By Stacy Kess
Jim Stillwagon filed a complaint in Delaware County Common Pleas Court today for disclosure of evidence presented to a county grand jury before his trial, a move to assist a federal lawsuit he filed in July against the Delaware Police Department and several detectives.
The former Ohio State University football standout was tried in 2013 for four counts of felonious assault with a weapon based on what police called a “road rage” incident in September 2012.
After Stillwagon and another motorist, Richard Mattingly, engaged in a brake-checking, speeding and other dangerous roadway behaviors along U.S. 42, Stillwagon was accused of attempting to shoot Mattingly. Stillwagon contended that the he fired shots from his gun, legally carried with a concealed carry permit, at Mattingly’s truck to stop him from attempting to injure Stillwagon on his motorcycle.
When the two met face-to-face in the AutoZone parking lot on East William Street just off U.S. 23, Stillwagon hit Mattingly over the head with his gun, which he said accidentally fired a shot. Mattingly said a bullet grazed his head.
After four days of trial, the charges against Stillwagon were dismissed for a lack of supporting evidence. Delaware County Common Pleas Judge W. Duncan Whitney called Stillwagon the only “credible” person in the case in his dismissal.
Mattingly admitted to police that he was drunk during the incident in which he waved a baseball bat several times at Stillwagon. He was later charged with a traffic offense.
Stillwagon and his attorney, James McNamara, said Stillwagon’s reputation and financial status were damaged by the prosecution that made headlines around the state. He said he also hopes the lawsuit will prevent similar prosecutions for others.
Reporter Stacy Kess can be reached at 614-373-4166 or on Twitter @StacyMKess.