Retrieval of stolen firearm from Police

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Retrieval of stolen firearm from Police

Postby Bly » Mon Aug 21, 2017 8:14 pm

Quick Synopsis
Approx 3 months ago I had a firearm stolen from me (Glock 23), it was reported to my local police dept immediately.

Approx 2.5 weeks ago my local police dept stopped by informing that Elmwood Place Police had recovered my stolen Glock and I need to contact Elmwood police directly. I was informed by my local PD that someone was arrested for felony “Receiving stolen property”.

I called several times over the first couple days, Elmwood PD is tiny and they almost never answer the phone, I left several voice mails over the first couple days. Finally on day 4 I was able to talk to a dispatcher who informed only the Chief of Police Eric Bartlett handles stolen firearms and he was on vacation for the next 10 days, I would need to call back after 8/17 and ask for him. Since 8/17 I have called and left 2 messages with my info and cell number, no return calls.

I’m just trying to find info on the status of my firearm and if needed offer any details on the firearm or proof of ownership, but the police won’t even call me back.

Is it time to file a freedom of information request for all documentation related to the recovery of my firearm, it’s status, and Elmwood places procedures for recovering the firearm? I can’t think of anything else to do. What would you do if a police dept was ignoring requests for simple information. I realize I might not get the Glock back if it's evidence in a case until the case is finished, but I can't even get Elmwood Place PD to confirm they have the firearm, it's status, etc.

Thoughts?
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Re: Retrieval of stolen firearm from Police

Postby Javelin Man » Mon Aug 21, 2017 8:16 pm

Sounds like contacting the Wood County prosecutor for information as well as Clerk of Courts. Perhaps one can get a judge to issue an order to return your firearm. An order is hard to ignore.
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Re: Retrieval of stolen firearm from Police

Postby Bly » Mon Aug 21, 2017 8:24 pm

Elmwood Place is a tiny village located in Hamilton county ohio. They have a mayors court from what I can see, but not a municpal court, so I have the feeling the case might go to Hamilton County Prosecutors office as Mayors courts only do traffic, not felony cases. The PD has a total of just 8 full and part time officers, the total village is just 0.32 square miles. It's a tiny PD, blink and you can miss it.
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Re: Retrieval of stolen firearm from Police

Postby Javelin Man » Mon Aug 21, 2017 8:35 pm

Sorry, I was thinking about just Elmwood. :oops:
Famous last words: "I just drank What?!-Socrates

bruh bruh is slang for "complete and total moron" -sodbuster95

The following is a list of children's books that didn't quite make it to the printing press...
1. What Is That Dog Doing to That Other Dog?
2. Daddy Drinks Because You Cry
3. You Were An Accident
4. Bi-Curious George
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Re: Retrieval of stolen firearm from Police

Postby JediSkipdogg » Mon Aug 21, 2017 9:16 pm

First of all it's a sunshine request and not freedom of information. Freedom of information is federal government only.

Now with that said, if they are ignoring your firearm request they may ignore your public record request as well. The advantage though is the ORC grants you money for them ignoring your record request.

I would go in person during regular business hours and see what happens. Unfortunately in small departments like that they can often ignore phone calls. It is hard to ignore someone in person. I'm not sure where you are coming from if it would be a short or long drive. I work for a Hamilton county agency and can help you quite a bit with who to contact in different cases. Just let me know how you want to proceed and I'll PM you what I can.
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Re: Retrieval of stolen firearm from Police

Postby WestonDon » Mon Aug 21, 2017 9:27 pm

If it were me I believe I would go to Elmwood Place and find somebody to talk to in person. But that's just me.
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Re: Retrieval of stolen firearm from Police

Postby Brian D. » Mon Aug 21, 2017 10:17 pm

Elmwood Place is tiny, broke most the time, and only plays by the rules of the Ohio Revised Code if people push the issue. They are one of the towns who were financially crippled when they had to take down their speed cameras a few years back, it was their main revenue stream.
If the OP wants to send me a PM, I might be able to help. Don't wait too long, lest that Glock mysteriously disappears from their property room.
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Re: Retrieval of stolen firearm from Police

Postby Werz » Mon Aug 21, 2017 11:12 pm

Contact the prosecutor's office. Ask if the case has been submitted to them. If so, ask if the firearm can be returned to you after it has been test-fired (to establish operability), properly photographed (serial number, identifying marks, etc.), and if necessary, wiped for DNA. The prosecutor can file a Criminal Rule 26 motion to substitute photographs for physical evidence. If the judge signs it, the firearm can be returned to you.

It's not as simple as everyone thinks, but if you press for the necessary things to be done, it can be accomplished.
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Re: Retrieval of stolen firearm from Police

Postby Brian D. » Tue Aug 22, 2017 5:43 am

Do what Werz suggests. Elmwood Place may obey an order from a judge in downtown Cincinnati. When they got sued over the speed cameras and lost, one of those judges ordered removal of the cameras. EP ignored the order, as their leadership forgets they are located in Hamilton County Ohio, not Casey County Kentucky, where the town's leadership families originated.
The judge in the speed camera case got mad and sent deputies out to take down and seize said cameras.

I don't know how responsive they'll be in returning the OP's firearm.
Quit worrying, hide your gun well, shut up, and CARRY that handgun!

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Re: Retrieval of stolen firearm from Police

Postby Michael » Thu Aug 24, 2017 11:56 am

I've seen this played out before. There's a good chance they'll tell you they "destroyed the firearm." If they tell you this, it's probably not true, and the gun is probably in sitting a gun safe in one of the officer's homes.
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