He was fired Aug. 22 and Montgomery County Prosecutor Mat Heck — whose cousin is Bruns’ wife Julie, who is head of Heck’s juvenile division — filed a request to have Franklin County Prosecutor Ron O’Brien take over the case as special prosecutor on Aug. 30.
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Bruns’ sentencing is scheduled for Feb. 28. O’Brien has not filed a sentencing memo, but he previously said he is not recommending a prison sentence if Bruns pays back the money.
Bruns is charged with theft in office and tampering with records, which are both felonies.
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The judge in the case — Linton D. Lewis, a retired judge from Perry County — could still sentence Bruns to prison time.
The sentencing memo written by Bruns’ attorney, Charles Wagner, notes that Bruns is a husband and father; he was honorably discharged from the Ohio National Guard after serving six years; he has worked hard at several jobs, working for now-County Commissioner Dan Foley and Clerk of Courts Greg Brush; has volunteered with the special olympics and as a high school volleyball coach at Miamisburg High School.
“This writer has served as a criminal defense lawyer since 1976,” Wagner wrote. “Candidly, it is rare that I have found someone as contrite about his actions as I find David. He will continue to be a productive member of society when this incident is behind him.”
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