Report details ‘kissing cop’ incident; disciplinary hearing set for today
Brad Dicken | The Chronicle-Telegram
ELYRIA — An Elyria police youth sex crimes detective who kissed a 17-year-old girl in the women’s restroom at Marc’s told fellow officers that he chose the restroom to make a pass at the girl because he knew there were no surveillance cameras there.
Det. Eric VanKerkhove, 39, said in a police interview that “he knew what he was going to do was morally wrong because he was married and also not right because he was in full EPD uniform,” according to a police report on the June 13 incident released Thursday.
VanKerkhove, who is suspended with pay, pleaded no contest Tuesday to misdemeanor charges of disorderly conduct and criminal trespass. Elyria Municipal Court Judge Lisa Locke Graves found VanKerkhove guilty and fined him $100.
Elyria police Chief Michael Medders said he will hold a disciplinary hearing with VanKerkhove today.
 |
| VanKerkhove |
The report suggested that VanKerkhove could face administrative charges of conduct unbecoming a police officer, and Medders said punishment could range from a verbal reprimand to termination. The final decision, he said, will be made by Safety Service Director Chris Eichenlaub.
The girl told police that she and VanKerkhove, who had worked at the store as a security guard while off duty for the past three years, had a flirtatious relationship and their conversations sometimes had sexual overtones. While the girl said VanKerkhove knew her age, the detective said he believed she was older than 18.
She told police that the day VanKerkhove kissed her, he had escorted her to the back of the store with her cash drawer. After putting the drawer away, she said she told him that she was going to the restroom and the detective jokingly acted like he was going to follow her inside.
While she was inside a stall in the employees’ restroom, the girl said she heard someone come in and then she heard VanKerkhove ask, “Where did you go?”
When she came out of the stall, the girl said she asked VanKerkhove why he was in the women’s room, according to the report.
But instead of answering, the girl said, VanKerkhove put his hand on the back of her neck and pulled her toward his face and French-kissed her.
“Det. VanKerkhove described the kiss as a peck. He stated that the kiss was consensual,” the report said.
“Det. VanKerkhove advised officers that after the kiss, (the girl) pumped her fist in the air and said, ‘Yes.’ Det. VanKerkhove took this to mean that she enjoyed the kiss,” according to the police report.
The kiss lasted a moment and then VanKerkhove left the restroom, while the girl — who said she didn’t know what to do — washed her hands before following him out.
When VanKerkhove left the restroom, he ran into the store manager who asked him what he was doing in the women’s room.
VanKerkhove later told police he lied to the manager, telling him that the girl had been throwing paper at him and he followed her into the restroom to throw paper back at her, the report said.
“Det. VanKerkhove stated that he was afraid that he was going to get into trouble with his wife for kissing (the girl),” the report said. “He also stated that he did not want to get into trouble with the police department over the incident.”
The girl denied throwing paper at VanKerkhove, but didn’t report the kiss to the store until she talked with her mother, who told her to tell a female assistant manager.
After the girl told her about what happened, the assistant manager insisted on accompanying the girl whenever she left the area she normally worked in. The assistant manager told police that she and the girl did encounter VanKerkhove and the girl seemed uncomfortable around him.
VanKerkhove later asked the assistant manager what was wrong with the girl, and she told him that the girl was having a bad day.
The girl’s family told police that they didn’t want charges filed against VanKerkhove, so long as he no longer worked at the store. Marc’s also declined to press charges.
The manager told police that he’d had only one other complaint about VanKerkhove — that he had touched another female employee’s buttocks, but nothing ever came of the complaint, and VanKerkhove denied it when questioned by police.
Elyria City Prosecutor Jay Grunda said he reviewed the case and felt the disorderly conduct and criminal trespass charges were appropriate. The lips, he said, are not on a list of errogenous zones that state law defines as necessary to be touched for the incident to have been a sex crime.
The age of consent in Ohio is 16.
Grunda said he gave no special treatment to VanKerkhove.
“I had no idea who it was,” he said, because the report he reviewed didn’t contain the names of either VanKerkhove or the girl.
Medders also said the charges police filed against VanKerkhove were appropriate.
“If he would have kissed this girl anywhere but the restroom, there probably wouldn’t have been any charges,” he said.
