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Brunswick man gets prison for July standoff with police

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Gary Grimes Jr.

Gary Grimes Jr.

A Brunswick man was sentenced to five years in prison after pleading guilty Tuesday to inducing panic and abduction in connection with a four-hour standoff with police in July.

The charges against Gary Grimes Jr., 40, carried firearm specifications alleging he carried a gun while committing crimes, which mandate prison time.

According to police reports, Grimes arrived at his ex-girlfriend’s home on Foskett Road in Medina Township about 4 a.m. July 28. The woman and her 12-year-old daughter escaped the home about 8:40 a.m. and called police. Grimes then threatened to kill himself when Medina Township police officers and the Medina County SWAT team arrived. He surrendered about 1 p.m. and was transported to Medina Hospital for a mental evaluation.

He was indicted in August and in October underwent another evaluation. In December, he was found fit to stand trial, according to court documents.


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James Kimbler is Medina County’s first ‘private judge’

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James L. Kimbler

James L. Kimbler

James L. Kimbler may have retired as Medina County Common Pleas judge in January, but he isn’t leaving the job.

Earlier this month, Kimbler became Medina County’s first “private judge,” a retired judge who can be hired to expedite civil lawsuits or motions filed in county courts.

“It’s been in Ohio Revised Code since the 1980s,” Kimbler said, “but I didn’t know about it until last year when I was looking into retirement options. Most attorneys don’t even know about private judges.”

Under Ohio law, entire cases or specific motions filed in county courts can be transferred to private judges by the agreement of all parties involved in a lawsuit.

If the parties request a transfer to a private judge, Kimbler said the sitting judge has no choice but to transfer the case or motion.

Kimbler said court filings in cases with private judges remain public record, and a private judge’s rulings can be appealed just like those by elected judges. He said the main difference is that parties who have hired a private judge don’t have to go to the county courthouse for hearings.

“The only difference between private judge and an active judge is you can’t do jury trials, you probably won’t be working in the courthouse and you can’t handle criminal matters,” Kimbler said. “But basically, there’s no difference conceptually between the two.”

He said parties may be interested in retaining a private judge if they want to speed up the proceedings.

“This means that your case is not one of hundreds pending on that judge’s docket,” Kimbler said. “Your case will have priority and will not be continued because a criminal case had precedence.”

Private judgeships have faced criticism.

A 2006 article in The National Law Journal raised concern that private judgeships “may be creating a separate judicial system for the rich.”

There are currently 23 private judges registered with the Ohio Supreme Court, and the Journal reported that most handle divorce proceedings.

Prior to his retirement in January, Kimbler had been a Medina County common pleas judge for 18 years and a Wadsworth Municipal Court judge for more than a decade. His wife, attorney Joyce V. Kimbler, filled his seat after winning the November election against former Brunswick mayor Gary Werner.

In order to register as a private judge, Kimbler said he had to file with the Ohio Supreme Court and all the counties he intended to operate as a private judge — Medina, Ashland, Cuyahoga, Lorain, Summit and Wayne counties.

In addition, he said had to register a business with the Ohio secretary of state. The business was registered as North Coast ADR Services, with “ADR” standing for “alternative dispute resolution.”

Kimbler also registered as a visiting judge for the region, allowing him to handle both criminal and civil cases when judges recuse themselves.

Kimbler said people interested in retaining a private judge should talk it over with their attorneys and have them reach out to him.

For more information on Kimbler’s private judging services, visit www.NorthCoastADRServices.com.

Contact reporter Nick Glunt at (330) 721-4048 or nglunt@medina-gazette.com. Follow him on Twitter @ngfalcon.

Breakdown of private judges, listed by Ohio county from which they retired

Ashtabula: 1
Cuyahoga: 4
Delaware: 1
Franklin: 1
Fulton: 1
Gallia: 1
Hamilton: 3
Jackson: 1
Jefferson: 1
Lawrence: 1
Lorain: 1
Lucas: 2
Medina: 1
Montgomery: 1
Stark: 1
Trumbull: 1
Wayne: 1


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Trial date set for police sergeant in K-9 death

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Brett Harrison

Brett Harrison

The trial for a Montville Township police sergeant accused of neglecting his K-9 police dog, which died of heat stroke after it was left in a cruiser for several hours on a hot day, is scheduled for March 25 in Medina Municipal Court.

Sgt. Brett Harrison faces two counts of animal cruelty, second-degree misdemeanors that carry up to three months in jail and $750 in fines each. The charges accuse Harrison of failing to provide the animal with shelter from heat and needlessly killing the dog.

Harrison has requested a bench trial, meaning Municipal Judge Dale H. Chase will decide the verdict.

The police dog, Beny, died Sept. 28 after Harrison, following department policy, left the dog in a police cruiser when it was 70 to 80 degrees outside. But police said Harrison failed to follow procedure because the air conditioning was off in the car, which led to the dog’s death.

Harrison, who cared for the dog at home while off duty, said Beny’s death was an accident and accepted responsibility in a letter to the township trustees. He was disciplined with the loss of two weeks’ pay and a week’s worth of vacation time.


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Heroin dealer gets six years in federal prison for Medina sale

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Curtis Debose

Curtis Debose

A Cleveland man has been sentenced to six years in federal prison after pleading guilty to possession with intent to distribute heroin in Medina.

Curtis Debose, 34, was arrested in August after police said he sold about 0.3 grams of heroin to an informant on Bronson Street during a “controlled buy” by the Medina County Drug Task Force, the federal Drug Enforcement Agency and Medina police.

Medina police Chief Patrick Berarducci said the decision to prosecute the case in federal court rather than county court sends a message to would-be drug dealers that the city is off limits.

“It’s a very good move,” Berarducci said. “Those that are less of a problem go to county court, but those that are more of a problem go to federal court.”

Berarducci said he and Medina County Drug Task Force Director Gary Hubbard worked out the plan to send serious drug offenders to federal court as part of an attempt to combat the growing heroin epidemic.

He described Debose as a “career criminal,” saying federal prison was more appropriate to punish him.

“If you look at his record, it’s obscene how many times this guy has been in and out, and he just goes right back to it when he’s released,” he said. “The part we’re even more interested is in the federal system. What you’re sentenced to is what you actually serve. In the state courts, you get six years, but you do much less.”

Debose’s arrest in August also resulted in the arrest of David Reed, 53, for permitting drug abuse. Reed pleaded guilty in Medina County Common Pleas Court and was sentenced to two years of probation.

Reed’s guilty plea was part of a deal with prosecutors to resolve a civil lawsuit filed against him by Medina city to have his home, 416 Bronson St., labeled a “habitual resort for criminal activity.” The home was padlocked and Reed was evicted in October.

Contact reporter Nick Glunt at (330) 721-4048 or nglunt@medina-gazette.com. Follow him on Twitter @ngfalcon.


