Mistaken identity leads to arrest of Iraq war veteran in Stillwater

[Perrone]

Sad story. I hope this guy gets everything worked out.

The disabled Iraq war veteran was not in Kansas in May 2009 when a Shawn Dunbar allegedly beat a man so bad the victim needed a titanium eye socket and plastic surgery.

In fact, when the assault victim, Jason Gromlovits, saw the 25-year-old Army veteran sitting outside a Kansas courtroom, he knew right away deputies had arrested the wrong Shawn Dunbar.

"They showed him to us, and I was like that's not even close to the guy," Gromlovits said. "I'm not sure for what reason they went all the way to Oklahoma to get that guy."

Although he's been exonerated by the courts, the wrong Shawn Dunbar said he's still paying a hefty price for a crime he did not commit.

He's paying with the memories of being arrested at his Stillwater home and hauled to jail, the strain the mistaken identity has put on his relationships with family and friends, and the stress created after the federal government cut off his veteran disability benefit to pay for a debt created when the Department of Veterans Affairs found out about the arrest warrant. And he's paying because he said without the disability compensation, he likely won't be able to pay rent or afford treatment he needs for combat injuries.

"You're guilty until you're proven innocent," the wrong Shawn Dunbar said. "I have a lot of mistrust in the government now. You lose trust in the people you fight to protect. It sucks to say that."

A proud soldier

Dunbar loved his job serving his country and was not happy when traumatic brain injury and post-traumatic stress disorder forced him out in February 2009.

Dunbar said he joined the Army in March 2006 and was in Iraq by October of that year. He did route clearance, which meant looking for and disarming improvised explosive devices.

"I'm proud of what I did in the military and I wouldn't do anything to take that back," he said. "I wanted to stay in the Army."

But, Dunbar said, vehicles he rode in took six direct hits from the explosive devices. He was ordered to get medical help when his commander noticed "I'd start talking and I couldn't finish my thoughts."

Dunbar said he ended up receiving treatment at the hospital at Fort Riley in Kansas for about a year. Dunbar was medically retired from the Army on Feb. 27, 2009.

"That was the last day I set foot in Kansas," he said, "until I got arrested."

Wanted poster mistake

On May 9, 2009, in Junction City, Kan., a playful wrestling match grew into something more serious, according to an affidavit filed by Detective Sgt. Sam Niemczyk, of the Geary County, Kan., Sheriff's Department.

Witnesses said Gromlovits fell down an incline and smacked his head on a rock, according to the affidavit. A person witnesses identified as a Shawn Dunbar then repeatedly hit an unconscious Gromlovits in the face.

Niemczyk told The Oklahoman Gromlovits identified the Shawn Dunbar living in Stillwater from a photo lineup.

Gromlovits said he never picked the Stillwater Shawn Dunbar out of a lineup, never saw his photo and never offered a description matching his.

"You think they would have at least shown me a photo of the guy," Gromlovits said. "The Shawn Dunbar I had an altercation with was only about 5-foot, 4-inches tall. The Shawn Dunbar guy down there is a pretty big guy."

Wanted posters with veteran Dunbar's photo and description were printed, listing his height at 6 feet and his weight at 200 pounds. A warrant with the same information was issued for Dunbar's arrest.

Stillwater police arrested Dunbar on April 27 at his home, according to an incident report.

"I was marched through my neighbors' yards," he said. "I'd just moved in. They probably didn't know what to think."

Stillwater Police Chief Norman McNickle said it's an unfortunate incident, but the warrant appeared in order and was confirmed with Geary County, so his department had to act on it.

"A warrant is actually a command from a judge," McNickle said. "It truly is unfortunate for him that problems continue to haunt him."

On April 29, papers were signed for Dunbar's extradition to Geary County, where his family posted bail and he was released from jail.

Confusion in Kansas

Dunbar hired a Kansas attorney. He provided deputies with his bank card statement showing purchases in Stillwater on May 9, 2009, and statements from others saying Dunbar was in Stillwater that night.

