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Assault victim, homeowner sue
The civil suits were filed quickly to prevent the defendants from transferring their assets.
CAMPBELL — Civil lawsuits were filed Thursday against five of the seven men charged in the June 24 beating of a 32-year-old Austintown man at a Blossom Avenue home.
The suits were brought in Mahoning County Common Pleas Court by the victim, Seth M. Leach, of Ayrshire Drive; and the owner of the home in which the beating occurred, Lori Perry.
The defendants, also facing criminal charges of kidnapping, aggravated burglary and felonious assault in connection with the assault, are: Joseph R. Perry Sr., of Tenney Avenue, Campbell; Joseph R. Perry Jr., of Peters Drive, Campbell; Mark A. Ziemianski of South Navarre Avenue, Austintown; Jimmy C. Riley of Harold Lane, Campbell; and Brandon T. Dotson of Selma Avenue, Youngstown.
Also charged with kidnapping, aggravated burglary and felonious assault, but not named in the civil suits, are Anthony Scandy Jr., of Calla Road, Poland; and Richard Michaels, of West Hampton Drive, Youngstown.
Scandy and Michaels were not sued because, though they were present during the beatings, they did not participate in them, said the plaintiffs’ attorney, Charles E. Dunlap of Canfield.
Also, according to the police report, when the Perrys left, they told the others to “finish it and dump him in the lake.”
However, Leach and Lori Perry told police that Scandy and Michaels prevented further assault on Leach, cut him loose and took him to his father’s home in Austintown.
Dunlap said the civil suits were filed quickly because “it is such a weird case, I thought it should not linger. When my clients told me their horror story, I decided to file immediately.”
Dunlap said the defendants may try to transfer their assets to make themselves judgement proof, and filing the civil suits may impact their ability to do that.
In his suit, Leach said the defendants restrained him by duct-taping his hands and feet and severely beating and kicking him with the purpose of killing him.
According to the Campbell police report, the accused forced their way into Lori Perry’s home between midnight and 1 a.m. In her report to police, Lori Perry said her former husband, Joseph Perry Jr., and his father, Joseph Perry Sr., had warned Leach to stay away from her and her four children.
The children, ranging in age from 6 to 11, were not home and did not witness the incident, Dunlap said.
Leach said in his suit that as a result of the attack, he suffered a concussion, a jaw broken in two places, numerous cuts and bruises, and the loss of eight teeth, as well as physical and mental suffering. He spent several days in St. Elizabeth Health Center being treated for his injuries.
Lori Perry, in her suit, said the defendants broke into her house and attacked her guest and threatened her with bodily harm. As a result, Lori Perry said she has suffered nightmares, cannot reside in her home, and has been unable to work and has lost wages.
Both plaintiffs said they sustained mental anguish of so serious a nature that “no reasonable person or woman could be expected to endure.”
Each plaintiff is seeking a judgement in excess of $100,000, plus punitive damages, attorney fees, and any other costs incurred. Also, Leach said his medical costs will be in excess of $100,000; and Lori Perry said she sustained minor damage to her property of $1,000 or less.
alcorn@vindy.com