Thursday, January 28, 1999
Detective's trial may turn on the word 'in'
BY SUSAN VELA
The Cincinnati Enquirer
NEWPORT — A felony case against Fort Thomas Detective Foy Razor was bound over to Campbell County Circuit Court on Wednesday.
Whether the tampering with evidence charge sticks could depend on the definition of the word “in.”
The question: Was the law enforcer with 13 years of experience with the Fort Thom as Police Department trying to impair an investigation by Newport Police when he told them there were no guns in his car — and, minutes later, investigators found at least two in his trunk?
The discovery happened in the early morning hours of Jan. 10, after Newport police responded to a shooting at Captain's Cove Lounge, Fifth and Monmouth streets.
They discovered that the shooter — who prosecutors say was Mr. Razor's son, Bryan Todd Razor, who faces a felony charge of wanton endangerment — was in an eastbound car driven by his father. Police began pursuing Detective Razor's unmarked Fort Thomas vehicle. Detective Razor ignored several traffic lights before he pulled over, prosecutors say.
At Wednesday's preliminary hearing in Campbell County District Court, Newport Sgt. Coy Cox testified that Detective Razor's first words to him were: “Coy, I'm not going to hurt anyone. There's no gun in the car.”
Detective Razor later said it was OK for Sgt. Cox to look in his trunk, which is when the sergeant discovered a gun that matched the description of the one fired at Captain's Cove.
Special prosecuting attorney Ray Larson of Fayette County said the detective was experienced enough to know that his original statement would be taken as an impairment to an investigation — the same as leaving the scene and leading police on a pursuit.
But defense attorney Mott Plummer emphasized that his client might not have been including the trunk when he said that there were no guns in his car.
“He didn't define "in' like Bill Clinton would,” Mr. Plummer said. That was an apparent reference to the president's sparring over the meaning of the word “is” during his videotaped deposition before special prosecutor Kenneth Starr's grand jury.
Special Judge Charles T. Moore of Boone County later said the case would be bound over to a grand jury.
At the preliminary hearing, Sgt. Cox was the only person to take the witness stand. In his hourlong testimony, he told how the Razors had gone to the bar with a woman and Southgate Police Officer Greg Roller.
From Officer Roller, Sgt. Cox learned that Bryan Razor flashed a .38-caliber semiautomatic pistol at their table when his father told him he needed to get a permit to carry a concealed weapon.
Sgt. Cox, who talked to as many as 30 witnesses in his investigation, said a fight later broke out inside the lounge. It involved Bryan Razor. The bartender tried to kick Bryan Razor out of the bar and looked to his father for help.
Sgt. Cox said that's when the detective said, “I'm a cop and I don't have to go.”
The fight spread to the sidewalk when Bryan Razor allegedly shot his gun into the air. Witnesses have told Sgt. Cox that Detective Razor then grabbed his son's arm, took the gun, put it in his trunk and herded his companions into his car before driving away.
Detective Razor has been stripped of his badge and gun.
A conviction on the felony tampering with evidence charge could lead to a sentence of one to five years in prison. For the same incident, Mr. Razor also faces misdemeanor charges of eluding police and harassment.
The latter is for allegedly kicking a man trying to break up the fight Bryan Razor was in.
Bryan Razor's case also has been bound over to a circuit court grand jury.
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