An Ohio State Highway Patrol trooper with a history of domestic violence won't face charges related to alleged sexual encounters involving a boy, Sandusky County Sheriff's Deputy Sean O'Connell said.
Trooper Ricky Vitte Jr. acknowledged to his wife that he watched porn with the boy five years ago and both Vitte and the boy masturbated together, according to a report by O'Connell.
Vitte later told his wife he was attempting to teach the boy about sex, the report said.
Vitte said a dresser blocked his and the boy's views of each other as they both masturbated, according to the report, which also alleges there were two sexual encounters of that nature involving Vitte and the boy.
"Rick's reasoning is the fact that he did not want (the boy) to feel pressured on feeling the need to have to have sex with someone, when he can fix those needs by masturbating to porn," O'Connell wrote after an interview with Vitte's wife.
Sandusky County prosecutor Tom Stierwalt opted against seeking an indictment. He declined to present testimony before a grand jury because Vitte might have presented a defense that justified his alleged actions, Stierwalt said.
This is not the first time Vitte's off-duty behavior warranted a criminal investigation.
Five years before Vitte allegedly masturbated with the boy, he was charged with domestic violence. When his then-girlfriend's 5-year-old son wet the bed, Vitte spanked the boy's buttocks until they were bruised and bleeding, according to a Sandusky County deputy's report.
When an argument ensued over the spanking, Vitte head-butted the woman, the report said. In a plea agreement, he later pleaded no contest and was convicted on a reduced charge of child endangering.
Sandusky County officials initially did not provide the woman's identity to the Register — they redacted her name on an incident report — but the name was later included, without redactions, on a second copy of the report officials provided.
Vitte's violent past resurfaced during the recent sex crime investigation.
During an interview with social workers, one of Vitte's children said his father has pushed and shoved him over the years, and punched him at least once, according to O'Connell's report.
The boy and his siblings also told investigators they saw their father punch holes in walls and doors during violent fits of rage. At other times, they watched Vitte drag their mother into another room by her arm and begin yelling at her, the report stated.
Vitte has been represented in the past by attorney Dean Henry, who has worked closely with O'Connell since November 2012 as a special prosecutor and defense counsel for Sandusky County working on the Limberios death investigation.
Late last year, when O'Connell and social workers tried to interview Vitte about the most recent allegation, he sped away from his home in his Ohio State Highway Patrol cruiser.
A chase ensued. O'Connell instructed the deputy driving to activate the overhead lights in his cruiser, and Vitte fled for about a mile at speeds of up to 60 mph before the chase ended, according to the report.
"He was purposely fleeing the area to avoid confrontation and or an arrest," O'Connell said in his report.
When Vitte finally stopped and O'Connell questioned him about allegedly masturbating with a boy, Vitte declined to talk and said he wanted to contact his attorney first.
Vitte was not charged for fleeing from law enforcement.
O'Connell said that decision was made by the prosecutor, but Stierwalt said, "I suppose that's something; we could give a misdemeanor."
O'Connell did not provide any further information in his report detailing whether he interviewed Vitte, or what he said, or whether he was represented by Henry or a different attorney in this latest incident.
In a Jan. 10 memo included in O'Connell's report, the detective stated the reason Stierwalt declined to seek charges was because of the amount of time that had elapsed since the incident, as well as the lack of physical evidence.
It's not clear why the time element would be a factor, since the statute of limitations for felonies in Ohio is six years and the alleged sexual encounters with the boy happened five years ago. O'Connell also did not say in the report what physical evidence he was seeking.
But when asked about the reasons O'Connell listed, Stierwalt said he reviewed the file again after the Register made a public records request. After that second review, he determined the main reason he declined to seek charges was Vitte could argue he masturbated with the boy while watching pornography to teach him about sex, suggesting it was not a crime for which Stierwalt could get a conviction.
It's not clear why Stierwalt would preemptively decline to file charges. Generally it is incumbent on the suspect to present his own defense, rather than the prosecutor providing a defense for him. Stierwalt did not respond to written questions the Register emailed him, asking about these and other issues.
O'Connell maintained the report had no discrepancies in need of correcting.
"I can't imagine a situation where that would be appropriate in our culture," clinical counselor Marlene Boas said.
"If he would've masturbated in the same room as (a pre-teen girl), do you think he would be prosecuted?" Boas said.
Vitte is a state trooper in good standing, according to his personnel file with the Ohio State Highway Patrol. His annual salary at the Toledo patrol post is about $83,000.
His father, Richard Vitte Sr., is a retired Ohio State Highway Patrol trooper.
Vitte's wife, and the past girlfriend of the 5-year-old child who was bruised and bleeding from his buttocks after Vitte spanked the boy and allegedly head-butted the woman, both obtained civil protection orders against Vitte in the past.
The most recent CPO was modified, however, to allow Vitte to carry his service revolver so he could continue to work as a state trooper.
Attorney Henry is representing Vitte Jr. in a court motion filed by Vitte's wife described as a "domestic violence petition filed with parenting affidavit." She appears to be seeking full custody of the couple's five children and has requested Vitte not be allowed access to them, according to court records.
In response to the motion, attorney Henry appears to have successfully petitioned to allow Vitte to carry weapons and give him supervised visitation with his children.
Henry declined to respond to the Register's inquiry.
Click here to read written answers from Detective O'Connell.