The former Perkins Township police chief already facing federal charges could find himself in more legal trouble.
Erie County Common Pleas Judge Tygh Tone approved assigning special prosecutor Ken Egbert Jr. of the Ohio Attorney General's office to further investigate Tim McClung.
Erie County prosecutor Kevin Baxter requested the special prosecutor, citing a "possible conflict of interest for the Erie County prosecutor and his assistants," according to the judgment entry.
McClung was federally indicted on one count of theft in programs receiving federal funds and two counts of mail fraud last month. He was arraigned June 17 and is free on $10,000 bond.
The special prosecutor will investigate whether McClung broke any state laws, Baxter said.
"I felt that we needed a special prosecutor to protect the state's interest in the event there may have been some state violations," Baxter said.
Ted Hart, spokesman for Ohio Attorney General Richard Cordray, confirmed a member of the office has been assigned as a special prosecutor for an Erie County investigation but would not confirm the probe involves McClung because no charges have been filed.
McClung is accused of selling department firearms to private individuals and pocketing the money. He allegedly sold 11 weapons from 1995 through 2006 to individuals identified only by their initials. In exchange, he allegedly accepted checks totaling $7,475 for the weapons, which included handguns and sniper rifles.
McClung resigned from the department in July 2008. His resignation was part of an out-of-court settlement of a lawsuit McClung and Lt. Al Matthews filed in 2007 against the township, trustee Bill Dwelle and his wife, Sandra Dwelle, alleging defamation of character.