A bench trial before Judge Dan Haughey was set for 8:30 a.m. July 30. The case was originally scheduled to be tried on April 28, but was continued at the request of Bennett. Rogers has entered a not guilty plea.
The charge carries a maximum sentence of up to 30 days in jail and a $200 fine.
Investigators and witnesses say Rogers 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 about 7:15 a.m. 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 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.
Liz 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.
“She stated at no point did she mention anything about being a police officer or carrying a firearm,” Officer Dustin Parrett wrote in the investigative report.
In a statement written by Ohmart less than a couple hours after the incident, he said, “She flashed a badge and said I am a police officer and I need to secure a weapon. I will let you hold my license and badge if you follow me to my house, which (I) agreed to because that is our company policy if we have a repo order for an officer.”
Ohmart said when he told Trent Rogers that he had to tow the car if he could not provide proof of payment, Trent Rogers said, “You’re a cool guy don’t make me go inside and get my gun. He saw the tow truck and ran inside and went running into the garage to shut it.”
Stumpf said in his statement to police he spoke to Trent Rogers, “who stated the badge is legit and that he was not releasing the car.”
Bob Mortimer, an investigator for the Butler County Prosecutor’s Office, also filed a report that is a part of the court file that indicates the repo assignment was made to National Asset Recovery on Feb. 5. Mortimer’s report also states payment on the Mercedes was made on March 17, but after the repo incident.
Bennett previously told this newspaper there is no proof that his client impersonated a police officer, just statements from police and others involved. When the payment on the Mercedes was made, he said, has noting to do with the charge against Rogers and is a “red herring.”
Bennett pointed out the car was not repossessed, and he does not consider Ohmart a creditable witness.
Rogers has also filed a theft report with West Chester Police stating $800 was stolen from her wallet on March 17, allegedly by Ohmart, according to Bennett.
“Mrs. Rogers never mentioned a firearm and never displayed a badge and never said or presented herself as a police officer,” Bennett said.
Bennett left the courtroom today without comment.
Rogers is best known for her Mahogany’s restaurant, which once had locations in Hamilton and at The Banks in downtown Cincinnati. She has made headlines over the past year due to the restaurant’s financial challenges, including an inability to pay rent on time to the landlord. Mahogany’s closed its doors at The Banks for good on Sept. 12.
In March, Cincinnati City Manager Harry Black forgave $200,000 of a $300,000 city loan given to Rodgers to open Mahogany’s in 2012. Under a new deal, the remaining $100,000 will be paid in monthly installments of $800 per month over the next 10 years.
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