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From the Cincinnati Enquirer Saturday, February 9, 2002

Sheriff's men take files on shooting


 


By David Eck
Enquirer contributor

        WILMINGTON — After waiting several days for village officials in New Vienna to turn over documents in a police shooting, Clinton County Sheriff's deputies Thursday used a search warrant to obtain nearly a dozen boxes of records from the New Vienna municipal building.

        In addition, deputies seized a computer system and other documents, said Col. Ralph Fizer Jr., Clinton County chief deputy.

        The documents are being used in a criminal investigation into a Feb. 4 shooting that killed Robert Cundiff, 32, of New Vienna. Mr. Cundiff was shot at his Rice Street home by New Vienna Police Officer David M. Mueller, officials said.

        The victim was shot in the face. No charges have been filed.

        The sheriff's office is investigating the shooting, as is normal practice whenever there is a death in the county, Col. Fizer said.

        “We made numerous requests to the (New Vienna) mayor for documents,” Col. Fizer said. “They were refusing to give them to us, basically.”

        New Vienna Mayor Timothy Bentz and the village solicitor have been uncooperative, Col. Fizer said.

        Deputies late Thursday afternoon obtained a warrant to search the New Vienna municipal building. They say it was the only way sheriff's detectives were going to get the information.

        “There was always an excuse,” the colonel said. “It was obvious to us we were not going to get the report. When you can't get documents that you need, it hinders your investigation.”

        New Vienna has only several part-time police officers. Village police on Friday would not comment on the case or the department in general.

        Village officials could not be reached for comment Friday.

        Officer Mueller has been placed on administrative leave, Col. Fizer said.

        Tom Newland - who grew up with Mr. Cundiff and said the two were best friends, - said there was “no way” the shooting could have been justified.

 

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

 


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