Fired Brunswick Fire Captain Wins Appeal, New Trial Ordered

On Monday, October 17, 2011 the Court of Appeals for the Ninth Judicial District, which hears appeals from trial courts in Lorain, Medina, Summit and Wayne Counties reversed a decision of Judge Kimbler's and remanded the case back to the Medina County Common Pleas Court. The case involved Harry Caudill, a former fire captain in the Brunswick Fire Department, who was fired by the City in 2005. In an earlier proceeding Judge Kimbler had sent the case back to Brunswick for a re-hearing of the City's decision to fire Caudill. The City conducted another hearing and again found that Caudill should be fired.

Caudill appealed that decision to the Medina County Court of Common Pleas and Judge Kimbler held that the City's decision should be reviewed as an administrative appeal under Chapter 2906 of the Ohio Revised Code. The Court of Appeals, however, decided that the case should be handled under Chapter 124 and Chapter 119 of the Revised Code. The difference is substantial. Under the reasoning of the Court of Appeals Mr. Caudill is entitled to a full hearing as opposed to the procedure used by Judge Kimbler in which he reviewed the transcripts of the hearing held by the City.

When the case is remanded back to the Common Pleas Court, Mr. Caudill will have the opportunity to call witnesses in support of his position and to cross-examine the witnesses called by the City. At that hearing the Common Pleas Court will not be under any obligation to give any deference to the City's decision to fire Mr. Caudill. Under the reasoning adopted by Judge Kimbler, the Court was to give deference to the City's decision unless the Court found that the decision was not supported by reliable, probative, and substantial evidence or unless the Court found that the firing was illegal, arbitrary, capricious or unconstitutional.

The City of Brunswick has the opportunity to appeal the Appeals Court's decision. Such a notice of appeal must be filed within 45 days of the October 17, 2011 decision.

Brunswick Man Sentenced by Judge Kimbler for Complicity to Commit Drug Trafficking

On Monday, April 12, 2010, Judge James L. Kimbler sentenced Mr. Timothy R. Miller, 22, of West 130th Street in Brunswick, Ohio, for Complicity to Commit Drug Trafficking, a fifth degree felony. Mr. Miller's case resulted from an undercover operation conducted in Brunswick by the Medway Drug Enforcement Agency. Prior to his sentencing hearing, Mr. Miller entered a plea of "no contest" and was found guilty by Judge Kimbler on January 19, 2010.

When Mr. Miller first appeared for sentencing on February 25, 2010, the pre-sentence investigation report revealed that Mr. Miller had told the investigator that he was not guilty of the charge. Judge Kimbler then refused to continue with the sentencing hearing. At the hearing on Monday Mr. Miller told the court that he believed that he had committed the offense that was charged.

Judge Kimbler then proceeded to sentence him to a residential community control sanction of 36 days in jail, with credit for 36 days previously served.

Judge Kimbler also sentenced him to non-residential community control sanctions. Those sanctions included three years of intensive supervision by the Medina County Adult Probation Department; 24 hours of community service; getting a drug use assessment and following all after-care treatment recommendations, if any; completing the Crossroads Program and the Berea Children's Home Program; having no contact with his co-defendants; random drug testing and being arrested on a positive finding; and making best efforts to become and remain gainfully employed.

Judge Kimbler also ordered a six month license suspension and ordered Mr. Miller to pay a community control sanction fee. Judge Kimbler also ordered that Mr. Miller go to prison for six months if he violates the terms and conditions of supervision.