Dayton police officer pleads guilty to criminal charges after sex investigation

May 3—A Dayton police sergeant who was accused of misconduct by a number of ladies in a non-public Facebook group chat referred to as “Are We Dating the Same Guy?” has pleaded guilty to three misdemeanor criminal charges, authorities stated.

Joseph Setty, 42, of Farmersville, pleaded guilty Thursday in Montgomery County Common Pleas Court to charges of illegal restraint, a third-degree misdemeanor, and two counts of disorderly conduct, a fourth-degree misdemeanor, in accordance to Kraig Chadrick, assistant Butler County prosecutor.

Multiple ladies accused Setty of partaking in sexual acts with out their consent, and one girl stated she felt Setty wouldn’t let her go away his home except she engaged in sexual exercise, in accordance to investigative information from the Ohio Attorney General’s Office Bureau of Criminal Investigation obtained by this information group.

Chadrick, who was appointed a particular prosecutor within the case to keep away from a battle of curiosity with native officers, informed this newspaper that whereas the proof supported allegations that “sex offenses” occurred, the precise particulars of the incidents dominated out submitting felony charges for sex crimes.

Chadrick stated felony sex offenses in Ohio will be filed when suspects use drive, or the sufferer is a minor, or when there’s a particular relationship between the events, like if the suspect was a instructor or coach and the sufferer was a scholar or participant, or if a police officer engaged in sexual exercise with an individual in custody.

Although Setty is a police officer, he didn’t use his regulation enforcement place to coerce victims into partaking in sexual exercise, Chadrick stated.

“This is one of the difficulties in these types of cases — there is a huge drop off from felony offenses to misdemeanor sexual imposition,” he informed this information group.

Attorney Antony “Tony” Abboud, companion of the Dayton regulation agency Gounaris Abboud, is representing Setty. He has not responded to Dayton Daily News requests for remark. In March 2023, he informed Ohio BCI Senior Special Agent John Rodriguez that his consumer denied the allegations and declined to be interviewed, in accordance to the BCI report.

Setty has not but been sentenced. Chadrick stated Setty may face up to 150 days of jail time or probation, however that he has not mentioned sentencing with the victims, so he would not have a suggestion but.

Facebook group chat

Setty was “relieved of duty” in late March 2023 after Lt. Col. Eric Henderson, assistant chief and deputy director of the Dayton Police Department, was notified by an administrative sergeant of screenshots of social media posts during which two ladies accused Setty of sexual wrongdoing. Because of the severity of the allegations, Dayton police requested BCI to conduct a criminal investigation.

According to the investigative information, the allegations had been posted on-line in a non-public Facebook group referred to as “Are We Dating the Same Guy? Cincinnati/Dayton.”

The group chat permits ladies to share details about males they date to attempt to determine cheaters and others who have interaction in dangerous habits.

One girl in a submit stated that Setty continued to carry out a sex act on her even after she informed him no, in accordance to screenshots within the investigative report.

“Afterwards I said, ‘You literally just raped me’ and he just laughed,” the submit states.

Another girl wrote, “No isn’t an answer he will take.”

Women converse with investigators

Rodriguez, the lead BCI investigator within the case, recognized and interviewed a number of ladies from the Facebook group who posted about Setty.

Five ladies stated they met Setty by means of relationship web sites or apps. The ladies stated Setty engaged in undesirable sexual acts exterior Dayton, however inside Montgomery County, both at Setty’s Farmersville home or the ladies’s residences, interviews indicated.

In the web group, two ladies started speaking and found they’d been relationship Setty from October 2022 by means of March 2023, although each had been informed by Setty they had been unique, in accordance to the posts.

Four of the ladies stated they’d consensual sex however that on multiple event — usually after the ladies had been ingesting — Setty reportedly carried out a sex act that they didn’t consent to and he didn’t cease when informed to. At least two of the ladies skilled bleeding consequently, the report acknowledged.

