Former Salem police officer pleads to sexual imposition

LISBON -- Former Salem police officer Michael K. Wirkner is now an inmate at the Columbiana County Jail for 60 days after pleading guilty to two counts of sexual imposition, a third-degree misdemeanor, against two elderly women.

"These are people who looked to you for protection -- you violated that trust," county Municipal Court Judge Tim McNicol said, calling what Wirkner did "shocking behavior."

Wirkner appeared before McNicol Tuesday morning, entering the guilty plea to a bill of information and waiving his right to indictment, witnessed by his former boss, Salem Police Chief J.T. Panezott and his former co-worker Salem Police Sgt. Karl Toy.

The deal came after a suspension and then his resignation this past spring, with unnamed allegations turned over to the Bureau of Criminal Investigation and the Ohio Attorney General's Office assigned to prosecute the case.

McNicol sentenced Wirkner, 49, Washington Street, Salem, to the maximum for each count, 60 days in jail and a $500 fine, for a total of 120 days in jail and $1,000 in fines, but then suspended half of the jail term, for a total of 60 days behind bars. He also designated him a Tier I sex offender, requiring him to register as a sex offender annually for 15 years. He was placed on probation for five years, ordered to have no contact whatsoever with the two victims and ordered to permanently surrender his Ohio Peace Officer Certificate. He will never be a police officer again after a 15-year career in law enforcement.

"I'm sorry to everybody involved, especially the victims and my former police department," Wirkner said before being sentenced.

Special Prosecutor Denise Salerno, a senior assistant attorney general with the Ohio Attorney General's Office, described in great detail what happened to the two victims, ages 62 years old and 73 years old, in March this year. It all started on March 23 when Wirkner, after being the responding officer in a case involving the younger victim, showed up at her residence for what was supposedly a welfare check on March 23, when the older victim, a neighbor, was also there.

Salerno said he asked the younger victim for a hug, then reached around and spanked her on the buttocks and then touched her inner thighs, all while in uniform and fully armed. He asked her for a kiss and she said no. He asked the older victim for a hug, while she was in pajamas, so she gave him a hug and he spanked her. He had left his body camera in the patrol car.

He also fondled her breast and pulled up her shirt, telling her "now you can say you flashed a cop."

He returned to the first victim's residence a second time and she had audio of the incident when he asked her for a hug, she hugged him, then he spanked her and asked her for kiss, which she said no. The affidavit said the incidents with the younger victim occurred March 23 through March 28, while the incident with the older victim occurred March 23.

Salerno read statements from both victims, explaining to the judge that she had spent quite a bit of time speaking with both victims and they did not want to be in the courtroom.

"They didn't want to see the defendant, they didn't want to be in his presence," she said.

Both talked about their fear now of police officers, of nightmares and how they're scared all the time.

"I feel violated," she read from the younger victim's statement. She was in fear of what he might do next.

"He was in uniform when he sexually assaulted me," the older victim said.

She also said, "I don't want any contact with him. He should be ashamed of himself."

Salerno said both victims stressed they didn't want any contact with Wirkner ever again and they were happy with the agreement, wanting him to be on probation for a long term.

"This is pretty egregious and disgusting," she said about Wirkner's conduct and the way he took advantage of two vulnerable women.

"Hopefully the defendant has realized his behavior is unacceptable," she said.

He had no previous record, so the behavior was concerning.

"My client is fully ashamed and embarrassed, as he should be. He takes full responsibility for his behavior and actions," Wirkner's defense attorney Paul J. Siegferth Jr. said.

He assured that his client would have no contact whatsoever with the victims.

McNicol told Wirkner his actions tarnish not only his former department but law enforcement everywhere. He said just probation without jail time would diminish the seriousness of his actions, then issued the sentence with jail time.

"Everyone in the department is upset about it, disappointed, humiliated," Panezott said.

"We're very happy that he got a jail sentence," he said.

Panezott shared that a lot of officers wanted to go put handcuffs on him immediately, but "we understand these things take time."

On April 2, he said he and Detective Brad Davis interviewed the two victims, then he spoke with Wirkner and immediately took all his department-issued equipment and put him on paid administrative leave, which was required per the collective bargaining agreement. That same day, the chief also contacted BCI to request assistance and BCI took the case that day.

When asked what he wants the citizens to know in light of this case, he said, "I think they need to be assured, we will police our own."

If an officer violates the law, they need to be held accountable.

"I just hope our public knows this is not a reflection of our department or any officers in this county," Panezott said.

As part of the sentence, Wirkner must be evaluated and complete treatment for general mental health. He joined the Salem Police Department as a part-time patrolman in August 2016 and then became full-time in February 2021. A 1996 Salem High School grad, he previously worked part-time with the Goshen Township and Perry Township police departments after graduating from the Kent State University Police Academy in 2011.

He resigned from the Salem Police Department in May.