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Armed robbery suspect gets new attorney

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Derrick Kenney

Derrick Kenney

A Cleveland Heights man requested a new attorney this week instead of pleading guilty — as he was scheduled to do — to a May armed robbery in Medina.

Derrick Kenney, 26, is charged with aggravated robbery, aggravated burglary and firearm specifications that would make prison time mandatory.

Kenney was represented Tuesday by appointed attorney Matthew Ameer but said the relationship wasn’t working out. Medina County Common Pleas Judge Christopher J. Collier then appointed attorney Ronald Spears to represent Kenney.

Kenney is accused of kicking in the door of a home in the 500 block of Birch Hill Drive on May 11 and pointing a shotgun in the resident’s face while he stole a duffel bag.

Medina police Sgt. Brett McNabb said police are unsure what was in the duffel bag and said Kenney attacked the resident, a 20-year-old man, but never fired the weapon.

“He suffered some injuries to his face and eye,” McNabb said of the resident, whom he said was transported to Medina Hospital for treatment.

McNabb could not provide a motive for the robbery.

“Anything would be pure conjecture,” he said.

The May case isn’t the first time Kenney has faced a robbery charge.

In 2011, Kenney was charged with robbery for pointing a gun in a woman’s face while searching for her boyfriend on Birch Hill Drive. Kenney pleaded guilty to the charges and was sentenced to two years in prison.

Contact reporter Nick Glunt at (330) 721-4048 or nglunt@medina-gazette.com. Follow him on Twitter @ngfalcon.


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Hot and cold: Firefighters extinguish flames in frigid temperatures

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Twenty-nine firefighters braved the extreme cold Thursday night and into Friday morning to put out a house fire in Brunswick Hills.

The call came in at 8:55 p.m. from a passer-by that a residential house at 154 Substation Road was on fire, according to Brunswick Hills Fire Chief Anthony Strazzo.

The owner of the home, Brian Janusek, is a firefighter for the Twinsburg Fire Department. He and his family of four were not home at the time of the fire, Strazzo said.

Strazzo said the Brunswick, Hinckley, Valley City, Medina Township and Strongsville departments provided mutual aid. Crews were on the scene past 1 a.m.

“The fact that we had a lot of ice and snow on the ground just slowed every thing down,” Strazzo said.

He said because of the subzero temperatures, the firefighters took turns warming up in the rescue squads.

“We had to rotate people into a warm environment to keep everyone warm and safe,” Strazzo said.

He said one Brunswick firefighter suffered a sprained ankle, but that was the only injury.

Strazzo said the Medina County Fire Investigation Task Force is still determining a cause of the fire.

He said the home was insured, but the damage was extensive.

“I’d say it’s in the $150,000 worth of damage range,” he said.

Strazzo said the family has made arrangements to stay with family members in the area.

A family member started an online fundraiser for the family at www.gofundme.com/mud1m4.

On the page, the family member call the fire “devastating” and wrote, “They lost nearly everything they own.”

The page has raised $70 so far.

Contact reporter Katie Anderson at (330)721-4012 or kanderson@medina-gazette.com.


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York Township man killed in Penfield Township crash

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OSP officers and firefighters responded to a fatal accident on Rt. 18, just before the intersection of Foster St., in Penfield Township on Friday afternoon, Feb. 20. (KRISTIN BAUER / GAZETTE)

Officers and firefighters respond to a fatal crashon state Route 18 in Penfield Township on Friday afternoon. (KRISTIN BAUER / GAZETTE)

A Medina County man died after a head-on crash in Lorain County on Friday afternoon that killed another man and severely injured a woman.

William Bihn, 49, of York Township, and Richard Forgues, 64, of Barberton, died at the scene, according to the Lorain County coroner’s office.

Rhonda Forgues, 59, of Barberton had to be pried free from the 2002 Pontiac Grand Prix in which she was a passenger. She was flown to MetroHealth Medical Center in Cleveland, where she was listed in
critical condition Friday night.

The crash happened about 2:20 p.m. on state Route 18, west of Foster Road, in Penfield Township, according to the Elyria post of the Ohio Highway Patrol.

Richard Forgues was driving the Pontiac eastbound on state Route 18, which went left of center and collided with the westbound Bihn, who was the sole person in a 2005 Chrysler Town and Country minivan, reports said.

Troopers said Bihn attempted to swerve to avoid the oncoming vehicle. The impact spun his minivan, which came to rest off the north side of the road. The Pontiac landed on the roadway.

All occupants were wearing seatbelts at the time of the crash.

State Route 18 was closed for abouty four hours.

Mutual aid was provided by Southern Lorain County EMS; Wellington Township Fire and Rescue; and Ohio Department of Transportation.

Contact reporter Melissa Linebrink at (440) 329-7243 or mlinebrink@chroniclet.com.


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Ohio Fire Marshal still investigating Stone Road estate fire from January

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A $2.5 million home, at 7291 Stone Road, York Township, was destroyed by fire Monday morning. The call came in at around 8:15 a.m. Erhart Fire Chief Guy Roach said that the owner, Kevin Sunde, and a cleaning service employee were in the house when the fire broke out. Sunde, the only one with minor injuries, was taken to Medina Hospital.    Roach said the Medina County Fire Investigation Task Force is still working at the scene to determine a cause.  Roach said Sunde told him Sunde was lighting a fire in the fireplace, turned around, and heard a small explosion.  Roach said the wind and cold temperatures made the battle more difficult. The pavement around the home was iced up from the water they used and the firefighters' gear was coated in ice.  Roach said that, except for some valuable pulled from the inside, the house was completely destroyed. He said it was insured. KATIE ANDERSON / GAZETTE

Firefighters clear the scene of a January fire on Stone Road. (GAZETTE FILE PHOTO) 

An investigation into the cause of a fire at a $1.8 million estate on Stone Road last month is still underway at the state Fire Marshal’s office in Columbus.

The fire, which broke out about 8:15 a.m. Jan. 5 caused about $800,000 in damage, mostly to the main house on the property at 7291 Stone Road.

York Township Fire Chief Ken Barrett said his department turned over all their investigative work to the state fire marshal’s office.

“The investigation is over from our perspective, it’s in the state’s hands to make a determination,” Barrett said. Barrett also said there is an investigation underway by the insurance company that issued a policy to homeowner Kevin Sunde.

Lindsay Burnworth, a spokeswoman for the Ohio Fire Marshal’s office, said there is no typical amount of time for an investigation. Sometimes interviews or forensic tests can take time to be completed and returned to the office.

“There are some fires where they can make a determination immediately, but some take longer,” she said. “There’s no average amount of time because every investigation is different.”

The 11,552-square-foot home was called a total loss by firefighters. The 4.5-acre property also includes two guest houses, a spring-fed pond, air-conditioned garage, tennis courts and indoor regulation-size basketball court.

The property was the subject of foreclosure proceedings that began in 2012, when FirstMerit Bank filed a suit against Sunde and his wife, Sandra.
The January fire was the third major fire at the property in the last 20 years.

