Montgomery County Clerk Foley Seeks Dismissal of Charges Following Alleged Death Threats
Representatives for Montgomery County Clerk of Courts Mike Foley are requesting the dismissal of criminal charges against their client following allegations of threats made by two individuals connected to challenges of his authority, revealed today.
According to a Huber Heights police report filed last week, Ohio Auditor of State Investigator Diane Bouza was informed by Montgomery County Treasurer John McManus of a conversation he had with Tyler Starline, a Montgomery County Board of Elections employee, in which Starline allegedly expressed thoughts of killing Foley. McManus reportedly confirmed to police that Starline stated he had considered such actions but “does not plan on following through with them,” having discussed the thoughts with a therapist. Starline, who has been placed on paid administrative leave by the Board of Elections, declined to speak with police. Foley is currently facing charges brought by the Ohio Auditor of State related to alleged misuse of office for political purposes, including using county equipment for campaign activities. This case has drawn scrutiny over the appropriate use of public resources.
Separate allegations involve David Esrati, who allegedly made threatening comments during phone calls with staff from the Montgomery County Prosecutor’s Office in June. A transcript of these calls, described as poorly transcribed, includes a statement from Esrati saying, “I might go murder (Foley) here at this (expletive) doesn’t get taken care of.” Esrati maintains the comments were made in jest and that the prosecutor did not warn him, stating, “It was a joke…The whole thing we were laughing through this.” Foley’s office criticized the assistant prosecutor’s response as “unprofessional behavior” and a dangerous erosion of public trust. You can find more information about the role of a County Clerk of Courts here.
Attorney Terry Posey, representing Starline, characterized the accusations as part of “a consistent pattern by Mike Foley to allege Mr. Starline has conducted himself improperly,” noting previous allegations were found “unfounded” by a judge in the criminal case. Esrati called Foley’s accusations a “comedy of the absurd” and a “desperate” attempt to undermine the legal cases against him. Foley’s legal team argues the alleged threats outweigh the initial charges, which they describe as “minor infractions.” The Ohio Auditor of State’s office has been investigating allegations of misconduct by Foley for nearly three years; their website provides details on their oversight responsibilities.
Officials from Foley’s office stated they are awaiting a response from the court regarding their request to dismiss the charges and are calling for Starline’s removal from his position at the Board of Elections.