TRUMBULL COUNTY Judge denies new trial for officer

The defense motion cited 'an error of law'; the prosecutor said the judge's instruction to the jury was proper.
By PEGGY SINKOVICH
VINDICATOR TRUMBULL STAFF
WARREN -- A Newton Falls police officer convicted earlier this month of a misdemeanor assault charge won't get a new trial.
A motion filed by Sgt. James Zimomra's attorney, Gregory Robey, was denied Tuesday by Judge W. Wyatt McKay in Trumbull County Common Pleas Court.
Robey said in his motion the jury was erroneously instructed that Zimomra had to prove that his actions did not constitute excessive force.
Robey added that it is the prosecutor who has the burden to prove the officer used excessive force.
In the motion
"This was an error of law and deprived Sgt. Zimomra of his right to due process and to a fair trial," the motion stated.
Chris Becker, an assistant county prosecutor, disagreed, saying he thinks Judge McKay, who presided over the trial, instructed the jury properly.
Zimomra was convicted April 11 on the misdemeanor charge. The same jury found him innocent of felonious assault.
Zimomra was caught on tape recorded by a camera in a police cruiser last year striking a 22-year-old woman during an arrest.
Since he was convicted of the misdemeanor, Judge McKay gave the 21-year veteran officer a 30-day suspended sentence and two years' probation. He also was ordered to perform 40 hours of community service.
Zimomra has returned to work, Police Chief Robert Carlson said.
Zimomra still faces a civil lawsuit in U.S. District Court in Youngstown for hitting and pushing Connie Casseday after pursuing her and a companion, John Lusher, after a disturbance in a Newton Falls bar.