The prosecution also extended an offer for Rogers to participate in a diversion program and set Sept. 1 as the deadline to file paperwork for participation in that program.
In June, Bennett indicated the misdemeanor case could not be resolved without “litigation.”
Again on Tuesday Bennett said, “I believe right now we will go to trial.”
Bennett maintains Rogers did nothing wrong, but said he would discuss the formal offer for diversion with Rogers. Ultimately, it is her decision whether to accept the offer, he said.
As part of diversion, there would be an admission of guilty, usually a class and likely community service and a fine, Bennett said. After the program is completed, the charge would be expunged from Rogers’ record.
But Bennett said he doubts Rogers is going to accept responsibility for something she did not do. He also said he does not believe those who made the allegations are creditable witnesses.
The charge carries a maximum sentence of up to 30 days in jail and a $200 fine.
Investigators and witnesses say Rogers back in March flashed a police badge at a repo man and told him to follow her to her residence so she could secure her firearm when a repossession of her 2007 Mercedes was attempted, according to court documents.
According to the West Chester Police report, Justin Ohmart of Cincinnati, who works for National Asset Recovery Specialists, was attempting to repossess a vehicle at about 7:15 a.m. on March 17 at a gas station on Hamilton-Mason Road when the driver of the vehicle, identified as Rogers, stated she was a police officer. The car is registered to her husband, Trent Rogers.
Ohmart stated to police that he blocked the vehicle in with his and asked Rogers if she was the wife of the registered owner. Rogers stated that she was, according to the investigative police report.
“She requested Ohmart follow her back to her residence and allow her to secure a firearm. Rogers then identified herself as a police officer to Ohmart and handed him a black billfold. She stated Ohmart could hold her license and badge as collateral,” the investigative report states. In the wallet was a silver badge with the markings “Cleveland Police.”
When Ohmart and Rogers arrived at the Liberty Twp. home, she stated she needed her wallet back for work, and Ohmart said he could only do that if she gave him the keys to the car. Rogers stated she would allow Ohmart to talk to her husband about the issue.
Trent Rogers indicated he had made a payment on the vehicle the day before by check, however, he was unable to provide proof, according to the police report.
“Don’t make me go inside and get my gun,” Trent Rogers then said, according to the report, and went inside and shut the garage door.
Ohmart called 911 when his co-worker, William Stumpf, arrived with the tow truck, according to the report.
Rogers told police she gave Ohmart the license and badge in good faith. She said the badge was one that her entire family received after her sister was injured in the line of duty and that she always carries it with her, according to the report.
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