BY STEVE KEMME
The Cincinnati Enquirer
WILMINGTON -- Richard Payton, Blanchester's suspended police chief, has given up his legal fight against accusations that he bungled the investigation of Carrie Culberson's disappearance two years ago.
He pleaded no contest to reduced criminal charges Tuesday in Clinton County Common Pleas Court.
In exchange for the no-contest plea to two misdemeanor counts of dereliction of duty, Clinton County Prosecutor William Peelle dropped two felony obstruction of justice counts and reduced a third obstruction count to dereliction of duty.
Judge William McCracken gave Mr. Payton a suspended 90-day jail sentence and a $750 fine for each count, and one year of unsupervised probation.
Mr. Payton failed to take action or ask for assistance in the week after the 22-year-old Ms. Culberson, of Blanchester, was reported missing Aug. 29, 1996, Mr. Peelle said.
"He had information and didn't act on it," he said.
Mr. Payton may have lost a great opportunity for finding Ms. Culberson's body on Sept. 3, 1996, Mr. Peelle said.
On that day, five days after Ms. Culberson's disappearance, bloodhounds picked up her scent near a pond in a junkyard.
Mr. Payton failed to order an immediate search of the pond and didn't station any officers there to secure it overnight, Mr. Peelle said.
When police returned the next day and drained the pond, they found fresh footprints and evidence that something had been dragged from the bottom. "Whatever had been in the pond the day before wasn't there anymore," Mr. Peelle said.
Ms. Culberson's body has not been recovered.
Her ex-boyfriend, Vincent Doan, was convicted last year of kidnapping and murdering her. His brother, Tracey Baker, is serving eight years in prison for helping cover up the crime.
After the plea hearing, Mr. Payton said he decided to drop his not-guilty plea because he didn't think he could win acquittal in court and he wanted to get on with his life.
His attorney, Jerry Bryant, said the chance to avoid jail convinced him it was best for Mr. Payton to enter a plea bargain.
Mr. Peelle said he offered the plea bargain because he thought it would have been difficult for a jury to determine whether Mr. Payton obstructed justice.
He said he consulted with the Culberson family and Blanchester officials before agreeing to the plea bargain.
Ms. Culberson's mother, Debbie Culberson, said Mr. Payton's no-contest plea satisfies her "as long as the public knows that he screwed up."