In 1996, a building that belonged to Sunde’s business, Medina Ground Maintenance Landscaping Contractors caught fire. An apartment and offices were damaged and the loss was estimated at $175,000.

In 1998, the landscaping office and an attached garage caught fire and damages were estimated at $175,000.

Both earlier fires were ruled accidents.

Contact Loren Genson at (330) 721-4063 or lgenson@medina-gazette.com.


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Fatal accident victim William Bihn was a ‘dedicated husband’

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As Karen Bihn was driving to her Norwalk Road home Friday afternoon, she saw the Ohio Highway Patrol cruiser in her driveway.

As she pulled in, her 15-year-old daughter, Sarah, ran up to the car.

“Sarah came outside and said, ‘It’s dad,’ ” Karen Bihn remembered.

William Bihn, of York Township, was one of two people killed in a head-on crash about 2:20 p.m. on state Route 18 in Penfield Township, Lorain County.

Bihn, 49, and Richard Forgues, 64, of Barberton, died at the scene, according to the Lorain County Coroner’s Office.

The patrol said Forgues was driving a 2002 Pontiac Grand Prix east on Route 18. It went left of center and crashed into Bihn, who was the sole person in a 2005 Chrysler Town and Country minivan.

A passenger in Forgues’ car, Rhonda Forgues, 59, of Barberton, was flown to MetroHealth Medical Center in Cleveland, where she was listed in critical condition Sunday night.

Karen Bihn said she and her husband would have celebrated their 21st anniversary in June.

“He was always having my back,” she said. “We meshed so well together.”

The wife said her only comfort was “a big miracle” that saved her daughter: Sarah could have been in the van.

Sarah stayed home because her friend, Ceanna Burnheimer, 15, of Liverpool Township, was waiting for her parents to pick her up at the Bihn’s York Township home.

“If her friend hadn’t been over that day, she would have gone with Bill,” Karen Bihn said. “It’s just a big miracle that Sarah wasn’t in the car with him.”

Sarah, a freshman at Buckeye High School, is one of two Bihn children. Ethan, 19, is a freshman at Tiffin University.

Karen Bihn said the past three days “have been d←j¢ vu,” because two of her brothers and her brother-in-law all died unexpectedly.

Her brother Keith Wetmore, of Spencer, died in 2010 after being hit by a car. Her other brother Kevin Wetmore died of a heart attack in 1997 and her brother-in-law Bob Bihn died of a heart attack in 2003.

“We’ve been through this before,” she said. “We’ll make it through this. It will be hard and it will be different.”

Karen Bihn said she didn’t “want to see what the condition of the van was or see the pictures. It’s just too hard.”

She said her husband was on his way to Wellington Implement, a farm equipment dealer, to order farm equipment for the spring.

“He was a farmer all his life,” she said Sunday. “It was what he loved to do.”

The Bihns were dairy farmers for years and at the peak of their farm, had about 30 cows. But 15 years ago, they sold the 11 cows they had left.

“We had to get rid of the cows because the milk prices were so low then,” Karen Bihn said. “It wasn’t bringing in enough money.”

William Bihn switched to crop farming, mostly straw, corn and soybeans, and he also worked as a Gazette carrier for years.

“He was such a dedicated husband,” she said. “He would work so many jobs to make sure we were OK.”

William Bihn graduated from Buckeye High School and was a member of 4-H and Future Farmers of America.

His wife said he has been a lector at his church, St. Martin of Tours Catholic Church, in Liverpool Township, since high school. He also helped out with special dinners at the church.

The St. Martin’s and Buckeye High School band are contributing to Bihn’s funeral expenses.

Karen Bihn said she and her family been overwhelmed by support from the community.

“Just everybody is coming to me to see if I need anything or if there’s anything they can do,” she said. “I’m so blessed to be in Medina County. It’s the best county in the world.”

Contact reporter Katie Anderson at (330) 721-4012 or kanderson@medina-gazette.com.


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Drugs causing rural, suburban Ohio counties to send more to prison than urban counties

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The changing face of Ohio's prisons: The makeup of Ohio’s prison population has changed drastically over the last two decades. In the early 1990s, nearly two-thirds of the about 20,000 people sent to state prisons each year were sentenced from the state’s six urban counties: Cuyahoga, Franklin, Hamilton, Lucas, Montgomery and Summit. Since 2011, more than half of the new inmates are coming from Ohio’s 82 suburban and rural counties. Last year, 57 percent of the 20,112 new inmates came from counties classified as non-urban by the Ohio Department of Rehabilitation Correction. (SOURCE: Ohio Department of Rehabilitation and Correction)

The changing face of Ohio’s prisons: The makeup of Ohio’s prison population has changed drastically over the last two decades. In the early 1990s, nearly two-thirds of the about 20,000 people sent to state prisons each year were sentenced from the state’s six urban counties: Cuyahoga, Franklin, Hamilton, Lucas, Montgomery and Summit. Since 2011, more than half of the new inmates are coming from Ohio’s 82 suburban and rural counties. Last year, 57 percent of the 20,112 new inmates came from counties classified as non-urban by the Ohio Department of Rehabilitation Correction. (SOURCE: Ohio Department of Rehabilitation and Correction)

Drug crimes are the main cause of a dramatic shift in the number of people being sent to prisons from non-urban versus urban Ohio counties over the past two decades, county officials said.

In the early 1990s, two-thirds of everyone sent to Ohio prisons came from six urban counties — Cuyahoga, Franklin, Hamilton, Lucas, Montgomery and Summit. Since 2011, more than half of new inmates came from the 82 rural and suburban counties, according to an analysis of two decades of state prison records by The Gazette.

County officials said it’s a complex issue — including factors such as suburban and rural population growth, stricter law enforcement and the weakened economy during the Great Recession. But every county official contacted by The Gazette said drug crime was the chief cause.

“Heroin is a suburban drug in a lot of respects,” said former Common Pleas Judge James L. Kimbler, who retired in January. “It’s hit us hard and it’s something we’re all fighting.”

Common Pleas Judge Christopher J. Collier agreed.

“Something like 85 percent of the crimes in Medina County are drug-related,” Collier said, “even if the crimes don’t explicitly say so.”

Ohio Department of Corrections and Rehabilitation data tell a similar story: Almost 92 percent of inmates in Ohio prisons in 2013 had a history of drug abuse.

According to The Gazette analysis of prison records, the number of people sentenced from urban and non-urban counties reached a crossover point in 2011. The crossover happened five years earlier in cases involving women.

Since 1993, felons sent to prison from Ohio’s urban counties dropped by a third. Over that same period, suburban and rural counties sent 55 percent more people to prison.

And the shift isn’t limited to counties bordering urban counties: The Gazette’s analysis showed the increase in the number of people sent to prison was greater among counties that weren’t adjacent to urban centers. (Click here to see the data about adjacent counties)

Different strike zones

James L. Kimbler

James L. Kimbler

Christopher J. Collier

Christopher J. Collier

Kimbler said the disparity between urban and suburban prison commitments may stem from the different ways communities handle drug crimes. For example, he said, Medina County rarely would send someone to prison for a charge of possession.

