All three were paid not to work.
It started on Dec. 20, 2023, when former police Chief David Birk, who worked in the department for 26 years, five as chief, was placed on paid administrative leave and months later signed a voluntary separation agreement.
Then last month, Deputy Chief Andy Warrick was placed on paid administrative leave amid an ongoing internal investigation, Middletown police officials confirmed.
The internal investigation is conduct-based, though police officials could not confirm the details of the investigation.
This month, a Middletown police officer faced misdemeanor dereliction of duty charges related to a Jan. 3. incident, according to Butler County court records.
Officer Jamie Patterson is facing a charge of reckless behavior and a charge of negligence, according to a grand jury report.
Middletown Police Chief Earl Nelson has referred all questions to Ken Brown, the city’s communications manager. Brown said the city is aware of the incident involving Patterson, however, the city doesn’t comment on pending legal or personnel matters.
“We are committed to being as transparent as possible while preserving the integrity of both the internal review and the legal process,” the statement read.
Former Middletown police chief Rodney Muterspaw urged residents not to take their frustrations regarding the three investigations out on the patrol officers.
“We need the public to support these police officers,“ Muterspaw told the Journal-News. ”It’s frustrating and every chief goes through this. You just have to manage it as best as you can and be as transparent as possible."
More information needed
Transparency was an issue when Birk signed his separation agreement and during the continuing internal investigations into Warrick and Patterson.
There have been more questions than answers.
City Council unanimously approved a voluntary separation agreement March 5, 2024 between Birk and the city, ending a nearly three-month paid administrative leave with no reason given as to why.
The statement from the city said the agreement was to “amicably end the chief’s employment relationship.”
The city said it had not found the chief guilty of any wrongdoing, and he was not being asked or forced to resign.
His resignation was effective at the end of 2024 in order for the city to name his replacement. He served most of 2024 as a consultant.
The separation agreement didn’t explain why Birk was placed on leave, and city officials have refused further comment.
Instead, the deal set rules to prevent either side from saying anything disparaging about the other.
Credit: Nick Graham
Credit: Nick Graham
Deputy chief remains on leave
Warrick, who remains on paid administrative leave, works as the deputy chief for the operations division, covering communications, police records and the jail.
He joined the Middletown police department in September 2002 as a patrol officer. In 2007, he was appointed police sergeant, leading to his promotion as lieutenant in 2017.
On New Year’s Day 2018, Warrick was appointed major and deputy police chief.
In April 2024, Warrick, a 1981 Edgewood High School graduate, was named acting chief following the retirement of former acting chief Major Eric Crank.
Deputy chiefs Malcom Tipton and Earl Nelson and Warrick tested for the chief position and Nelson, a 19-year veteran, was named chief on Aug. 6, 2024.
Officer to appear in municipal court
Patterson was charged with reckless behavior that refers to a heedless indifference to consequences; negligence refers to the breach of duty of care, according to Butler County Prosecutor Mike Gmoser.
FOX19 reported Patterson allegedly allowed a handcuffed teen to be whipped with a belt by his step-grandfather after responding to a domestic incident.
Gmoser told the Journal-News he did not authorize the release of that information and declined to confirm whether the information reported by FOX19 was accurate or comment further on the details of the investigation.
Patterson’s case was presented to a Butler County grand jury, who declined to indict on the two charges. The case will be returned back to Middletown Municipal Court for legal proceedings.
Patterson joined the Middletown police department in 2021 due to the murder of George Floyd, she told the Journal-News at the time.
She wanted to change the public’s perception of policing, which she said gets a “bad rap.”
About the Author
