Judge recuses himself from assault case

Larry Limpf

Ottawa County Common Pleas Court Judge Bruce Winters has recused himself from an assault case involving Matt Damschroder, the former mayor of Elmore.
In a court filing, the judge writes he has requested the Ohio Supreme Court appoint a visiting judge to hear the case.
John Kaylor, a resident of the village and owner of a plumbing business, is suing Damschroder and the village for $25,000 in compensatory damages, at least $25,000 in punitive damages and attorney fees for injuries he incurred when he was assaulted by Damschroder in April 2019.
According to court records, Kaylor, Damschroder and several others were at an “informal gathering” at Kaylor’s residence on Jackson Street. Kaylor alleges the former mayor struck him after Kaylor discussed scheduling a meeting regarding village regulations and their effect on his plumbing business.
Kaylor’s complaint states Damschroder struck him repeatedly without provocation, knocking Kaylor to the ground.
The assault left Kaylor injured with black eyes, lacerations on the face, and injuries to his wrist, hand and ankle that required medical treatment.
Damschroder was charged with assault and entered a guilty plea to a misdemeanor charge in September 2019 in Ottawa County Municipal Court.
“As a direct and proximate result of Defendant Village of Elmore’s negligence, malice, bad faith, wanton, and/or reckless behavior in its training, monitoring, and/or supervising Defendant Damschroder, Plaintiffs suffered severe physical and psychological injuries,” the Kaylor complaint states.
Kaylor’s wife, Donna, is also listed as a plaintiff in the complaint.
They are requesting a jury trial.
Rick Claar, who was president of village council at the time, was sworn in as mayor following the Sept. 25, 2019 resignation of Damschroder, who stepped down as part of a settlement with the municipal court. The former mayor also agreed to not seek election or appointment to any public office for 10 years and to enter the court’s diversion program.
“I have enjoyed my 20 plus years of Elmore politics,” Damschroder wrote in his resignation letter. “I only want what is best for the Village and its residents.”


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