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McClafferty, others face trial in Hiram incident; former commissioner candidate, Hiram police officer are part of group

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June 24, 2009

by Mike Sever

Record-Courier staff writer

A misdemeanor assault case involving a Hiram police officer and Brett McClafferty, a former candidate for Portage County commissioner and Streetsboro mayor, has been turned over to a special prosecutor.

Trial has been set for July 7 for McClafferty, 21, of Streetsboro, and Robert Nevling, an investigator with the Hiram Police Department, along with two other men police say were involved in a March 18 assault on Conor J. Faloon of East Liverpool in the Dropouts Bar and Grill in Hiram.

All four were charged with first-degree misdemeanor assault, according to a court official.

The men will all be tried together, and face up to six months in jail and a $1,000 fine.

According to the criminal complaint, Faloon alleged he was assaulted inside the Dropouts bar by McClafferty, Nevling and two Streetsboro men, Eno Iftiu and Robert Zeigler.

McClafferty, in a phone interview June 22, claims Faloon "assaulted" him inside the establishment. Nevling, working for the bar as a bouncer while off-duty from his police job, was removing Faloon from the establishment, said McClafferty. He was "just doing his job," McClafferty said.

"I refuse to plead this out," said McClafferty. "If [the special prosecutor] doesn't dismiss this, it will go to trial."

The case was previously scheduled for a pre-trial hearing before Municipal Court Judge Barbara Oswick, but has been transferred to Judge Barbara Watson.

A jury trial is scheduled for McClafferty, Nevling, Zeigler and Iftiu at 9:10 a.m. on July 7 before Watson.

Because a police officer is charged, Watson appointed attorney Rebecca L. Doherty as an independent prosecutor in the case.

Doherty said she couldn't comment on the details of the case, but said she'd heard McClafferty's counterclaim.

Portage County Prosecutor Victor Vigluicci said that is typical, to avoid a perceived conflict of interest.

"We represent the Hiram Police Department, so when one of their employees is charged, it's best to get off the case and appoint a special prosecutor," he said.

Editor's note: The Gateway News Editor Bob Gaetjens contributed to this story.




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