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Former officer won't be charged in motorcycle club incident

Emil Whitis • Sep 29, 2011 at 1:59 PM

A special prosecutor said he will not seek charges against a former Sandusky police officer who argued with a motorcycle club member at a local bar.

Even after an extensive criminal investigation by Erie County Sheriff’s deputies, there was not enough evidence to charge ex-cop Mel Burns with assault, Norwalk law director Stuart O’Hara said.

O’Hara’s decision centered around a shoulder nudge Burns allegedly gave Outlaw biker Christian Miller on Aug. 16 at Margaritaville.

“I would’ve had to prove (he) attempted to cause or did cause physical harm,” O’Hara said. “No one claimed they were hurt, so that’s out.”

O’Hara also looked at possible menacing charges, but decided that also wasn’t an option.

O’Hara said his decision was complicated by the fact police officers have special rights on-duty — especially in the middle of altercations.

“Whether or not he was doing good police work, I can’t say,” O’Hara said. “I can say he didn’t get beyond the threshold for criminal behavior.”

For more on what led to the initial incident, pick up a copy of Thursday's Register.

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