ELYRIA — The city’s insurance company has agreed to pay $50,000 to an Elyria man who was punched by an Elyria police officer while handcuffed to a hospital bed earlier this year.

The settlement prevents a planned lawsuit that Johnny Smith Jr. and his attorney Joseph Triscaro had said they were going to file against the city and police Officer Jay Loesch for the Jan. 27 incident.

Elyria Law Director Terry “Pete” Shilling said the payment comes with standard confidentially agreements that bar Smith and Triscaro from commenting. Triscaro has declined to comment on the status of a civil action since the deal was struck with the insurance company.

Shilling said the city doesn’t admit to liability under the terms of the agreement. The city will pay its deductible of $25,000 in the case, but the remaining funds will be paid to Smith by the insurance company, he said.

Shilling declined to comment further.

Loesch has pleaded not guilty to a misdemeanor assault charge in connection with the alleged punch, which police reports said took place at EMH Medical Center in Elyria after Smith was arrested in connection with the theft of beer and steaks from Apples grocery store.

Police reports and witness statements said that Smith had to be pulled from the cab of the semitrailer he was driving after nearly running down Elyria police Officer James Rider. Jeff Marcum, the man who actually stole the beer and steaks and loaded them into the semi cab, didn’t resist arrest and pleaded no contest to a misdemeanor theft charge last week.

Smith contends he didn’t fight his arrest either, but police officers said he struggled with officers while he was removed from the cab and once officers had him outside. Smith insists that he was attacked by officers for no reason and that Rider struck him twice in the head with a flashlight, allegations that both police and Special Prosecutor John Reulbach Jr. have rejected.

After he was subdued, Smith was taken to the hospital where he was handcuffed to a hospital bed. Nurses noted that Smith, who had a blood-alcohol level of 0.355, well above the legal limit, and officers were hostile to one another when they arrived.

Smith then made a comment about how he wished other officers had been killed on March 15, 2010, when Ronald Palmer gunned down Elyria police Officer James Kerstetter, who was responding to a call on 18th Street.

Loesch and Officer Donald Moss responded to the scene and shot and killed Palmer when he refused orders to surrender and charged at Loesch. A county grand jury ruled that the shooting was justified.

After Smith made the comment in the hospital, Loesch and Officer Richard Walker shut the door to the room and Loesch struck Smith once in the face, according to a nurse who witnessed the incident on a monitor connected to a security camera in the room.

Smith has said the punch nearly knocked him unconscious, while Walker described it as a blow that wouldn’t have harmed his 10-year-old.

Loesch received a 10-day suspension following an internal police investigation. He didn’t contest the suspension and served five days of it earlier this year. Loesch won’t have to serve the remaining five days of the suspension as long as he doesn’t get in any more trouble for the rest of the year.

Smith was sentenced last week to probation and the six months of jail time he’s already served after pleading guilty in April to failure to comply, obstructing official business and DUI charges stemming from his actions in January.

Bob Phillips, Loesch’ attorney, declined to comment on the city’s payment to Smith.

Contact Brad Dicken at 329-7147 or bdicken@chroniclet.com.

ELYRIA — Alicia Kruse has always lived her life with a simple plan: Graduate high school, go to college, get a degree, find a decent job and buy a house.

Alicia Kruse is the new owner of the first home put up for sale by the city of Elyria. She just got her keys to the home on Denison Ave. and is ready to start moving things in already. (CT photo by Bruce Bishop.)

The final step of her plan came to be Monday afternoon when Kruse, 24, walked into a house on Denison Avenue.

Her mother and sister were right behind her, and a truck full of personal belongings taken from storage was parked on the street.

“Go ahead and check it out,” she said as she crossed the threshold. “I love the hardwood floors and the wood banister. You have to see the floors.”

Located on a quiet tree-lined street in the Eastern Heights neighborhood, Kruse’s new home is the first home sold through the city’s Neighborhood Stabilization Program, which uses federal funds to help cities turn foreclosed vacant houses into owner-occupied homes.

With each house the city has purchased since receiving its first round of funding in 2009, city officials either slated the homes for demolition or rehabilitation. In total, the city purchased more than 50 homes although most were slated for demolition.

The city purchased Kruse’s home for $47,500 and then spent approximately $68,000 to rehabilitate it before it went on the market. Basic improvements included an electrical system upgrade, new furnace, new air conditioner, new hot water tank, new exterior water line and new roof, gutters and downspouts on both the house and garage.

Under the federal guidelines, the idea of the program is not to make money, but to encourage homeownership. The home went on the market for $105,000 with a soft mortgage offered by the city for approximately $15,000, which brought the sale price down to $90,000. The soft mortgage is a loan from the city that Kruse won’t have to pay back if she stays in the home more than five years.

“I think once people get out and talk to people, I think we will get a lot of calls because people will see that these are good homes,” Community Development director Angie Byington said.

Carol Gallardo, the city’s real estate agent, said she thinks more people will be homeowners because of the program.

“People think this program is for low-income people, but it’s also for people who just want to start life with a good home,” she said.

Kruse, a pharmacy technician at MetroHealth Medical Center in Cleveland, said some may think her three-bedroom, one-and-a-half bathroom home is a lot for a single woman with no kids, but she said she plans to host parties and holidays for her family.