In an affidavit, Niemczyk wrote there was no evidence it was Dunbar making bank-card purchases and the statements were from those with a close relationship to the suspect and may not be reliable.

It wasn't until Gromlovits saw Dunbar outside the courtroom on Aug. 12 that a judge dismissed the charges.

Niemczyk said the assault investigation is now focusing on a Shawn Dunbar who last lived in Manhattan, Kan., about a 15 minute drive from Junction City.

Contrary to Gromlovits, the detective said of the wrong Dunbar and the new suspect, "the two are very similar in appearance."

No new arrests have been made.

Dunbar said he was making strides living outside the Army. Still not able to get a job, he was spending more time with friends. He was thinking of going to college.

Dunbar said his arrest made it tougher to function outside his home.

"I'm confined to my house because I'm afraid to leave," he said. "The whole situation is just a giant step backward."

Dunbar said his solitude, anger and stress have put a strain on relationships with family and friends.

"He's definitely changed a lot," said his girlfriend, Shawna Cross. "He's going in his own shell now."

Out of money, hope

The stress is compounded because Dunbar is not receiving his $1,427 monthly VA disability compensation.

The VA informed Dunbar in April there was a warrant for his arrest and federal law prohibits the payment of benefits to fugitive felons, according to an e-mail statement issued by a VA spokeswoman. Dunbar owed about $13,000 for benefits he had been receiving since June 2009 after the warrant was issued.

When the VA determined Dunbar was no longer eligible for his disability compensation, the Defense Finance and Accounting Service paid him $6,296, according to the VA statement issued after Dunbar signed a waiver allowing the agency to comment on his case. The check was for military retired pay Dunbar was barred by law from receiving at the same time as the VA compensation.

The $13,000 debt was cleared in September, when Geary County informed the VA that Dunbar was not the wanted man.

The VA reinstated his benefits, but said Dunbar owed the $6,296 back because it was a duplication of benefits and the law requires it be recouped, according to the VA.

Dunbar was sent a letter in July explaining the overpayment, giving options for repaying it and telling how to request a waiver, according to the VA.

"VA can certainly understand the hardship this has placed on Mr. Dunbar," the VA stated. "That is why the VA allows veterans to request a waiver of the debt and/or establish a repayment schedule that can work best for Mr. Dunbar."

Dunbar said he had called after first receiving the money and was not told he might have to pay it back, adding he had to use some of it to fight the mistaken identity case.

"If I would have known what it was, I never would have spent it," he said. "It seems one person didn't do their job and it just snowballed from there."

The VA applied his Oct. 1 and Nov. 1 benefit checks to the outstanding debt, reducing it to $3,442.

"On Dec. 1, I have no money," Dunbar said.

"I was a good soldier," he said. "The worst thing about it is that one warrant caused this whole situation. It's just overwhelming."


Read more: http://www.newsok.com/mistaken-iden...n-in-stillwater/article/3507582#ixzz13Oe7Bs7d

 

[SoonerBorn]

What a joke. Incompetence abound at this man's expense. Infuriating.

 

[VitruvianDoc]

What a joke. Incompetence abound at this man's expense. Infuriating.

 

[Super Dave]

Guilty until proven innocent really is how it is. Sucks that the VA shuts off a guy like that. Seems like a $hitty deal.

 

[victor152]

Our Oklahoma politicians should be climbing all over Obama's, Reid's and Pelosi's desks about this!

 

[RETOKSQUID]

Our Oklahoma politicians should be climbing all over Obama's, Reid's and Pelosi's desks about this!

Actually, they should be up Detective Sgt. Sam Niemczyk, and the Geary County, Kan., Sheriff's Department's collective asses.

 

[okgirl]

Guilty until proven innocent really is how it is. Sucks that the VA shuts off a guy like that. Seems like a $hitty deal.

VA has a reputation for that kind of stuff.

Actually, they should b up Detective Sgt. Sam Niemczyk, and the Geary County, Kan., Sheriff's Department's collective asses.