But he said urban counties may be even less likely to send nonviolent drug offenders to prison.

“Judges in urban counties see more serious cases, so prison’s not really an option for lesser offenses in those counties,” he said.

Kimbler noted urban counties also have more resources to put nonviolent offenders in treatment facilities instead of prison.

Medina County has no inpatient drug treatment facility of its own, so it’s likely for a repeat offender to return to the same courtroom, Kimbler said. After three or four chances, it’s likely that offender is put in prison.

“To a large extent, the judges who sentence people are going to reflect that county’s values,” he said. “Smaller counties may be more conservative, so they may also be stricter.”

Kimbler explained that Ohio law provides sentencing guidelines but decisions vary based on the judge. An urban judge might be less likely to send a drug offender to prison because he sees so many drug cases. On the other hand, Kimbler said violent crime is more common in urban settings, making nonviolent crime seem less serious to urban judges.

Kimbler used a baseball analogy to describe the phenomenon.

“Every umpire at the beginning of the year gets the same rulebook from the league,” Kimbler said, “but if you talk to the Cleveland Indians, they’ll tell you no two umpires have the same strike zone.”

While he was on the bench, Kimbler said he focused on consistency.

“I was much more concerned that my sentences were aligned with what Judge Collier was doing instead of what was happening in Cleveland,” he said. “I wanted there to be consistency with what was happening in Medina County.”

Kimbler was succeeded last month by his wife, Joyce V. Kimbler, who won election in November.

Collier offered a similar analysis, but explained that drug-related crime isn’t limited to possession and trafficking.

“It’s bigger than that,” Collier said. He explained that crimes such as theft, burglary and robbery are committed to obtain money or resources to trade for drugs.

In those cases, local incarceration sometimes becomes the best option because judges want the criminals off the streets, but they’re not sure prison is appropriate. However, he said it’s not that simple because local jail populations are as overcrowded as state prisons.

“So it’s either put them in prison or let them go,” Collier said, “and we don’t want to let them go.”

Complicating the issue, the Ohio General Assembly has added mandatory prison sentences in certain situations. For example, offenders can receive mandatory sentences for having large amounts of drugs, repeatedly committing violent crimes, possessing or brandishing a weapon while committing a crime.

“We’re sort of the end of the whip, and the Legislature is sort of the hand manipulating the whip,” he said. “Given the option, most judges would prefer to have more discretion in sentencing.”

Shifting populations, drug-fueled crime

Medina County sending more offenders to state prison: The number of people sentenced to state prison by Medina County judges has increased dramatically since the early 1990s. In the 11 years, 1993 through 2003, the county averaged 111 commitments annually. In the last 11 years, the average has nearly doubled to 212 each year. (SOURCE: Ohio Department of Rehabilitation and Correction)

Medina County sending more offenders to state prison: The number of people sentenced to state prison by Medina County judges has increased dramatically since the early 1990s. In the 11 years, 1993 through 2003, the county averaged 111 commitments annually. In the last 11 years, the average has nearly doubled to 212 each year. (SOURCE: Ohio Department of Rehabilitation and Correction) — Click the graph for a larger image.

Collier also suggested that population shifts may have had an effect.

According to the U.S. Census Bureau, Medina County’s population rose 41 percent from 1990 to 2010. In that same period, the number of people sent to prison from the county rose by about 48 percent.

But the population isn’t simply growing in suburban and rural counties — U.S. Census data shows people have been migrating out of urban counties.

Cuyahoga County’s population dropped more than a quarter from 1970 to 2010, while Medina County’s population more than doubled over the same period.

Veronica Perry, the county’s chief probation officer, said the population shift was probably a major factor in the changing prison population, but stressed the heroin epidemic is the primary reason commitments are rising in suburban and rural areas.

“If you go back and look at how many drug-related crimes in Medina County there were, you’ll find that there probably weren’t as many in the early 1990s,” Perry said. “But I worked in Cleveland back then and in that time we had a huge crack cocaine problem.

“We’re lucky that we didn’t get bombarded in Medina County with one particular drug until heroin. Other places weren’t so lucky.”

Perry said the crack cocaine problem Cuyahoga County had in the 1990s doesn’t compare to today’s heroin epidemic.

“It’s a phenomenon that I’ve never seen in my 26 years in this career,” Perry said. “Heroin does not discriminate. They’re either your sons and daughters, or your neighbor, or someone else you know.”

Medina County Drug Task Force Director Gary Hubbard said the shifting population may have influenced drug dealers to start selling in Medina County and similar communities.

“We have dealers coming into Medina County from urban cities to prey on our residents and give them their supply of drugs,” he said. “People were previously addicted to painkillers, from car accidents or surgery, and heroin provides a similar euphoric feeling.

“The medical issue is no longer present, but their body wants that feeling.”

The problem only worsened during the Great Recession, Hubbard said. The prison data shows the total number of prison commitments reached a record peak in 2007, during the height of the economic recession.

He said his office has cracked down on drug crime, resulting in a dramatic hike in the number of drug-related arrests throughout the county.

According to Medina County court records, prosecutors filed 920 felony cases in 2014 — including violent and nonviolent crimes — as opposed to only 519 two decades earlier.

“Drugs have a tremendous amount to do with nearly every crime around here. People are stealing money to buy drugs and objects like TVs to trade for drugs,” he said. “Many people aren’t always aware that crime is often drug-fueled.”

Incarceration vs. treatment

The Lorain County Correctional facility in Grafton is one of the most crowded prision facilties in the state. (2006 AP FILE PHOTO)

The Lorain County Correctional facility in Grafton is one of the most crowded prison facilities in the state. (2006 AP FILE PHOTO)

Solutions to the problem have been raised, including the state Legislature passing House Bill 86 in 2011— a controversial sentencing reform law that prevents judges from sending first-time felony offenders to prison if the crimes are lesser offenses.

Shakyra Diaz, policy manager for the American Civil Liberties Union of Ohio in Cleveland, said the reform is on the right track — but more must be done to change the way Ohio’s nonviolent criminals are sentenced.

“It was a good first step, but we need to take some bold steps in Ohio,” Diaz said.

She explained that the situation is dire because Ohio’s prisons are overpopulated. As of Feb. 17, the state had 50,377 inmates in prisons built to house less than 39,000.

The Ohio Department of Rehabilitation and Corrections has said it does not intend to build more prisons, so Diaz said the answer to reducing the population is to address the drug problem.

“The fact is there are limited or no community treatment options in suburban and rural areas. In fact, there’s not even enough in urban communities,” she said. “It shouldn’t matter where you live if you’re struggling with addiction. You should have access to treatment options in your community.”

Without treatment facilities, she said the result is many nonviolent offenders getting convicted of felonies. Even if they’re only sentenced to probation, she said those offenders are unable to become productive members of society because a felony record makes it difficult to obtain higher education or find well-paying jobs.

