Federal judge sentences Miami County doctor to probation in explosives case

Steven Werling apologizes ‘for any fear, disruption or inconvenience.’

Credit: Jen Balduf

DAYTON — A Miami County physician who failed to register homemade “destructive devices” avoided prison in federal court Monday, but his attorney says the doctor’s sentence was not lenient.

Steven J. Werling, 54, of Concord Twp. outside Troy, was sentenced to five years of probation by U.S. District Judge Michael Newman.

Werling pleaded guilty in November to a bill of information that he possessed an unregistered firearm, specifically two small plastic cylinders containing a mixture of ammonium nitrate and aluminum.

During his probationary term, Newman warned Werling that there will be zero tolerance, that he must not commit any federal, state or local crimes and is prohibited from possessing a firearm, ammunition, destructive device or dangerous weapon of any kind.

“The court has the right to revoke your probation and send you to prison as if I could have today, that would be a potentially lengthy prison sentence, so I caution you very strongly, strongly as I can on the record so there’s no confusion. I’ll read it again just so we’re very clear: No firearms, no ammunition, no destructive device, anything that can be considered a destructive device or leading to a destructive device or dangerous weapon of any kind, just so we’re 100% clear,” Newman said.

Steven J. Werling | Photo courtesy of Butler County Jail

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Attorney Jon Paul Rion, who represented Werling, said the devices are smaller than two shotgun shells and contain less explosive material.

The purpose of the devices was protective, Rion said, if society were ever to collapse with a breakdown of law and order.

During Werling’s allocution — the direct address between the judge and convicted defendant before sentencing — the doctor said that over the past year he has spoken with others and done a lot of reflection and soul searching but that the beliefs that ultimately brought him to court are no longer there.

“Your honor, I am humbled. I have respect for the law and its institutions. I understand and apologize for any fear, disruption or inconvenience I caused others, patients, society,” he said. “My goal in life has been to help, not to harm.”

Brent Tabacchi, an assistant U.S. attorney of the Southern District of Ohio, pushed for a 24-month prison term. He said the devices are inherently dangerous.

The FBI last April seized explosive devices as well as homemade pipes, explosive chemical components, gunpowder and other materials used to make explosive devices from Werling’s home in the 1400 block of Barnhart Road, according to court documents.

A view of the front of the Walter H. Rice Federal Building and U.S. Courthouse at 200 W. Second St. in downtown Dayton. JEN BALDUF/STAFF

Credit: Jen Balduf

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Credit: Jen Balduf

Werling’s license is active but the Ohio Medical Board notes an opportunity for a hearing following his federal conviction. It is possible he will lose his license.

“You have an individual with no prior medical (board) history, no prior disciplinary action, no concerns over a 20-year period. This is a good doctor, someone who’s really given themselves to the community, never been sued, never lost anybody,” Rion said. “That’s a lot to be said over that period of time so I think the medical board will be asking themselves the same questions the judge is.”

Werling had previously been listed in Premier Health’s provider directory as a proctologist at Advanced Colon Treatment, with locations in Tipp City and Piqua. He is a doctor of osteopathic medicine.

He was prominently involved in anti-vaccine activism during the COVID pandemic. In 2022, he was one of four people on a committee linked to a proposed Ohio constitutional amendment called “Medical Right to Refuse,” according to documents on the Ohio Attorney General’s Office website.

Several local law-enforcement agencies and the FBI go through a home on Barnhart Road in Troy Friday morning, April 5, 2024. MARSHALL GORBY \STAFF

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Werling also was ordered to participate in a mental health assessment and any counseling recommended and to perform 40 hours of community service within the first year of his five-year probation.

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