Judge dismisses felony case against Beverly police chief
Misdemeanor charges remain in place
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BEVERLY -- The case for the felony charge against Beverly Police Chief Todd Bumbalough in relation to an alleged incidence of domestic violence involving a 14-year-old female family member has been dropped and a special prosecutor has been requested to review the case.
Retired Geauga County Court of Common Pleas Judge David Fuhry, who was acting as a visiting judge for the Marietta Municipal Court, dismissed the case for a fifth-degree felony count of obstructing official business against Bumbalough during a preliminary hearing Wednesday afternoon.
Marietta Municipal Court Judge Randall Jedlink did not preside at the hearing after filing a recusal Oct. 9 in Bumbalough's case stating he has a conflict due to the court having jurisdiction over all police agencies in Washington County and Bumbalough being the Beverly Police Chief.
Fuhry listened to information from Bumbalough's defense attorney Rolf Baumgartel and Washington County Assistant Prosecutor Jim Schneider Wednesday. While speaking with the judge, Schneider said he was not there to represent the state in the case and Washington County Prosecutor Nicole Coil confirmed he was at the hearing to give information.
Schneider said Beverly Law Director Andrew Webster asked the Marietta City Law Director's Office to handle the misdemeanor charges. Bumbalough has been charged with one first-degree misdemeanor count of domestic violence, one first-degree misdemeanor count of falsification and one third-degree misdemeanor count of unlawful restraint in relation an Oct. 6 incident at his residence involving a 14-year-old female family member during which the child alleges she was in a verbal argument with a woman at the house and Bumbalough became involved in the argument, tackled her onto her bed and in doing so hit her in the face causing her glasses to break and injuring her right eye.
There was also a claim made in court documents by the Beverly Police Officer that responded to Bumbalough's residence about the incident, with the officer stating he handled the call differently because it involved Bumbalough and he thought the Washington County Sheriff's Office should have gotten the call but Bumbalough did not tell him to call the Sheriff's Office.
Bumbalough was booked into the Washington County Jail Oct. 8 for the charges and was released Oct. 9, according to Jail Supervisor Lieutenant Cody Tucker.
Schneider said the Washington County Prosecutor's Office referred the felony case to the Ohio Attorney General's Office for a special prosecutor and the office said they would take the case.
There was no one present to represent the state at Wednesday's hearing and according to Schneider he had not heard from the Attorney General's Office before the hearing. He said he would understand if the judge dismissed the felony case due to no one being at the hearing to represent the state.
Both Schneider and Baumgartel agreed that if the felony case was dismissed the attorney general would still be able to present the felony later on to the Washington County Grand Jury if they chose to do so.
Baumgartel told Fuhry the felony case should be dismissed and he pointed out that he believed the process of discovery for the felony case could take months and that the case is "having a very serious impact on (Bumbalough's) life, his career."
Beverly Mayor Jim Ullman previously told The Times that Bumbalough is suspended with pay until an investigation is completed by the Washington County Sheriff's Office.
Fuhry dismissed the felony case and pointed out that Bumbalough is still required to not contact the victim because of the misdemeanor charges. He said one of the requirements for the $5,500 personal recognizance bond for the misdemeanor charges is that there be no contact from Bumbalough to the victim. He also confirmed that even though the felony is dismissed it can still be prosecuted later.
After the hearing, Coil confirmed that her office did request a special prosecutor because of a conflict of interest due to her office having "routinely worked with Chief Bumbalough on cases coming from Beverly.
"My request has been received and acknowledged by the Special Prosecutions Unit of the (Office of the Attorney General)", Coil said, but she has not received final acceptance of the case from the Attorney General because they are checking for any conflicts of interest on their end.
Marietta City Law Director Paul Bertram confirmed after the hearing that his office may be handling the misdemeanor charges saying Webster asked him to do so because Webster being the law director for Beverly could present a conflict of interest.
Bertram said the judge handling the misdemeanors would need to approve appointing the Marietta City Law Director's Office as the special prosecutor for the charges and he has not seen anything entered with the Marietta Municipal Court doing so.
During the hearing Baumgartel asked Fuhry if he would be the judge handling the misdemeanor charges. Fuhry said he was not sure and would have to check and that he had been called last minute to cover the hearing Wednesday.
Ohio Office of the Attorney General Press Secretary Stever Irwin confirmed the office received a request for a special prosecutor from the Washington County Prosecutor's Office Tuesday.
"We are reviewing the case," Irwin said.
He clarified that the office has not accepted the case yet and there is a formal process by which the court handling the felony would appoint them as the special prosecutor and that has not happened yet either.
Requests for comment by Webster on the reason for him requesting the Marietta City Law Director's Office handle the misdemeanor charges were not returned as of press time.
Bumbalough has not entered a plea for most of his charges, though he did enter a plea of not guilty for the domestic violence charge Oct. 9, according to court records.
No other hearings have been scheduled yet for Bumbalough's remaining misdemeanor charges.
Michelle Dillon can be reached at mdillon@newsandsentinel.com