McClung sentenced to one year in federal prison

Former Perkins Township police Chief Tim McClung wept Friday as U.S. District Court Judge James Carr sentenced him to a year in federal prison.The sentence comes more than a year after McClung pleaded guilty to felony charges of mail fraud and theft from programs that were federally funded.McClung admitted to using Perkins Township tax dollars to purchase firearms without approval, then selling the weapons to raise money for department-sponsored shooting tournaments and seminars."It was a bone-headed stunt," McClung said, standing at the defense table in the Toledo courtroom. "I should have given careful consideration to what would have happened -- to what did happen."The former longtime police officer apologized for the pain he caused his friends and family, the township and its residents, as well as fellow law enforcement officers."I truly don't know how I'm going to look them in the eye," he said. "And that's through no fault but my own."In addition to a year-long prison term, McClung was ordered to serve three years probation upon his release. He must also pay $8,630 in restitution and $2,500 in fines.As a felon, he'll never be allowed to possess a firearm.Township fiscal officer Diane Schaefer, who appeared in court on the township's behalf, said the restitution only covers a portion of the township's financial losses.The values of the weapons listed by the court include only the guns, not the additional accessories purchased with them.And 18 of the guns are still unaccounted for, Schaefer said.The township has yet to file a civil case to recoup the losses, but that option is still a possibility, she said.McClung has criminal charges pending in Erie County Common Pleas Court, meanwhile, but those proceedings have been on hold until the federal case wrapped up.During the day-long hearing, Carr heard comments from Schaefer, former Perkins Township trustee Bill Dwelle, McClung's wife, Cynthia, and U.S. Marshal Rodney Hartzel.When Schaefer listed some of the weapons McClung purchased with township funds and resold to private individuals, Carr demanded to know the names of the purchasers.Carr questioned why the buyers have been allowed to knowingly keep what he said amounts to stolen property.Schaefer disclosed in court the names of three buyers: Dawson Foster, an auxiliary Perkins police officer and former part-time officer with the department; Doug Foster, a local resident, and Dr. William Rogers, a former auxiliary officer with Blue Ash police near Cincinnati."For shame, Mr. Foster, for shame," Carr said.He also said "shame" on the other two men.When reached on his cell phone late Friday, Dawson Foster refused comment. Douglas Foster confirmed he purchased one firearm from McClung, but declined further comment.Rogers could not be reached for comment.Carr also asked why Erie County prosecutors and Blue Ash police have taken no action on the matter."I'm astonished both authorities are sitting on their hands," he said.Carr took the time to laud Dwelle for his persistence in uncovering the misspent taxpayer money.During a lengthy recess, Carr obtained records from McClung's 2006 harassment lawsuit against Dwelle to see if McClung might have brought the suit to cover his tracks.In the suit, McClung claimed -- among other things -- that Dwelle falsely accused him of stealing inventory from the department.Dwelle's accusations turned out to be true."You knew Mr. Dwelle was on to you?" Carr asked."Yes, your honor," McClung said.Carr asked Dwelle to come to the front of the courtroom to hear an apology from McClung.The former police chief then told Dwelle he was sorry.Dwelle accepted the apology and shook McClung's hand.Cynthia McClung took the stand to tell the judge about the family's financial circumstances.The McClungs filed for bankruptcy in 2004 to escape $90,000 in credit card debt. In the past three years, they've started a small family farm.Cynthia told the judge she needs her husband at home to help care for their cattle and tend their crops. They're also raising two young children.There was no required prison term for McClung's crimes -- he could have received probation or the like.Carr said he understands the family will face hardships during McClung's incarceration, but a prison term is appropriate for the seriousness of abusing a public office.Carr also ordered McClung to cooperate with federal officials in recovering the remaining 18 firearms. To facilitate that, he moved the start date of McClung's incarceration to no earlier than June 1.Federal investigators' findings regarding the 18 firearms will be sealed so as to not interfere with the criminal proceedings in Erie County Common Pleas Court, Carr said.The bullet list Perkins Township fiscal officer Diane Schaefer and former township trustee Bill Dwelle gave victim impact statements on behalf of the township at Friday's sentencing hearing. Thirty-five weapons were the focus of the criminal case against Timothy McClung. At the hearing, Schaefer provided the following breakdown on those weapons:• Six guns are in the possession of Dawson Foster, a Perkins Township police auxiliary officer.• One gun is in the possession of Doug Foster.• Four guns are in the possession of Dr. William Rogers, a former auxiliary officer at Blue Ash police near Cincinnati.• Three guns are listed in the state's criminal case, but not the federal criminal case.• Perkins Township was able to sell three guns for a collective $1,900.• Eighteen guns are unaccounted for.Source: Perkins Township officials