“Felony convictions are lifetime penalties,” Diaz said. “Someone once told me that it was easier to overcome drug addiction than it was to overcome a felony conviction. He’s been sober for many, many years, but he’s still unable to get a job.”

Other states, like California, have passed sweeping legislation to decriminalize drug addiction, Diaz said. Decriminalization laws allow those charged with low-level drug felonies to have their crimes reduced to misdemeanors.

“It’s preventing people from going to prison in the first place,” Diaz said.

She said sentencing reform should be supported by politicians from all political parties: The drug problem affects everyone, she said, so many arguments in favor of reform are coming from both liberals and conservatives.

“A lot of the arguments in support of reform are coming from both sides,” she said. “They’re saying the ‘war on drugs’ has gone too far, and that we pay much more to incarcerate someone than we do to get them treatment.”

Diaz said treatment is the only effective answer.

“What we’d like to see as a collective community is that everyone is a contributing, tax-paying resident,” she said. “But if these people are unable to get jobs to become productive, aren’t we all losing in the end?”

The Gazette data analysis was done by Managing Editor David Knox.

Contact reporter Nick Glunt at (330) 721-4048 or nglunt@medina-gazette.com. Follow him on Twitter @ngfalcon.


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Firefighter hurt in overnight blaze that left Medina home ‘a complete loss’

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The home at 383 Bella Rosa Court in Medina was labeled a total loss Monday morning after a fire that started late Sunday night engulfed the first-floor garage and a vehicle in the driveway. Fire Chief Bob Painter said no cause or damage estimate has been released. (NICK GLUNT / GAZETTE)

This home at 383 Bella Rosa Court in Medina was damaged after a late Sunday night fire engulfed the garage and a vehicle in the driveway and a second-floor living area. (NICK GLUNT / GAZETTE)

A firefighter was injured late Sunday night when he fell through the second-story floor of a burning home on Bella Rosa Court in Medina.

Medina fire Chief Bob Painter said Monday that two firefighters were inside the house, trying to extinguish flames above the first-floor garage, when the floor beneath them collapsed. One was injured.

Hydrants need attention

The house fire at Bella Rosa Court puts a spotlight on a winter weather issue that affects fire departments. Area firefighters note that heavy snowfall on and around hydrants can slow response time for a hydrant to be located and put into use.

Departments ask that a 3-foot perimeter be cleared around a hydrant along with clearance to a street.

Departments also ask homeowners to contact them if a hydrant is leaking or appears to be damaged.

To view a public service video about hydrants, check the end of this story.

“One walked away, and the other sort of fell through and landed on his head and shoulder,” Painter said.

The injured firefighter was transported to Medina Hospital, Painter said. He was treated and released, but will be recovering for six to eight weeks.

Painter said the six-member family reported the fire at about 10:45 p.m.

“The family was asleep when the father noticed the smell of smoke,” Painter said. “He went to investigate and found the garage on fire.”

The family and their pets escaped unharmed and called the Fire Department.

“Upon our arrival, the whole garage was fully involved, and a car parked in front was also fully involved,” the chief said. “The house was a complete loss.”

Painter said fire investigators determined a Jeep in the garage likely caused the blaze. Insurance investigators are expected to determine how the Jeep caught fire.

According to Medina County Auditor’s Office records, the home at 383 Bella Rosa Court was built in 2005 and is owned by David and Angela Bonitz and is valued at $160,480. The auditor set the value of the land at $42,150.

No damage estimate has been released, Painter said, and the fire does not appear to be suspicious.

“We believe it’s accidental, but we haven’t determined the cause yet,” he said.

Family members started an online fundraiser, which raised more than $4,000 for the Bonitz family by Monday afternoon. The fundraiser can be found at www.gofundme.com/n1dpjc. As of late afternoon Monday, nearly $5,900 had been donated.

Firefighters had the blaze under control by 1:30 a.m., Painter said. They remained until almost 4 a.m. for cleanup.

He said the winter temperatures were not a problem.

“We were lucky,” he said. “It was about 18 degrees, which seems cold, but it didn’t really impede us much.”

What did impede firefighters was the nearby fire hydrant buried in snow.

“The police had dug it out for the most part by the time we arrived,” Painter said, “but people had buried it with a snowblower, so they had four feet of snow to dig through.”

Contact reporter Nick Glunt at (330) 721-4048 or nglunt@medina-gazette.com. Follow him on Twitter @ngfalcon


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Attorney General Mike DeWine sues Hinckley Twp. landscaper

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A Hinckley Township landscaper has been sued by Ohio Attorney General Mike DeWine for allegedly failing to deliver services to at least nine Medina County customers.

The attorney general’s office filed a civil lawsuit Monday in Medina County Common Pleas Court against John M. Capone, of the 1300 block of Mattingly Road.

The lawsuit alleges Capone violated Ohio’s Consumer Sales Practices Act and Home Solicitation Sales Act by failing to complete work contracted by his company, Empire Landscaping, resulting in $60,000 in losses to nine customers over the last two years.Eight of the customers were in Medina County and one was in Cuyahoga County, according to Kate Hanson, spokesperson for the attorney general’s office.

According to the suit, Capone offered landscaping and light construction services — including concrete driveways, walkways, patios, fire pits and lawn care. He solicited some of his sales door-to-door, and took down payments worth thousands of dollars. The suit alleges he either did not deliver the services or performed incomplete or shoddy work.

The lawsuit also states that Capone took on new customers for his business while failing to repay previous customers for the services he did not provide.

Hiring a contractor

Ohio Attorney General Mike DeWine’s office offered the following advice for residents who are looking to hire a home improvement company:

  • Check the company’s reputation with the Better Business Bureau and the attorney general’s office.
  • Get written estimates from several businesses before making a final decision.
  • Get all promises in writing, including the start date and an itemized list of services to be completed.
  • Be wary of contracts that require a large down payment, such as half the total cost, or contracts that require the check be written directly to the contractor instead of the company.
  • Door-to-door sales contractors are required to give you a three-day right to cancel and cannot begin the work until the three-day period ends.

When reached by phone on Monday, Capone said business has been slow because of his poor health and other issues. But he said he has completed the work for all his customers. He said none of his customers have contacted him about issues.

“We’ve done jobs up and down the same street in one neighborhood,” he said. “These people saw my work and they hired me.

“There’s only one man who can judge me and that’s the guy upstairs.”

Capone said his home was damaged during the floods that hit the area in the spring. He also said he’s struggled with financial issues.

In 2014, Capone filed for bankruptcy in federal court, but his case was dismissed because he did not provide required information to the court. He also attempted to file for bankruptcy in 2010 and 2013, and the cases were dismissed for failure to provide information.

Capone said he’s not sure what prompted the state to get involved and said a case in Medina Municipal Court stemmed from what he believes is a personal civil dispute between him and a former customer.

