But the assault charge against Thomas McGuire, 34, was dropped Tuesday after Elyria City Prosecutor Jay Grunda reviewed a police report of the incident.
Grunda said the case needs more review, and the woman who filed the charge against McGuire, Krista Adamczyk, could end up facing a felony theft charge.
Adamczyk, 35, called police before she went to McGuire’s Fourth Street office Monday about 2 p.m. and told officers that she wanted them there while she collected a check from McGuire because she had a court order for the check, according to the police report.
McGuire refused to hand over the check. He asked Adamczyk to sign it and he would give her a portion of it. The pair went into McGuire’s offices while police waited outside, the report said.
While she was inside, Adamczyk called 911 and told police that McGuire had given her the check to sign, but she instead took it and tried to leave. McGuire then stopped her from leaving his office by grabbing her arm, she told police.
Police noted that the skin on Adamczyk’s right arm was scuffed and bright red and arrested McGuire at her request. He was freed from custody a short time later.
McGuire, who represents Anthony Adamczyk, didn’t deny that he had grabbed Krista Adamczyk after she tried to leave his office with the check for the former couple’s income tax return.
“She tried to take it and flee my office, and I tried to stop her,” he said.
Under the terms of the divorce decree, McGuire said, McGuire was supposed to get the check and split the money — that he said was in the thousands of dollars — evenly between the divorcees.
He said he had every right to stop someone from stealing and wasn’t pleased to be arrested and booked by Elyria police.
“I was not happy,” he said.
Grunda said that under state law, a person has a right to stop and detain people trying to commit a felony. A theft becomes a felony when whatever is stolen is worth more than $500, he said.
If Krista Adamczyk wasn’t entitled to the check, Grunda said, she could face charges.
Adamczyk denied any wrongdoing.
“I’m not worried,” she said. “I didn’t steal anything, it was my check.”
She also said it didn’t surprise her that the charges against McGuire were dropped.
“He did assault me. He should be held accountable, but I’m not surprised — he’s a lawyer,” Adamczyk said.
Anthony and Krista Adamczyk were married in December 1996 and have two sons, ages 8 and 10. Krista Adamczyk lives in North Ridgeville, while her ex-husband now lives in Arizona, according to court records.
Krista Adamczyk had sought a domestic violence protection order last year after her then-husband sought to see one of the boys who was refusing to visit with him. The court threw out the case after Krista Adamczyk couldn’t show any evidence of domestic violence, according to court records.
Krista Adamczyk also leveled allegations of sexual misconduct against her ex-husband, but McGuire said his client was cleared of wrongdoing.
Contact Brad Dicken at 329-7147 or firstname.lastname@example.org.