The Wilmington News Journal

February 10, 2002

New Vienna Police Dept. searched

The inquiry into Monday's fatal shooting of a New Vienna man by a Village police officer led investigators to the community's municipal building Thursday.

Clinton County Prosecutor Bill Peelle said the Clinton County Sheriff's Department went to the New Vienna Municipal Building with a warrant obtained at the Clinton County Municipal Court.

"The sheriff's department is investigating and continues to investigate circumstances with regard to the matters of early Monday morning," Peelle said late Thursday.

The sheriff's department is investigating the death of Robert Cundiff. Cundiff, 32, who was fatally shot by New Vienna police officer David Mueller minutes after Cundiff's wife -- in separate 9-1-1 calls -- said her husband was trying to set their house on fire. Mueller, who responded to the 9-1-1 calls, told investigators that while attempting to arrest Cundiff, an altercation occurred in which he fatally shot Cundiff.

Peelle would not discuss what investigators were looking for in their search Thursday of the village municipal building.

"There was a search warrant for evidence of some nature served upon the Village of New Vienna with regard to documents and/or evidence that would be in the possession of the Village, which include the administrative offices as well as the police department," Peelle said.

Peelle said he would be meeting with investigators today to discuss any documents and/or evidence recovered in the search.

Investigative officers with the sheriff's department could not be reached for comment late Thursday. Efforts to reach Capt. Tim Hardesty, the officer-in-charge with the New Vienna Police Department, were also unsuccessful.

On Monday, New Vienna Mayor Tim Bentz said Mueller -- who was the lone officer on duty in the village when the incident occurred at 2 a.m. Monday -- had been placed on administrative leave until further notice. Bentz said village council would determine whether the leave will be paid or not. Bentz could not be reached for comment Thursday.

From the Wilmington News Journal

NV officials dispute claim -- question basis for search warrant

February 10, 2002 - By GARY HUFFENBERGER and ROSE COOPER

Reports, personnel files, 12 boxes of documents and a computer system were confiscated by the Clinton County Sheriff's Department when it executed a search warrant Thursday at the New Vienna Municipal Building in connection with the fatal shooting Monday of a village resident by a New Vienna policeman.

New Vienna's law director and mayor, meanwhile, responded to a Friday morning press release from the sheriff's department about the search of the municipal building.

The sheriff's department press release said: "The search warrant was executed due to a lack of cooperation from the mayor and village solicitor of New Vienna."

A Friday evening press release from the law offices of New Vienna Law Director Lori Clark said: "Allegations that the Village of New Vienna has been 'uncooperative' are clearly unfounded."

Clark in an interview Friday evening said, "We want to set the record straight ... This was not non-cooperative behavior." To try to support her statement, Clark faxed the News Journal a copy of a letter she faxed to the sheriff's department 3:08 p.m. Thursday. In the letter, Clark indicates the offense report and personnel file of the officer involved in the shooting would be available for pickup at the village police department at 5 p.m. that day.

"There was no follow-up with me on that. No return phone call. No indication that they'd received it. And the next thing I know there's a search warrant being filed and executed in the village of New Vienna," said Clark.

On Friday morning, Col. Ralph Fizer Jr. of the sheriff's department said of the search, "We were still waiting for the offense report and the officer's statement. They were holding up our investigation. We need to find out if the officer is certified or not."

The search of the municipal building lasted from 5 to 9:30 p.m. Thursday, Fizer said.

Clark said, "I guess the question becomes is three business days an unreasonable period of time within which to expect documents to be produced? To say that this was an unreasonable period of time, I think is a mischaracterization."

Of the mayor's actions, the Village press release said, "In fact, Mayor Timothy Bentz initiated contact with the sheriff's office by calling Sheriff Fizer at his residence and pledging the Village's willingness to cooperate in the investigation. While the mayor did have conversations with representatives of the Clinton County Sheriff's Office regarding the production of documents related to the incident at issue, no time lines were demanded for the production of documents."

The release also said, "Continuous, ongoing efforts have been made by the police department personnel, as well as the mayor, to comply with the requirements of the sheriff's office. Any delay in producing the requested documents was the result of normal administrative time constraints and cannot be characterized as non-cooperation."

A spokesman for the sheriff's department was not available Friday evening for possible comment upon the Village press release.

Clark said in the interview that she did advise David Mueller, the New Vienna officer involved, to decline to make a written statement regarding the incident. She said Mueller has now sought independent legal counsel.

Of her advice to Mueller, Clark said, "I made a legal judgment based on my knowledge and understanding of the U.S. Constitution, and a party's constitutional right to remain silent." She added, "The advice I gave in that regard was in light of the best interests of the Village and the officer involved."

The Village press release said Mueller did make an oral statement to the investigating officer on the morning of the 2 a.m. incident.

In the sheriff's department offense report on the incident, Mueller said that while he attempted to arrest Robert Cundiff, an "altercation" occurred in which Cundiff was shot and killed.

According to 9-1-1 calls made by his wife minutes before the shooting, Cundiff had been trying to set his house on fire.

Cause of death, according to a Wednesday press release from the sheriff's department, is a gunshot wound to the face.

Clinton County Prosecutor Bill Peelle said Friday afternoon the investigation could take days or weeks, whichever it takes "to fully and adequately investigate it."

Suspended New Vienna police officer charged with Feb. 4 shooting death

by Jennifer Burgel From the Wilmington News Journal August 29 2002

August 29, 2002 - The murder trial of suspended New Vienna police officer David Mueller has been moved back two weeks.

During a hearing Tuesday, Clinton County Common Pleas Judge John W. Rudduck postponed the seven-day jury trial until Nov. 7 to allow time for an additional pretrial hearing. The trial was originally scheduled for Oct. 21.

Mueller, 29, is charged with the Feb. 4 shooting death of 32-year-old Robert Cundiff at Cundiff's Rice Drive residence. A part-time member of the New Vienna police department, Mueller was the only officer on duty in the village at the time of the shooting.

According to a Feb. 6 media release from the Clinton County Sheriff's Department, Mueller told county investigators that Cundiff was shot in the face during an "altercation" that occurred while Mueller was trying to arrest Cundiff. Mueller responded to Cundiff's residence after Cundiff's wife made two 9-1-1 calls, reporting a domestic dispute.

Mueller also faces a tampering with evidence charge.

Mueller, who is on unpaid administrative leave from the department, was present at Tuesday's pretrial hearing, but did not address the court.

Mueller's attorney, Diane M. Menashe, asked that photographs of Cundiff be excluded from the trial, a motion denied by Rudduck.

"I'm not going to make a blanket order excluding photographs," Rudduck said. "I think the state has a right and will probably have to present some photographs. My understanding is that Mr. [Clinton County Prosecutor Bill] Peelle, preventing any real surprises here, you're going to be able to provide both Ms. Menashe and the court with advance notice of what photographs you intend to use."

Peelle said he believes his office has already provided copies of photographs to the defense.

Rudduck approved a motion made by both the prosecution and defense for jurors to be allowed to view the Cundiff residence.

Rudduck also approved Menashe's request for sequestered questioning of prospective jurors during the selection process based on concerns about the effects that pretrial publicity may have on a juror's impartiality.

An additional hearing on a motion to suppress evidence will be held Sept. 26.

Follow the story as it unfolds in the media

Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9

Mueller Pleads Guilty

The sentencing

Other misc info

More problems with the New Vienna PD

Bert's Brother Paul

View My Guestbook
Sign My Guestbook