In 2014, Medina Municipal Court Judge Dale H. Chase ordered Capone to pay $3,000 plus interest to a Strongsville resident for landscaping work he did not receive. In another case that year, Capone was ordered to pay $470 plus interest to a Hudson company for landscaping work.

Officials in DeWine’s office said they tried to resolve the outstanding payments and other issues with Capone but were unsuccessful.

“Despite our efforts to resolve these issues out of court, this individual has failed to cooperate, leaving consumers with shoddy work and no refunds,” DeWine said in a news release. “The purpose of this action is to put an end to the violations and recover money for affected consumers.”

The lawsuit also states that Capone did not obtain the necessary permits for some work and failed to register his business’s name with the secretary of state. The only Empire Landscaping business registered in Ohio is in Brown County that appears to have no ties to Capone.

There have been three complaints filed against the Brunswick-based Empire Landscaping with the Better Business Bureau for failing to provide services. Capone had not responded to the complaints, prompting the business-rating agency to give Capone’s company an “F” rating.

Contact reporter Loren Genson at (330) 721-4063 or lgenson@medina-gazette.com. Follow her on Twitter @lorengenson.


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Boys Scouts raising money for family of crash victim from York Township

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The Bihn family: Children Sarah and Ethan and parents Karen and William. (PHOTO PROVIDED)

The Bihn family: Children Sarah and Ethan and parents Karen and William. (PHOTO PROVIDED)

Boy Scouts from York, Litchfield and Liverpool townships are hosting a fundraiser Saturday for the Bihn family.

William Bihn, 49, of York Township, was killed in a head-on car crash last Friday afternoon on state Route 18 in Penfield Township, Lorain County.

Proceeds will benefit Bihn’s wife, Karen, and children, Ethan, 19, and Sarah, 15.

The event will be 10 a.m. to 1 p.m. at the Gunkelman Farms Equipment Reduction Auction at Abbeyville and Spieth roads in York Township.

“He was a part of our community and we just want to support some of our own,” said Joe Walker, scoutmaster for Litchfield’s troop. “We thought it would be a great role for the Boy Scouts to fill.”

Walker said the idea came from Mitch and Kim Cecelich, of York Township, who are farmers and friends of the Bihn family.

“We found out what happened Friday night,” Walker said. “We decided to try to get the troops together, consolidate resources, do the concessions and give the proceeds to a local family.”
Scouts will serve tacos, sloppy joes, hot dogs, desserts, coffee and hot chocolate.

“We’re still just putting everything together, but local businesses will be contributing as well,” he said. “I hope the community will come out and support this. I heard the auction itself was expected to bring out a couple hundred people.”

Karen Bihn said she has received overwhelming support.

“It’s just amazing,” she said. “This community is just so great.”

Contact reporter Katie Anderson at (330) 721-4012 or kanderson@medina-gazette.com.


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Snowmobiler injured, charged after running into barbed wire on private property

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A Spencer snowmobiler who was injured and sustained neck and throat lacerations over the weekend after running into a barbed wire fence on private property is facing criminal charges.

Mitchell Parker, 28, was charged with criminal trespassing and could also be charged with DUI because deputies believe alcohol was a factor in the accident, according to Lorain County Sheriff’s Office Capt. Jim Drozdowski.

Parker was transported by ambulance on Saturday to AllenMemorialHospital in Oberlin and then flown to MetroHealthMedicalCenter in Cleveland, Drozdowski said. MetroHealth spokesperson Tina Arundel said Parker was discharged but could not say when or how severe his injuries were.

Parker was riding the snowmobile on land owned by farmer William Mohler on state Route 58 and Hughes Road around 10:30 p.m. on Saturday when he ran into a three-strand barbed wire fence, which Mohler uses to keep his cattle in.

Drozdowski said Parker did not have permission to be on the property, was unfamiliar with the terrain and was riding alone when the accident happened. He said a couple other snowmobilers, who were riding legally on a public right-of-way, came to Parker’s aid.

“They stopped and thought they heard somebody yelling so they shut off their snowmobiles,” Drozdowski said. “Then they saw a guy running across the field who appeared to be injured.”

The two snowmobilers called 911 and an ambulance. Sheriff’s Office deputies arrived and were able to interview Parker while he was in the back of the ambulance. Drozdowski said deputies determined Parker did not know who owned the property and was never given permission to ride on it.

Drozdowski said while the deputy was talking to Parker he smelled alcohol, asked Parker if he had been drinking and Parker admitted to having a couple beers before riding.

“We’re not sure if he’ll be charged with DUI until we get his (blood test) results back,” Drozdowski said.

The accident happened one week after Grafton farmer Mark Dangelo complained about trespassing snowmobilers who were causing damage to his winter wheat crop and scaring his horses and what he saw as a lack of concern from the Sheriff’s Office in going after such trespassers.

Dangelo placed a barbed wire fence, no trespassing signs and caution tape on his land in an attempt to stop the snowmobilers from riding on his property, but they cut it down. The Sheriff’s Office maintains it is difficult to catch trespassers, who often ride at night, unless they are actually stopped and caught in the act.

Saturday’s accident serves as an example of why snowmobilers should get permission from landowners before heading into fields and stay on public right-of-ways rather than riding on private property, Drozdowski said.

“A lot of snowmobilers out there are doing everything legally like the guys who actually called 911,” he said. “But this individual had no idea what terrain he was on nor did he have permission.”

Drozdowski said Mohler can’t be faulted for the accident because in this case the fence was there for cattle, not to deter snowmobilers, and Parker was on the land illegally.

Contact Jon Wysochanski at 329-7123 or jwysochanski@chroniclet.com. Follow him on Twitter @JonWysochanski. 


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Former Marine convicted in deaths of ‘American Sniper’ author, second man

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STEPHENVILLE, Texas — A former Marine was convicted Tuesday in the deaths of the “American Sniper” author and another man at a shooting range two years ago, as jurors rejected defense arguments that he was insane and suffered from psychosis.

The trial of Eddie Ray Routh has drawn intense interest, in part because of the blockbuster film based on former Navy SEAL Chris Kyle’s memoir about his four tours in Iraq.

Since prosecutors didn’t seek the death penalty in the capital murder case, the 27-year-old receives an automatic life sentence without parole in the deaths of Kyle and Kyle’s friend, Chad Littlefield.

The prosecution painted Routh as a troubled drug user who knew right from wrong, despite any mental illnesses. While trial testimony and evidence often included Routh making odd statements and referring to insanity, he also confessed several times, apologized for the crimes and tried to evade police.

Criminal law experts said the verdict hinged on whether the defense could prove Routh was insane and did not know the killings were wrong at the time they were committed. Jurors had three options: find Routh guilty of capital murder, find him not guilty, or find him not guilty by reason of insanity. If found not guilty by reason of insanity, the court could have initiated proceedings to have him committed to a state mental hospital.