The ladies didn’t report the incidents to regulation enforcement and some recounted to Rodriguez how they felt manipulated into feeling the incidents had been a misunderstanding, in accordance to investigative information.

One girl informed the BCI particular agent that Setty engaged in a sex act that she didn’t consent to and he informed her to calm down and that “she’s taking it well,” investigative information state. She stated she cried on the drive house and he or she informed Setty through textual content that what he did to her was fallacious.

The girl stated they saved speaking through textual content, and that Setty promised that it could by no means occur once more. But the lady informed BCI that they’d sex once more after that and he as soon as once more engaged in a nonconsensual sexual act. She stated she informed Setty he raped her and he or she by no means needed to see him once more, the investigative report states.

Another girl informed BCI that she carried out a sex act on Setty at his house in early 2023 regardless that she didn’t need to, as a result of she felt she didn’t have a alternative and it was the one means she may go away, an investigative report states.

A distinct girl informed investigator Rodriguez that she believes she was sexually violated by Setty in September 2022. She stated she was very intoxicated and he or she doesn’t keep in mind what occurred however she awakened in ache.

Reasons for particular courtroom charges

Court paperwork present that Setty is accused of “restraining another of her liberty” on or about Feb. 1, 2021, by means of April 1, 2021.

The disorderly conduct charges contain incidents in opposition to two ladies, one on Sept. 25, 2022, and the second on Feb. 10, 2023, during which Setty reportedly created “a condition that was physically offensive to persons or that presented a risk of physical harm to persons or property, by any act that served no lawful and reasonable purpose of the offender, and the defendant persisted in disorderly conduct after reasonable warning or request to desist,” the invoice of data acknowledged.

Assistant Prosecutor Chadrick stated his workplace reviewed circumstances for 5 potential victims, and the three charges that had been filed replicate crimes he dedicated in opposition to three victims. Chadrick stated one girl who was interviewed by BCI didn’t need to pursue charges, and the accusations of one other girl weren’t a part of the criminal invoice of data, although she deliberate to cooperate if the case went to a grand jury.

Chadrick stated his workplace probably may have pursued a third-degree misdemeanor cost of sexual imposition in opposition to Setty, however the victims had been OK with pursuing different charges of the identical stage if Setty would plead guilty to them.

“That is why the charges do not include sex offenses despite the evidence supporting that sex offenses occurred,” Chadrick stated. “Also, that is why the charges do not perfectly match the conduct because the victims were interested in him being held accountable, but were not necessarily looking for any particular charges. What he did was offensive to all of them and that is what disorderly conduct covers and for one victim she felt like because of how he positioned her and the size difference between them, she could not escape the offensive conduct, which is the unlawful restraint. Again, not perfect fits, but charges that the victims were okay with to resolve the case in a manner consistent with their wishes.”

Setty’s background with Dayton PD

Setty’s Dayton police personnel file consists of almost a dozen written commendations over the previous dozen years. The most up-to-date was within the fall of 2022 at Liberty High School, for working with one other DPD officer to wrestle to the bottom a former scholar who got here onto faculty grounds with a loaded gun in his bag.

Setty, who was promoted to the rank of sergeant in February 2016, and two different officers had been concerned in a capturing in December 2020 that resulted within the demise of 37-year-old Donald Saunders after police responded to a home violence name. Saunders was shot not less than 4 occasions after he pointed a gun at Setty’s chest at an condominium within the 1700 block of Rangeley Avenue, in accordance to a commendation Setty acquired.

Setty was positioned on administrative go away in late March 2023 due to allegations in opposition to him, in accordance to a Dayton police spokesperson. Setty will stay on administrative go away and an administrative investigation will likely be performed on the conclusion of any courtroom proceedings, the spokesperson stated.

“As this is an ongoing investigation, we will provide further updates as they become available,” the spokesperson stated. ‘We admire the neighborhood’s endurance and cooperation throughout this time.”

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