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NEWTON FALLS -- A dereliction of duty charge against former Newton Falls police Chief Gene Fixler was dismissed Wednesday in Newton Falls Municipal Court.
The case involved Fixler previously being charged with dereliction of duty, which stemmed from a traffic stop at a gas station in December 2020 in Leavittsburg, where Fixler encountered a possibly impaired driver.
Reports state Michael Haehner, 28, of Ravenna, was stopped at the gas station that is outside of Newton Falls police department's jurisdiction.
Fixler went to the scene and handed the stop to Dallas Young, then a deputy with the Trumbull County Sheriff's Office.
Reports state Fixler and Young had Haehner get out of the vehicle. They indicated he appeared steady on his feet, had clear speech, answered questions and told them that he was just sleeping, and appeared not to be impaired.
Haehner was let go and shortly after was involved in a fatal crash in Windham in Portage County, where he hit another vehicle. Tammy Bortz of Windham, who was in the other vehicle, was killed, according to reports.
Both drivers died at the scene. Reports state the toxicology report later revealed Haehner had a lethal amount of drugs in his system.
The complaint was that Fixler and Young failed to stop someone from driving under the influence, resulting in the death of another individual.
"These were charges that should never have been filed. This was a witch hunt to get rid of me," Fixler said Wednesday.
Fixler said he had no jurisdiction at the scene and said he was there to help with order and radio traffic.
He said he had no authority over the deputy handling the matter.
Fixler said he stands by what he has always said, that the man left the scene unimpaired.
"This man was not impaired at the scene when he left," Fixler said.
Fixler has criticized the charges against him, saying the incident previously had been reviewed by state law enforcement agencies that found no issues.
The charge was filed in Newton Falls Municipal Court in December
Fixler worked as chief of the Newton Falls Police Department before he was fired and later reinstated by court order.
He said this finally will put an end to the matter. Fixler said he was aware the prosecutor indicated Wednesday charges will not be refiled. The statute of limitation to try Fixler again expires Friday.
Young previously was charged, but charges against him were dismissed in June because of Garrity rights, which protect law enforcement officers from incriminating themselves during investigatory interviews conducted by their employers.
Young resigned from the sheriff's office.