Officer accused of 'sexting' teen is arrested 2nd time

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Investigators say he falsified documents on an unrelated DUI crash

By Jacquelyn Stoess Hack

A former police officer arrested for ‘sexting’ a highschooler he met during a traffic stop has been arrested a second time for falsifying a police report after an off-duty U.S. Marshal crashed while driving drunk in Goshen.

OCPD Officer Harry S. “Shane” Mosley resigned Sept. 28 as police pursued charges against him related to cell phone communication he had with a teenager. 

Mosley, 36, of Pendleton, met a teen girl in Goshen during a routine traffic stop on Sept. 26. Mosley cited a man in the vehicle for possession of marijuana and drug paraphernalia, but did not cite the girl.

The next morning, the girl received text messages from Mosley, who suggested she needed to gain his trust or he’d tell her family about drugs found in the car.

Within a few hours, the teenager notified police, and officers monitored her cell phone as Mosley’s messages became graphic and sexual. Mosley allegedly offered the girl alcohol, asked her to text pornographic photos of herself and arranged to have sex with her during school hours. 

Less than 48 hours after the traffic stop, police arrested Mosely for inappropriate communication with the girl, and he resigned from OCPD.

But when Mosley arrived at the Oldham County courthouse for arraignment Oct. 10, he was ushered next door to the county jail. Deputies arrested Mosley again — this time for tampering with public records and his second charge of official misconduct.

The new charges stem from a DUI crash Sept. 15 on U.S. 42 in Goshen, when an off-duty U.S. Marshal flipped his SUV near South Buckeye Lane.

According to court documents, firefighters and other police officers at the crash describe the driver of the SUV — Billy J. Stotts Jr. — as unsteady on his feet, exhibiting slurred speech and “obviously impaired.”

Stotts told officers at the scene he consumed alcohol earlier in the day while playing golf. According to court documents, several personnel noted a strong odor of alcohol on Stotts and within his vehicle.

A portable breath test administered by a sheriff’s deputy at the scene showed Stotts’ blood-alcohol concentration as .211 — nearly three times the .08 BAC recognized as intoxicated by state law.

According to a press release issued by OCPD, Mosley allegedly made false, inaccurate statements and omitted or misrepresented facts in the arrest citation and the collision report.

According to court documents, Stotts repeatedly complained his law enforcement career would be ruined by a DUI conviction.

Other OCPD officers and sheriff’s deputies conducted field sobriety tests that Stotts repeatedly failed, and at one point, Stotts asked if he could stop simply to prevent his further embarrassment.

Prosecutors allege Mosley falsified reports related to the crash and Stotts’ arrest by listing the cause of the crash as cell phone use. In a portion of the collision report that asks, “Suspected drinking driver?” Mosley typed, “No.”

Mosley arrested Stotts for DUI, but listed on his arrest report that no BAC results were available. The report also fails to mention tests conducted by others at the scene alleging Stotts had been heavily intoxicated when he crashed. 

An OCPD recruit being trained by Mosley and a deputy sheriff have since provided detailed, written accounts of the crash and Stotts' arrest to their respective supervisors.

Mosley allegedly told other officers at the scene that they could leave and the recruit would finish the report, however, he later filed it without input from the recruit or others present at the scene. 

With his recruit behind the wheel, Mosley left the scene with Stotts in custody in the backseat. A few minutes later, Mosley instructed the recruit to stop en route to the county jail.

He parked behind a fire station on U.S. 42, and Mosley exited the vehicle with Stotts.

During a conversation between Mosley and Stotts that spanned 75 minutes in the parking lot, dispatchers and deputies at the jail continued to question the officers’ whereabouts.

According to court documents, as Mosley delayed the U.S. Marshal’s arrival at the jail, dispatchers radioed Mosley’s police cruiser six times, and Mosley’s supervisor eventually contacted him by phone to verify his whereabouts.

Mosley told the supervisor that he had stopped to allow the recruit to perform additional sobriety tests, however, court documents show the recruit's written account of the incident states he was standing at the front of the cruiser while Mosley and Stotts spoke at the rear of the vehicle.

More than two hours after Stotts flipped his SUV on U.S. 42, Mosley delivered him to the jail.

Two weeks later, Stotts reached a plea agreement with prosecutors. His DUI charge was amended, and Stotts, 43, pleaded guilty to careless driving on Oct. 3. He has paid $718 in fines and court costs, and is required to complete alcohol- and drug-abuse education classes by January.

Stotts splits his time between residences in Prospect and in Athens, Ga. Calls to both residences seeking comment were not immediately returned. 

The U.S. Marshals Service has launched an internal investigation into his arrest. 

Mosley was hired by OCPD in November 2008. He is scheduled to appear in Oldham district court on Nov. 7 for a preliminary hearing on all charges.