ELYRIA — Lorain County Commissioner Lori Kokoski’s boyfriend, Ron Massimiani, has been indicted on misdemeanor charges for a March fight in which he allegedly bit the thumb of a man Kokoski used to date.
Kokoski was not charged in connection with the March 24 fight at the Henrietta Township home of Sam Birach.
Massimiani, a former employee of county Engineer Ken Carney, is charged with assault and criminal trespass, according to Oberlin Municipal Court records.
Kokoski, who declined to comment Thursday, previously has said that Massimiani, with whom she has had an on-again, off-again relationship, was at her Lorain home when she received a text message from Birach, whom she dated last year. She also has said she received a string of harassing text messages and emails from Birach since they broke up late last year.
When she showed Massimiani the text message he became angry, Kokoski has said, and went out to his truck. Kokoski, who was wearing slippers and pajamas, went outside to try to calm him down, she has said.
Over her objections, Kokoski has said, Massimiani decided to drive to Birach’s Vermilion Road home to confront him about the messages.
They arrived a little after 11 p.m. and Kokoski has said she stayed in the truck while Massimiani got out and knocked on the door of a screened-in-porch. She has said she saw Massimiani go into the house and then heard arguing, followed by the sounds of a scuffle.
Kokoski has said she went inside to see what was going on and saw Birach on top of Massimiani, punching him.
Kokoski has said she told the pair to stop fighting, but when Massimiani stood up, Birach was still hanging onto him and the two fell over and hit a pedestal table.
She has said she and Massimiani left a few moments later.
Birach called 911 around 1:20 a.m. to report that he had been assaulted and that his thumb was bitten during the struggle. Deputies have said the thumb wasn’t severed, but that the damage was “severe.”
Dan Wightman, Massimiani’s attorney, said his client never planned to attack Birach when he went to the house that night.
“I believe that it was well established that this was not intended to be an assault,” Wightman said. “He went over there in response to a text that Lori received and he felt was inappropriate.”
Wightman also said while Massimiani is relieved not to be facing felony charges in the case, he would have preferred not to have been charged at all.
“He respects the fact that he made mistakes and things got out of hand,” Wightman said.
Mike Duff, Kokoski’s lawyer, said he was pleased the grand jurors who reviewed the case decided she hadn’t broken the law.
“I think the grand jury did the right thing. She did nothing wrong,” Duff said. “She was trying to prevent the whole thing.”
Contact Brad Dicken at 329-7147 or bdicken@chroniclet.com.