Greene EMA director sues former DA, detective for malicious prosecution
Greene County’s emergency management director is suing the former district attorney and his lead detective, accusing them of maliciously prosecuting him and other county officials during their tenure.
Richard Policz filed the federal lawsuit earlier this month against former county prosecutor David Russo and detective Zachary Sams, claiming they falsely accused him and others of obstructing the investigation into why a 911 dispatcher declined to send an ambulance to a dying Sycamore woman in July 2020.
The lawsuit accuses Russo and Sams of “a pattern and practice of infringing the constitutional rights of others by weaponizing the criminal justice system” against perceived enemies within the county government.
“Mr. Policz was swept up in Russo’s and Sams’ corrupt and illegal practices not through any fault of his own,” the lawsuit states. “Instead, it was part and parcel of Russo’s and Sams’ scheme to intimidate and retaliate against various public and private officials in Greene County and was part of a pattern and practice of malicious retaliation and a reckless relationship with the truth.”
It’s similar to another lawsuit filed against Russo and Sams in April when former emergency management director Gregory Leathers and Robert “Jeff” Rhodes, who currently serves as the 911 center coordinator, also accused them of malicious prosecution.
Both lawsuits center around criminal charges filed by Sams in 2022 against Policz, Leathers and Rhodes – all of whom are or were high-ranking emergency officials – claiming they obstructed his investigation into the July 2, 2020, death of 54-year-old Diania Kronk. Leon Price, a dispatcher on duty at the 911 center, declined to send an ambulance at the request of Kronk’s family members the day before her death because he wanted assurances she would go willingly, according to court documents.
Price was charged with manslaughter in June 2022, and the three 911 officials were charged the following month and accused of obstructing the investigation. All charges against Policz, Leathers and Rhodes were dismissed by Senior Judge Katherine Emery this past November after she determined there was no prima facie evidence to proceed in the case since the emergency officials did not impede Sams’ search of the 911 dispatch center four years earlier. The criminal case against Price was withdrawn last month after the county’s new district attorney, Brianna Vanata, who ousted Russo from office during last year’s Republican primary, found evidence that Sams issued a memo in August 2020 stating that he did not think there was enough evidence against the dispatcher to pursue charges.
Policz’s lawsuit, which was filed July 17 at the federal courthouse in Pittsburgh, follows the same general premise of the joint lawsuit by Leathers and Rhodes about how searches of the 911 center were handled by Sams and whether an administrative binder was withheld from the former county detective that the plaintiffs claim was in plain sight. Both lawsuits accused Russo and Sams – and Greene County’s government – of using their police powers as retribution to maliciously prosecute the 911 officials.
“As it relates to Mr. Policz, Russo and Sams publicly accused him of wrongdoing and brought false criminal charges against him for supposedly obstructing the investigation into the failure of a Greene County 911 dispatcher to properly respond to a medical emergency that allegedly led to the unfortunate death of a Greene County citizen,” the lawsuit states. “The charges against Mr. Policz were ultimately found to be meritless and were dismissed by the Greene County Court of Common Pleas.”
Former Greene County commissioner Mike Belding also sued Russo and Sams last December, accusing them of falsely bringing criminal charges against him over an error made in deciding how candidates would appear on the ballot for the May 2023 primary. The attorney general’s office reviewed the case and immediately dropped all charges against Belding.
“Russo and Sams conspired together, and with others, over several years to violate the constitutional rights of numerous individuals, including Mr. Policz, by engaging in a pattern and practice of publicly harassing, disparaging, threatening, investigating and falsely prosecuting perceived opponents and their associates, including many who served in various capacities within the Greene County government,” Policz’s lawsuit states.
Pittsburgh attorney Paul Krepps, who is representing Russo in the other civil cases, could not be reached Monday to discuss Policz’s lawsuit. Harrisburg-based attorney Rebecca McCullough, who has been representing Sams, declined to comment Monday.
The lawsuit accuses Russo and Sams of violating Policz’s First, Fourth and Fourteenth amendment rights, and requests unspecified compensatory and punitive money damages, along with attorney fees. Policz’s attorney, Tina Miller, could not be reached for comment.
Meanwhile, Kronk’s family is suing Price, Leathers and Policz, claiming they failed in their official duties to help the dying woman. The lawsuit was initially filed in June 2022, but was put on hold when the criminal charges were filed by Russo in the case. It resumed last month when the charges against Price were withdrawn.