“I like having my own space and my own stuff,” she said. “As crazy as it sounds, I love responsibility.”

The city hopes to close on its second home later this month, has offers on two other homes and will soon put more homes on the market.

In total, the city will sell more than a dozen homes through the program.

Contact Lisa Roberson at 329-7121 or lroberson@chroniclet.com.

SHEFFIELD TWP. — Lorain County prosecutors have determined that a complaint challenging Lorain school board member Paul Biber’s residency was properly formatted and a hearing will be scheduled to review the issue.

Biber

Elections board Director Paul Adams said that the hearing has to take place before Monday, which is 10 days after Lorain resident Denise Caruloff filed the complaint.

Caruloff has questioned whether Biber actually resides at the East 29th Street home he has registered to vote from. She points to documents filed with the Lorain County Auditor’s Office when Biber bought the house in 2008 that stated it wasn’t his primary residence as proof that he doesn’t actually live there.

Instead, Caruloff has pointed out that Biber receives a 2.5 percent tax break for owner-occupied homes on two houses he owns in Sheffield Lake. One of the houses is a rental, and Biber has said his wife and adult children live in the other.

According to the rules, the tax break can be applied only to one house, and the Auditor’s Office has sent Biber and his wife a letter asking them to declare which one they would like to receive the tax break on.

Biber has called Caruloff’s complaint unfounded and pointed out that a similar issue was raised in 2007 when he first ran for school board. He said a review of his residency determined that he had rented a Lorain apartment where he lived until purchasing the East 29th Street house in 2008.

Contact Brad Dicken at 329-7147 or bdicken@chroniclet.com.

CLEVELAND – Indians fans got exactly what they had been hoping for Saturday night: A big win and a big trade.

First baseman Matt LaPorta hit a three-run, walk-off homer with two out in the ninth inning, giving the Tribe a 5-2 come-from-behind win over the Kansas City Royals.

Kansas City had taken a 2-1 lead in the top of the ninth on an RBI single by Chris Getz, but closer Joakim Soria allowed a game-tying sacrifice fly to Kosuke Fukudome and LaPorta’s game-winning blast.

“We’ve had a lot of big hits this season, but for me, this is at the top,” said a smiling LaPorta, who drilled Soria’s pitch off the facing of the home run porch in left field.

Cleveland (53-51), which agreed to acquire Colorado pitcher Ubaldo Jimenez in a five-player deal earlier in the evening, snapped a three-game losing streak in front of 31,436 fans at Progressive Field.

The Indians also moved within 1½ games of Detroit in the American League Central Division and pulled off their 12th walk-off win of the season.

“I don’t know why we have to wait until the ninth inning every time,” Tribe manager Manny Acta said. “It’s tough on all of us. Tomorrow, I think I’ll put the (ninth-inning sign) on the scoreboard to start the game and see if it makes a difference.”

Cleveland actually came back twice in the final two innings, first tying the score at 1 in the bottom of the eighth on an RBI single by Michael Brantley. That hit came off Kansas City setup man Aaron Crow, who took over after Tim Collins surrendered a leadoff walk to Lonnie Chisenhall.

Soria (5-4, 4.23 ERA) completed the meltdown in the ninth with his sixth blown save of the season. He hit Asdrubal Cabrera with a pitch, allowed a double by Carlos Santana, and walked Chisenhall, in addition to the run-scoring swings by Fukudome and LaPorta.

“We had some great at-bats at the end of the game against Soria,” Acta said.

Tony Sipp (6-2, 3.00 ERA) earned the win despite allowing one run in his one inning. Starter Justin Masterson went the first eight-plus, allowing nine hits and two runs while striking out five.

Masterson came out for the ninth, but was lifted after allowing a leadoff single to Jeff Francoeur, who scored on Getz’s hit.

“Justin deserved better tonight, which is why I’m so happy that he didn’t get stuck with the loss,” Acta said. “If he had gotten Francoeur out, we probably would have left him in because he was fresh.”

On the flipside, the Royals’ bullpen ruined a terrific outing by Felipe Paulino, who didn’t allow a hit until Santana doubled in the fifth. The right-hander threw six scoreless innings, only allowing one runner to reach third base.

“My goal was just to keep it close tonight because we have a good team here and we find a way to win,” Masterson said.

Kansas City went up 1-0 in the first on an RBI groundout by Eric Hosmer. It could have been worse, though, as Masterson allowed a leadoff walk to Alex Gordon and a double to Melky Cabrera before limiting the damage.

The Indians had a golden opportunity to tie the score in the sixth, but Gordon gunned down LaPorta at home on a fly ball to left by Brantley.

Kansas City catcher Matt Treanor suffered a concussion on the play – with his head absorbing a significant blow from LaPorta’s right shoulder – but held onto the ball in the collision.

Treanor was placed on the seven-day disabled list by the Royals before he left the stadium for medical tests.

Contact Brian Dulik at brisports@hotmail.com.

TODAY

• WHO: Cleveland vs. Kansas City
• TIME: 1:05
• WHERE: Progressive Field
• PITCHERS: Carmona (5-10, 5.34 ERA) vs. Davies (1-9, 6.75)
• TV/RADIO: SportsTime Ohio; WEOL 930-AM, WTAM 1100-AM