Contact Brad Dicken at 329-7147 or bdicken@chroniclet.com.
| |
|
Filed by Brad Dicken | The Chronicle-Telegram August 29th, 2008 in Top Stories. Popularity: 8% |
 Email this story
 Print this story
Read comments and discuss this story
Report an innappropriate comment
|
In order to comment, you must agree to our user agreement
and discussion guidelines.
You must be registered and logged in to post a comment. If you aren't already registered, click here. If you are registered, click here to log in.
Comments
Comment from
BEN DOVER
August 29, 2008, 3:59 am
I know its morally wrong, but I’m going to do it anyway, and I know I have an EPD uniform on , But, I’m gonna do it Anyway! I KNOW there arent cameras in there, So Thats where I’ll do it….sounds to me like SOMEONE just DIDNT care!! JUST HAD TO DO IT!!
Comment from
justsaying
August 29, 2008, 7:22 am
This is BS and is being swept under the rug and it is clear to everyone. WTF, is this Lorain we are talking about or Elyria, I am really confused.
1. Followed her into *womens* restroom =’s STALKING.
2. Lied to Marc’s Manager about what he was doing in there = Fired ( this doesn’t look good for Marc’s, did the Manager go into the restroom himself and make sure there wasn’t a little girl molested in there, and that everyone was safe, or did he just believe what the police uniformed man was saying ??
3. Conversations with a *sexual overtone* while at work = Sexual Harassment.
4. He knew she was a minor = but tried to lie his way out of it.
5. Jokingly acted as if he was going to follow her into the restroom = Sexual Harassment and he WASN’T JOKING, he actually did it, so that blows the *jokingly acted* part right out the door.
6. He took a hold of her neck and French Kissed her *lied and said it was a peck* = a french kiss is a very strong SEXUAL OVERTONE, again, *sexual harassment* and *ASSULT* for touching her.
This guy should fry and be put on the pedofiles list. MARC’S what are you going to do about it???? If you leave this man empolyed that sezs alot about your store and I will not shop there again, until he is GONE !!!!!!!! And I am totally outraged that Elyria elected officials would react in this manner. All you did was ask for a *tip*. Your message that you have sent is all to clear to me, *Hey, tip the Court $100.00 and you can grab any 17 year old of your picking, even follow them into the womens restroom to get what you want.*
Comment from
Rescue64
August 29, 2008, 7:58 am
Hey justsaying, this is definitly Elyria. Lorain may have it’s problems but to think it is worse then Lorain is idiotic. Elyria is slowing becoming the armpit of the county and you need to rrealize that Elyria is not higher then Lorain in the gene pool.
Comment from
justsaying
August 29, 2008, 12:55 pm
Count all the corrupt stories in the newspaper about elyria officials this year vs lorain officials.. case closed !!!!
Comment from
BEN DOVER
August 29, 2008, 1:37 pm
Thats just it, if Marcs doesn’t press charges and neither does the young woman, then there IS NO crime! I sure hope Medders has some BIG ONES and does what needs done as far as Department wise. We’ll see when the Chronicle reports that “BREAKING NEWS”
Comment from
JZ
August 29, 2008, 5:03 pm
Just Saying. If the girl says she was not harassed and doesn,t want to press charges then it is not sexual harassment just cus you say so. For me to sexually harass a female at work she has to feel harassed herself and express that she does not want the advancements, jokes, innuendos, or whatever form it may be taking. Consensual flirting is not sexual harassment, despite how innappropriate the officers actions were in this case. It is mainly up to the girl in this case to tell the truth and be honest about whether or not SHE and only SHE was and felt sexually harassed. Stalking? You are an alarmist.
Comment from
Darksky
August 29, 2008, 7:42 pm
It’s amusing, when people who have no grasp whatsoever about the Ohio Rivised Code attempt to make up the elements of crimes as they go along. Stalking and Assault? Look up the crimes and read the elements. It’s online im certain.
Comment from
justsaying
August 29, 2008, 10:46 pm
What is amazing is that people lash out when they have no idea what they are talking about. Been there done it.. sorry *winks*
Comment from
justsaying
August 29, 2008, 10:48 pm
And the girl must have some complaints about the issue, or why did she report it ????
Write a Comment