Former Wapakoneta mayor prevails in appeal

LIMA — The Ohio Third District Court of Appeals, in a split decision, reversed two felony convictions against former Wapakoneta Mayor Thomas Stinebaugh that were handed down in 2022.

The appellate court’s decision, released Monday, returns Stinebaugh’s case to the Auglaize County Common Pleas Court for the ultimate resolution of three remaining misdemeanor charges. The announcement came more than 10 months after oral arguments were heard in the case.

An Auglaize County jury on Oct. 28, 2022, returned guilty verdicts on five of 11 charges brought about against Stinebaugh by the Ohio Attorney General’s Office following four days of testimony. Visiting Judge Patricia Cosgrove sentenced the former mayor to 18 months in prison on felony counts of having an unlawful interest in a public contract and theft in office and three misdemeanor counts of conflict of interest.

Third District Appellate Court Judge John Willamowski wrote the majority opinion for the court, which affirmed parts of Stinebaugh’s conviction and reversed others. Specifically the opinion overruled findings of guilt against the former mayor on charges of having an unlawful interest in a public contract and theft in office. Three misdemeanor convictions for conflict of interest were allowed to stand.

Judge Mark Miller concurred with Willamowski’s opinion, but Judge Juergen Waldick dissented in part.

When contacted Tuesday, Stinebaugh was reserved in his comments. He said his attorney had advised him that “it would be wise to let this all play out” before making public statements. But he did want to make one thing clear.

“I was never a felon, and I thank the Third District Court of Appeals for confirming that,” Stinebaugh said.

Background of the case

At the crux of the case was a city ordinance and its application to a sewer line prosecutors claimed was installed by the city of Wapakoneta at Stinebaugh’s direction to a home which he had constructed. Testimony during the trial suggested such an occurrence was not in keeping with city ordinances and past practices, which required developers to pay for the installation of sewer lines.

The appellate court judges disagreed. In his majority opinion, Willamowski wrote, “The State failed to establish that (Stinebaugh) had a prohibited interest that falls within the meaning of (an existing city ordinance). Because the evidence does not establish an essential element of the charged offense, Stinebaugh’s conviction for having an unlawful interest in a public contract is reversed.”

Willamowski also wrote that the state had failed to establish its second assertion, that only city council had the authority to consent to the expenditure of funds for the extension of the public sewer line.

“While his three convictions for conflict of interest in violation … are unaffected by this decision, we vacate Stinebaugh’s convictions for having an unlawful interest in a public contract and theft in public office. This cause is remanded to the trial court for further proceedings consistent with this opinion,” Willamowski summarized .

Attorney: AG should be ‘embarrassed’

As is typical when felony charges are brought against a public official, the charges against Stinebaugh were initiated by the Ohio Attorney General’s Office. Perrysburg attorney Andrew Mayle, who handled Stinebaugh’s appeal, on Tuesday said Ohio AG Dave Yost “should be embarrassed” by the way attorneys for his office handled the case.

“In their zeal to go after Mr. Stinebaugh, they lost the forest for the trees,” he said. “The ordinance at the heart of this case just doesn’t apply in the way the state said it did.”

Mayle nonetheless said the ruling vindicated his client.

“The system does work. This is a big relief for Mr. Stinebaugh. We are very thankful that the court took a close look at this case. Their decision was thorough, well-written and logical,” he said.

Mayle is uncertain how the trial court will address the remaining misdemeanor charges. “That’s an open question right now,” he said.