Former Blue Ash police lieutenant pleads guilty to tampering with records, sentenced to probation

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BLUE ASH, Ohio (WXIX) - A former high-ranking member of the Blue Ash Police Department appeared in court Tuesday and pleaded guilty to a crime.

Jason Swartwout stood before Hamilton County Common Pleas Court Judge Robert Goering and pleaded guilty to one count of tampering with records.

He apologized in court and the judge sentenced him to probation for six months.

“He was a great police officer with an outstanding record and it’s a shame that it has come to this,” his lawyer, Mike Allen, told FOX19 NOW last week.

Swartwout, 47, waived his right to be indicted and agreed to plead to the misdemeanor charge in a “Bill of Information,” according to court documents both he and Hamilton County Prosecutor Melissa Powers signed.

The offense occurred “from, on or about October 30, 2023, through, on or about November 10, 2023″ while he was working as a Blue Ash police officer, a copy of it shows.

“During the time in question, the Defendant falsified writings or records without privilege to do so. These actions defrauded the City of Blue Ash out of the Defandant’s services. The Defendant has agreed to enter a plea of guilty (to) Tampering with Records,” the court filing shows.

The Ohio Bureau of Criminal Investigation (BCI) began investigating last fall at the request of Blue Ash Police Chief Scott Noel.

The allegations against Swartwout were initially theft in office and tampering with records, according to police emails.

He quit in January amid a criminal investigation into suspected timesheet discrepancies, the police department announced earlier this year.

Specifics including how much money was alleged to be involved have not been released due to the criminal probe.

BCI turned their investigation over to the prosecutor’s office on Jan. 24, two weeks after Swartwout resigned.

FOX19 NOW has asked both Blue Ash police and BCI for their records about the case.

We also have asked Chief Noel and Captain Roger Pohlman in writing if the police department has changed any record-keeping procedures for police timesheets and schedules as a result of this incident.

We will update this story when we hear back.

Swartwout joined the department in 2013 and rose through the ranks to lieutenant with positive job performance reviews and commendations, according to his personnel file.

“Due to unanticipated personal issues, I have decided to hand in my immediate notice,” his resignation letter states.

“During my time here, I have learned skills and (been) given opportunities that I would not have been given elsewhere. I would like to extend my gratitude to everyone who helped me along this journey. I would also like to extend my sincere apologies for the heartbreak on how this journey ended.

“With that said, I would also like to offer my assistance with the transition process. Please do not hesitate to reach out if there’s anything I can do to make this transition easier.”

The following month, on Feb. 27, the city of Blue Ash quietly entered into a “Severance Agreement and General Release,” with Swartwout despite there being “a dispute as to whether Swartwout owes certain monies to Blue Ash.”

The city record also says “Swartwout and Blue Ash now desire to reach a complete and final settlement of any claims relating to or arising out of his employment.”

City Manager David Walz signed the contract along with Swartwout.

It says “The city will pay out Swartwout’s compensatory (47.5 hours) in the amount of $2,797.28 and vacation time (223.53 hours) in the amount of $13,163.62., less applicable deductions the first full pay period following expiration of the revocation period in paragraph 5.”

The city and Swartwout agreed to release each other from any claims and that includes:

• The city, its elected officials, former and current officers, representatives, agents, employees, “assigns and all other persons and entities acting by, through, under, or in correct with any of them.”
• “Any and all charges, grievances, complaints, lawsuits, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, rights, demands, losses, debts and expenses (including court costs and attorney’s fees actually incurred.)”

The agreement requires Swartwout and the city to keep it confidential except when it comes to public record requests and he can disclose it to his attorney, spouse and financial planner.

There also is a standard non-disparagement clause.

Swartwout is not currently listed on a state directory as actively working as an officer for any Ohio police department.

He can still work as a police officer, but the misdemeanor conviction will put him on Hamilton County’s " Brady List.”

A more than 50-year-old Supreme Court ruling requires prosecutors to seek and disclose evidence to defense attorneys and the accused that is material to his or her guilt or punishment.

This includes evidence about their untruthfulness; certain prior criminal convictions and evidence of bias; excessive use of force.

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