At 8:50 a.m., Oct. 25, the courtroom of The Auglaize County courthouse was occupied with press, witnesses, the public where he is being tried for his 17 counts against him, which have been dropped down to five counts of unlawful 5 counts of conflict and 1 count of theft, where the defendant has pled not guilty.
At 9:05 a.m. the courtroom doors were closed. Both prosecuting and defending attorneys were called to behind the bar and were informed and informed the crowd the wait was on Judge Patricia Cosgrove, who was said to have arrived by 10:45 a.m. The courtroom emptied a little as there was a wait for the judge. At 10:38 a.m. the attendees of the courtroom, along with the prosecuting and defendant and defending attorneys, came back in along with Judge Cosgrove at 10:40 a.m. and the trial got underway at 10:50 a.m. as the jury entered the courtroom.
By 11 a.m. the prosecuting attorney, Laura Dezort, began presenting her opening statement. Then the defending attorney, Amber Mullaly, presented the defense’s opening statement.
The questioning of witnesses then began. They were called one at a time from the hallway to give their testimonies.
In her opening remarks, Dezort accused Stinebaugh of abusing his authority in the form of nepotism, in January 2016, when he appointed his brother Anthony to the position of fire chief, bypassing the regular means of selection for this position. Jeffrey Orphal was called as the prosecution’s first witness to provide testimony as to the accuracy of this accusation.
Orphal testified to the required testing needed to become a fire chief, stating he was shocked that Anthony Stinebaugh, the defendant’s brother, was appointed acting fire chief. Orphal was then cross-examined by the defense attorney, Jim Fleisher.
When there were no further questions from either attorney, Judge Cosgrove called for a lunch recess from 12:50 p.m. to 1:35 p.m.
The jury and Judge Cosgrove returned to the courtroom by 1:45 p.m.
The second witness of the day was called for questioning by Micah Ault, Terri Rohrbacher. Rohrbacher is the retired payroll clerk, among other duties in her role, for the City of Wapakoneta. Rohrbacher testified that she adjusted the checks of Anthony Stinebaugh when he was placed in the active chief’s role after the previous fire chief, Kendall Krites Krites retired from the Wapakoneta fire department. Rohrbacher explained why the changes needed to be made and when they needed to be made. Rohrbacher was also questioned by the defendant’s attorney, Amber Mullaly.
The defense argued Stinebaugh was not involved in his brother’s appointment to the position of fire chief.
The prosecution next argued that Stinebaugh personally benefited from a business relationship with Golden Fresh Farms when it selected Wapakoneta as the location to build its greenhouse business.
The next witness the prosecution called was Chad Scott. Scott was employed by the City of Wapakoneta as a safety service director for two and a half years. Based on Scott’s testimony, he had been approached by Stinebaugh prior to the election. The two had met at the Golden Fresh Farm site. Once Stinebaugh was elected, he hired Scott.
Scott testified that he had mentioned to Stinebaugh that it may look funny having his trucks out at the site while Mayor Stinebaugh’s construction company was working on the office area and a couple of bathrooms in the plant of Golden Fresh Farms.
Scott also testified that Mayor Stinebaugh said, “I have to make a living too.”
His testimony also revealed that Stinebaugh’s truck and trailer were also seen at the site around the time Golden Fresh Farms purchased the land for the project.
There was also an abandoned house on the site from which Stinebaugh allegedly took materials for use for his personal construction company as well as for his company to build an office on the premises.
Scott was questioned about the agreements that were signed for the project of Golden Fresh Farms coming to Wapakoneta.
Defense attorney, Amber Mullaly, addressed the concern that Scott had taken to the Law Director of the City of Wapakoneta, and that the amended document that was signed for the Golden Fresh Farms coming to Wapakoneta was wanted from the electric company, and it was to clarify some language that was used.
Mullaly also claimed the Golden Fresh Farms contracts were made before Stinebaugh took office.
The sewer line debacle was the result of improper information provided by the city’s engineering department, said Mullaly, and a company owned by the mayor’s sister produced signage for the 50th anniversary of the lunar landing at cost and had donated some products free of charge.
Another argument the prosecution made against Stinebaugh related to directing contracts to a company owned by his sister during the Armstrong 50th anniversary event in 2019.
By 2:45 p.m. Judge Cosgrove granted a 15-minute recess.
Following the recess, Ault, asked Scott about when his employment was terminated with the City of Wapakoneta.
Scott replied it was about a two-month time frame, and that through a text message Stinebaugh indicated he was happy with Scott’s performance but he was nevertheless looking for a replacement, Scott felt it was because the two didn’t always get along.
According to prosecutors, Stinebaugh strong-armed the city into building a sewage line to a residence on Fairview Drive.
Thomas Williams, who had been appointed by Stinebaugh to work for the City of Wapakoneta, was called forward as the next witness.
Williams worked for the City of Wapakoneta for roughly 30 years and is the current supervisor of public works, and reporting to the Mayor as well as the safety service director.
In his testimony, Williams informed the jury and the court about a sewage line. He stated the lots that were divided were city property, there were no plans in motion to fix this issue before Stinebaugh purchased the property. He stated that Stinebaugh then sold it to a citizen who then wanted a house built on
the property built by Stinebaugh’s construction company.
Scott also testified that Stinebaugh requested a sewer line to this property be constructed at the City’s expense when that expense is usually the property owner’s financial responsibility. What seems to have happened, based on the descriptions, was that they tapped into the sewer line of the trailer park, which is privately owned, and those lines do not belong to the City of Wapakoneta.
The court was adjourned at 5 p.m. and will resume the case at 9 a.m. on Wednesday, Oct. 26.
