Former Prosecutor Charged With Misconduct
A former Delaware County, Ohio Assistant Prosecutor has been charged by Ohio Disciplinary Counsel with misuse of the state Law Enforcement Gateway (“OHLEG”)
In or around December 2021, respondent discovered that his then-wife, Shelby Burkett (“Shelby”), was using online dating applications.
Nathanial Marceau (“Marceau”), who believed that respondent and Shelby were going through a divorce, connected with Shelby on a dating application and was spending time with her.
Respondent learned that Marceau and Shelby were spending time together.
Respondent and Marceau did not know each other.
Around the end of December 2021, respondent found Marceau’s Facebook page and sent Marceau an unsolicited Facebook message.
In the message, respondent advised Marceau that respondent and Shelby were not previously getting divorced, but they were now.
On December 30, 2021, respondent sent [Chief Prosecuor] Bean-DeFlumer a text message advising that he was planning to tender his official resignation the following day.
Later that day, during an in-person conversation, respondent told Bean-DeFlumer that an acquaintance informed him that Shelby was using online dating applications, and he planned to move home to Alaska with his family.
Respondent then tendered his letter of resignation to Bean-DeFlumer.
On January 3, 2022, respondent rescinded his resignation and reached an agreement with the City of Delaware allowing him to work remotely.
On January 6, 2022, respondent used OHLEG for non-criminal justice purposes to run a search query for “Nathanial Marceau.”
After conducting the OHLEG search query, respondent viewed Marceau’s driver’s license database, which provided him with Marceau’s social security and driver’s license numbers.
On or around January 16, 2022, respondent sent text messages to Marceau’s personal cell phone.
In the first message that respondent sent to Marceau, respondent instructed Marceau, “Do not ever go back into my house at 1021 S. Old 3C Rd., Sunbury, Ohio.”
Respondent also reached out to Marceau’s ex-wife on Facebook.
Finally, between January 10, 2022, and January 15, 2022, respondent called Marceau’s
parents on two occasions.
Marceau’s parents did not answer respondent’s call the first time.
The second time respondent called, Marceau’s parents answered, at which time respondent asked Marceau’s parents to tell Marceau not to contact Shelby.
Respondent’s conduct concerned Marceau because Marceau knew that respondent was a prosecutor, and Marceau did not know the limitations of respondent’s authority.
On January 24, 2022, based on information that she learned from one of her employees, Delaware County Prosecutor, Melissa Schiffel, contacted Bean-DeFlumer and suggested that she audit her employees’ OHLEG use.
Bean-DeFlumer called respondent to ask him about the allegation, but he denied that he inappropriately used OHLEG.
Respondent admitted, however, that he did run an OHLEG search of a male who was at his house.
Respondent told Bean-DeFlumer he believed that it was an appropriate use of OHLEG because respondent previously issued a trespass notice to this individual.
Respondent, however, never issued a formal trespass notice to Marceau. Rather, as stated in paragraph 22, respondent instructed Marceau to “not ever go back” to respondent’s house.
After an audit of OHLEG use, Respondent admitted he had used it to try to save his marriage.
He resigned and was charged
On September 11, 2023, respondent entered a plea of guilty to an amended charge of attempted unauthorized use of property, a first-degree misdemeanor, and the court ordered him to pay a fine.
(Mike Frisch)