No charges will be filed

No criminal charges will be filed against either of two former Portland police chiefs.

A report from special prosecutor Jeremy W. Brown of Adams County filed recently in Jay Superior Court indicates that no charges will be filed against either Josh Stephenson or Nathan Springer.

The special prosecutor considered evidence regarding conversion, a Class A misdemeanor, and criminal misconduct, a Level 6 felony, for Stephenson and interference with reporting a crime, a Class A misdemeanor, for Springer, determining that charges were not warranted.

The special prosecutor’s investigation stemmed from a 2018 incident involving another officer’s personal vehicle.

According to the report, at about 11:22 p.m. Aug. 19, 2018, Stephenson, then a sergeant for Portland police, took officer Mitchel Rigby’s personal vehicle on a “joy ride” past a traffic stop being conducted by Rigby and fellow officer Dustin Mock. (Another officer, Eric Fields, was also in Rigby’s personal vehicle.) Unaware of who was driving his vehicle, Rigby activated his police vehicle’s lights and went in pursuit. Once the Camaro was stopped, Rigby “harshly ordered Stephenson and Fields to return his vehicle to the police station.”

According to the special prosecutor, reports were written about the incident and video recordings were reviewed. Officers were “told by command staff not to discuss the incident and threatened with discipline if they did.”

Addressing the incident Thursday, Stephenson said: “There was no criminal intention in any way from the incident. It was a prank that was taken the wrong way. And it was dealt with in 2018.”

He said he was suspended and demoted following the incident.

He added that he was told at the time that information about the incident was taken to both Jay County Prosecutor’s Office and city attorney Bill Hinkle and that both said criminal charges were not warranted.

According to the special prosecutor’s report, Rigby also said Springer told him the city attorney had been consulted and that Stephenson’s conduct was not criminal in nature. However, the report says Hinkle and former Portland Mayor Randy Geesaman say Hinkle never gave a legal opinion on the matter.

Jay County prosecutor Wes Schemenaur said he also did not give an opinion on the matter as he was not notified about it until receiving an anonymous letter early this year alleging a cover-up of Stephenson’s actions and expressing concern regarding leadership decisions at Portland Police Department.

The special prosecutor’s investigation concluded that the incident involving Rigby’s vehicle did not amount to theft. It said the incident could be considered conversion, a Class A misdemeanor, but the two-year statute of limitations for that crime expired in August 2020. It also concluded that official misconduct, a Level 6 felony, did not apply, because Stephenson was not on duty at the time of the incident.

The investigation also looked at the possibility that Springer’s conduct amounted to interference with reporting a crime. It concluded that there is conflicting evidence as to whether Springer “knowingly interfered with or prevented another person reporting a crime.”

“Based upon the periods of limitation for criminal prosecution, the conflict in the evidence and in consideration of the positive direction in which the Portland Police Department is now headed, the undersigned informs the court no criminal charges will be filed,” the report concluded.

“I’m glad it’s resolved that way,” Portland Mayor John Boggs said Thursday. “I didn’t think it raised to the level that criminal charges should be filed. … The previous administration found that several years ago and I hoped that’s what this current investigation would find.”

Springer retired from Portland Police Department in 2020 after 20 years with the force including the last six as chief. He is now captain of the IU Health Jay police department.

Stephenson was named chief following Springer’s retirement. He resigned from that role on July 13 and then announced his retirement from Portland Police Department in early September. He is now working in software training for Motorola Solutions.

He said he feels the incident resurfaced early this year because someone was upset both that he was named chief and with his choice of Erica Post as his assistant chief.

“This investigation destroyed our department,” he said.

Mitch Sutton, who had retired from Jay County Sheriff’s Office and was working as a security officer at Jay County Courthouse, was appointed Portland Police Chief the same day Stephenson resigned from the post. Steve Schlechty, who had retired from Portland police and was also working as courthouse security, returned as assistant chief last month.