Kyle and Littlefield had taken Routh to the shooting range at Rough Creek Lodge and Resort on Feb. 2, 2013, after Routh’s mother asked Kyle to help her troubled son. Family members say Routh suffered from post-traumatic stress disorder from serving in Iraq and in Haiti after the devastating 2010 earthquake.

A forensic psychologist testified for prosecutors that Routh was not legally insane and suggested he may have gotten some of his ideas from television. Dr. Randall Price said Routh had a paranoid disorder made worse by his use of alcohol and marijuana, calling his condition “cannabis-induced psychosis.”

Defense attorneys noted that Kyle had described Routh as “straight-up nuts” in a text message to Littlefield as they drove to the luxury resort.

Among evidence entered by prosecutors was a recorded phone call between Routh and a reporter from The New Yorker magazine in which Routh said he was annoyed Littlefield wasn’t shooting, but instead seemed to be watching him.

“Are you gonna shoot? Are you gonna shoot? It’s a shooting sport. You shoot,” Routh said in the phone call. “That’s what got me all riled up.”

Defense attorneys said Routh, who had been prescribed anti-psychotic medication often used for schizophrenia, believed the men planned to kill him.

“I had to take care of business. I took care of business, and then I got in the truck and left,” Routh said in the phone call.

A resort employee discovered the bodies of Kyle and Littlefield about 5 p.m.; each had been shot several times. About 45 minutes later, authorities say Routh pulled up to his sister’s home in Kyle’s truck and told her he had killed two people.

She called police, who later located Routh sitting in front of his home in the truck. A police video shown by prosecutors showed officers trying to coax him from the truck while he makes comments including: “I don’t know if I’m going insane” and “Is this about hell walking on earth right now?”

“He told us he’d taken a couple of souls and he had more souls to take,” Lancaster police Lt. Michael Smith testified.

Routh later took off and led authorities on a chase before the truck became disabled and he was arrested.


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This week’s Medina County police log (updated three times weekly)

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Note: This page is updated most Wednesdays, Thursdays and Fridays with police logs from the Medina, Brunswick and Wadsworth areas.

Medina police

Monday, Feb. 16
5:22 p.m. — 1000 block Lafayette Road, a woman reported her ex-boyfriend was harassing her.

Tuesday, Feb. 17
6:43 p.m. — 700 block Miner Drive, report of harassing phone messages.
8:06 p.m. — 900 block Hickory Grove, report of theft of wallet with credit cards.

Wednesday, Feb. 18
4:34 p.m. — 1100 block N. Court St., Ashley M. Grattan, 21, Lorain, cited for driving under suspension.

Thursday, Feb. 19
4:52 p.m. — 700 block Miner Drive, complaint of threat being made via Facebook.

Monday, Feb. 23
2:52 p.m. — 200 block Abbeyville Road, medications reported stolen from vehicle.

Medina Twp. police

Monday, Feb. 16
2:36 p.m. — 4900 block Grande Boulevard, officers responded to a report that a 24-year-old male employee told a co-worker that he “was going to shoot” a female co-worker with whom he was upset. The manager of the business suspended the man, who was “escorted off the property.” The female employee was advised of the threat but declined further action.
5:05 p.m. — 4000 block Pearl Road, officers responded to a report that a woman was suspected of shoplifting. Sarah Wolf, 18, 3900 block Sharon Copley Road, Montville Township, was charged with theft, a first-degree misdemeanor. A store employee accused her of concealing items in her purse and trying to leave the store.

Wednesday, Feb. 18
11:53 a.m. — A resident of the 2900 block of Hood Road came to the township police station and reported he was the victim of fraud.

Thursday, Feb. 19
1:15 p.m. — 3700 block Medina Road, the owner of a restaurant reported he was the victim of a scam. The owner said someone claiming to be from the electric company called and demanded immediate payment of a bill or the electricity would be shut off. The only payment acceptable was a GreenDot prepaid cash card. The owner bought a card for $770. He told police he realized he was the victim of a fraud after learning the money was sent overseas.

Friday, Feb. 20
3:27 p.m. — 4400 block Hamilton Road, report of vandalism.

Saturday, Feb. 21
3:27 p.m. — 3000 block Plum Creek Parkway, resident reported vehicle slid off road and struck a mailbox and left.

Montville Twp. police

Wednesday, Feb. 18
10:55 a.m. — 3700 block Turnberry Drive, a couple reported a possible scam. The wife said someone had called her several times per week saying she had won $8,000. She was advised to contact her telephone provider to block the calls. A check determined the call had come from the New York area.

Thursday, Feb. 19
3:10 p.m. — 2900 block Medina Road, a service station reported a suspected shoplifting. The suspects — two women and a man — were captured on video but could not be identified. Items reported stolen were a bag of potato chips and candy.

Sunday, Feb. 22
10:48 a.m. — Address withheld, 13-year-old boy accused of domestic violence taken into custody and booked at the Medina County Juvenile Detention Center.


The post This week’s Medina County police log (updated three times weekly) appeared first on The Medina County Gazette.

Ohio man charged with supporting terrorism

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COLUMBUS — An Ohio man provided support for people engaged in terrorism and tried to conceal his efforts through money laundering, according to court documents that include a request for a $2.5 million bond.

In the past year and a half, Abdirahman Sheik Mohamud provided material support or resources or electronic devices to people engaged in Middle East terrorism and traveled there, according to a bond request filed Tuesday in Franklin County Court.

Mohamud, 23, “is a public safety risk and has every reason to flee the United States” if released from custody, Franklin County Prosecutor Ron O’Brien said in his request for the bond.

O’Brien’s filing said an ongoing investigation could result in federal charges with more serious penalties than those in state court. A Wednesday hearing was scheduled for Mohamud.

Court documents don’t list an attorney available to comment on the charges against Mohamud, who is in Franklin County Jail.

The indictment said the money laundering involved an amount more than $1,000 and less than $5,000.


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Judge rules against voiding former Medina superintendent Stepp’s contract

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Randy Stepp

Randy Stepp

A visiting common pleas judge has dismissed a request that former Medina Schools Superintendent Randy Stepp’s contract be declared void.

The ruling was in a case that tied together a number of suits and motions in Medina County Common Pleas Court in August.

Attorney J.R. Russell had accused the Medina school board of violating open meetings laws when it approved a new contract for Stepp in January 2013. The suit asked that Stepp’s contract be voided and that Stepp be ordered to pay the district back the money received under the contract. The board filed motions supporting Russell’s claim.

In a Jan. 27 ruling, retired Cuyahoga County Common Pleas Judge Thomas Pokorny ruled Russell had standing to bring the claim of an open meetings violation against the board, but that he could not ask the court to invalidate Stepp’s contract or require he pay back the money.

“We’re obviously pleased with the court’s ruling in that regard,” said Stepp’s attorney Michael Matasich.

In April 2013, the Medina Board of Education rescinded Stepp’s contract, which included an $83,000 signing bonus, saying it violated open meetings laws when the contract was approved in January 2013.

