Dayton police officer Setty put on unpaid leave; on probation after sex probe

A Dayton Police Department cruiser parked outside of City Hall. CORNELIUS FROLIK / STAFF

A Dayton Police Department cruiser parked outside of City Hall. CORNELIUS FROLIK / STAFF

The Dayton Police Department on Monday announced that it has placed police Sgt. Joseph Setty on unpaid leave while it conducts an administrative investigation into his conduct.

Setty last week was sentenced to up to three years of probation after he was found guilty of three misdemeanor charges. The Dayton Daily News was the only news outlet present during his sentencing hearing on Thursday.

Setty, 42, earlier this month pleaded no contest to a charge of unlawful restraint (a third-degree misdemeanor) and two counts of disorderly conduct (a fourth-degree misdemeanor).

The charges arose from accusations by multiple women who said Setty engaged in nonconsensual sexual acts, according to investigative documents from the Ohio Attorney General’s Bureau of Criminal Investigation that were obtained by this news organization.

Dayton police officials at a city commission meeting in January, 2023. CORNELIUS FROLIK / STAFF

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Setty had been on paid administrative leave since March 2023. But the Dayton Police Department announced in a post on X (formerly Twitter) that he was now on unpaid leave as an administrative investigation is conducted.

“The Dayton Police Department takes the allegations made against Joseph Setty very seriously,” the post states. “As this is an ongoing investigation, we will provide further updates as they become available. We appreciate the community’s patience and cooperation during this time.”

Setty was put on paid leave last year by the Dayton Police Department after police leadership learned about accusations made against him on a private Facebook group called “Are We Dating the Same Guy?Cincinnati/Dayton.”

Montgomery County Common Pleas Judge Timothy O’Connell sentenced Setty to basic probation supervision for a period not to exceed three years.

O’Connell ordered Setty to obtain and maintain employment, and the judge directed Setty not to have contact with three victims.

Some criminal convictions prohibit people from possessing, carrying or owning a firearm. O’Connell said the no-possession firearm rules do not apply to the scope of Setty’s employment. The judge ordered Setty to attend a victims of violence impact panel.

Setty was accused of sexual misconduct in the private Facebook chat, which allows women to share information about men they date to try to find out if they are cheating or have engaged in bad behavior.

Joseph Setty is sworn in as a Dayton Police Department sergeant Feb. 25, 2016. Photo courtesy City of Dayton

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BCI investigators interviewed multiple women who posted comments about Setty in the group. One woman said in a post that Setty raped her, even though she later told investigators that she did not believe his actions constituted rape.

However, other women who spoke to investigators said Setty performed sexual acts while they were being intimate that they did not consent to and Setty did not stop when told to, according to investigative documents.

One woman told BCI that she performed a sex act on Setty at his home in early 2023 even though she did not want to because she believed she did not have a choice and it was the only way she was going to be able to leave, an investigative report states.

Setty joined the Dayton Police Department in 2006 and was promoted to sergeant in 2016.

Setty was honored for outstanding public service in 2013 and 2017 and he was awarded law enforcement officer of the year by Miami Valley Crime Stoppers in 2015 and 2016, says a sentencing memo filed by his attorney, Antony Abboud.

Abboud’s memo asked the court to place Setty on community control (probation).

“Mr. Setty is a father of two, and his family depends on the income he provides to give them a stable, loving home. He has a close relationship to both his children and exceeds expectations as a father and role model,” the memo states.

“He is also an active member of his community, whether it is within the scope of his duties of a police officer or his own personal volunteering efforts. ... Mr. Setty has no previous criminal history and expresses remorse for his actions.”

Setty did not make any comments in court on Thursday.

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