The Warren County District Attorney’s Office is withdrawing charges against at least 11 criminal defendants due to the involvement of former Chief County Detective Thomas Kibbey in their cases.

The Times Observer reached out to the state Attorney General’s office for more information when news broke that Kibbey had resigned, including how many cases or defendants could be affected by the alleged misconduct. Greene’s news release on Friday brings a partial answer to that question. The Attorney General’s office only confirmed that it has received the referral.

“This office will not – and cannot – stand behind prosecutions that have been compromised by the very person entrusted to uphold the law. As a result of the investigation and criminal charges filed against Detective Kibbey, and in the interest of justice; today I have filed motions to withdraw criminal charges in 11 cases in which Mr. Kibbey played a significant investigative or arrest role,” said Rob Greene, Warren County District Attorney.

Kibbey resigned in March after a complaint of possible misconduct was brought to the county District Attorney’s office on Jan. 30. That misconduct was later revealed to be an inappropriate relationship with a Warren County Prison inmate who later became a confidential informant in drug cases. The state Attorney General’s office filed two third-degree felony charges of peace officer-sexual intercourse/contact with a person in custody/detention against Kibbey.

There may be more cases affected by the charges filed against Kibbey. Greene said the District Attorney’s office is also reviewing other cases in which Kibbey may have had a minor or peripheral role. The review will determine if the office can ethically proceed with prosecution on a case-by-case basis.

“A District Attorney’s obligation is not only to prosecute crime, but to do so fairly with unwavering respect for the Rule of Law,” Greene said. “Above all, honor and integrity must be preserved in the criminal justice system. I will not allow the misconduct of one law enforcement officer to undermine the justice system as a whole in Warren County. I owe that to victims, defendants, law enforcement and all the people in Warren County.”

Kibbey was formally charged by the state Attorney General’s office on Thursday, with a preliminary arraignment held in Magisterial District Judge Laura Bauer’s chambers. Bail was set at $50,000 unsecured. A preliminary hearing will be June 25.

According to the Affidavit of Probable Cause filed by a state Attorney General’s office investigator, an unnamed victim was identified after inappropriate contact between Kibbey and the victim was recovered from a forensic download of the victim’s cell phone.

An Assistant Special Agent in Charge for Homeland Security Investigations received an investigative referral from the Erie office of the federal Bureau of Alcohol, Tobacco and Firearms concerning the informant possibly trading guns for drugs. The Homeland Security officer analyzed the phone data for intelligence purposes and, during the review, allegedly saw photographs of Kibbey, some in police uniform and at least one that was “explicit in nature,” according to the affidavit. Based on the observation, the Homeland Security officer notified his superiors. In March, the Attorney General’s Office investigator drove to the ATF office in Erie and viewed the entire text message thread between the informant and Kibbey lasting from June 13, 2024, through Aug. 31, 2024.

“The messages start out professional and are focused on Victim #1 working with law enforcement in exchange for consideration on criminal charges he/she is facing,” the affidavit states. “The messaging between Kibbey and Victim #1 turns into flirtatious talk with both of them messaging about sex in general and sexual attractions. It appears through the text messaging that they made plans to meet on June 22, 2024, with both of them asking each other where their location is and where GPS is directing them to.”

According to the affidavit, the Attorney General’s office investigator traveled to Warren County on March 12 to meet with the victim at the Warren Police Department. During that meeting, the victim admitted to having intercourse with Kibbey twice, saying they met at public locations in June 2024 while texting until Aug. 31, 2024. The victim was arrested Sept. 1, 2024, and their phone was seized.