But Matasich said his client has maintained the argument that an approved contract with an administrator cannot be rescinded because of an open meetings violation on behalf of the board. After the contract was rescinded, Stepp filed a lawsuit against the board charging breach of contract. Matasich said he believes the court also will rule in Stepp’s favor in that claim, which is a part of the current combined case.

“We expect that the court will also find that the board cannot just invalidate a contract,” Matasich said. “They voted to approve his agreement; they can’t just rescind it this way.”

Pokorny ruled Russell was not personally affected by the contract.

“The Open Meetings Act does not confer standing upon Russell to invalidate Stepp’s contract nor to recover a monetary judgment,” Pokorny wrote. “In order for Russell to have standing to invalidate he must show he is aggrieved personally and in a manner different from the public in general.”

Pokorny did not, however, toss out Russell’s claim that an open meetings violation was committed by the school board.

“The court finds that ‘any person’ including Russell has standing to force a public board to comply with Ohio Open Meetings Act, pay a monetary forfeiture, collect reasonable attorney fees and even force a member to be removed from an office for a further violation” he wrote.

In a separate ruling on Jan. 27, Pokorny allowed Stepp’s claim of defamation to proceed.

In his suit filed in county court in 2014, Stepp said the board members were aware of the fringe benefits in his contract that included a payoff of $172,000 in student loans related to his undergraduate, graduate and doctorate degrees. He filed defamation and false light claims and attorneys for the board asked the judge to dismiss the claims.

Pokorny said he could not dismiss the claims at this time.

The case is expected to go to trial later this year. Last year, Pokorny ordered that motions be filed by all parties in the suit by June 1 and set a preliminary trial date for Sept. 28.

Contact reporter Loren Genson at (330) 721-4063 or lgenson@medina-gazette.com. Follow her on Twitter @lorengenson.


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Ex-employee of auditor’s office wants identities of commenters on Web stories revealed

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Annette Ehrlich

Annette Ehrlich

Mike Kovack

Mike Kovack

An ex-employee of the Medina County Auditor’s Office has served subpoenas in a federal lawsuit seeking to identify her former co-workers who may have left comments on stories posted on The Gazette’s website about her feud with Auditor Mike Kovack.

In a motion to block the subpoenas, which were issued earlier this month, attorneys for the county argued the information sought in the subpoenas could create a security threat in the office.

“Disclosing the Auditor’s Office IP addresses — without any limitation on its use or any security efforts taken to protect that information — makes their network extremely susceptible to security and hacking concerns,” attorneys Kimberly Vanover Riley and Brian Spiess wrote in a motion filed in U.S. District Court in Cleveland. “IP” is a shortened version of the term “Internet Protocol,” which identifies a computer location and network.

The county’s attorneys told the court they would willing to provide the auditor’s office IP addresses but not in a document that would be open to the public. Instead, they suggested having the judge determine if the addresses matched those on The Gazette’s website.

In a written response filed in court Wednesday, the attorney for the former employee, Annette Ehrlich, argued it was safe to release the IP addresses.

“The IP addresses sought are not records that contain information directly used for protecting and maintaining the security of public office against attack, interference or sabotage,” attorney Theodore Lesiak wrote.

Magistrate Judge Greg White will rule on the motion to block the subpoenas but did not set a date.

Besides Kovack, Ehrlich is suing former deputy auditor Joan Heller and Medina County commissioners.

The subpoenas are the latest jab in the feud between Kovack and Ehrlich, who was fired in September after an “irate” confrontation in the auditor’s office.

Ehrlich said in her lawsuit that she was fired because she accused Kovack of having several inappropriate files on a county-owned laptop computer — including pornography, documents to manage political campaigns, files used to run his private rental business and charts detailing his dating life.

Last month, Kovack was charged with misusing public funds. He pleaded no contest and entered a diversion program. If he successfully completes the program, the charges will be dropped.

Prosecutors said they found no evidence of pornography.

The Gazette initially was subpoenaed earlier this month, but the subpoenas were withdrawn after Publisher George Hudnutt told Lesiak that the comment portion of the newspaper’s website is provided by a third-party business, San Francisco-based Disqus Inc.

In addition, Lesiak subpoenaed all documents regarding Kovack’s criminal investigation that was conducted by the Medina County Sheriff’s Office and the office of Erie County Prosecutor Kevin Baxter, who had been appointed to handle the case after Medina County Prosecutor Dean Holman recused himself.

The county’s attorneys declined to provide the documents, saying the case is still open. Under Ohio law, criminal investigation files are not public until a case is finished.

“The county defendants have not yet determined how much of their files will ultimately be susceptible to production because, for now — and for as long as co-defendant Kovack’s criminal matter remains pending — it is all confidential,” the attorneys wrote.

In a motion in response, Lesiak argued the documents should be public because Kovack entered the diversion program.

“While Kovack’s case is ‘not concluded,’ there is no trial preparation or additional work in anticipation of a criminal proceeding,” he wrote.

Kovack’s charges in Medina Municipal Court are first-degree misdemeanors. If he fails to complete the diversion program, Judge Dale H. Chase will find him guilty and sentence him to up to six months in the county jail and up to $1,000 in fines for each charge.

The investigation into Kovack began in March, when Ehrlich, the information technology manager in the auditor’s office, told a sheriff’s investigator she found campaign material on Kovack’s laptop, which had become infected with a computer virus in 2008. She also said she saw “hundreds, maybe thousands” of pornographic pictures, which she said she deleted at Kovack’s request.

Kovack’s attorney, Steve Bailey, has maintained the allegations against Kovack were political in nature because he was running for re-election at the time. Kovack went on to win the election in November.

Contact reporter Nick Glunt at (330) 721-4048 or nglunt@medina-gazette.com. Follow him on Twitter @ngfalcon.


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Police seeking help identifying suspects in attempted ATM theft

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Brunswick police are looking for two or possibly three suspects believed to be involved in an attempted theft of an ATM from the Walgreens at Pearl and Center roads earlier this month.

Police said a newspaper carrier reported that the door of the pharmacy was open and it looked as though there had been a break-in.

Surveillance video and other evidence indicated that as many as three men used a Pontiac Trans Sport minivan to drag the ATM out of the entryway, reports said. The men had pried open the front doors and stayed in the entranceway. Because they didn’t enter the main store, they did not trigger the alarm.

Video footage showed two men attaching the ATM to a chain. A possible third suspect backed the van up to the building about 4 a.m. After two to three attempts, the men gave up and departed, leaving the damaged ATM with pieces of the van scattered on the ground.

Police described two suspects as wearing ski masks, black coats and black pants. One suspect was described as having a thin build and wearing a gray, hooded sweatshirt under a coat. The second suspect was heavier, wearing a red, hooded sweatshirt under a coat. Police believe the minivan was a 1990 to 1996 model.

Anyone with information is asked to call Brunswick police at (330) 225-9111.


The post Police seeking help identifying suspects in attempted ATM theft appeared first on The Medina County Gazette.

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