Former Salem police officer jailed on sexual imposition charges

Officer inappropriately touched two elderly women while in uniform

LISBON -- Former Salem police officer Michael K. Wirkner is now an inmate at the Columbiana County Jail for 60 days after pleading guilty to two counts of sexual imposition, a third-degree misdemeanor, against two elderly women.

"These are people who looked to you for protection -- you violated that trust," county Municipal Court Judge Tim McNicol said, calling what Wirkner did "shocking behavior."

Wirkner appeared before McNicol Tuesday morning, entering the guilty plea to a bill of information and waiving his right to indictment, witnessed by his former boss, Salem Police Chief J.T. Panezott and his former co-worker Salem Police Sgt. Karl Toy.

The deal came after a suspension and then his resignation this past spring, with unnamed allegations turned over to the Bureau of Criminal Investigation and the Ohio Attorney General's Office assigned to prosecute the case.

McNicol sentenced Wirkner, 49, Washington Street, Salem, to the maximum penalty for each count, 60 days in jail and a $500 fine, for a total of 120 days in jail and $1,000 in fines, but then suspended half of the jail term, for a total of 60 days behind bars. He also designated him a Tier I sex offender, requiring him to register as a sex offender annually for 15 years. He must perform 60 hours community service within six months. He was also placed on probation for five years.

As part of the conditions of probation, he was ordered to have no contact whatsoever with the two victims, use no drug of abuse, not consume or possess alcoholic beverages or enter any premises serving alcohol.

Wirkner was ordered to voluntarily and permanently surrender his Ohio Peace Officer Certificate, in lieu of a felony indictment, and to possess no firearms, ammunition nor any other weapons, whatsoever. He will never be a police officer again after a 15-year career in law enforcement.

"I'm sorry to everybody involved, especially the victims and my former police department," Wirkner said before being sentenced.

Special Prosecutor Denise Salerno, a senior assistant attorney general with the Ohio Attorney General's Office, described in great detail what happened to the two victims, ages 62 years old and 73 years old, in March this year. It all started on March 23 when Wirkner, after being the responding officer in a case involving the younger victim earlier in the month, showed up at her residence for what was supposedly a welfare check on March 23, when the older victim, a neighbor, was also there.

Salerno said he asked the younger victim for a hug, then reached around and spanked her on the buttocks and then touched her inner thighs, all while in uniform and fully armed. He asked her for a kiss and she said no. He asked the older victim for a hug, while she was in pajamas, so she gave him a hug and he spanked her. He had left his body camera in the patrol car.

He also fondled her breast and pulled up her shirt, telling her "now you can say you flashed a cop."

He returned to the first victim's residence a second time and she had audio of the incident when he asked her for a hug, she hugged him, then he spanked her and asked her for kiss, which she said no. The affidavit said the incidents with the younger victim occurred March 23 through March 28, while the incident with the older victim occurred March 23.

Salerno read statements from both victims, explaining to the judge that she had spent quite a bit of time speaking with both victims and they did not want to be in the courtroom.

"They didn't want to see the defendant, they didn't want to be in his presence," she said.

Both talked about their fear now of police officers, of nightmares and how they're scared all the time.

"I feel violated," she read from the younger victim's statement. She was in fear of what he might do next.

"He was in uniform when he sexually assaulted me," the older victim said.

She also said, "I don't want any contact with him. He should be ashamed of himself."

Salerno said both victims stressed they didn't want any contact with Wirkner ever again and they were happy with the agreement, wanting him to be on probation for a long term.

"This is pretty egregious and disgusting," she said about Wirkner's conduct and the way he took advantage of two vulnerable women.

"Hopefully the defendant has realized his behavior is unacceptable," she said.

He had no previous record, so the behavior was concerning.

"My client is fully ashamed and embarrassed, as he should be. He takes full responsibility for his behavior and actions," Wirkner's defense attorney Paul J. Siegferth Jr. said.

He assured that his client would have no contact whatsoever with the victims.

McNicol told Wirkner his actions tarnish not only his former department but law enforcement everywhere. He said just probation without jail time would diminish the seriousness of his actions, then issued the sentence with jail time.

"Everyone in the department is upset about it, disappointed, humiliated," Panezott said.

"We're very happy that he got a jail sentence," he said.

Panezott shared that a lot of officers wanted to go put handcuffs on him immediately, but "we understand these things take time."

In case supplementals, Salem Police Detective Brad Davis noted he was called to Panezott's office on April 1 and was told the chief received a phone call from a counselor regarding allegations from a client against a Salem Police Department employee, specifically that a police officer "had inappropriately touched a female at her residence in the city while on duty."

On April 2, Panezott and Davis interviewed the two victims about what happened, with them relaying the events the same way that Salerno described them to the court regarding the hugging, the smacking on the behind and asking for a kiss. The first woman described how Wirkner would show up prior to this incident, randomly checking on her. At first, she just thought he was being nice. After the incident on March 23 when he inappropriately touched both women, he showed back up on March 28 at the first woman's residence. Prior to this, the woman had disclosed to a counselor about what had happened and was told to try to record the incident. She had documented his name from his name tag, writing on a piece of paper, "Wirkner."

She took a picture of the car and set the phone down to record.

According to the report, when she answered the door, she told him she had to get something on, and he said, "You know you don't have to wear clothes for me."

He asked for another hug and she thought to herself that he would then leave, but he stayed, touched her behind and asked for a kiss, but she came up with an excuse.

The woman said she was scared of him and when asked how many times he had shown up without a report being done, she said six to eight times at least. She noted that he was always in uniform, but never wore a body camera.

Panezott said that same day, he put Wirkner on paid administrative leave and took his department-issued equipment, explaining that paid administrative leave was required per the collective bargaining agreement while the investigation was pending. That same day, the chief also contacted BCI to request assistance and BCI took the case that day.

During an interview with Davis, with Wirkner's union representation, and with Toy present, Wirkner said he didn't know if his body worn camera was activated on March 23 or March 28 during the interactions with the women. He was asked if he had any physical contact with any of them and he said no and denied each of the allegations of touching.

While the investigation by BCI was ongoing, Wirkner resigned, with the Ohio Peace Officer Training Academy record portal noting he had resigned in lieu of termination effective May 11.

After the plea and sentencing, when Panezott was asked what he wants the citizens to know in light of this case, he said, "I think they need to be assured, we will police our own."

If an officer violates the law, they need to be held accountable.

"I just hope our public knows this is not a reflection of our department or any officers in this county," Panezott said.

As part of the sentence, Wirkner must be evaluated and complete treatment for general mental health. He joined the Salem Police Department as a part-time patrolman in August 2016 and then became full-time in February 2021. A 1996 Salem High School grad, he previously worked part-time with the Goshen Township and Perry Township police departments after graduating from the Kent State University Police Academy in 2011.