Login | January 27, 2026
Officer improperly fired for failing to pink slip schizophrenic shoplifter
TRACEY BLAIR
Legal News Reporter
Published: February 25, 2019
A Portage County trial court did not abuse its discretion by reversing the Village of Windham Council’s decision to reinstate a police officer who was fired over his dealings with a schizophrenic suspect, the 11th District Court of Appeals recently ruled.
Village Mayor Deborah Blewitt appealed the lower court’s March 2018 judgment setting aside Thomas Denvir’s termination.
Denvir, a part-time Windham police officer with 28 years experience, responded to a theft in progress at True Value on June 5, 2016.
According to court records, the suspect was Joshua Ward – who was carrying a backpack. Store owner Dennis Mulhern saw Ward removing items and putting them in his backpack.
After the officer asked Ward if he had taken anything from the store, Denvir removed items from the backpack, including an ax, duct tape, knife, LED key chain, a flashlight and a chain lock from his backpack. The officer searched Ward and found two knives and cell phone. The items totaled $84.45.
Ward had a criminal record dating back as a juvenile for theft, trespassing and assault. In 2015, he threatened to kill a 15-year-old boy. Two other officers in those cases referenced the fact that Ward suffers from schizophrenia.
Meanwhile, Denvir had no prior dealings with Ward and was unaware that he has the mental disorder.
Ward told Denvir that the “voices in his head” made him take the items at True Value and that he had stolen “stuff” the day before. Denvir said he believed the “voices” statement was an excuse and arrested Ward, who remained compliant.
Ward was released after the Garrettsville Police Department’s jail was full and unable to take him. Ward signed a personal bond, was given a court date and hearing and was driven home by the officer.
Denvir filed an administrative appeal after he was later disciplined and terminated. The trial court found the termination was “unconstitutional, illegal, arbitrary, capricious, unreasonable or unsupported” by the evidence.
The appellate panel agreed.
“The record reflects that Mr. Ward has a history of interactions with the Windham Police Department where the allegations were of a violent nature, included the threat of a firearm being used, a firearm possibly being in his possession, and with the responding officers’ reporting knowledge of Mr. Ward having a schizophrenia diagnosis,” 11th District Judge Colleen Mary O’Toole said in her opinion. “The record reflects that at least one officer present at the police department on June 5, 2016, Officer (Trisha) Fall, was an officer who had taken a prior report on Mr. Ward and would have been familiar with his history. Her familiarity was evident from the record when she went into the holding area and spoke to Mr. Ward regarding how well he had been doing prior to that day. However, the record does not reflect that Officer Fall communicated her knowledge to (Denvir) or that (Denvir) had knowledge of any schizophrenia diagnosis and failed to act after receiving the information.
“Nevertheless, Denvir was suspended and ultimately terminated in his position as an officer with the WPD.”
In addition, Denvir asked Fall to help prepare the report and complaint, but neither she nor the other officer who was aware of the facts of the case felt a need to seek a pink slip on Ward. The police chief acknowledged these officers were under the same obligation to evaluate Ward’s mental health status, Judge O’Toole noted.
“Denvir indicated if he had prisoners as compliant and cooperative as Ward, his job would be ‘easy,’ “ she added in the opinion. “Denvir stated that no one at WPD had ever brought Ward to his attention as someone to watch out for.”
And nothing made him feel as though Ward needed medical evaluation, the officer said.
The panel affirmed the trial court’s judgment.
Appellate judges Diane V. Grendell and Thomas R. Wright concurred.
The case is cited Denvir v. Blewitt, 2019-Ohio-187.