Spit Take

Ohio Disciplinary Counsel has filed a complaint alleging misconduct by a then- assistant prosecutor

On February 1, 2023, Cynthia Reeves Stevens (“Stevens”) was driving on Far Hills Avenue in Centerville, Ohio.

Respondent was driving his vehicle and was traveling in the same direction as Stevens on Far Hills Avenue.

As Stevens was approaching the intersection of Far Hills Avenue and Alex-Bell Road, respondent drove his vehicle into her lane, cutting her off.

Because of respondent’s actions, Stevens had to slam on the brakes of her vehicle to avoid hitting respondent’s car.

Once they reached the intersection of Fall Hills Avenue and Alex-Bell Road, respondent stopped his vehicle at the stop light in the right-hand turn lane.

Stevens was sitting in her vehicle behind respondent’s vehicle.

While at the stoplight, Stevens honked her horn at respondent to let him know that he almost hit her when he cut her off.

Immediately, respondent jumped out of the driver’s seat of his vehicle and approached Stevens’ driver-side door.

Stevens rolled down her window, and respondent leaned toward her.

When respondent was approximately a foot and a half away from Stevens, he spit in her face.

Respondent’s spit landed inside Stevens’ mouth and on her face.

Stevens could smell and taste respondent’s spit when it landed in her mouth, and she felt violated because of respondent’s actions.

Stevens was so shocked by respondent’s actions that her foot inadvertently came off the brake pedal of her car, and her car rolled into the back of respondent’s vehicle.

Respondent then started screaming at Stevens, exclaiming that she had better have insurance.

Respondent also falsely told Stevens that he was a police officer.

Finally, respondent told Stevens that he had a gun in his car, and he would kill her if she did not have insurance.

Respondent’s aggressive actions scared Stevens and made her feel threatened.

A bystander called police; Respondent allegedly made false statements to them.

Respondent was charged

On February 22, 2023, the matter proceeded to a bench trial.

After the trial, the court found respondent guilty of disorderly conduct and sentenced him to a $50 fine plus court costs.

Respondent paid the fine and court costs that same day.

Respondent did not report this incident to Michael Gmoser (“Gmoser”), the Butler County Prosecuting Attorney, as required by the Butler County Prosecuting Attorney’s Policy Manual.

He later resigned in lieu of investigation when another prosecutor learned of it from an agent and reported it. 

The appeal of the conviction was dismissed for want of prosecution. Mike Frisch)