BUCYRUS — The county prosecutor and judge voluntarily recused themselves from a case involving a former law enforcement employee during a hearing Thursday in Crawford County Common Pleas Court.
Crawford County Prosecutor Matt Crall and Crawford County Common Pleas Judge Sean Leuthold no longer will be involved with the case involving former Crawford County corrections officer Jason Tupps.
During the hearing Thursday, Crall told the court he heard from several citizens that the case should not be heard by his office.
“Perception sometimes creates reality,” Crall said. “The community has expressed that they are concerned that my office cannot adequately prosecute him because he is an officer and has had interaction with my office and the court.”
Crall told the court he contacted the Ohio Attorney General’s Office to request a special prosecutor for the Tupps case.
Leuthold said the case had been pending for some time.
“This is no one’s fault, it’s about the appearance of impropriety,” Leuthold said. “I am confident that I could be fair and impartial with Mr. Tupps. We live in a small community and I have had to preside over defendants that I know. In trying around 2,000 cases since I took the bench, I have only asked for a visiting judge about five times.”
Leuthold said he spent a great deal of time reflecting on this case as to whether the community feels justice could be done.
“I don’t want the public to have concerns,” Leuthold said. “I believe I could do that but am concerned the community might not see that as fair. They may feel either that I am biased for or against the defendant. It goes both ways.”
To give Tupps “a fair shake,” Leuthold said he would place the case on a visiting judge’s docket.
“I want no appearance of impropriety,” Leuthold said.
Tupps’ attorney, Adam Stone, told the court he wanted to withdraw the speedy trial waiver his client had signed during the beginning of the proceedings. Leuthold granted the motion, meaning Tupps is now asking special prosecutors and a visiting judge for a speedy trial that will most likely occur within about 90 days.
The trial is focused around an incident in Galion last July.
Tupps was arrested after an incident involving him drawing a firearm on another person after a traffic crash July 9, 2018.
According to previous reports, a woman allegedly was involved in a crash involving Tupps’ vehicle at the Crawford-Morrow county line. Tupps reportedly followed the female driver and convinced the woman to exit her vehicle. Tupps held her at gunpoint and called 911. When Galion Police Department officers responded to the call, they arrested Tupps on suspicion of operating a vehicle under the influence (OVI). He was transported to the Crawford County Justice Center.
Tupps was indicted on a fourth-degree felony charge for improper handling of a firearm, punishable by as many as 18 months in prison, and a first-degree misdemeanor charge of falsification.
He was placed on administrative leave but subsequently resigned his position.
Tupps was released on bond and retained Bucyrus attorney Adam Stone to represent him.