Editor
Former Miami Township Police Sgt. John Swing, of Milford, was sentenced to 30 days in jail and three years of community control in a hearing on Oct. 6.
Swing was accused of three counts of gross sexual imposition, a third degree felony, and one charge of assault, a first degree misdemeanor. The jury found Swing not guilty of assault, and guilty of three counts of sexual imposition, a lesser charge, on Sept. 2.
He has been labeled as a Tier 1 sex offender.
The defense filed a motion for a new trial, which Judge Victor Haddad denied because there was no irregularity in the proceedings that prevented Swing from having a fair trial and there was no misconduct of the jury, prosecutors or witnesses called by the prosecutors.
Swing alleged that some of the testimony was improperly admitted to the trial but Haddad felt that Swing misinterpreted the case he used to support his claim. Swing also said he did not receive a fair trial because one juror did not say that she was a victim of sexual abuse. However, Haddad said, there is no indication the juror lied, she was neutral during the trial and even if she had told the court, the court still may not have excused her.
This situation is regrettable, especially because a law enforcement officer’s career has come to an end, the career of an officer the court is very familiar with because of prior cases, said Joshua Engel, Swing’s attorney.
“I don’t think there was any question that he was an exceptional law enforcement officer,” Engel said.
Swing’s life was put under a microscope during the trial, and Engel knows that Swing regrets some things he has done, he said. Most people could not withstand the scrutiny.
“I think what probably hurts him the most, I would suggest, having gotten to know him with working with him in the past year, is the loss of his career because it is not just a job for him to have been a law enforcement officer, it was his career, what he had dedicated his life to,” Engel said.
He suggested that Swing be punished only with a fine.
“I absolutely deny this occurred because it did not,” Swing said.
He added, “I’m at a loss to how the jury reached their verdict but I respect their decision.”
Swing described the victim’s allegation as “vicious” and apologized for the embarrassment he caused his family.
Clermont County Prosecutor Vince Faris asked Haddad to incarcerate Swing, who, Faris said, had a position of trust and authority over the victim.
“The victim, although an adult, was still a young, naive, impressionable girl vulnerable to the actions and the authority and the position of this particular defendant,” Faris said.
He commented to the judge that the prosecution brought forth nine other victims, four of which the court allowed to testify.
“This repetitive, compulsive and aggressive behavior by the defendant has been going on for years. We would probably be naive to think that there were only nine. There were nine women that were brave enough to come forward and put their lives open to the public in this case. This pattern of behavior is an indicator that unless something seriously intervenes to change the defendant’s behavior, it will occur again,” Faris said.
The victim’s life was also put under a microscope, and she suffered psychological harm.
“The defendant shows absolutely no remorse for his actions,” Faris said.
He added, “He must be held accountable in this case.”
Faris asked Haddad to sentence Swing to 90 days in jail followed with five years of community control.
The victim’s mother also spoke and asked Haddad to give Swing the most extreme sentence possible.
“He has taken a person’s basic need of being safe. It is horrible, it is horrible for a police officer to be wearing a uniform, working his detail, make threats, invade someone’s personal space, break the law several times and then at the end of the day go home and think it is OK,” she said.
The victim also spoke about the impact the incident had on her and her family, and how difficult it was for her to come forward
“John Swing believes he has done nothing wrong. He does not think or know the pain that this has caused me,” she said.
The victim has been diagnosed with Post Traumatic Stress Disorder, but she said she is ready to move on. She described herself as “lucky” she was able to face Swing during the sentencing hearing.
“I forgive John Swing for this because it’s made me a strong person and it’s motivated me even more to become a police officer and to truly protect and serve those in my community,” the victim said.
She also asked Haddad for the maximum sentence.
“I hope that over time that all of you as a family can work your way through what you’re suffering,” Haddad said to the victim and her family.
However, he added, the justice system is set up to punish, deter, rehabilitate and help victims get retribution. It cannot fix suffering.
Haddad has known Swing for a long time, he said, and thought that Swing handled people with grace and had a professional demeanor.
“Personally, I’m sorely disappointed in your behavior,” Haddad said to Swing.
He added, “Besides it being a let down to your family and to your friends, I can honestly tell you that as a human being, I’m disappointed in your behavior.”
The numerous other victims confirm that Swing has a “personality disorder,” Haddad said.
While he recognizes that Swing’s attorneys likely told him to be careful about what he said in case there is an appeal, Haddad has to consider what Swing said while sentencing him.
“I also have to use what he says to determine whether there is any remorse, whether there’s any accountability, whether there’s any self-responsibility in what the ladies and gentlemen of the jury found. From his statements and from the report, he clearly takes no responsibility, he shows no remorse for his behavior and continues to deny the offenses,” he said.
Jeff Wright, Miami Township administrator, commented after the sentencing hearing that the police department has core values that Swing did not represent.
“We are satisfied to have justice take place and hopefully have some measure of closure for the victims,” Wright said.