Oct 10, 2014 6 min read

The man who was, until recently, the chief of Washington County’s juvenile probation office was arrested Friday on charges of theft by deception and tampering with public records stemming from an allegation he pocketed funds that were supposed to be used for mixed-martial arts training – a form of self-defense the department has since dropped, according to the person now supervising the department.

Daniel J. Clements, 46, whose last known address was 410 Lexington Drive, Aliquippa, was arraigned before District Judge Ethan Ward, who set bond at $25,000 cash on the third-degree felony counts. Clements was taken to Washington County jail.

The Washington County district attorney’s office filed the charges after receiving a referral from the Pennsylvania Judicial Conduct Board. District Attorney Gene Vittone, who has held office for nearly three years, said this is the first time his office has gotten a case from that agency.

The referral focused on “possible payment of county funds for a training session that never occurred” June 6 and 7, 2013.

The affidavit of probable cause submitted by James McElhaney, chief county detective, notes he and county Detective Richard Gluth interviewed each member of both the juvenile and adult probation offices, but they could find no one who took part in any mixed-martial arts training during that time period.

“It was purported that this training had been administered by Justin Watters of H2O Mixed-Martial Arts,” the arrest affidavit said. Watters reportedly conducted this type of training in the past. Watters told investigators Clements told him funds for training “had to be used or lost” and asked him to provide an invoice stating the training took place. Watters expected the training to take place at a later date, but it did not, investigators said.

Washington County processed payment, and Watters told investigators he cashed the check and provided between $1,800 and $2,000 to Clements “because when this arrangement was made, Clements told Watters that he needed money and would need to get at least half of the $3,500. Watters related this was not unusual as he had given money back to Clements for past mixed-martial arts training sessions he had actually provided,” the affidavit stated

The juvenile probation office is responsible for supervising sentencing and probation for juvenile offenders and preparing reports for the court on juveniles’ home life and school performance.

Clements’ attorney, Steve Colafella, said he could not comment on the specific charges in the case, but he called the high cash bond “disappointing” because he was trying to keep the former juvenile probation officer out of the county jail. Clements was placed in shackles following the hearing and led away while relatives worked to find a bondsman to put up the money.

District Judge Ethan Ward, who arraigned Clements, set bond at $25,000 cash because of the accusations that public funds were stolen.

“Any time there … is public trust at interest, I set a cash bail,” Ward said.

Clements was taken to the county jail until a bondsman posted the sum. He was then released.

Clements’ preliminary hearing is scheduled later this month before District Judge Robert Redlinger.

Washington County Commission Chairman Larry Maggi, former state trooper and sheriff, said of the juvenile probation department, “The president judge totally controls it. Like everyone else, I’m curious about what’s going on, because we have a fiduciary responsibility to the taxpayers. There’s a firewall there. They’re totally controlled by the president judge.”

County Controller Michael Namie said, “Any invoice that was processed would have been approved by the courts,” and outlined a procedure he said was followed before issuing the June 2013 payment. “If somebody wants to commit fraud, eventually they will be caught,” Namie said. “There was not a breakdown in the county’s purchasing procedures. All the checks and balances occurred in this case as they do in every case. If there was breakdown, I believe it occurred within the probation services department.”

Clements, who worked for the county since April 1994, applied for a pension Wednesday. State law governs the status of pensions in light of a criminal conviction, so Namie, as secretary of the county retirement board, will ask the solicitor to research the matter.

Asked if the money had been repaid, Namie said, “No money has been deposited in my care or in the care of the treasurer.”

The probation office website Friday listed the chief’s position as “vacant.”

President Judge Debbie O’Dell Seneca was not available to take questions about the Clements case Friday afternoon, and her office referred a reporter to the court administrator’s office.

Clements’ retirement and another employee’s move to another department several months ago leaves both the chief and deputy positions in the juvenile probation office vacant.

Deputy Court Administrator Patrick Grimm, who has been on the job since August, said he has been supervising the juvenile probation department since Sept. 26. Thomas Jess, who is deputy court administrator for family court and probation services, continues to have administrative oversight for adult probation, domestic relations, community service, the Furlough Into Service program and the booking center. Jess did not return a phone call from the Observer-Reporter Friday afternoon.

Grimm said state taxpayer dollars funded juvenile probation officers’ self-defense training through the Juvenile Court Judges Commission, a state agency based in Harrisburg.

The $3,500 was the “last allocation for this type of training, and there are no plans to have that type of training in the future as a matter of policy,” Grimm said. “I think training dollars could be used in a more effective fashion.”

As to the specific charges, Grimm said, “The court takes the allegations against Mr. Clements very seriously. Because it’s a pending case in the court system, I can’t comment on it.”

Asked whether Watters would be charged, Vittone said Watters “provided information regarding this. Right now, he’s not charged. Right now, Mr. Clements is the only individual charged.”

The Observer-Reporter was unsuccessful in its attempt to speak to Watters about this matter.

The Washington County Juvenile Probation Office also is the subject of a whistleblower suit filed by former probation officer David Scrip in August. Named as defendants were O’Dell Seneca, Jess, Clements and Washington County. Scrip claims his employment was wrongfully terminated. At O’Dell Seneca’s request, the suit, filed in Washington County Court, was moved to U.S. District Court in Pittsburgh.

Staff writers Mike Jones and Francesca Sacco contributed to this report.