Former probation chief sentenced to probation
Former Washington County juvenile probation chief Daniel Clements was sentenced to 36 months of probation Tuesday following his guilty plea in May to theft by deception and tampering with evidence.
The charges stemmed from an allegation Clements pocketed funds meant for mixed-martial arts training, a form of self-defense training the department since dropped.
Clements apologized for his actions during the hearing before visiting Senior Judge Daniel L. Howsare and said his actions were the result of “poor decision-making.”
Clements, 46, of Aliquippa, was charged with the misdemeanors in October, shortly after he resigned from his position. The Washington County district attorney’s office filed the charges after receiving a referral from the Pennsylvania Judicial Conduct Board. The referral focused on “possible payment of county funds for a training session that never occurred” June 6 and 7, 2013.
The affidavit of probable cause submitted by James McElhaney, chief county detective, noted he and county Detective Richard Gluth interviewed each member of both the juvenile and adult probation offices, but could find no one who took part in mixed-martial arts training during that time period.
“It was purported that this training had been administered by Justin Watters of H2O Mixed-Martial Arts,” the arrest affidavit said. Watters reportedly conducted this type of training in the past. Watters allegedly told investigators Clements told him funds for training “had to be used or lost” and asked him to provide an invoice stating the training took place. Watters expected the training to take place at a later date, but it did not, investigators said.
Washington County processed the payment, and Watters told investigators he cashed the check and provided between $1,800 and $2,000 to Clements “because when this arrangement was made, Clements told Watters he needed money and would need to get at least half of the $3,500. Watters related this was not unusual as he had given money back to Clements for past mixed-martial arts training sessions he had actually provided,” the affidavit stated.
During the sentencing hearing Clements and his attorney, Stephen Colafella, said Clements took only $1,000.
Watters was not charged.
Clements, who worked for the county since 1994, forfeited his pension. In addition to the probation, Clements was also ordered to pay $3,500 in restitution and to undergo a drug and alcohol evaluation and follow any recommendations. Howsare permitted Clements’ probation to be transferred to Beaver County, where he lives.
Colafella said Clements made a “mistake and is prepared to account for it.”
“The embarrassment is immeasurable,” Colafella said following Tuesday’s hearing. “He took tremendous pride in his work.”
Assistant District Attorney John Friedmann said Tuesday’s outcome is “proof that if you commit a crime, you will be held to the same standards as anyone regardless of what you do.”
Court Administrator Patrick Grimm said in October, state taxpayer dollars funded juvenile probation officers’ self-defense training through the Juvenile Court Judges Commission, a state agency based in Harrisburg.
The $3,500 was the “last allocation for this type of training, and there are no plans to have that type of training in the future as a matter of policy,” Grimm said.
The juvenile probation office is responsible for supervising sentencing and probation for juvenile offenders and preparing reports for the court on juveniles’ home life and school performance.
The office also is the subject of a pending whistleblower suit filed by former probation officer David Scrip in August 2014. Named as defendants are former president judge Debbie O’Dell Seneca, former deputy court administrator Thomas Jess, Clements and Washington County. Scrip claims his employment was wrongfully terminated after he tried to shed light on what he claimed were improper practices in the probation department.