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Nyerges
seeks medical disability
By Jeff Gallatin
Bay Village
Published Aug. 8, 2007
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Sgt.
Warren Nyerges
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Twenty-year
veteran Bay Village Police Sgt. Warren Nyerges, who is facing charges
in Rocky River of using illegal steroids, domestic violence and
having a dangerous animal, has applied to the state for a medical
disability, officials said.
Both Nyerges’ attorney Gary Seewald and Bay Village
Law Director Gary Ebert confirmed the former DARE officer and patrol
shift supervisor has formally filed his request with state officials
for medical reasons.
“He is having problems with his heart and is seeking
the disability as a result,” Seewald said.
Seewald declined to speculate on whether Nyerges’
alleged use of steroids contributed to his heart problems, only
saying that Ohio state laws provide for Nyerges’ being able to apply
for the disability for heart health issues.
“He filed the request for medical reasons several
weeks ago, and we’re waiting to hear back from the state on it,”
he said.
Seewald also continued to decline to discuss the charges
against Nyerges in Rocky River, citing the ongoing nature of the
case. Both the city and Nyerges’ defense attorneys are awaiting
the assignment of a visiting judge to Nyerges’ case which will be
heard in Rocky River Municipal court. Both Rocky River municipal
judges, Donna Congeni Fitzsimmons and Maureen Gravens have recused
themselves from the case, citing their work with Nyerges in law
enforcement and community events. Bay Village is one of five cities
whose cases are filed in Rocky River Municipal Court.
Rocky River police officials said the move has no
bearing on their case against Nyerges and that the charges remain
whatever the state decides.
Ebert said the city has no say in the disability request
by Nyerges.
“He has every right to make that request of the state
as a public employee, and the city has no say in that decision,”
Ebert said. “It will be made by the state officials who examine
the case.”
Ebert said city officials were informed of Nyerges’
move by Seewald.
“We can’t do anything else and won’t know anything
else until the state informs us all of its decision,” Ebert said.
He said Nyerges is currently using up the remainder
of his paid sick leave and vacation time with the city.
“Again, it’s a case of where the city can’t really
do anything about that,” Ebert said. “If he leaves the department,
we would have had to pay that to him anyway. So, he’s using it up
now while everything is pending.”
City officials had initially put Nyerges on paid administrative
leave after Rocky River Police charged him with domestic violence
and having afive-foot-long alligator in his home after a June 6
incident at his home in which Nyerges allegedly threatened bodily
harm to himself, his wife and her dog. Nyerges was suspended without
pay after Rocky River added the drug abuse charge stemming from
steroids found in his home after officers obtained a search warrant
and found pills which tests later confirmed were steroids.
Bay Village Police Chief Dave Wright said he couldn’t
say much about the latest development because state law prohibits
his discussing an employee’s possible medical condition.
“We as a department have to see how this turns out
before anything else can happen,” he said.
Ebert estimated that it would take at least 90 days
before any decision is rendered by the state on the disability request.
(West Life reporter Ben Saylor also contributed
to this story.)
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