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Judge dismisses case against two officers; two others still face Nov. trial in Summit
By Ed Meyer
Beacon Journal staff writer
Published on Friday, Sep 05, 2008
A judge granted a prosecution motion Thursday to dismiss charges against two Summit County sheriff's deputies who were indicted in the 2006 death of jail inmate Mark D. McCullaugh Jr.
Deputies Mark Mayer and Dominic Martucci, indicted on one count of felonious assault last September, were to go on trial Monday before visiting Judge Herman F. Inderlied Jr.
Special prosecutors John R. Kosko and Brian M. McDonough of Cuyahoga County met privately with Inderlied, then moved for dismissal in court after defense lawyers confirmed that Mayer and Martucci had waived their right to a jury trial.
Last month, deputy Stephen Krendick, who was facing the most serious charge in the case, was found not guilty of one count of murder by Inderlied after an eight-day trial.
Thursday's dismissal does not affect the cases against the other deputies charged in McCullaugh's death, defense lawyer Michael B. Bowler said.
Sheriff's Sgt. Brett Hadley and deputy Brian Polinger were indicted on one count of reckless homicide. Their trial is scheduled for Nov. 12.
After Thursday's proceedings, Kosko said he had asked Inderlied during the closed meeting whether the judge would consider stepping down from the case against Mayer and Martucci.
''He said he would not. He said he was appointed to do the job and that he was going to do it,'' Kosko said.
Inderlied, a retired judge from Geauga County, was appointed to hear the cases by Ohio Supreme Court Chief Justice Thomas J. Moyer.
Explaining his reasons for seeking the dismissal, Kosko said: ''We felt our strongest case was Stephen Krendick. He was the principal offender, and we felt that proceeding in a non-jury trial in what probably was our two weakest cases would not be successful, given the judge's ruling in the previous case.''
Testimony in Krendick's trial showed McCullaugh, 28, had no vital signs after he was involved in a violent struggle with several deputies in his cell in the jail's mental health unit on Aug. 20, 2006.
Prosecution eyewitnesses, including several deputies who were not charged, testified that McCullaugh was handcuffed and shackled at the legs as he kneeled at his bunk after the deputies got him under control.
Moments later, a jail nurse injected McCullaugh with two drugs as part of the effort to calm him, they testified.
Witnesses testified that before the drugs could take effect, Krendick used a 16-ounce can of pepper spray and shot it at McCullaugh through a flap in the closed cell door.
McCullaugh also had been shot several times with a Taser stun gun during the early stages of the struggle, witnesses said.
A forensic pathologist for the Summit County Medical Examiner's Office, testifying for the prosecution, said the cause of death was asphyxiation from the combined effects of electrical, chemical and physical restraints.
But forensic experts for the defense testified that McCullaugh died from the stress of a rapidly accelerated heartbeat brought on by severe coronary artery blockage.
Inderlied sided with the defense, ruling the prosecution failed to prove beyond a reasonable doubt that ''any conduct'' by Krendick caused McCullaugh's death.
On Thursday, family members of Mayer, 27, and Martucci, 31, stood in the courtroom and applauded when Inderlied dismissed the case and told the deputies they were free to go.
Afterward, Bowler, who represents Martucci, said he and co-counsel Robert C. Meeker were ''overjoyed'' for Martucci, Mayer and their families.
''There's an immense feeling of relief, first of all, because of the serious nature of the charge, and the feeling of being able to go on with their lives the way it was before this intruded on them,'' Bowler said.
''We felt all along there was no wrongdoing. We felt there was no evidence that would even reach the level of probable cause, let alone beyond reasonable doubt.
''Dominic [Martucci] felt like he was doing his job as he was taught to do it, as he was trained to do it, and nothing more,'' Bowler said.
Attorney Lawrence J. Whitney said Mayer and his family were elated.
''I think it was a recognition by the prosecutor that he could not prove the case, and I think he did the honorable thing,'' Whitney said.
Mayer, an Iraqi war veteran, ''wants to put this behind him finally, so he can move on with his career and his life,'' Whitney said. ''This has been a burden upon him and all of his family, financially and emotionally.''
The lawyers said both deputies plan to return to their jobs with the sheriff's department.
''I think the sheriff will put them back on the force as quickly as he can work them into the rotation,'' Whitney said.
Ed Meyer can be reached at 330-996-3784 or emeyer@thebeaconjournal.com.
A judge granted a prosecution motion Thursday to dismiss charges against two Summit County sheriff's deputies who were indicted in the 2006 death of jail inmate Mark D. McCullaugh Jr.
Get the full article here.
Comments
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Akron, Ohio
Posted 04:16 PM, 09/05/2008
Great
Akron, Ohio
Posted 04:17 PM, 09/05/2008
This is the worst format ever. Good job ABJ!
Posted 12:40 AM, 09/06/2008
This is a travesty - allow guards to abuse the crap out of prisoners and pretend they did nothing even when one dies. I suppose next they'll say it was the prisoner's fault he was abused.
Posted 12:52 AM, 09/06/2008
I'm sorry it's the veteran's fault
Posted 01:04 AM, 09/06/2008
Nice job Tom. You ruined it for everyone.
Posted 09:48 PM, 09/06/2008
They have already blamed the prisoner for what happened
Posted 10:18 PM, 09/06/2008
Absolutely sickening. Are they cheering because a 28 year old man is dead, because they got away with their part in that death or because they can do it again?
Posted 09:32 PM, 09/10/2008
bad format
