East Liverpool city assistant law director John Gamble (left) sits Monday at the prosecutor’s table during a bench trial on housing violations against Aaron Stevens (right), who is represented by his defense attorney, Timothy Brookes (center). (Photo by Stephanie Ujhelyi)

EAST LIVERPOOL — For a short time Monday morning, East Liverpool Municipal Court Judge Dominic Frank was faced with another decision early in a bench trial.

When an employee of defendant Aaron Stevens showed up to court, he, like other parties, went through the now-standard temperature check before entering the courtroom. However, the defense witness was pushing 99.8, so Frank had to decide what to do, as he didn’t want to potentially expose others to the man who did not appear to be exhibiting Covid symptoms.

The city housing violation trial, which was prosecuted by city Assistant Law Director John Gamble, went forward with Chris Grimes sequestered to the law director’s office until right before the defense presented its case to see if his temperature dropped.

Earlier this year, Gamble brought a criminal case against Stevens, a local jeweler and landlord, on behalf of the city’s planning department stemming from three properties in the city limits. The Fairmont Street man faces two counts of high weeds and a single count of failure to comply to city housing code, all fourth-degree misdemeanors; as well as renting a property without a license, a third-degree misdemeanor.

Opening up the city’s testimony was former housing inspector Bob Smith, who testified he had drafted and mailed a letter to Stevens on May 13 for high grass at 927 Denver St., where the grass exceeded 12 inches high. “I never made it a habit to bother people who had their grass cut,” Smith added.

During his time on the stand, Stevens later would deny receipt of the letter, which he described as a “fabrication.”

Smith expressed an identical issue with another Stevens property, 309 Grant St., on Sept. 28. No mention was made regarding if Stevens directly was contacted regarding that property.

He also was dispatched to a third Stevens property, 332 E. Eighth St., on Oct. 16, a day after police had responded there to investigate a domestic complaint.

Rob Smith and Patrick Wright on behalf of the police department testified to their observations when responding in October to 332 E. Eighth St. — specifically that the house appeared to have occupants, noting a fully furnished home complete with food stuff and drinks.

Smith noted that he had been familiar with the occupants, Shannon Cunning and Shane Linder, as he had responded to the first block of West Fourth Street on Oct. 1 to a domestic, where they resided in another Stevens property.

Wright, who retired late last year as an East Liverpool police captain to take a job as an investigator at the Columbiana County prosecutor’s office, discussed responding along with two other officers at 8:45 p.m. Oct. 25 to 332 E. Eighth St. again, after Stevens reported a break-in at the property.

He relayed that Cunning, Linder and David Gasior were discovered in the residence and claimed they were renting the place. Wright noted no signs of forced entry but advised the trio to leave the property after they were unable to produce signed paperwork or even a key.

According to the report, Stevens, who was present, said Cunning did not have permission to be there.

Other city employees testifying were Kayla Crowl of the planning department, who had referred the Smith reports for prosecution, and Lisa Ice of the water department, who revealed that water service had been suspended at 332 E. 8th St. for non-payment since May 2019.

Stevens and employee Chris Grimes testified for the defense.

During her testimony, Crowl had related that Stevens had attempted to purchase a rental permit for 332 E. Eighth St. and his other properties back in January 2017, but his check had bounced. When he followed up to renew the others, 332 E. Eighth St. wasn’t on the list.

The Stevens camp asserted throughout the trial that he wasn’t required to secure a rental permit for 332 E. Eighth St. as it was a house available on a land installment contract.

During her testimony, Ice, a water billing employee, said that last April the water department had rejected Stevens’ request to initiate water service at 332 E. Eighth St. due to a lack of either a rental license or a land installment contract on file with the planning department.

After finally testing at 98.3, Grimes was permitted to take the stand, where he explained that he has been doing yard work and light handyman work for Stevens for around two years on around 10 addresses throughout town, including the properties in question.

During his testimony, Gamble hammered away at Grimes’ credibility, after Grimes revealed that he is paid cash under the table and doesn’t receive a W2 or 1099 as well as contradictory photo evidence that Grimes had mowed the grass in early April. Earlier in the trial, the now-retired Bob Smith had provided photos of high grass still existing at the property in question that Grimes had testified he mowed. Eventually Grimes changes his testimony regarding Grant Street, revealing the photos must have mowed the day after Smith grabbed the photos.

Stevens testified that he owns approximately 150 properties, including 115 rental and 30 land contract properties, within the city. He steadfastly denied ever renting the East Eighth Street property to Cunning, even though he had revealed its vacant status when she expressed that she was looking for a bigger place.

The home recently had been under renovations with Stevens planning to make it a rental property again, since “the city has given me so much trouble, trying to sell it (under land contract.)”

He also testified ever receiving Smith’s letter regarding the high grass at Denver Street, instead crediting the decision to mow the grass to a call from Councilman Craig Stowers, who lives next door. Grimes was dispatched to the site within days to cut the property, which normally isn’t part of his list as he doesn’t handle land contract properties, Stevens added.

All the exhibits (including one additional photo on Grimes’ phone, which has to be downloaded) need to be submitted to Judge Frank, who will take the matter under advisement. A decision is expected by April 20.

If convicted of these latest charges, Stevens faces up to $1,250 in fines and 150 days in the county jail.