CLEVELAND — In a swift change of events, all but one charge against an embattled former East Cleveland Police chief were dropped Tuesday. Scott Gardner accepted a plea deal in Cuyahoga County Common Pleas Court, agreeing to plead guilty to a tax-related charge while 23 other counts of alleged financial crimes were withdrawn.
“Mr. Gardner did choose to accept responsibility for his poor record keeping, particularly in light of the fair and reasonable deal that the prosecutor’s office offered. We felt it was the best choice for him to move forward,” Gardner’s attorney Allison Gibbard told News 5 Tuesday.
Throughout his trial, Gardner’s defense team had maintained the records presented would show he was not a criminal, but rather lacked business acumen.
“We certainly haven’t changed our position on that. His record-keeping is terrible,” Hibbard said.
The sole count to which Gardner pleaded guilty was for collecting and failing to remit sales tax. It was a charge connected to the former police chief’s private security business, Constant Protective Security (CPACs).
According to court documents, CPACs collected sales tax, but Gardner failed to repay the correct amount to the state for several years. Hibbard said Gardner has already repaid a quarter of the more than $200,000 owed through a repayment plan he’s been on since 2019.
Gardner was originally indicted on tax-related charges in 2022. Nearly a dozen new charges were added a year later. They alleged additional financial crimes, including theft in office, money laundering and passing bad checks.
Watch our previous report for more details on the original charges against Gardner:
RELATED: Former East Cleveland Police Chief indicted on new charges
Gardner’s trial began Monday with opening arguments and details about the former chief’s taxes. In addition to his business dealings, prosecutors called into question Gardner’s conduct while serving in leadership at the East Cleveland Police Department and as president of a Fraternal Order of Police (FOP) lodge.
Tuesday morning, the state presented bank statements showing thousands of dollars in FOP checks made out to Gardner deposited into several of his business accounts.
“I don’t think his conduct, with regard to his bookkeeping or his record keeping, negatively impacted the department whatsoever,” Hibbard told News 5. “He cared very much about his officers.”
Gardner was suspended from his position as chief in 2022 and placed on administrative leave when he was originally indicted. He was fired in the subsequent months before the new charges were added.
His defense team adamantly denies he abused his position or defrauded his officers.
“He absolutely did not commit theft in office, he did not steal from his officers, he did not steal from the FOP and I don’t think that we would’ve had a problem defending those charges at trial. It really was his accounting and record keeping that was problematic for us,” Hibbard said.
Gardner’s guilty plea comes several months after two other East Cleveland officers were convicted on bribery charges, another pleaded guilty to an assault-related charge and one other was sentenced to prison for using a Taser on a handcuffed man.
See the two officers convicted on bribery charges in court here:
Watch video from the sentencing for the East Cleveland officer charged with assault here:
Watch the video of the officer being sentenced to prison for tasing a handcuffed man here:
“While there may be other problems within the department, I think the use of force issues and things of that nature are far more problematic than Mr. Gardner’s record keeping,” said Hibbard.
The conditions of the plea bargain included $150,000 in restitution to be paid to the Ohio Treasurer of State’s office. He will also be required to relinquish any vendor licenses and he loses the ability to apply for a vendor license for an additional two years.
Prosecutors declined to comment until after sentencing. Gardner is scheduled to be sentenced on March 21.
