ELYRIA – The assault charge against Elyria police Officer Jay Loesch – who is accused of punching a suspect handcuffed to a hospital bed – will be dropped if he completes a court-ordered diversion program.

Johnny Smith Jr., right, apologized to Elyria police Officer Jay Loesch, left, in court Thursday.

Johnny Smith Jr., the man Loesch is accused of hitting at EMH Medical Center in Elyria on Jan. 27, asked for the charges to be dropped during both a July 31 call to Elyria police and again Thursday during a hearing in Elyria Municipal Court.

“I just want to go on with my life and I don’t want anything bad to happen to this guy,” Smith told visiting Judge Michael Weigand on Thursday.

Smith said during the call to Elyria police that he believes Loesch may need counseling to deal with the events of March 15, 2010, when Elyria police Officer James Kersetter was gunned down by Ronald Palmer while responding to a call on 18th Street.

Loesch and Officer Donald Moss shot and killed Palmer when he refused orders to surrender and charged at Loesch.

Special Prosecutor John Reulbach Jr. said that counseling and sensitivity training is exactly what Loesch would get under the diversion program, which Weigand agreed to place the veteran officer in. If Loesch successfully completes the program, the charges against him will be dropped.

According to an internal police investigation, Smith was struck by Loesch after making a comment about Kerstetter’s death while he was being treated for injuries he received during his arrest earlier in the evening of Jan. 27.

Smith – who had a blood-alcohol level of 0.355, more than four times the legal limit for driving – told officers he wished Palmer had killed more officers the night Kerstetter died.

A nurse who watched the incident on a monitor connected to a video camera in Smith’s hospital room told police that Loesch and Officer Richard Walker shut the door after the comment. She told officers that Loesch then walked over to Smith and struck him once on the left side of his face.

Although Smith has said the blow nearly knocked him unconscious, Walker told police it wouldn’t have harmed his 10-year-old and was meant to get Smith’s attention.

“I didn’t deserve everything, but I deserved what he did to me,” Smith said during his call to police last month. “So I would just like to make right. I’m trying to be a better person.”

Smith apologized to Loesch on Thursday for the comment.

“I made an inappropriate comment, which was totally out of line and I’d like to apologize to you again,” Smith said during the hearing. “I forgive you. I hope you forgive me for what I said.”

“I appreciate it, man,” Loesch replied.

Following an internal police investigation Loesch was given a 10-day suspension for the incident, although he served only five days of it. He won’t have to serve the remaining five days if he doesn’t get in any further trouble for a year.

The city’s insurance company paid Smith $50,000 to avoid a lawsuit he had planned to file.

Loesch declined to comment after Thursday’s hearing, but his lawyer, Bob Phillips, said he believed justice was served in the case.

“He, too, is sorry that happened,” Phillips told Weigand. “In that sense we can forgive and forget and move forward.”

Before he was taken to the hospital on Jan. 27, Smith was arrested after police were called to Apples grocery store when Jeff Marcum stole beer and steaks and loaded them in the cab of the tractor-trailer Smith was driving.

Elyria police tracked the truck to a nearby parking lot and tried to get the men to get out. According to police reports, Smith nearly ran over Officer James Rider as he was trying to flag down the truck. Smith, however, insists he didn’t see Rider.

Police surrounded the truck on Cleveland Street and ordered the men out of the truck. Smith refused to get out, according to officers, who reported they had to forcibly remove him.

After he was pulled from the truck, Smith continued to struggle with officers until he was subdued and handcuffed, officers and witnesses said. Smith has said that he wasn’t resisting and was beaten by officers and that Rider struck him twice in the head with a flashlight.

The internal police probe and Reulbach’s investigation determined the allegations against Rider and other officers didn’t have any merit.

Marcum pleaded no contest to theft in the case, while Smith pleaded out to charges of failure to comply, obstructing official business and DUI. He served six months in the county jail before being released on probation in July.

Smith was arrested again earlier this month after testing positive for cocaine. Elyria Municipal Court Judge Lisa Locke Graves ordered him to serve a 120-day jail sentence because the failed drug test violated the terms of a plea agreement in a 2010 case in which he pleaded no contest to attempted unauthorized use of a motor vehicle.

Smith is due back before Lorain County Common Pleas Judge Christopher Rothgery next month for allegedly violating the conditions of his probation in the case stemming from his January arrest after testing positive for cocaine.

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

LORAIN — The shooting of two men about 10:50 p.m. Thursday in the 2200 block of Lorain Drive by the intersection of West 21st Street is under investigation by police.

The two victims are city men in their 20s, said police Sgt. Michael Hendershot, who wouldn’t give their names. He said one man was shot in the right hip and the other in the left buttock. Hendershot said both men were uncooperative and police are unsure if the shootings are connected.

One man was found at the scene while the other was driven to Mercy Regional Medical Center in Lorain. The men were then taken by helicopter to MetroHealth Medical Center in Cleveland and St. Vincent’s Hospital in Toledo.

