Charged with theft of grandmother's funds

PDT Staff Writer

Former Ohio Highway State Patrolman David Mitchell pled guilty on Wednesday to a charge of theft in the Scioto County Court of Common Pleas.

County Prosecutor Mark Kuhn said that Mitchell's case was a two-count indictment issued by the grand jury earlier this year. Counts against Mitchell include one count of third-degree felony theft, in which he was alleged to have stolen from his grandmother, Nova Mitchell's estate; and one count of theft from the elderly involving allegations of misuse of power of attorney involving his grandmother's funds before she died.

Mitchell's trial began Monday, and on Wednesday morning he pled guilty to one count of felony-three theft from the estate between $100,000 and $500,000. He has been scheduled for sentencing in January.

“Certainly we have an expectation there,” said Kuhn. “With the amount of money, we expect a prison sentence out of this.”

Mitchell was previously employed as a trooper with the Ohio State Highway Patrol, stationed at the Portsmouth Post of the OSHP. Sgt. Timothy Litteral of the OSHP said that these charges are not related to reasons why Mitchell was dropped by the department.

“He left on his own, and eventually was separated from the division,” Litteral said.

Litteral said Mitchell filed an injury suit several years ago and went on occupational leave, and then took leave because of emotional distress. When his medical leave expired, Litteral says he was let go.

Some of Mitchell's family members refer to him as a “con man.”

“He's a manipulator, he's done everything that he can to take the money and not repay what he has taken,” said brother, Bob Mitchell.

Bob Mitchell claims that his brother used his power of attorney over their grandmother to steal $26,000 between February and April 2004. After her death in April of that year, Bob Mitchell says his brother was named the executor of the estate valued at more than $600,000, and left it with only $92,000.

“He had used his knowledge from being an undercover narcotics officer, like whenever he would buy things or make bank transactions, he would do them at $9900. He would make sure that it was right underneath $10,000 so it wouldn't have to be reported to the IRS,” Bob Mitchell said.

He alleges that his brother used the money to buy tattoos, home renovations, vehicles, and vacations.

David Mitchell's attorney, Steven Willard, was not available to comment on his client's behalf at press time.

RYAN SCOTT OTTNEY can be reached at (740) 353-3101, ext. 235.