Police said last week that Wagoner's claim of being assaulted by the teens wasn't supported by the facts. He told authorities in February he suspected the assault was part of a gang initiation. Donaghy said Friday that employees are eligible for a payout in the case of a felonious assault. The payout can be up to $100,000, and Wagoner did inquire about the payout through his union rep after the incident, he said.
The NAACP commended Donaghy for Wagoner's firing.
Dayton Unit NAACP President Derrick Foward said, "There is no other recourse but termination in this manner. We are very happy, extremely happy, that the RTA has made the right decision." Now the Dayton NAACP wants to see criminal charges pursued.
Dayton City Prosecutor Stephanie Cook declined to file charges based on the police investigation. She also has declined, through a city spokesman, to explain why no charges were filed.
When asked about the city prosecutor's decision, Foward said, "That is highly disturbing. Everybody always says you ought to support your law enforcement, but when you have your city prosecutor not supporting the law enforcement, that is very disturbing."
Foward said he has asked Ohio Attorney General Mike DeWine's office to intervene. He said he was told in order for the attorney general to investigate, the office would have to be contacted by the city or county prosecutor, or the Dayton Police Department.
Wagoner repeatedly has declined comment.
The attorney who represented him in the criminal investigation, Jeremiah Denslow, said Tuesday, "From my understanding not only the Dayton police but the FBI has done a thorough investigation and a lengthy one. While they believe Mr. Wagoner was not truthful with them, I suspect the authorities didn't feel they could prove it in a court of law."
The investigation also has been reviewed by the Montgomery County Prosecutor's Office. Tuesday, office spokesman Greg Flannagan said the police investigation had the potential for misdemeanor charges, which would not be handled by the county prosecutor.
"Our office did have some discussions with the Dayton Police Department concerning this matter and we were assured any possible alleged charges would be misdemeanors. There would not be any felonies they could pursue," Flannagan said.
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