Ex-cop maintains innocence, gets probation in oppression case

By ERIC SEIVERLING
eseiverling@yourmvi.com

A former Monongahela police officer stood by his claim of innocence inside the Washington County Court of Common Pleas Wednesday, telling the judge he would take a bullet to the head instead of admitting guilt, before receiving his sentence after pleading no contest to charges of official oppression.
Dustin Devault, 48, received the maximum probationary sentence of two years probation, a $5,000 fine and 50 hours community service from Washington County Judge Valarie Costanzo.
As part of his sentence, Devault will be required to be supervised by the Washington County Adult Probation office and have no contact with the victim. He has 30 days to appeal the sentence to Superior Court or file a post-sentence motion within 10 days, which would ask for a withdrawal of a guilty plea, modification of sentence, motion for a new trial or a motion for judgment of acquittal.
Devault was charged in September 2019 with indecent assault, official oppression and obstruction of law. Charges of indecent assault and obstruction of law were later dismissed.
“I did not commit any of these crimes,” Devault told Costanzo. “I know there’s a higher court, and when I stand in front of the Lord, he will know I was not lying. I’ve never touched any other female in my entire life. I’d rather have a bullet put in my head.”
After the sentencing, Devault’s attorney, Almon Burke of Blaine Jones Law LLC, and prosecutor, Senior Deputy Attorney General Patrick Schulte said they’re both satisfied with the outcome.
“Our number one goal was to make sure this man never be a police officer again,” Schulte said. “We’re pleased with the result.”
“I think it worked out great for him,” Burke said after the sentencing.
Jesse Cimino, 25, alleged that Devault, then a Monongahela police officer, and another officer initiated a traffic stop on her on Route 88 in Finleyville in June 2018.
Court records state that Devault did not issue a traffic citation to Cimino, and instead he asked for her phone number and told her he would help her become a police officer.
Cimino claims that in the weeks that followed, she met with Devault under the assumption he was going to help her enter the police academy, but she said Devault tried to initiate a sexual encounter in his patrol car while working under contract as a Union Township police officer.
Cimino says in court records that after she refused his advances, Devault texted her numerous times and waited outside her house in his patrol car.
Devault’s wife of eight years, Heather Devault, testified on her husband’s behalf, saying the two have known each other since she was 10 years old, but since he was older than her, he never pursued a relationship until 23 years later.
“He was the same gentleman he always was,” she said.
Burke said Cimino’s allegations were a result of Devault just doing his job as a police officer.
“I have found police officers who are doing their job, sometimes produces people who want to make accusations against them,” Burke said. “Sometimes, it results in people misinterpreting what’s happening to them. It’s a difficult job. They’re scrutinized every step of the way.”
Schulte said Devault showed no remorse towards the victim.
“I’m stunned by the lack of accountability the defendant has taken,” Schulte said. “The victim is not here today, but these victims live with what happened to them forever.”
Burke asked Costanzo to lower the fine amount, saying Devault, currently employed as a truck driver for Lowe’s home improvement, has child support payments for three children from a previous marriage. Costanzo denied the request.
“Five thousand dollars just seemed like a lot,” Burke said.
In July, Cimino filed a civil action against Devault, the Monongahela Police Dept., Union Township and former Monongahela police chief Brian Tempest, who retired from the Monongahela Police Dept. in April 2019.
Cimino’s attorney in the civil case, Jessica Tully, said Cimino has chosen to reveal her name so other women are not afraid to come forward in sexual assault cases.