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Dead inmate's family gasps after five officers leave court following pleas of not guilty
By Carl Chancellor Beacon Journal staff writer
Published on Tuesday, Sep 11, 2007
Over the objection of the prosecution, all five Summit County sheriff's deputies charged in the death of a jail inmate walked out of court Tuesday and went home after being granted personal recognizance bonds by a visiting judge.
The deputies Stephen Krendick, 34, charged with first-degree murder; Brian Polinger, 33, charged with third-degree reckless homicide; Mark Mayer, 26, and Dominic Martucci, 30, both charged with second-degree felonious assault; and, Sgt. Bret Hadley, 35, charged with third-degree reckless homicide pleaded not guilty to the charges during their arraignment Tuesday morning in Summit County Common Pleas Court.
The men were indicted in the death of Mark McCullaugh Jr., 28, during a scuffle last August at Summit County Jail.
Prosecutors recommended a $100,000 bond for Krendick and $50,000 each for the other deputies, but visiting Judge H. F. Inderlied of Geauga County released each of the defendants on the promise they would return to court for their next appearance a pretrial hearing scheduled for 1 p.m. on Oct. 18.
When Cuyahoga County Prosecutor Jon Kosko objected to their recognizance bond, Inderlied replied: ''We have a philosophical difference.''
The judge went on to explain that the purpose of a bond is to ensure a defendant appears in court.
''There is no reason to put a number (dollar amount) on this case,'' Inderlied said, explaining that he had ''no reason to believe that they are not going to appear.''
McCullaugh's family members let out a collective gasp when the bonds were handed down.
''This is a joke,'' said Jennifer Fox, McCullaugh's mother, who dabbed at tear-filled eyes as she walked from the second-floor courtroom.
McCullaugh's father, Mark D. McCullaugh Sr., complained that the deputies had received special treatment.
''I don't understand,'' he said.
But he took solace in the fact that after a yearlong investigation, the deputies had been indicted in his son's death.
''At least we are here now. We will have to see what happens next time,'' McCullaugh said as he left the courtroom.
The indictments against the five deputies were announced Friday by the Cuyahoga County Prosecutor's Office, which presented the case to a Summit County grand jury. They followed a yearlong independent investigation overseen by the Ohio Attorney General's Office.
McCullaugh, an Akron resident, died Aug. 20, 2006, after a struggle at the jail with deputies. The Summit County Medical Examiner's Office ruled his death a homicide after an autopsy showed the 6-foot-2, 306-pound man died of asphyxiation from multiple forms of restraint and blows, including an unspecified anal injury.
Inderlied cited the defendants' long-standing ties to the community as a reason he allowed recognizance bonds. More than 60 family members and friends of the deputies filled the courtroom for the two-hour proceedings.
All five men grew up in the Akron area Krendick, who lives in Akron, is a 1992 graduate of Kenmore High School; Mayer, of Green, graduated from Garfield High School; Martucci, of Akron, graduated from Firestone High School in 1996; Polinger, of Akron, is a 1992 graduate of Springfield High School; and Hadley, of Akron, is a 1990 graduate of Green High School.
Although Prosecutor Kosko said he was ''disappointed'' in the judge's bond decision, he said he didn't believe there was any favoritism shown.
''I don't think they got special treatment. They did spend the night in jail,'' said Kosko, referring to the fact that the deputies had been held in the Medina County Jail since surrendering to authorities Monday morning.
''I don't think this is an unusual case,'' Kosko said.
Carl Chancellor can be reached at 330-996-3725 or cchancellor@thebeaconjournal.com.
Over the objection of the prosecution, all five Summit County sheriff's deputies charged in the death of a jail inmate walked out of court Tuesday and went home after being granted personal recognizance bonds by a visiting judge.
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