CLEVELAND – Jim Thome will be back in an Indians uniform tonight.

With reports circulating for much of Thursday, Indians officials finally confirmed that the club had reached a deal with the Twins to bring Thome, the team’s all-time home run hitter, back to Cleveland. He was acquired for a player to be named.

Reports that the Indians had claimed Thome off waivers were prevalent Wednesday night, but there were also reports that the White Sox did the same to block Cleveland’s attempt to land the slugger, who turns 41 Sunday. It was reported Thursday afternoon that Chicago did put a waiver claim in on a Minnesota player, but it was Jason Kubel, and not Thome.

The Indians public relations department acknowledged Thursday afternoon on Twitter that the team had claimed Thome off waivers and were working on a deal with the Twins.

Thome, batting .243 with 12 home runs and 40 RBIs in 71 games for the Twins, did have a no-trade clause in his one-year, $3 million contract with Minnesota that could have nixed the deal, but he waived the clause.

“I think it’s important to note that Jim had a choice, and he ultimately chose to come back to Cleveland,” said Indians general manager Chris Antonetti. “He could have remained in Minnesota or he could have pursued other options, but he chose to come back to Cleveland. We’re elated that he did.”

Thome’s return to Cleveland, where he starred from 1991-2002, figures to boost attendance at Progressive Field, and it should help the Indians on the field as well. With designated hitter Travis Hafner possibly lost for the season thanks to a right foot strain, Thome, who this season became the eighth player in history to hit 600 career homers, is expected to log the majority of at-bats in Hafner’s absence.

At this point in his career, Thome, a 17-year veteran, is not an every-day player, but his addition is expected to lift an anemic Cleveland offense that has struggled for much of the year. Cleveland, which was off Thursday, trails the first-place Tigers by 6 ½ games in the Central Division standings. The Indians have lost six of their last seven games and open a three-game series against the Royals tonight at Progressive Field. Thome is expected to be in the lineup.

“We know (Hafner) is going to be out a minimum of two weeks,” Antonetti said. “Right now, every game is meaningful, and we feel bringing Jim back will help us be more competitive and help us win games.”

Cleveland is expected to pick up the remaining $500,000 on Thome’s contract with the Twins.

His return to Cleveland will be cause for celebration.

Thome was a member of six Central Division championship teams after breaking into the majors with Cleveland, appearing in both World Series for the Indians in 1995 and ’97. He still owns all-time records in homers (334) and walks (997), while ranking in the top five in six other offensive categories.

His departure to the Phillies via free agency in 2003 was a tough pill to swallow for Indians fans that listened when Thome said his preference was to finish his career in Cleveland. Boos outweighed cheers for Thome, a member of the Indians 100 greatest players roster, whenever he returned with an opposing team.

Now, Thome might indeed finish his career where it started – in Cleveland.    

“Jim Thome is a Hall of Fame-caliber player and person,” Antonetti said. “He has meant so much to this organization, both on and off the field, and it is an honor to bring him back in an Indians uniform, where he created so many great memories.

“Having his bat and presence in the middle of the lineup, certainly improves our team.”

Omar Vizquel, a longtime teammate of Thome’s in Cleveland, tweeted, “That’s so great that big thome is back with the tribe. Awesome.”

Man down?

The injury-depleted Indians could be dealing with another medical issue.

Acta said starting pitcher Josh Tomlin (12-7, 4.25 ERA) will likely miss his next start with an undisclosed injury.

Tomlin was the loser Sunday against Seattle, with his streak of lasting at least five innings ending at his first career 37 starts – tied for the longest such streak since 1919.

Contact Chris Assenheimer at 329-7136 or cassenheimer@chroniclet.com. Fan him on Facebook and follow him on Twitter.

ELYRIA – An Elyria motorcyclist died overnight following an accident in which he struck a traffic sign on Hilliard Road.

William C. Dalton Jr., 56, was conscious at the scene when police responded to reports of a crash at 6:22 p.m. Wednesday. The man, who police said sustained injuries to his left leg, was first taken to EMH Elyria Medical Center and later flown to Metro Health Medical Center in Cleveland where he was pronounced dead at 12:38 a.m. today. Dalton was not wearing a helmet, police said.

Police said officers at the scene detected a strong odor of alcohol on Dalton. It was not immediately known how fast he was traveling at the time of the crash, Elyria Police Sgt. Lee Frank said.

Initial investigation of the crash revealed that Dalton was westbound on Hilliard Road on his 2003 Harley Davidson motorcycle when he apparently crossed over into the eastbound lane, left the road, and hit a traffic sign east of Vermont Street.

There were no witnesses to the accident, and no other vehicles were involved, Frank said.
Police are asking that anyone with information relating to the crash contact them at (440) 323-3302.

See Friday’s Chronicle for more on this story.