield companies have asked him whether their contributions reached the intended recipients and he had to tell them it was a “possibility they did not.”
“Anytime a donor is approached now, they may think twice or choose to give it elsewhere,” Morgan said.
The Richfield FOP conferred with the Ohio Attorney General’s Office to determine how the restitution should be distributed. The attorney general’s office said the money should be given to nonprofit organizations that serve children in Summit County. The FOP decided to give the funds to the Battered Women’s Shelter, Ronald McDonald House, Toys for Tots, WQMZ (94.9-FM) Tree of Lights, and Community Health Center.
Assistant Summit County Prosecutor Ty Graham said Simmons has no prior record and he recommended probation. Graham said his office eventually would support the expungement of Simmons’ record.
Guidetti, a Cleveland attorney, said Simmons is a husband and father who had a good reputation in the community, including as a coach.
“I believe this is an isolated incident,” he said. “He will not be working as law enforcement anytime in the near future.”
Simmons chose not to speak during his sentencing and declined comment afterward through his attorney.
McCarty pointed to a statement Simmons made in his pre-sentence investigation in which he said he put so many hours into Shop With a Cop, he thought the program owed him money.
“Then, it wasn’t really a charity,” McCarty said. “You weren’t giving back if you felt like you had the right to take.”
After the sentencing, Guidetti said Simmons’ goals now are to find a job and work to pay the restitution.
“We all want to move past this,” Guidetti said.
Stephanie Warsmith can be reached at 330-996-3705, swarsmith@thebeaconjournal.com and on Twitter: @swarsmithabj .